Department: Wills, Probate and Disputed Estates

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25.4.2024 | Jenny Walsh

A Guide to Will Trusts

Setting up a trust in your will can protect assets for your loved ones while protecting your estate from unnecessary...

25.4.2024 | Jenny Walsh

A Guide to Asset Protection Trusts

One good reason to place your assets into a trust is to protect family wealth without fearing for its future....

25.4.2024 | Angela Marangone

What is a Mirror Will?

Mirror wills are mirror images of each other and practically the same in every way. They suit couples, married or...

23.4.2024 | Jenny Walsh

A Guide to Life Interest Trusts

In today’s complex families, protecting assets for your children while ensuring that a surviving spouse can still enjoy them...

23.4.2024 | Jenny Walsh

What is a discretionary trust?

With a discretionary trust, there is no automatic right for beneficiaries to receive funds from the trust. Instead, the trustees...

22.4.2024 | Joseph Gunn

5 Things You Should Never Put in a Will

When it comes to writing a will, you want to make sure that your wishes are known and that the...

22.3.2024 | Katie de Swarte

Forged Wills

If the contents of a will comes as a surprise, then one of the things to consider is whether the...

14.2.2024 | Sophie Price

What is Proprietary Estoppel?

What is Estoppel? In general terms, estoppels operate where one party has acted on the basis of a statement made...

14.2.2024 | Sophie Price

Duties of Trustees

When someone sets up a trust, they will appoint trustees to manage the trust and its assets. The exact duties...

3.11.2023 | Katie de Swarte

Deed of Variation: Making a Change to an...

What is a deed of variation? After someone dies, it is possible for the beneficiaries to change the way the...

31.10.2023 | Sophie Price

Constructive Trusts

Property rights are not always clear-cut. Sometimes, a person who does not legally own a property could be entitled to...

17.9.2023 | Sophie Price

What is a Codicil?

What is a codicil to a will? Life has a habit of changing and your will may need to change...

31.8.2023 | Suzanna Baker

Can Someone With Dementia Make A Will or...

It’s a sad reality in an ageing population that more people than ever suffer from dementia in the UK....

31.8.2023 | Suzanna Baker

Can a Lasting Power of Attorney Be Challenged?

The number of people recognising the importance of making a Lasting Power of Attorney (LPA) has risen dramatically in recent...

2.8.2023 | Suzanna Baker

Undue Influence in Wills

Contesting a Will Due to Undue Influence Undue influence occurs when someone pressurises another person to change their Will in...

26.7.2023 | Sophie Price

Wills Disputes: The Duty To Account Is Not...

Beneficiaries frequently ask us whether trustees or personal representatives can be required to provide a financial account. Their request may...

9.6.2023 | Katie de Swarte

Will Dispute Case Law

New Births And New Relationships? Review Your Will To Avoid A Dispute You’d imagine a wealthy businessman with assets...

9.6.2023 | Katie de Swarte

Of Bad Character: Undue Influence Claim Succeeds

Naidoo v Barton: undue influence and the risks of mutual wills Can someone’s bad character be used to prove...

22.5.2023 | Elspeth Neilson

Case Law: Dementia-Induced Mild Cognitive Impairment

Dementia is a harsh reality for increasing numbers of families. Sadly, it means the disputed wills solicitors at Osbornes Law...

26.4.2023 | Samantha Tayler-Auld

German Court Rules on EU Succession Regulation

Succession laws vary from country to country which historically made the administration of cross-border estates potentially complex. Since 17 August 2015, the...

16.3.2023 | Joanne Wescott

Are trusts protected from divorce?

Can trusts protect an inheritance from your spouse? A trust is a separate legal entity. Neither spouse owns its assets....

1.3.2023 | Jan Atkinson

How to prevent someone contesting a will

It is fairly rare in my experience for a parent to write a child out of their will but that...

8.2.2023 | Jan Atkinson

Gifting Property to Children

Can I gift property to my children? Gifting a property to your adult children is a relatively complex transaction but...

