Archives: Wills, probate and administration

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Administration – jurisdiction

December 2021/January 2022 | Wills, probate and administration

On his death, D was domiciled in Russia and left a will stating that it only had effect in relation to his UK assets. However, he was entitled to assets in Jersey when he died. No will specifically dealing with the Jersey assets has ever been found. However, a few weeks before his death, D …

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Dependency claims – stepson

December 2021/January 2022 | Wills, probate and administration

A claim by a dependent (S) who, though not D’s son had been treated as a child of the family, has been awarded a £55,000 lump sum under the I(PFDA)A. D had been his stepfather since the age of 9 but his mother had left D when he was 15. However, S and his sister …

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Procedure – removal of executors

December 2021/January 2022 | Wills, probate and administration

The court refused to order the removal of executors named in D’s will in an estate administration that was almost complete. D died in October 2018 leaving a will appointing his ex-wife and the two defendants (her son and her brother) as executors and trustees. A fourth executor predeceased D. In practice, probate had only …

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Procedure – presumption of death

December 2021/January 2022 | Wills, probate and administration

In this case, a declaration under the Presumption of Death Act 2013 was made in respect of the applicant, the deceased’s (D) son – notwithstanding the lack of evidence that he was dead. D disappeared in 2011 while travelling around South America with a friend. When in Peru, all communications from D suddenly stopped and …

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Inheritance claims – legal costs

November 2021 | Wills, probate and administration

A successful claim under the I(PFD)A can include an element towards a CFA success fee. This is an important ruling for claimants and their lawyers as it confirms the court’s power to include a sum within an award for maintenance-based provision towards a success fee. Here, the claimant brought a claim against her father’s estate …

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Probate – joint tenancy

November 2021 | Wills, probate and administration

D died leaving his estate to his wife (W) but a dispute arose in relation to the family home which was jointly owned by D and his brother Arif. However, it had been owned by D’s mother until her death in 2009 and it was unclear whether the brothers owned the property as beneficial joint …

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Costs – discontinuance of claim

November 2021 | Wills, probate and administration

In this case, a will was challenged on the basis of absence of due execution, want of knowledge and approval, and undue influence. The estate was valued at between £3m and £4m. During the course of the trial, the defendants dropped their claim and a consent order was agreed. A hearing on the issue of …

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Deputyship – discharge and replacement

November 2021 | Wills, probate and administration

Practitioners are sometimes called upon to advise clients in circumstances where a deputy should be discharged. In a recent case, the CoP ruled on whether a property and affairs deputy for a child should be discharged. It was against the backdrop of significant tensions between P’s father and other family members and various successive deputies. …

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