After validity challenges and 1975 Act claims, disputes concerning the conduct of executors are perhaps the most commonplace of probate disputes. From cases of difficult, slow, uncooperative or hostile executors through to the downright dishonest, the issue frequently arise as to whether the current personal representatives should continue to administer the estate or, alternatively, should […]

  A version of this article, written for a lay audience, first appeared on the Transparency Project blog. The Transparency Project is a registered charity which aims to explain and discuss family law and family courts in England & Wales, and signpost to useful resources to help people understand the system and the law better. You can read more articles […]

T v V [2019] EWHC 214 (Fam) is a case that will be of interest to contentious probate practitioners since it deals with the question of when the court should exercise its power to award interim payments to a claimant in a claim under the Inheritance (Provision for Family and Dependants) Act 1975. There is […]

ET v JP & Ors [2018] EWHC 685 (Ch) is a short but an important decision which deals with the question of the boundaries between the Court of Protection and the High Court when considering the variation of a trust on behalf of a minor who will never possess mental capacity. The case concerned an application […]

The following is something of a pick and mix selection of contentious probate disputes of interest that were decided last year.  James v James [2018] EWHC 43 (Ch) The claimant in James v James, in addition to bringing a proprietary estoppel claim, challenged the last will of his father, Charles, on the grounds of lack of […]

Taking a slightly longer view than the last 12 months, there have been a number of interesting 1975 Act decisions since the Supreme Court’s decision in Ilott v Mitson [2017] UKSC 17. Whilst each case turns on its own facts, it is interesting to compare the decisions in Ball v Ball and in Nahajec v Fowle, both featuring […]

It’s been a bumper year for proprietary estoppel cases. Here is a round up of some of decisions that caught my attention. James v James [2018] EWHC 43 (Ch) The claimant, Sam, in James v James was the son of the deceased, Charles James. The subject matter of the proprietary estoppel claim was the deceased’s farm in Dorset. […]

There are very few reported decisions on the approach to be taken to claims under the Inheritance (Provision for Family and Dependants) Act 1975 by minor children – most likely for a couple of reasons, it is unusual for people to fail to make provision for minor children and, where someone does fail to make […]

Charles Hollander QC sitting as a Deputy High Court Judge has recently given judgment in Gupta v Gupta [2018] EWHC 1353 (Ch), a case in which the validity of the deceased’s last Will was challenged solely on the basis that she lacked knowledge and approval of the contents. Whilst it doesn’t break any new ground on […]

This is Part 2 of an occasional series on tricky probate problems and how to solve them. In Part 1, I looked at the issue of limited grants. In this post I will look at the options that are available where a caveat has been entered, warned, and an appearance entered. Usually, in these circumstances, […]