Kaur v Estate of Karnail Singh – making an inheritance act claim

Laura Abbott, Principal Associate at Rothley Law, looks at the recent case Kaur v Estate of Karnail Singh & Ors [2023] EWHC 304 (Fam) and making a claim using the Inheritance (Provision for Family and Dependants) Act 1975. Kaur v Estate of Karnail Singh In the case of Kaur v Estate of Karnail Singh & Ors [2023] EWHC 304 (Fam) …

What are the time limits for will validity claims, risks in delaying and what is laches?

Time limits If a person is concerned that will may be invalid, there is no formal time limit within which a claim may be brought.  (For more information about ground to challenge see link https://www.thegazette.co.uk/wills-and-probate/content/100023 ) This is unlike a claim for reasonable financial provision from an estate pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (‘1975 …

Case law updates – undue influence and wills

In the last 12 months we have seen two significant decisions in the context of will validity challenges on the basis of undue influence.  Laura Abbott (Principal Associate) and Hannah Donnelly (Paralegal) at Rothley Law, examine the cases and implications.  In the context of will making, ‘undue influence’ means coercion, where someone is pressured into making a will in terms they …

Case law updates – testamentary capacity and wills

In the last 12 months we have seen a spate of cases challenging the validity of wills on the basis of a lack of testamentary capacity.  Laura Abbott (Principal Associate) and Phoebe Zair (Paralegal) at Rothley Law, examine two of the more significant decisions and implications.  The test as to whether a person has the requisite capacity to make a …