Blog Posts

< 1 min readThe cost involved in contesting a will depends on the nature of the dispute, the number of parties involved and the willingness of the parties to negotiate or compromise. If the dispute can be resolved by mediation, the costs can be reduced. However, if the dispute goes to Court the costs will be much higher … Read more

< 1 min readWills can be contested by anyone having an interest therein on account of mistake, uncertainty, duress and fraud but the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) permits the following people to mount a challenge if they are of the view that the deceased’s will does not make adequate provision for … Read more

< 1 min readGiven that the law of England & Wales permits freedom of testamentary disposition it is possible to exclude a child from your will. However, a disinherited child may contest your will under the 1975 Act claiming that you have not made reasonable financial provision for them. It is likely that he or she will retain … Read more

< 1 min readIn a marriage or civil partnership, you automatically inherit your partner’s estate under the intestacy rules if your partner had no children and a defined share of the estate if there are children or other issue. This follows even if you are separated. If you are divorced or your civil partnership has ended, you cannot … Read more

< 1 min readIn a marriage or civil partnership, you inherit by law some or all of your partner’s estate automatically with the amount depending on the circumstances at the time of death and you may be able to continue living in your partner’s home. You cannot do this if you are divorced or if your civil partnership … Read more

< 1 min readThe law of England & Wales does not allow children to take an inheritance until they reach the age of 18. Until then, the inheritance will be managed by trustees. A trust comes into effect by operation of law until a child attains 18 years. A minor cannot hold property.

< 1 min readWhen someone under the age of 18 inherits property a “trust” is created by operation of law. A trust is a legal structure whereby people known as trustees to manage the money and assets inherited until the child turns 18 or perhaps 21 if a will imposes a higher age. A will may make specific … Read more