15.11.2022 | Jan Atkinson

Contentious Probate Case Studies

Contentious probate involving business assets Our contentious probate solicitors act for the defendants to a claim issued to pronounce in...

27.10.2022 | Jan Atkinson

Contesting A Will Case Studies

Will dispute on grounds of lack of capacity Our contesting a will solicitors acted for the claimants, the adult daughters...

2.8.2022 | Samantha Tayler-Auld

Do you need to register your trust?

The Trust Register was introduced in 2017 as part of anti-money laundering regulations. Previously, only trusts with a UK tax liability...

Businessman and Male lawyer or judge consult having team meeting with client, Law and Legal services concept

19.7.2022 | Jenny Walsh

Beware of appointing your children as executors

Where tensions exist between family members, making your children the executors of your will can cause huge problems with probate,...

19.1.2022 | Katie de Swarte

Does your will deal with cross-border assets?

If you own assets in more than one country, it’s important to make a robust Will that deals effectively...

1.1.2022 | Jan Atkinson

Married with children from a previous relationship – how...

There are several ways of doing this. If sufficient assets are available apart from the family home, dividing those between...

Elderly woman hold smartphone feels disappointed by received bad news

18.11.2021 | Suzanna Baker

Family Tensions and Deputyship

Disputes between a deputy and the family of the individual concerned, can escalate and become increasingly distressing if issues are...

18.11.2021 | Suzanna Baker

Particularly sensitive issues around mental capacity

Mental capacity, the right to sex and the carer’s risk of prosecution Does everyone have the right to a...

25.10.2021 | Katie de Swarte

Inheritance Claims CFA Success Fee Judgment

The Court of Appeal upholds the recoverability of CFA success fees in 1975 Act claims. An individual who claims reasonable provision...

20.10.2021 | Katie de Swarte

Evidence Needed When Contesting A Will

‘Scrap King’ Multi-million Inheritance Dispute Confirms the High Standard of Evidence Needed to Contest a Will Gary Goodwin, son of...

20.10.2021 | Katie de Swarte

Dispute Surrounding Interpretation of Will

The ‘nil rate band’ offers an incentive to testators to make their will in a tax-efficient manner, maximising the amount...

20.10.2021 | Katie de Swarte

Handwriting Expert Witness Concludes Will Forgery

It’s not unheard of for an individual to forge someone’s will with the aim of securing an inheritance....

20.10.2021 | Katie de Swarte

Understanding Testamentary Capacity

What is testamentary capacity? Testamentary capacity refers to a person’s legal and mental ability to create a valid will....

20.10.2021 | Katie de Swarte

Contested Will Claim Against Estate Fails

The recent reported case of Shearer v Shearer highlights that adult children cannot expect an estate to support their affluent...

17.9.2021 | Jan Atkinson

Funding of Probate disputes

Contentious Probate can be very expensive and clients often find it difficult to find the money to cover their legal...

13.9.2021 | Jan Atkinson

Worldwide Probate Dispute

The deceased died in Ireland leaving very considerable wealth and assets all over the world, including England, but without leaving...

13.9.2021 | Elspeth Neilson

Estate administration with a value of £6million

In this international probate case, we are acting for the executors in an estate administration with a value of £6million....

13.9.2021 | Elspeth Neilson

International probate involving 17 properties

Osbornes Law represented the administrator of this international estate where the deceased was domiciled in India. There are ongoing court...

13.9.2021 | Suzanna Baker

Complex probate involving 4 wills

The case study relates to complex probate involving four separate wills. The deceased had made four wills in rapid succession,...

13.9.2021 | Suzanna Baker

Probate with assets worth between US$600m & US$800...

This probate case relates to a property in London which was funded by our clients, who are based in Australia...

13.9.2021 | Jan Atkinson

US/UK cross border probate

Our probate lawyers in London were instructed by a US-based widow of her late husband’s £8 million English estate. As...

10.9.2021 | Jenny Walsh

Does Divorce Revoke A Will?

Divorce and Wills In the midst of a divorce or separation, it’s rare for couples to think about making...

