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Outdated Intestacy Rules: Why a Will matters more than ever for cohabiting couples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 […]
Understanding no-contest clauses in light of the Inheritance Act 1975
In the realm of estate planning, one often encounters the delicate balance between a testator’s intentions and the rights of potential beneficiaries, especially given the existence of the Inheritance (Provision for Family and Dependants) Act 1975 (Inheritance Act).
Unravelling Undue Influence: Lessons from Rea v Rea
Undue influence in a Will occurs when somebody has been coerced into making a decision that they otherwise would not have made.