Archives - Osbornes Law

Katie de Swarte

Supreme Court Confirms ‘No-Profit’ Rule For Fiduciaries

Trustees: Supreme Court confirms ‘no change’ to ‘no-profit’ rule for fiduciaries The contested probate and trusts team at Osbornes Law...

Katie de Swarte

Family Conflicts Over Contested Wills

Inheritance disputes: when loved ones become opponents over an unclear will The contested wills and probate team at Osbornes Law...

Jan Atkinson

Estate Planning: New Tax Rules for DC Pensions

New changes to the taxation of DC Pensions will impact estate planning decisions In the Autumn Budget 2024, the Chancellor announced...

Jenny Walsh

Executors’ and Administrators’ Duties

Introduction When someone dies, others need to take on the formal responsibility for dealing with the deceased’s estate. If...

Jenny Walsh

What To Do When Someone Dies

When a loved one dies, getting to grips with what you need to do can seem bewildering. The first question...

Katie de Swarte

High Court Validates Donation in Will Dispute

High Court validates gift made during Covid lockdown in Will Dispute In what may be one of the first covid...

Katie de Swarte

Dementia: Protecting The Interests Of Each Spouse

Protecting Loved Ones with Dementia Dementia is a cruel disease, slowly robbing individuals of their character and their abilities. The...

Sophie Price

Probate Mediation

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

Sophie Price

Is A Handwritten Will Legal?

Is a handwritten will legal? Is a question we often hear, especially when time is of the essence, and putting...

Jenny Walsh

A Guide to Will Trusts

What is a trust in a will ? Setting up a trust in your will can protect assets for your loved...

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....

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...

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...

Jenny Walsh

Discretionary Trusts

What is a discretionary trust? With a discretionary trust, there is no automatic right for beneficiaries to receive funds from...

Jenny Walsh

Disputes Between Executors and Beneficiaries

What are your rights? When a loved one dies, their beneficiaries understandably want to settle their affairs and receive their...

Jenny Walsh

What Rights Does a Beneficiary of a Will...

As a beneficiary of a will, it’s a mistake to sit idly by and wait for your inheritance. A...

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...

Katie de Swarte

Forged Wills

Will fraud and forged wills are increasingly common. If the contents of a will comes as a surprise, then one...

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...

Sophie Price

Duties of Trustees

When setting up or running a trust it’s important to know what the trustees duties are. Trustees are key...

Katie de Swarte

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

What is a deed of variation? A deed of variation is a legal document which can be used to alter...

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...

Sophie Price

What is a Codicil to a Will?

Codicil to a will Life has a habit of changing and your will may need to change with it. A...

Suzanna Baker

What Happens if Someone has Dementia and No...

Can you get Power of Attorney for someone with dementia? It’s a sad reality in an ageing population that...

Suzanna Baker

Can a Lasting Power of Attorney Be Overridden?

Dramatic rise in people making a Power of Attorney The number of people recognising the importance of making a Lasting...

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

High profile probate dispute of Vladimir Scherbakov

Probate dispute of Russian billionaire’s missing will You’d imagine a wealthy businessman with assets in different countries would...

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

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

Samantha Tayler-Auld

EU Succession Regulation: What it Means for Cross-Border...

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

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....

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

Gifting Property to Children

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

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...

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...

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

Jenny Walsh

Beware of appointing your children as executors

Avoiding Family Conflicts in Estate Administration Where tensions exist between family members, making your children the executors of your will...

Katie de Swarte

Is Jersey part of the UK for probate...

Partington v Rossiter If you own assets in more than one country, it’s important to make a robust Will...

Jan Atkinson

How to Divide Assets in a Blended Family

In this article we look a scenario for someone who is making a will where they are married with children...

Elderly woman hold smartphone feels disappointed by received bad news

Suzanna Baker

Deputy Disputes

Disputes between a deputy and family Disputes between a deputy and the family of the individual concerned, can escalate and...

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...

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...

Katie de Swarte

Evidence Needed When Contesting A Will

There must be a clear legal reason to contest a will on someone’s death, backed up by strong evidence....

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...

Katie de Swarte

Handwriting Expert Witness Concludes Will Forgery

Successful contesting a will claim following testimony of handwriting expert It’s not unheard of for an individual to forge...

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

Worldwide Probate Dispute

Considerable wealth and assets all over the world The deceased died in Ireland leaving very considerable wealth and assets all...

Elspeth Neilson

Estate administration with a value of £6million

International estate valued at £6m In this international probate case, we are acting for the executors in an estate administration...

Elspeth Neilson

International probate involving 17 properties

International Estate Administration Osbornes Law represented the administrator of this international estate where the deceased was domiciled in India. Ongoing...

