The Practical Lawyer

Wills, probate and administration

Inheritance claim – adult child

An adult child (T) has lost her claim under the I(PFD)A 1975 against her father’s £1.3m estate in a ruling bucking the recent trend for successful claims by adult children.

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Probate – mistake

There can be serious consequences of ‘mistake’ during the administration of estates, including financially disastrous consequences.

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Inheritance claims – limitation periods

In a decision seemingly at odds with a recent ruling (Cowan v Foreman) on limitation periods in dependency claims, the court has allowed a claim to be made under the I(PFD)A 1975 more than 25 years after the limitation period expired.

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Trusts – rectification

A claim for rectification of two trust deeds to remove all reference to a particular property was made on the basis of mistake.

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Probate fees – increase delayed

We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019.

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Probate fees – increase

The much-criticised increase in probate fees comes into effect in April 2019 and apply whether or not a solicitor is involved. 
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Procedure – limitation

A claimant unsuccessfully applied for financial provision under the I(PFD)A 1975 as she had applied out of time – by 17 months. 
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Court of Protection – spouses

The LA failed in its application under the Mental Health Act 2005 for orders restricting H’s contact with his 83-year-old wife (P). 
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Disputed will – guidance; procedure

What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died? 
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Wills – proprietary estoppel

The Court of Appeal has refused a claim for proprietary estoppel involving yet another farming estate that belonged to the applicant’s late parents, on the basis that it had no realistic prospect of success.
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