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Woman Fails to Overturn Stepfather's Final Will

A woman who was left just £1 when her stepfather passed away has failed in her challenge to the validity of his final will. The stepfather had formed a close friendship with a woman he had originally hired as a cleaner in 2011. They shared an interest...

Forfeiture Rule Disapplied in Assisted Dying Case

In certain circumstances, a person who has unlawfully killed another is precluded from benefiting as a consequence of their death, a rule known as the forfeiture rule and defined in Section 1(1) of the Forfeiture Act 1982 . However, Section 2 of the Act...

Elderly Man Lacked Capacity to Make Final Will

The High Court recently upheld a claim that an elderly man's final will was invalid on the grounds that he lacked testamentary capacity. The man and his wife had made mirror wills in 1985. After their eldest son sadly died in 2007, they made new mirror...

Half-Brother Entitled to Benefit from Family Trust

The High Court has recently ruled that a man is entitled to benefit under a family trust despite finding that he was not the biological child of the settlor. The trust had been set up by a businessman in 2003 and included as its beneficiaries 'the...

Businessman's Final Will Ruled Invalid

The High Court has ruled that a businessman's final will, which left most of his estate to his two youngest children and largely disinherited his two eldest children, was invalid. The businessman had been diagnosed with a brain tumour in 2010. Before making...

Woman and Ex-Husband Must Repay Funds Missing from Mother's Estate

A woman and her ex-husband who allegedly lost substantial funds belonging to the woman's mother have been ordered by a judge to pay back the missing money. After the mother died in 2019, at the age of 86, the woman's sister brought proceedings in an effort...

Will Made Following 'Predatory' Marriage Set Aside

The will of a man who married his carer less than a year before he died and left everything to her has been set aside after his daughter challenged its validity. The man was 93 years old when he married his carer, who was then aged 54. Following the...

High Court Ruling in Will Forgery Case

An allegation that a will is a forgery can be hard to prove. However, such an allegation was successfully made out in a High Court case concerning an elderly man who died during the COVID-19 pandemic. The man had passed away in February 2021. A firm of...

High Court Rules on Costs of Will Dispute

Those responsible for administering an estate are generally entitled to recover the costs properly incurred in doing so from the estate. Recently, the High Court ruled on whether costs concerning a dispute over a will and an application to remove the...

Waiting Time for Grants of Probate Falls

Following concerns last year about delays in processing probate applications, recent figures from HM Courts and Tribunals Service show that waiting times for grants of probate are continuing to improve. The average time from submission of a probate...
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