The latest disputed wills and trusts updates - April 2024

29.04.24

Kerry Morgan-Gould, Robert Horsey, Barny Croft

Welcome to our disputed wills bulletin, where our experts round-up the most recent developments in the sector.

In this edition, we analyse recent cases and explore the correct test for mutual wills contracts, how to report an attorney and whether the court has power to remove a trustee under the Inheritance Act 1975.

We look into other cases in detail, where parties claim to share the equitable interest and we determine whether non-court-based dispute resolution processes are seen as acceptable.

Read our latest case analysis

Mutual wills: can undue influence be considered?

What is the correct test where, during a testator’s lifetime, he or she enters into a contract to make mutual wills? In this article, we investigate the claim in the recent case of Naidoo v Barton.

Meg Wynn Owen case: how can I report an attorney?

Actress Meg Wynn Owen was suffering with dementia when her appointed attorney took approximately £65,000 from her over a period of four years.

This article analyses this case and advises how you can report an attorney if you have concerns about their actions.

Ramus v Holt case: does the Inheritance Act 1975 give the court power to remove a trustee?

In the recent Ramus v Holt case, the widow of the deceased brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975, to remove their daughter as a trustee.

Our article investigates whether the court has power to remove a trustee under this act.

Common intention constructive trusts: proving detriment or change in position?

In the Court of Appeal case of Hudson v Hathway, it was determined whether a former cohabitant had to show detriment or a change in position when claiming a common intention constructive trust.

This article focuses on trusts where only one party has the legal title but other parties claim to share the equitable interest.

Churchill v Merthyr Tydfil Council case: is forced alternative dispute resolution acceptable?

In the recent case of Churchill v Merthyr Tydfil County Borough Council, the Court of Appeal held that the court has a discretionary power to order a ‘stay’ in proceedings and compel the parties to engage in a non-court-based dispute resolution process such as mediation.

This article looks into this case in detail to determine whether this process is seen as acceptable.