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…
Court settles siblings’ dispute over their mother’s will
June 17th 2021The 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…
Court outlines the meaning of ‘deathbed gifts’ in inheritance cases
June 17th 2021The High Court has provided some useful guidelines on what is required for a person’s statements to be legally classed as ‘deathbed gifts’ in inheritance cases. David Tew, Associate Solicitor provides an update The court was asked to determine the proper distribution of the estate of a married couple. The wife died in January 2019 of cancer and the husband died of a heart attack shortly after in May 2019.…
