Understanding Will Rectification
When can a Will be rectified? A Will can be rectified when there are errors, ambiguities or omissions that fail to accurately represent the testator’s intentions. These errors could be due to various reasons, such as drafting mistakes, misunderstanding of legal terms or changes in circumstances that were not properly accounted for at the time […]
Hirachand v Hirachand: What can we expect from the Supreme Court?
On 18 December 2024, the Supreme Court is expected to hand down its decision in the case of Hirachand v Hirachand [2021] EWCA Civ 1498.
Shielding Trustees: Understanding Beddoe Orders and Their Importance in Trust Litigation
In this article, Rebecca Westwood looks at the purpose and process for Beddoe order applications, in relation to contentious trust disputes.
Parker v Felgate – is it being underused?
The rules of testamentary capacity, in the context of executing a Will, that are set out in Banks v Goodfellow (1869-70) LR 5 QB 549 are often discussed, as they form the basis of the working day for many private client and Will, trust and estate disputes solicitors. But what is less discussed are the […]
Outdated Intestacy Rules: Why a Will matters more than ever for cohabiting couples
A century of change As we approach the centenary of the Administration of Estates Act 1925, it’s clear that the law has not kept pace with the evolving family dynamics in England and Wales. The “Intestacy Rules” established by this Act were designed for a time when the nuclear family — consisting of a married […]
Navigating contentious probate disputes: The benefits of mediation
While I have no doubt that every dispute resolution solicitor would proclaim their area to be the most “important” or “stressful” for their clients, there is something unique about Will, trust and estate disputes that, in my opinion, sets them apart. It might involve a client who feels that they have been cheated by a […]