Son look’s to overturn first instance decision as family battle continues
A son looking to have his mother’s two wills reinstated had his case heard by the High Court last week. John Clitheroe, is looking to appeal the first instance decision that overturned his mother Jean Clitheroe’s two wills, instructed Irwin Mitchell to help him after the judgment was in favour of Susan Bond, John’s sister. […]
Why locating the Will of P is imperative when acting as a Professional Deputy
The National Will Register plays a crucial role in the work of those involved in applying for Statutory Wills, or when expediting their Property and Affairs and Health and Welfare Deputy or Attorney responsibilities with the upmost due diligence. Locating a Will for a Protected Party ((P), someone who has lost capacity) can assist in […]
Howes v Howes: The importance of record-keeping by executors
Stephanie Kerr, Associate in the Litigation Team at Brabners has shared her views on the Howes v Howes case and the importance of record-keeping by executors. In the recent case of Howes v Howes, the High Court highlighted the importance of records being kept by executors of their dealings with estate assets. The court confirmed that an […]
Drafting error lost sons’ claim on their family farm
The England and Wales High Court (EWHC) has agreed that a son was disinherited after his late father’s Will was deemed invalid. The Court agreed with Timothy Mundil-Williams that his father John Williams lacked knowledge and approval of his 2014 Will despite being drafted by solicitors who properly executed his instructions. During the proceedings it […]
Personal Representatives – Protection and Relief from Liability
Personal representatives are exposed to liability in several situations. In this short article I will describe how personal representatives can protect themselves from liability. Claims of unknown beneficiaries/creditors A personal representative can face a claim from an unknown beneficiary or creditor after the distribution of an estate. To protect themselves personal representatives should always consider […]
Breadth of issues highlighted in contentious probate cases
Stephanie Kerr, an associate solicitor at Brabners highlights and discusses various contentious probate cases which have increased over the 12 months due to the pandemic. The Courts, like contentious probate solicitors, were certainly kept busy in 2020 and the following cases show the breadth of issues which the Courts deal with in relation to wills, […]
£1m payout in professional negligence case
Christopher Hugh Gosden and Jane Shirley Kaye have successfully won a High Court appeal against former Manchester law firm Halliwell Landau being awarded £985,300 in damages. The firm failed to register a restriction against a house at the Land Registry, and His Honour Judge Pelling QC granted the appeal due to professional negligence. HHJ Pelling […]
‘DIY Will’ rejected in £300k case
A DIY Will has resulted in a family being pulled further apart as one sibling has pocketed her late father’s £300,000 fortune. Terri Tibbles was close to her father William Tibbles and expected to inherit all of his estate upon his passing in February 2018. William attached a letter of wishes to his Will he […]
Woman wins executor dispute over £4.9m international estate
A brother was ordered by court to pay back £1.7m to his sister after a “rare” executor dispute was refused permission to appeal by the courts. The law firm representing the sister, Kirsty Cadogan, secured her inheritance, after fighting the case since 2011. Her brother, Kevin Cadogan and Kirsty Cadogan were both executors of their […]
Suspended sentence for benefit cheat
Wendy Brown, 65 has been handed a suspended prison sentence after she continued claiming benefits illegally, after failing to declare a change in her circumstances when she inherited a large sum of money. The deception began in May 2015 and continued until 2019, in which time Brown claimed over £13,600 in benefits. The case was […]
Protect yourself, your firm and client by conducting a Certainty Will Search
Conducting a Certainty Will Search ensures that you have done everything you could to locate the last valid Will of the deceased. It is important to not take the risk by continuing to distribute an estate on the assumption that you are in possession of the last Will and to safeguard this by advising that […]
Children cut out of father’s Will
A woman cut her step-children out of their late father’s Will, going against his wishes that they all inherit equally both his wealth and that of their late grandmother, a sum of £300,000. Lulu Jones, was Roger Jones’ second wife. Roger had four children from a previous marriage and Lulu had two children. All of […]
Will Maradona’s legacy be contested as no Will reported?
Diego Maradona wasn’t far from controversy on the football pitch, and now it appears his legacy could become another hot topic of discussion. The football icon passed away last week, aged 60. However, there have been reports that Maradona didn’t make a Will, the complexities of Argentinian Probate law and the question over whose children […]
Court agrees inheritance can be protected against mean-testing
An application to protect a beneficiaries inheritance from mean-testing as part of her benefit stipulations has been agreed by the England and Wales Court of Protection (EWCOP) (Re: LMS, 2020 EWCOP 52). The 21-year-old lady – who won’t receive the inheritance until she is 25 – lives with a learning disability in a residential care […]
Technology protects the vulnerable in court cases
New technology has now been implemented in every Crown Court in England and Wales to reduce the trauma vulnerable victims and witnesses experience as a result of going to court. The technology enables children or those who live with a debilitating condition to have their cross-examination video-recorded and played during the trial. This recording is […]
Solicitor struck off maintained Wills were ‘ostensibly valid’
A former owner of a South-East law firm has been struck off the roll after acting dishonestly by providing 33 false and misleading Will documents. The law firm employer had asked staff repeatedly to falsely testify they had witnessed Wills being signed when in fact they had never been in the room at the time. […]
The adult child’s “wish list”: what will the court consider?
The Inheritance (Provision for Family & Dependants) Act 1975 allows children of the deceased to make an application to court for reasonable financial provision, if the Will of their parent fails to do so. What matters will the court consider when making an order? In the recent case of Re H (Deceased) 2020, the Honourable […]
Certainty Will Search prevents incorrect intestacy
A Certainty Will Search can change how an estate is distributed by locating a Will that has been forgotten about, lost or was previously unknown. The below case study demonstrates how a Certainty Will Search can prevent incorrect estate distribution. Probate & Estate Administration Ltd. were working on a case where the deceased was believed […]
What’s a death bed gift and are they valid?
The usual procedure for making a will is set out in the Wills Act 1937 which requires that in order for a will to be valid it must be: In writing and either signed by the testator, or by another person in their presence and by their direction; and Signed (or the signature acknowledged by […]
Britney Spears Legal Battle To Remove Father As Sole Conservator
There has been lots of publicity and a social media movement in a bid to help Britney Spears appoint someone other than her father Jamie in the position of her Conservatorship, as she attempts to gain control over her life. Conservatorship is when a guardian or protector is appointed by a court to manage the […]
