Trust, Wills and Probate

The law relating to mental capacity (the legal term for soundness of mind) does not stipulate that a person has to be ‘capable’ or ‘incapable’ as regards making any decision....

When a person loses their ability to function intellectually, dealing with their affairs can be extremely difficult unless there is a power of attorney in place. In a recent...

Following an extensive consultation, the Government has introduced the Inheritance and Trustees’ Powers Bill into the House of Lords. The Bill aims to reform the laws of intestacy (i.e....

When ‘heir hunters’ approached three family members with the unexpected news that they stood to inherit money from a person who died without leaving a will, they were asked to...

When the wording of a will is clear, the likelihood of a successful challenge is much reduced. A recent dispute over a woman’s will illustrates the point. The will...

When a terminally ill man changed his will by codicil shortly before he died, in order to provide for the woman he had been living with for the 12 years...

When a widow gave a power of attorney to her solicitor in 1985, she also executed a conveyance over the property in which she lived which made her son the...

An assertion that cash gifts of £100,000 each to his two daughters should be considered to be part of a deceased man’s estate was given short shrift by the court...

A recent case concerned the estate of a woman who died in 2008 aged 98. One of her sons had lived with her during the final three years of her...

When a person expects to die, their thoughts often turn to those who have helped them most in life. In such circumstances, it is by no means uncommon for quite...