A recent Court of Appeal ruling could hinder an individual’s right to leave money to who they wish in their will.
The person who makes a will is known as a ‘testator’. It is possible to challenge the validity of a testator’s will upon the following grounds:
- The will was not drafted or executed correctly.
- The will was lost, destroyed or revoked.
- The testator did not have sufficient mental capacity to make the will.
- The testator did not have knowledge of or approve the contents of the will.
- The testator was forced into making the will.
- Fraud or forgery is believed to be involved.
If you have good reason to believe any of the above issues relate to a testator, talk to us about the next steps.
We are always happy to talk on an initial no obligation and informal basis so please call Lynsey Harrison on 0113 336 3388 or send her an email.
The comedian Rik Mayall recently died without having a Will in place and his family are now reported to be facing a significant inheritance tax liability of up to £60,000 on his estate.
The daughter of parent farmers with a sizeable estate has been awarded £1.3 million by Cardiff's High Court in the case of Davies v Davies, 2014 EWCA Civ 568. Miss Eirian Davies made a proprietary estoppel claim on her parents' farm.
In the recent case of King v Dubrey & Others  the High Court has held that a donation mortis causa (“a DMC”), also known as a deathbed gift, was not revoked by the donor’s later attempt to make a Will dealing with the same property.
The Inheritance and Trustees’ Powers Act 2014 (“the ITPA 2014”) received Royal Assent on 24 May 2014 and will come into force on 1 October 2014.
In the recent case, Marley v Rawlings and another  UKSC 2, the Supreme Court decided that a mirror will signed by the wrong spouse could be rectified.
This blog summarises the Court of Protection’s ability to execute a will on behalf of a person who lacks sufficient capacity to make a will for themselves (referred to as a statutory will).
Clarion's Disputed Wills and Trusts team obtained a successful outcome on behalf of four clients in a recent contested statutory will case.
Contentious probate and trust cases are always in the news and the more sensational cases are increasingly finding themselves in the mainstream news especially when they are salacious. Here is a summary of some recent Contentious Probate and Trust cases…
Lynsey Harrison, head of Clarion’s disputed wills and trusts team, has been named as the Contentious Solicitor of the Year 2015 by the Association of Contentious Trust and Probate Solicitors (ACTAPS).
Another solicitor from Clarion’s private client team has achieved a highly sought-after and internationally-recognised qualification in the specialist area of Trust Disputes.
Lynsey Harrison, head of Clarion’s disputed wills and trusts team, is the only lawyer across the whole of the North of England to have been shortlisted for a prestigious national award.
Lynsey Harrison, head of our Disputed Wills and Trust team, has become one of just a handful of experienced lawyers in Yorkshire to be certified as a registered member of the national Association of Contentious Trusts and Probate Specialists (ACTAPS).
Louise Dodds has joined our dedicated contentious probate team as an associate.
Lynsey Harrison, a senior litigation solicitor with extensive experience of dealing with disputed wills and trusts, has moved to the firm’s private client practice as a dedicated contentious probate lawyer.
New qualifications for private client team members