Summary The Claimant was unsuccessful in two claims; A claim that the will was invalid as a result of the deceased not having testamentary capacity A proprietary estoppel claim Costs in Contentious Probate Proceedings The general rule (subject to the discretion of the court) is the same as in all litigation – costs follow the event (CPR 44.2). The successful …
James v James & Others [2018] EWHC 242
In an intestacy, where an adult beneficiary dies before the conclusion of the estate administration, does the inheritance under the intestacy become [deletes] part of the deceased beneficiary’s own estate?
A person dies intestate if they die without a valid will being in place. The Administration of Estates Act 1925 sets out the statutory order for the distribution of the estate on intestacy. A persons right to inherit is determined by fixed rules. The estate is divided between the relative(s) in the highest category. A surviving spouse or civil partner …
How easy is it to challenge a Will?
The national press carries the somewhat bizarre tale of a woman in her twenties who married a retired school lollipop man, aged 76, who claimed that she’d found his most recent Will (leaving the vast bulk of his £600,000 estate to her rather than his daughter by a previous marriage) in an empty Doritos packet in the attic of the …
Breach of duties – Executor disputes
Two cases have hit the headlines recently whereby the executor (the person appointed by the deceased in a Will to administer their estate) has taken money in breach of their duties for their own personal gain. The two cases can be summarised as follows: David Loveday – David was the executor for Mrs Border’s estate worth around £222,000. Mrs Border …
High profile ruling sheds light on need for Inheritance Act guidance
If you hadn’t heard of the Inheritance (Provision for Family and Dependants) Act 1975 (“The Inheritance Act 1975”) before, you may well have happened upon following the case of Ilott v Blue Cross, which made national headlines – and not for the first time. The case first came to light in 2007 when Heather Ilott made an application under the …
Costs in Probate Proceedings
In Bleak House Dickens takes a satirical swipe at the court system. Jarndyce v Jarndyce is a probate action which is not understood by the litigants and which devours the whole estate in costs. Jarndyce is not dissimilar to a number of recent probate cases. The legal costs position in probate claims is often misunderstood. This article looks at 1. …
Ames v Jones & Ors [2016] EW Misc B67 (CC) (19 August 2016)
Danielle Ames has been unsuccessful in her claim for provision from the estate of her father. Michael died with an estate worth £1.09 million. His entire estate was left to Danielle’s step mother Elaine. Danielle claimed that her father’s failure to make provision for her in his will was unreasonable. She claimed £300,000 and submitted that her father had said …
Cohabitees and Claims under the Inheritance (Provision for Family and Dependants) Act 1975
As our society has changed, so the institution of marriage seems to have lost its appeal for many couples. There are, of course, often conflicting views as to whether this is a good or bad thing. Harry Benson, of the Marriage Foundation, has been quoted as saying: “Future generations will not thank us for our foolish disregard for commitment and stability.”. Further, …