A rise in will disputes predicted as demand surges for unregulated online wills
December 14th 2021An increase in family disputes and contested Will cases is extremely likely as more people turn to using online and homemade will writing services, a leading disputes solicitor has predicted. David Tew, a Will Disputes solicitor with Cartmell Shepherd Solicitors, is raising awareness of the potential pitfalls of using unregulated and uninsured will writers advertising their product at a cheap rate on the internet after more families reported receiving inadequate…
Court interprets woman’s will to enable all her children to inherit
September 7th 2021The 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 2021The 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 2021Two 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 2021The 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…
