Archives: Wills, probate and administration

This category can only be viewed by members.

Wills – negligent drafting

April 2021 | Wills, probate and administration

A will was declared invalid for want of knowledge and approval because of a drafting error that resulted from a series of issues. T lived at his farmhouse until he and his wife divorced in 1980. He continued to live there with his eldest son and his wife until his death. He made a will …

This article is only available to subscribers.

Wills – testamentary capacity

April 2021 | Wills, probate and administration

A fatal brain tumour did not render T without testamentary capacity. T died in July 2017 and a dispute arose in relation to his will executed in May 2017. At issue was whether it was duly executed and, if so, whether T had testamentary capacity and knew and approved its contents when he signed it. …

This article is only available to subscribers.

Court of Protection – Covid-19 vaccinations

April 2021 | Wills, probate and administration

The Court of Protection has started to hear the first cases involving Covid-19 vaccination, no doubt the first of many to come. In the first case to come before the CoP, the son of an elderly care home resident (E) objected to his mother receiving the Covid-19 vaccine. She was suffering from dementia, schizophrenia and …

This article is only available to subscribers.

Estate planning – negligence

April 2021 | Wills, probate and administration

Private client practitioners would do well to learn from a recent case in which a negligently drafted tax planning scheme resulted in litigation. In 2003, the since deceased individual (D) entered into an estate protection scheme with the effect that she could pass on her London home to her son and his wife on her …

This article is only available to subscribers.

Costs – contentious probate

March 2021 | Wills, probate and administration

Costs are a complex and often tricky issue in many cases. In this article, the author considers a recent ruling (she acted for the claimant) that considered issues relating to the costs consequences in a dependency claim under the I(PFD)A 1975. By way of background, an adult child sought reasonable financial provision under her late …

This article is only available to subscribers.