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Contentious Probate update: recoverability of success fees

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Contentious Probate update: recoverability of success fees – what’s happened? The Court of Appeal has confirmed in the recent case of Hirachand v Hirachand [2021] EWCA Civ 1498 that a person bringing a claim under the Inheritance (Provision...

How to respond to Larke v Nugus requests

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Private client practitioners prepare potentially thousands of Wills in their career. However, it can be unnerving to receive a letter from another firm requesting information in connection with specific Wills made in accordance with the case of Larke v...

Maintenance under the Inheritance (Provision for Family and Dependants) Act 1975 - could COVID-19 increase claims?

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Anyone looking to claim under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) must fall under a category of applicant to be able to request “reasonable financial provision”. Most of the categories of...

Caveats - a practical guide

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One of the first pieces of advice we tend to provide when we have an initial enquiry either contesting the validity of a Will, looking to claim under the Inheritance (Provision for Family and Dependants) Act 1975 or have concerns over an executor is to enter...

How far is too far? Intermeddling in an estate

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It can be difficult to deal with family members who tend to take control when a loved-one dies. Alternatively, you may wish to remove the burden from a family member who you believe could not administer the deceased’s estate. However, any person...

When there's no Will, there's a way

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It is a requirement when making a Will that a person must have sufficient mental capacity – for example knowing the estimated size of their estate and who will benefit from their estate. However, what happens in the event that a person no longer has...

Wills and video-witnessing - How to protect you and your client

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The Ministry of Justice has recently issued a press release confirming that Wills and codicils can be witnessed via video-link. It is considered as a major breakthrough by the industry, but practitioners must be extremely careful when they look to execute a...

Executors beware - continuing duties after COVID-19

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COVID-19 associated deaths have recently passed 41,000, while the weekly number of deaths for 2020 has been above a five year average since mid-March. As the number of deaths hopefully decline further, the focus will turn to the estates of those who fell...