Rebecca Armstrong

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…

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 settles siblings’ dispute over their mother’s will

June 17th 2021
 

The High Court has refused to allow a man to remortgage his deceased mother’s house after her three other children disputed the validity of a purported will and where there was reason to believe that she had been subjected to undue influence. Rebecca Armstrong Associate Solicitor reports on this recent case. The property was a five-bedroom house in south London in which the mother had lived since her divorce in…

Children entitled to a share of father’s estate despite estrangement

June 17th 2021
 

Two teenage brothers have been granted a share of their father’s estate even though they were estranged from him and had been excluded from his will. Rebecca Armstrong Associate Solicitor reports on this recent case. The two boys, referred to only as J and H in court, who were aged 16 and 15 respectively at the date of their father’s death in 2018. Their parents had divorced in 2012. The mother…

Can someone with Dementia make a valid will?

May 21st 2021
 

The simple answer: Potentially. Rebecca Armstrong explains below … It is often assumed that an individual with Dementia can’t make a valid will and it is therefore one of the most common grounds for challenging the validity of a will. That is not right though. The mere existence of such a diagnosis does not mean that the person lacked the necessary mental capacity. The issue with dementia is that a…

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