Wills, Probate and Inheritance

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. 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.…

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…

Woman written out of father’s Will wins right to inherit his estate

January 28th 2021
 

A woman has won the right to inherit her father’s estate after a “DIY Will” supposedly signed on his deathbed was ruled invalid. Rebecca Armstrong Solicitor in our specialist Will Claims team reports on this recent case. Terri Tibbles had been the sole beneficiary of a Will her father William wrote a year before he died. In a letter of wishes attached to that Will, Mr Tibbles said that Terri’s…

Estate

Government issues advice on Lasting Powers of Attorney

November 30th 2020
 

The government has provided brief but useful advice on Lasting Powers of Attorney (LPA) and how they can be used to help people who are no longer able to make decisions for themselves. Michelle Hayes, Solicitor, provides an update. An LPA is a legal document that you can draw up when you’re fit and healthy authorising someone you choose to make decisions on your behalf if you are no longer…

Siblings overturn their mother’s Will after family dispute

November 19th 2020
 

Rebecca Armstrong Solicitor in our will claims team reports on this recent case. Four siblings have succeeded in overturning their mother’s Will after the court agreed that she had not fully understood its consequences when she signed it. The case pitted the mother’s first four children against her youngest child, the defendant. In 2004, the mother and her husband had executed mirror Wills, which meant that if the husband died…

Estate

Vulnerable woman’s Will upheld despite daughter’s challenge

October 26th 2020
 

The High Court has upheld a vulnerable woman’s Will and rejected a claim by her daughter that she had been subjected to undue influence. By Rebecca Armstrong Solicitor The case involved two sisters, Teresa Ann Coles and Heather Christine Reynolds. In 2002, their mother made a Will leaving her estate to be divided equally between them. However, the relationship between the two sisters deteriorated in 2009. In 2012, the mother…

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