Wills, Probate and Inheritance

A man’s second wife has failed to prevent his son inheriting the family home after he died. Stephanie Johnson Senior Associate Solicitor reports on this recent case. The husband had married his first wife in 1988 and their son was born shortly afterwards. He worked overseas during the early 2000s, where he formed a relationship with a second woman who lived in the Philippines. He separated from his wife and the…

The government is to allow vulnerable people to continue to be able to have their wills witnessed via video-link until 2024. Ingrid Fraser, solicitor in our Wills, Probate & Inheritance team, provides an update. The move extends measures brought in because of the pandemic. It’s designed to help people who are forced to isolate either with Covid or from another vulnerability. Ministers hope it will reassure all those who need…

January is the time for making resolutions to give ourselves a fresh start for the New Year. Jane Oakley a member of our Wills, Probate & Inheritance team reports. It’s good to take stock and decide to eat less or exercise more but there’s so much more we could be doing to improve our lives and protect ourselves for the future. Here are three New Year Resolutions relating to the law…

An increase in family disputes and contested Will cases is extremely likely as more people turn to using online and homemade will writing services, a leading disputes solicitor has predicted. David Tew, a Will Disputes solicitor with Cartmell Shepherd Solicitors, is raising awareness of the potential pitfalls of using unregulated and uninsured will writers advertising their product at a cheap rate on the internet after more families reported receiving inadequate…

The increasing use of unregulated online will writing services could lead to a surge in family disputes over a loved one’s estate, researchers have warned. Deborah Flynn Director & Head of Wills, Probate & Inheritance provides an update. Online services have become more popular over the last few years, particularly during the Covid lockdown periods. The consultancy firm, Funeral Solution Expert (FSE), analysed 26 online will writers. It found several…

The Law Society has told the government that a rise in probate fees should be matched by improvements to the service. Ingrid Fraser Solicitor in our Wills, Probate and Inheritance team provides an update. The current fees are £155 for professional users and £215 for non-professional users. These would change to one single probate fee of £273 for all applications under proposals put forward by the Ministry of Justice (MoJ).…

Probate lawyers are urging the government to introduce reforms to make it easier for families to access the ‘digital assets’ of deceased relatives. Kendra Winter Associate Solicitor provides an update. A new report carried out by STEP – the professional body for inheritance planning advisers – highlights the extent of the distress caused by being cut off from digital assets when family members die or become incapacitated. The research was carried out…

A man has been removed as an executor of his mother’s Will after his brother complained that he was obstructing the administration of the estate. Megan Wilkinson, Associate Solicitor, reports on this recent case. The case involved three brothers; two of them were executors of her will. Following several years of disagreement, one of the brothers raised a petition seeking the removal of the other as an executor. The petitioner…

The announcement of the Government’s plan for reforming social care is a big political news story.  But the costs of paying for care – and getting the care you or your loved one needs – is a very human story which affects increasing numbers of us. Stephanie Johnson Senior Associate Solicitor and Head of our Health and Social Care Team provides an update … The plan reintroduces the 2011 proposal…

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…