This quarter, our experts round-up the most recent developments in the sector. We provide a first look at the recommendations in the Law Commission report 2025, highlight when a beddoe order is typically appropriate and outline the common causes of delay when applying for probate and how executors and beneficiaries can avoid them.
Our latest case analyses also explore the recent cases of Packer v Packer and Addison & Anor v Niaz, providing a background to each and revealing the court's decisions.
The law governing wills in England and Wales hasn't been comprehensively reviewed for over 200 years. The proposed reforms in the Law Commission's report aim to modernise the law of wills, making it more relevant, reliable and fit for purpose. In this article, we set out the proposed recommendations of the reform, and explore matters within the Law Commission report that could affect those involved in estate litigation.
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A beddoe order is a court order that gives permission to a trustee or executor to take or defend legal action with the assurance that their legal costs will be reimbursed from the trust or estate, under their right to an indemnity whatever the outcome. Failure to apply for such an order can leave trustees dangerously exposed, in this article we outline when a beddoe order is typically appropriate, set out the application process and highlight the Charity Commission's position regarding this type of order.
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The average wait time for probate applications to be processed is now at its shortest in over two years. Although the backlog of cases is now clearing the way for a faster and smoother application process, prospective executors and personal representatives should still be wary of the common causes of unnecessary delays when applying for probate. In this article, we highlight the common causes of delay when applying for probate and how executors and beneficiaries can avoid them.
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The recent Packer v Packer case highlights the importance of how witnesses come across when giving evidence at trial and how this can affect the outcome of legal proceedings. It also considers two important concepts often relied upon when it comes to disputed wills: the presumption of due execution and the presumption of revocation of a will. In this article we provide a background to the case, explore the questions that were raised at trial and reveal the court's decision.
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Where concerns arise regarding the validity of a will, parties will usually want information about how the will was made. A request can be made of the executors because it's the executors that can waive privilege on behalf of the deceased. In addition, enquiries can be made of the solicitor or other will drafter by making a Larke v Nugus request. In this article we define a Larke v Nugus request, provide a background to the Addison & Anor v Niaz case and reveal the court's decision.
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Kerry Morgan-Gould
Partner and Head of Trusts & Estates
+44 (0)1392 334154 k.morgan-gould@ashfords.co.uk View more
