Welcome to our disputed wills bulletin, where our experts round-up the most recent developments in the sector. In this quarter's edition we analyse number of recent cases that explore:
The recent case of Folds Farm Trustees Ltd and others v Cutts and others reeled in the press in early 2024, due to the allegation that a vintage stuffed pike was evidence of the trustees’ bias towards one of four principal beneficiaries.
However, the court found that there were no grounds to intervene in the discretionary decision making of the trustees. In this article, we summarise this lengthy case and briefly examine why the court ultimately decided to approve the trustees’ decision.
Read more
There are several ways in which the validity of a will can be challenged by law. In the recent case of Langley v Qin which concerned the estate of Robert Harrington, Robert’s daughter brought a challenge on the grounds of lack of testamentary capacity, lack of knowledge and approval and undue influence. This article looks into this case in detail, highlighting the court's findings.
Read more
In the recent case of Gowing and Ors v Ward and Anor, the court took a perhaps surprising decision to uphold the last will and testament of Frederick Ward dated 28 November 2018, despite him failing a cognitive screening two years prior, and despite having been discharged from hospital only days before making his will.
This article provides the background and outcome of this case, exploring whether conclusive evidence is necessary to successfully rebut the presumption of validity of a will.
Read more
The Court of Protection is a specialist court which makes decisions on financial or welfare matters for people who lack mental capacity. So what happens when a person’s capacity to litigate in the Court of Protection is disputed? In this article we analyse a recent case that explores this matter and reveal the judge’s decision.
What are the requirements for a deathbed gift, to be considered as a valid gift? Claimants face considerable hurdles in these types of claims, which were successfully overcome by the claimant in the recent case of Rahman v Hassan. In this article, we explore the facts of this case and reveal the court’s decision.
Kerry Morgan-Gould
Partner and Head of Trusts & Estates
+44 (0)1392 334154 k.morgan-gould@ashfords.co.uk View more
