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Wills and Probate News and InsightsVIEW ALL
What is Proprietary Estoppel?
What is Estoppel? In general terms, estoppels operate where one party has acted on the basis of a statement made...Read more
Duties of Trustees
When someone sets up a trust, they will appoint trustees to manage the trust and its assets. The exact duties...Read more
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...Read more
Property rights are not always clear-cut. Sometimes, a person who does not legally own a property could be entitled to...Read more
If the contents of a will comes as a surprise, then one of the things to consider is whether the...Read more
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....Read more
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...Read more
Undue Influence in Wills
Contesting a Will Due to Undue Influence Undue influence occurs when someone pressurises another person to change their Will in...Read more
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...Read more
Will Dispute Case Law
New Births And New Relationships? Review Your Will To Avoid A Dispute You’d imagine a wealthy businessman with assets...Read more
Proprietary Estoppel Case Law
On A Lick And A Promise? The First Hurdle In Proprietary Estoppel Claims Solicitors are increasingly instructed by clients who...Read more
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...Read more
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...Read more
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...Read more
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. ...Read more
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...Read more
Gifting Property to Children
Can I gift property to my children? Gifting a property to your adult children is a relatively complex transaction but...Read more
Contentious Probate Case Studies
Contentious probate involving business assets Our contentious probate solicitors act for the defendants to a claim issued to pronounce in...Read more
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...Read more
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...Read more
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,...Read more
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...Read more
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...Read more
Family Tensions and Deputyship
Disputes between a deputy and the family of the individual concerned, can escalate and become increasingly distressing if issues are...Read more