Posted by Calum Campbell, Associate
The Court of Appeal recently dismissed claims by Christopher and Vivien Nutt alleging that their brother, Colin, had unduly influenced their mother into leaving him her home in her Will dated 2010. Mrs Nutt’s previous Will had divided her estate equally between her three children.
Posted by Calum Campbell, Associate
There are various reasons why you may think you should have benefited from a Will (but didn’t!). A recent case, which went to the Court of Appeal, looked at the position of a cohabitee of over 20 years. Mr Warner wanted to stay in his deceased partner’s property, even though he was not left the property in the Will and could afford to buy his own house with personal wealth. The case highlights that the courts can look at claimants’ “maintenance needs” from a variety of angles when deciding on inheritance disputes.
Posted by Calum Campbell, Associate
After a landmark case was concluded earlier this year, many people assumed that Will dispute claims by adult children, particularly estranged ones, would be far more difficult to win, if not impossible. However it seems that this is not necessarily the case.
Posted by Calum Campbell, Associate
The last thing unmarried couples who have bought a house together tend to think about is “what happens to the house if it all goes wrong?” What if your relationship breaks down? Will you get back what you put in financially? It’s not the most romantic of topics!
Posted by Calum Campbell, Associate
It is very difficult to prove that a person was subjected to undue influence when making their Will. However, in a recent case a daughter successfully proved that the reason she was removed from her mother’s Will was due to the false allegations that had been made by her sister to her mother.
Posted by Calum Campbell, Associate
While your first thought might be “no”, a recent case has re-confirmed that it is not that clear cut.