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 […]
12
Jul
Jul
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 […]
16
May
May
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, […]
22
Apr
Apr
One of the joys, in my view, of a Chancery practice, is dusting off principles of ancient standing and applying them to solve modern problems. This case concerns defectively executed deeds that purported to exercise powers of appointment contained within three settlements. The High Court in English & Ors v Keats & Ors [2018] EWHC […]
11
Apr
Apr
This is the first in a series of short posts looking at tricky problems that can arise in probate disputes. In this post, I will take a look at a common problem – what to do where a caveat has been lodged in order to prevent a grant of probate being taken, but there is […]
06
Apr
Apr
HHJ Jarman QC sitting in the High Court has given judgment on a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (“IPFDA”) on a claim brought by the deceased’s cohabitee: Thompson v Ragget & Ors [2018] EWHC 688 (Ch) The decision is of particular interest as HHJ Jarman considered […]
21
Mar
Mar
HHJ Paul Matthews is knocking out the judgments at the moment and we have another recent decision from him, sitting as a High Court Judge in the Bristol District Registry, dealing with a claim to establish a constructive trust, or alternatively proprietary estoppel, this time in a domestic context. HHJ Matthews used to sit as […]
12
Mar
Mar
We have another notable proprietary estoppel case, concerning the ubiquitous farm, but in this instance featuring an actual fight in the milking parlour: the bucolically named Habberfield v Habberfield [2018] EWHC 317 (Ch).The decision of Birss J is of particular interest for his approach to the issue of the relief to be granted in satisfying the equity […]
06
Mar
Mar
HHJ Matthews costs ruling following the trial of the proprietary estoppel and probate claim in James v James & Ors [2018] EWHC 242 (Ch) (see my post on the substantive issues here) has been published and provides a helpful reminder of the contentious probate costs rules and the consequences of failing to follow the prescribed […]
28
Feb
Feb
Photo credit: Composite – Reuters/Corbis/Getty The subject of posthumous DNA testing received international attention last year in the case of Salvador Dalí and we have had two decisions this month on the issue from the courts of England and Wales: Anderson v Spencer [2018] EWCA Civ 100, in which the Court of Appeal upheld the High Court’s […]