The Law Society and the Ministry of Justice are understood to be continuing to discuss possible solutions to the difficulties of making wills during the coronavirus pandemic. Although lockdown measures are starting to loosen, concerns about the risks posed by face to face meetings and home visits are likely to persist for some time and […]
27
Mar
Mar
We are living in extraordinary times right now. In the grip of a global pandemic, many people are concerned to ensure that their affairs are in order and that they have made a Will. However, social distancing measures and the need to shield the vulnerable from infection present particular challenges in terms of the formal […]
10
Mar
Mar
This article was first published in the Practical Law UK Property Litigation Column. According to the statistics held by HM Land Registry, some 15% of land in England and Wales is unregistered. In particular, much of the land owned by the Crown, the aristocracy and the Church has not been registered, because there has been no change in […]
21
Nov
Nov
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 […]
09
Jul
Jul
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 […]
10
Jun
Jun
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. The judgment […]
17
Feb
Feb
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 […]
14
Feb
Feb
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 […]
07
Jan
Jan
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 […]
04
Jan
Jan
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. […]