There are a number of grounds upon which a person might seek to a challenge the will of a loved one. They include circumstances where the specific formalities required when creating a will are not adhered to, or where the person making the will did not have the necessary mental capacity. It might be that the person making the will did not understand or approve its contents or that they were subject to some form of undue influence by another party. One of the less common grounds potentially available to someone wishing to challenge a will is that of fraudulent calumny.
When the UK began its first national lockdown in March last year, it is fair to say for many law firms continuing professional development (CPD) was not a priority.
It is fair to say that there has, for many years, been a “difference of opinion” between the law governing personal insolvency and matrimonial law with each “side” believing that they are right and should take precedence. The principal, sometimes conflicting, legislation is covered in the Insolvency Act 1986 and the Matrimonial Causes Act 1973. However, the differing courts can and will give wide discretion when determining whether and how a married couple’s assets are to be divided.
While the criminal courts in particular have struggled to cope with the impact of the pandemic, the family system seems to have fared somewhat better.
Personal representatives tasked with dealing with a deceased person’s affairs are often faced with a number of challenges, both legal and practical. Sometimes these challenges can be complex and involve dealing with contested wills.
It’s not uncommon for disagreements to arise between family members and loved ones over funeral arrangements, burial disputes or possession of ashes. So, who has the ultimate say and what can you do? Richard Adams, senior associate in the Contested Wills, Trusts and Estates team at Hugh James who has advised clients in a number of such cases, considers this delicate and sensitive issue.
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A request for a Larke v Nugus statement is often considered a preliminary step when there is an intention to contest a will. But what happened in that case and what effect does it have on cases which involve probate disputes in the modern day?
For legal firms striving to stand out in a digital age, live chat helps to bring them closer to clients and respond to the changing way people shop and procure legal services.
There is no doubt that contentious probate work is growing. We do not like paying more than a couple of hundred pounds for a will, but then are seemingly happy to spend thousands taking our relatives to court, and the two do not sit happily together.
As we look towards the end of 2021 and at how the Bar has adapted to the harsh realities of the pandemic, the question beckons as to what the future holds.
The global coronavirus pandemic, and the rise in people working from home, has unfortunately provoked a growth in cyber-crime. The UK government estimates that the cost of cyber-crime is £27bn per annum.
When does an after-the-event insurance policy provide adequate security for a defendant’s costs? The short answer is that it very much depends on the wording of the particular policy.