Wills, Probate and Inheritance

Court interprets woman’s will to enable all her children to inherit

September 7th 2021
 

The 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…

Lasting Powers of Attorney to be made safer and simpler

August 5th 2021
 

The process of managing a loved one’s affairs using a Lasting Power of Attorney (LPA) is to be made simpler and safer. Jane Oakley a member of our Wills, Probate & Inheritance team provides an update. An LPA is a legal document that allows people to appoint someone else (an attorney) to make decisions about their welfare, money or property. They are often used by older people to choose someone…

Jane

Court outlines tests for delusional mindset when making a Will

July 21st 2021
 

The 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 14th 2021
 

Two 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…

Children entitled to a share of father’s estate despite estrangement

June 16th 2021
 

Two teenage brothers have been granted a share of their father’s estate even though they were estranged from him and had been excluded from his will. Rebecca Armstrong Associate Solicitor reports on this recent case. The two boys, referred to only as J and H in court, who were aged 16 and 15 respectively at the date of their father’s death in 2018. Their parents had divorced in 2012. The…

Estate

Court outlines the meaning of ‘deathbed gifts’ in inheritance cases

June 1st 2021
 

The 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. 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. The couple had each executed a will…

deathbed gifts

Court settles siblings’ dispute over their mother’s will

May 28th 2021
 

The 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…

Inheritance tax ‘too complex and needs to be simplified’

April 6th 2021
 

The Treasury has agreed to make changes to the administration of Inheritance Tax following complaints from the public that it is too complex, old fashioned and needs to be simplified. Sarah Heal Private Client Executive provides an update. The announcement comes after more than 3,500 people responded to a public consultation carried out by the Office of Tax Simplification (OTS) on behalf of the government. Many of those who responded…

New recruits join legal firm

March 23rd 2021
 

A LEADING legal firm has recruited two new staff members to its growing team. Holly Berwick and Sarah Heal have joined Cartmell Shepherd Solicitors as part of its continued expansion. Holly is a solicitor with the Agriculture team, based at the firm’s office in Cockermouth. Sarah is a private client executive with its Wills, Probate and Inheritance team based at the Rosehill office in Carlisle. Holly Berwick, has returned to…

People making a will urged to include a Lasting Power of Attorney

March 1st 2021
 

People making or renewing their will are being urged to consider arranging a Lasting Power of Attorney (LPA) at the same time to protect their interests into the future. Megan Wilkinson Solicitor in our Wills, Probate & Inheritance team provides an update. It follows research carried out by the Law Society, which showed there had been an increase in the number of people drawing up a new will during the…

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