Suzanna Baker

Complex Probate Involving 4 Wills: Case Study

Complex Probate Involving Four Separate Wills Introduction to the Case The case study relates to complex probate involving four separate...

Suzanna Baker

Probate with Assets Worth US$800m: Case Study

High-Profile Probate Case Involving a London Property Introduction to the Case This probate case relates to a property in London...

Jan Atkinson

US/UK cross border probate: Case Study

International Probate and Estate Planning Introduction to the Case Our probate lawyers in London were instructed by a US-based widow...

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...

Jan Atkinson

What Happens to Debt When you Die?

It is a common misconception that a person’s debts die with them. After you die, your debts become the...

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...

Jenny Walsh

Beware of setting up unnecessary trusts for children

Beware of Unnecessary Trusts in Your Will Understanding the Impact of Trusts Parents making a will should beware of setting...

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...

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

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...

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...

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...

Elspeth Neilson

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

Changes to Inheritance Tax Allowances Changes to inheritance tax allowances mean married couples can leave property worth £1 million tax-free from 6...

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...

Jan Atkinson

Forced Heirship on Property Abroad

Own property abroad? Beware of forced heirship rules Whether it’s a holiday home, a second home or a place...

Maggie Leiper

What is fraudulent calumny?

Fraudulent calumny involves someone poisoning the mind of the deceased against a potential beneficiary, ultimately influencing the deceased to exclude...

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...

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...

Jan Atkinson

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

The Challenges of International Assets in Wills As more of us become internationally mobile, it’s increasingly common to own...

Elspeth Neilson

Can You Write Your Own Will?

Is writing your own will legal? While writing your own will is technically legal and can be valid if executed...

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...

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...

Jan Atkinson

What happens when someone dies without a will?

Dying without a will When someone dies without a Will, the Intestacy Rules apply. These rules, which are set out...

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...

Department: Private Client

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Supreme Court Confirms ‘No-Profit’ Rule For Fiduciaries

Family Conflicts Over Contested Wills

Estate Planning: New Tax Rules for DC Pensions

Executors’ and Administrators’ Duties

What To Do When Someone Dies

High Court Validates Donation in Will Dispute

Dementia: Protecting The Interests Of Each Spouse

Probate Mediation

Is A Handwritten Will Legal?

A Guide to Will Trusts

A Guide to Asset Protection Trusts

What is a Mirror Will?

A Guide to Life Interest Trusts

Discretionary Trusts

Disputes Between Executors and Beneficiaries

What Rights Does a Beneficiary of a Will...

5 Things You Should Never Put in a Will

Forged Wills

What is Proprietary Estoppel?

Duties of Trustees

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

Constructive Trusts

What is a Codicil to a Will?

What Happens if Someone has Dementia and No...

Can a Lasting Power of Attorney Be Overridden?

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

High profile probate dispute of Vladimir Scherbakov

Of Bad Character: Undue Influence Claim Succeeds

Case Law: Dementia-Induced Mild Cognitive Impairment

EU Succession Regulation: What it Means for Cross-Border...

Are trusts protected from divorce?

How to prevent someone contesting a will

Gifting Property to Children

Contentious Probate Case Studies

Contesting A Will Case Studies

Do you need to register your trust?

Beware of appointing your children as executors

Is Jersey part of the UK for probate...

How to Divide Assets in a Blended Family

Deputy Disputes

Particularly sensitive issues around mental capacity

Inheritance Claims CFA Success Fee Judgment

Evidence Needed When Contesting A Will

Dispute Surrounding Interpretation of Will

Handwriting Expert Witness Concludes Will Forgery

Understanding Testamentary Capacity

Unsuccessful Inheritance Act Claim

Worldwide Probate Dispute

Estate administration with a value of £6million

International probate involving 17 properties

Complex Probate Involving 4 Wills: Case Study

Probate with Assets Worth US$800m: Case Study

US/UK cross border probate: Case Study

Does Divorce Revoke A Will?

What Happens to Debt When you Die?

What is reasonable financial provision in 1975 Act claims?

Beware of setting up unnecessary trusts for children

How to prevent a loved one entrusting their...

Undue Influence in Wills

Making a Will by video link

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

Leaving money to charity in your will

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

Hampstead solicitor becomes notary public

Forced Heirship on Property Abroad

What is fraudulent calumny?

Residence Nil Rate Band

Guardianship (Missing Persons) Act 2017

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

Can You Write Your Own Will?

How to Claim for an Unclaimed Estate

Cross Border Issues – Wills and Succession

What happens when someone dies without a will?

Mutual Wills