Executor sentenced to prison – a stern reminder about personal representatives’ duties
Being entrusted with distributing an estate and attending to the last wishes of a loved one can be daunting and knowing how to proceed can also be a minefield. If you are a personal representative who needs some assistance with a dispute which has arisen, or you have concerns about a personal representative administering an estate, we are here to help.
Is the Will Valid: What is a Larke v Nugus letter?
If you are going to dispute a Will, or defend an allegation of a Will being invalid, you need information about the circumstances around the preparation of the Will, or Wills, in question so that you can decide the basis for your challenge or defence of the Will.
Banks v Goodfellow: The common law test for testamentary capacity remains
A frequent means of challenging the validity of a Will is to claim that the person who gave instructions for the Will, known as “the testator”, did not have the required level of mental capacity, known as “testamentary capacity”.