In the recent case of Coulson v Paul the court considered whether Emma Coulson could inherit from the estate of her biological grandfather, Allan Paul, despite having been adopted. Allan Paul died in 2021, leaving a Will that dated back to 2012. Allan had...
Testamentary capacity is the ability of someone (a “testator”) to give instructions for, and then execute, a Will. The test for testamentary capacity is determined by the court, and follows principles laid down in case law. This is different from...
“Testamentary freedom” is a fundamental principle of English and Welsh Law. This means that the starting point is that a testator (someone making a will) can leave their estate to whoever they wish; they are not under any obligation to leave a...
The Daily Mail recently published an anonymous article titled “ I got Mum to change her Will so I’ll get more than my sisters without them knowing – because they barely lift a finger to help her ”. The anonymous author states...
When administering an estate, it is common for executors (or administrators when dealing in estates with no Wills) to have questions about the administration of the estate. These questions can arise through disagreements between the executors themselves, or...
A Will should be drafted so that it is clear and carries out the intentions of the testator (the person making the Will). However, sometimes errors, misunderstandings or poor drafting can mean that a Will fails to carry out the testator’s intentions or...
A deathbed gift, or a “ donationes mortis causa ”, is a gift made in contemplation of death. This type of gift may be a source of dispute, as it allows someone to give away their assets shortly before death, but without needing to comply with the...
You may have seen in the news recently that TV Personality Anne Robinson has claimed she gifted her assets to avoid payment of Inheritance Tax. But does this form of estate planning strategy actually work? On the face of it, gifting assets can be an...
Some wills include “no-contest” or “forfeiture” clauses designed to deter beneficiaries from disputing the will, or bringing a claim against the estate. A no-contest clause generally provides that if a beneficiary brings a challenge,...
In my blog “ can you challenge an unfair will? ” I explained that a will that seems unfair is not necessarily invalid. Here, I look at the case of Gowing v Ward, another recent case in which a will that might seem to some to...
A will is a private document, but it is common for people to discuss their will with family members, and to seek their opinions and their help. There is nothing wrong with family members giving their opinions about what a person’s will should say, and...
When a loved one dies, it is the responsibility of the executors to sort out their estate – their property, money, and other possessions. How are executors appointed? Executor(s) are generally appointed as part of the will. Often there...
Sometimes disputes can arise between family members about how a loved one should be laid to rest after they have passed away. Perhaps some family members think that the Deceased should be buried, whereas others think that they should be cremated, or perhaps...
When somebody dies without leaving a will they are said to have died ‘intestate’. Rule 22 of the Non-Contentious Probate Rules 1987 sets out an order of priority as to who will be entitled to obtain a grant of Letters of Administration, and to...
In order to make a valid will a person must have “testamentary capacity”. The test for testamentary capacity is explained in our earlier blog “ what is testamentary capacity? ”. With an aging population, and an increase in...
During the pandemic, as a way to allow Wills to be witnessed properly, despite the social distancing restrictions, the law was temporarily changed to allow witnessing to Wills to be completed via a video-link. This came into force in September 2020, and was...
With divorce and remarriage becoming increasingly common, families have started blending together, to become a meld of parents and their new spouses, and children living part time with each parent. It is therefore important to remember that it is never too...
The Law Commission published an update on its “Wills Project” a couple of weeks ago, building on its initial consultation piece back in 2017. The original consultation made a passing reference to predatory marriage. The supplementary paper has...
It is becoming increasingly common for people, usually disgruntled beneficiaries who are not inheriting as much as they had hoped, to challenge the validity of a Will. If you have been appointed as an Executor of an Estate where a Will is being challenged,...
On 5 October 2023, the Law Commission published an update on its wills project in the form of a supplementary consultation to its initial consultation (which was published as far back as 2017), this time with a particular focus on electronic wills. Given...
