Dementia is sadly more common than ever among older clients and it’s increasingly necessary to understand how the law applies in such cases. A recent ruling illustrates the risks of not acting on clear signs of cognitive decline. The principle of testamentary capacity requires the will-maker to understand what it means to make a will …
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This was an unusual and tragic case in which a will written on cardboard food packaging was declared a valid will. T wrote it before taking his own life in May 2021, leaving five surviving sisters. T’s assets were modest and include a three-bedroom house, bank accounts, cash, jewellery and a large pottery collection. A …
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Practitioners advising on deputyships are reminded that all their applications must now be made online, or risk financial penalties. The requirement came into effect on 4 December 2024 and practitioners should by now have received a notification from HMCTS informing that applications are to be submitted via the gov.uk digital portal. Court of Protection Practice …
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By tearing up a will or otherwise destroying it intentionally, a testator can revoke their will (s20 WA 1837). A recent case concerned whether T had sufficient mental capacity to make a deathbed revocation of her will by tearing it three quarters of the way through. Her solicitor helped her tear through the rest of …
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This case involved a family, two farms and promises made to one of the sons that he would inherit a farm. His parents (both now deceased) bought both farms during their marriage and owned them in equal shares. After agricultural college, RA worked with his parents in their farming business, overseeing operations at one of …
Continue reading “Proprietary estoppel – new will unconscionable”