Testamentary Capacity

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 …

Rothley Law attend roundtable discussion in Parliament, with Fabian Hamilton MP, to advise on Power of Attorney law reform

Friday, 19th April 2024 Contact: Andrew Bishop, Lucy Taylor Rothley Law is proud to be one of the legal experts invited to meet with Fabian Hamilton MP in Parliament this week. We are supporting essential reform to prevent abuse of the power of attorney system and safeguard the vulnerable. This builds on our firm’s continuing support over predatory marriage reform. …

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Back-to-back Wins – Rothley Law Secures Two Court Judgments

Monday, 15th April 2024 Contact: Andrew Bishop – 07740173035 Our specialist Disputed Wills and Trusts team acted for two Claimants in separate trials which took place in February this year. Langley v Qin & Shi. In the first trial, we acted for Jill Langley in Langley v Qin & Shi. Mrs Langley was the daughter of Mr Harrington (the Deceased). …

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1975 Act Guidance Note- Adult Child

1975 Act Guidance Note- Cohabitee

1975 Act Guidance Note- Spouse.pdf