People who feel they have not been properly provided for in a relative’s will can ask the courts to step in and grant them a larger share of the deceased person’s estate. However, unless there are exceptional circumstances, they usually have to begin proceedings within a six-month time limit. Failure to so do could mean
A man has successfully challenged his father’s will, which he suspected had been drawn up in suspicious circumstances. The issue arose because when the father died, it emerged that he had made two wills in the two years before his death. The first will was made in 2007 and divided his estate equally between his
Discretionary trusts are a great way to reduce the burden of inheritance tax but they must be drawn up properly to be effective. A recent case before the High Court shows how problems can arise if the trust is not prepared correctly. The case involved a man who made a will in which he
The government is seeking international collaboration to tackle the growing challenge of dementia as people lead increasingly longer lives. Health Secretary Jeremy Hunt says there are currently 670,000 people suffering from various forms of dementia in theUKand this figure is set to double over the next 30 years. Mr Hunt said: “Dementia is far from
Helping Machins’ clients in contentious probate issues it is often the case that a dispute arose as a result of a will which favoured one sibling over another or completely cut one family member out. This is a somewhat delicate and emotional issue and with English law following the basic principle that the Testator has
A woman has won the right to remain in her deceased partner’s home despite a legal challenge from his son. The case involved a couple who were not married but had lived together for 12 years. The man had made a will leaving all his estate to his son. The will didn’t leave anything to
Two brothers have won a legal battle to receive their full inheritance from their mother’s will. The case involved a family dispute between the brothers and their sister. Their mother had made a will leaving substantial sums to all her three children. However, before she died she transferred a large amount of her money to
The Law Society says the Government decision not to regulate will writing puts the public at risk of being exploited by unqualified and unscrupulous practitioners. Many legal services are strictly regulated but will writing is not. The Law Society and the Legal Services Board have long campaigned for stricter controls to protect the public but
The Court of Protection is often called upon to decide whether a person suffering from a debilitating medical condition has the mental capacity to make important decisions. A recent case involved a 37-year-old woman who suffered from bipolar disorder. The woman was a high-achieving information technologist but her condition led to her compulsory detention at
Trusts set up many years ago can sometimes contain provisions which seem out of step with the way people live their lives today. Thankfully, when problems arise, the courts can often help to correct any anomalies. A recent example involved a child who would have been unable to benefit from a trust fund because his