7.9.2021 | Jan Atkinson

Dealing with Debts as an Executor

Do your debts die with you? It is a common misconception that a person’s debts die with them. After...

13.8.2021 | Jan Atkinson

What is reasonable financial provision in 1975 Act claims?

The long-running and high-profile case of Ilott v Mitson [2017] UKSC 17 has finally come to an end with the decision of...

6.7.2021 | Jenny Walsh

Beware of setting up unnecessary trusts for children

Parents making a will should beware of setting up unnecessary trusts for their children which could see them paying more...

18.3.2021 | Katie de Swarte

How to have your will witnessed remotely by...

Our specialist Wills solicitors can help clients with their Will requirements during this health crisis. Giving your solicitor ‘remote’ instructions...

27.11.2020 | Katie de Swarte

How to prevent a loved one entrusting their...

Record numbers of us entrust our finances to loved ones, with over 800,000 Lasting Powers of Attorney (LPA) registered yearly, according...

9.10.2020 | Suzanna Baker

Undue Influence in Wills

Contesting a Will Due to Undue Influence Undue influence occurs when someone pressurises another person to change their Will to...

25.9.2020 | Jan Atkinson

Making a Will by video link

The Government has recently announced plans to allow for the witnessing of Wills and Codicils by video conferencing. This is...

2.9.2020 | Jan Atkinson

What Can I Do if I Have Been...

I was left out of my mother’s last will. What can I do? Whilst testators in England and Wales...

10.6.2020 | Jan Atkinson

Leaving money to charity in your will

Why leave money to charity in your Will? Leaving money to charity in your will is a significant source of...

26.3.2020 | Elspeth Neilson

Property up to £1m can be inheritance tax...

Changes to inheritance tax allowances mean married couples can leave property worth £1 million tax-free from 6 April. Modest houses in parts...

19.12.2019 | Elspeth Neilson

Hampstead solicitor becomes notary public

Hampstead solicitor Elspeth Neilson of Osbornes Law has qualified as a notary public (a notary), meaning she can now certify...

22.10.2019 | Jan Atkinson

Property abroad? Beware of forced heirship rules

Whether it’s a holiday home, an investment property or a place you want to retire to, if you own...

9.8.2019 | Maggie Leiper

How to Protect Yourself From Will Scams

Much has been written about protecting older or vulnerable people from online scams – according to Age UK, an older person...

31.7.2019 | Suzanna Baker

Residence Nil Rate Band

What is the Residence Nil Rate Band? The Residence Nil Rate Band is an additional nil rate band. It can...

26.7.2019 | Jenny Walsh

What happens to your digital assets on death?

This question has become increasingly prominent with the advancement of technology and the increase in social media platforms. Digital assets...

19.7.2019 | Jan Atkinson

Guardianship (Missing Persons) Act 2017

The Guardianship (Missing Persons) Act 2017 comes into force on 31 July 2019. This is a full 27 Months after the bill was given...

3.7.2019 | Jan Atkinson

Assets abroad? Why you may need more than...

As more of us become internationally mobile, it’s increasingly common to own assets abroad. Yet lawyers say many people...

31.5.2019 | Elspeth Neilson

The Problem with DIY Wills

The Law Gazette has recently reported that ‘DIY Wills’ are being blamed for the rise in probate disputes, and this...

25.3.2019 | Jan Atkinson

How to claim for an unclaimed estate

Finding beneficiaries for unclaimed assets The amount of unclaimed assets has nearly doubled in the last year, with the Prince...

25.3.2019 | Jan Atkinson

Cross Border Issues – Wills and Succession

An increasing number of individuals have connections with more than one jurisdiction. Conflicting rules can significantly affect their estate planning...

25.3.2019 | Jan Atkinson

Intestacy Rules

What Happens When Someone Dies Without a Will? It is estimated that between half and two-thirds of the adult population...

13.11.2017 | Katie de Swarte

Mutual Wills

The High Court’s decision in the recent case of Legg and Burton v Burton [2017] has highlighted the issues surrounding...