Court settles brothers’ dispute over administering mother’s Will

September 27th 2021

A man has been removed as an executor of his mother’s Will after his brother complained that he was obstructing the administration of the estate. Megan Wilkinson, Associate Solicitor, reports on this recent case. The case involved three brothers; two of them were executors of her will. Following several years of disagreement, one of the brothers raised a petition seeking the removal of the other as an executor. The petitioner…

Court interprets woman’s will to enable all her children to inherit

September 7th 2021

The High Court has reconciled contradictory instructions relating to a deceased woman’s estate so that all three of her children can receive an equal inheritance. Rebecca Armstrong Associate Solicitor reports on this case. The court made the ruling after the trustees of a settlement applied for an interpretation of the woman’s will. Under the deed of settlement, the woman had a special power of appointment in respect of property in a…

Court outlines tests for delusional mindset when making a Will

August 2nd 2021

The High Court has outlined some tests for mental capacity and whether a person may have had delusional beliefs when making a Will. Peter Stafford Managing Director reports on this recent case. The issue arose following a family dispute involving a brother and sister. Their parents had divorced in 1980 when their mother discovered letters written by her husband which revealed that he had sexually abused his daughter, the sister in…

Adult brothers not entitled to further money under father’s will

July 29th 2021

Two adult brothers have failed in their attempt to be given a share of their deceased father’s estate after being left out of his will. Rebecca Armstrong Associate Solicitor reports on this recent case. The High Court ruled that it was clear that the father had made provision for them while he was alive and did not want them to receive anything further. The brothers were aged 40 and 39. Their…

Court clarifies confusion in man’s Will over gifts to charities

July 8th 2021

The High Court has clarified how shares in a man’s estate should be distributed when charities specified in his Will no longer existed. Peter Stafford Managing Director reports on this recent case. The Will gave several legacies before leaving the residue of the deceased’s estate to ‘the British Racing Drivers Club Benevolent Fund’ and ‘the Cancer Research Fund’. However, there was no institution or charity with either of those names so…

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