Trust, Wills and Probate

The courts are loath to ‘infer’ provisions into any sort of document, let alone one as final as a will, unless there is a compelling reason to do so, so...

When Oscar-winning composer Sir Malcolm Arnold died in 2006, aged 84, he left a will bequeathing his house, his car, his valuable manuscripts and a half-share in the annual royalties...

Having too much, too soon has been the cause of the ruin of many a life. Worried that this might be the fate awaiting her child, a mother recently went...

A case recently heard by the Court of Appeal illustrates that long-running litigation can result when a will is home made. The decision also contains useful guidance on what is...

The laws of intestacy that apply in Scotland are not the same as those in England and Wales. However, following recent changes to the laws in England and Wales relating...

A battle over a relatively modest estate of less than £150,000 shows the sense of achieving a negotiated settlement where possible rather than resorting to protracted legal proceedings and adopting...

When a dependant of a deceased person is unexpectedly not provided for under the will, the normal course of action is to bring a claim against the deceased’s estate under...

One of the basic rules for creating a valid will is that it must be signed by the testator and the signature must be witnessed by two people. Failure to...

Three sisters who challenged their late father’s will have lost their battle at the High Court. The will was made the day George Wharton, who was suffering from terminal...

Just because witnesses to a will unexpectedly could not remember witnessing it did not make a will invalid according to the Court of Appeal.   The case involved...