Contesting a Will Archives

Department: Contesting a Will

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Sophie Price

Probate Mediation

Why choose mediation for contested probate? At Osbornes, we understand that probate litigation is often highly emotive. Unfortunately, there is...

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...

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...

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...

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...

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...

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...

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...

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...

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....

Katie de Swarte

Unsuccessful Inheritance Act Claim

The case of Shearer v Shearer The recent reported case of Shearer v Shearer highlights that adult children cannot expect...

Jan Atkinson

What is reasonable financial provision in 1975 Act claims?

Understanding “Reasonable Financial Provision” “Reasonable financial provision” under the Inheritance Act 1975, refers to the financial support that is reasonable for...

Suzanna Baker

Undue Influence in Wills

What is Undue Influence in Wills? Undue influence occurs when someone pressurises another person to change their Will to gain...

Jan Atkinson

Left Out of a Will: What Can I...

I was left out of my parent’s will. What can I do? Understanding Your Situation Whilst testators in England...