Private Client

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.

More than a third of consumers believe that video witnessing of wills is “a good alternative” to being there in person, according to a major study, while a majority are happy to have an online consultation.

The managing director of a law firm who ordered legal secretaries and a trainee solicitor to retrospectively “witness” wills which had already been signed by clients has been struck off.

The vast majority of solicitors want to retain the rule that donors must physically sign lasting powers of attorney (LPAs) rather than move to electronic signatures, a survey has found.

Google searches for DIY wills surged by more than 15 times in the week leading up to the second national lockdown, while probate specialists have blamed institutions for delays in the process.

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.

There was no need for a more expensive City lawyer to be appointed a professional executor in preference to one from the Home Counties in a straightforward probate, the High Court has ruled.

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.

It was “fundamentally wrong” for Legal Services Board rules to force the Association of Chartered Certified Accountants to withdraw from legal services, another accountancy body has argued.

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?