This quarter, our experts round-up the most recent developments in the sector. Our latest case analyses explore the validility of a vulnerable person's will, when informal care arrangements could lead to estate liabilities and advises steps to help prevent future will disputes surrounding a will’s validity.
We also outline when the Access to Health Records Act 1990 (AHRA) is used and highlight the types of trust, as well as the powers, duties and rights of discretionary trustees and beneficiaries.
In this article, we recount the recent case of Karim v Steele & Anor, which was determined at trial on 20 August 2025, and consider the key takeaway for will drafters and those concerned about potentially predatory relationships.
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Courts generally presume that care from family or friends is given out of love or moral duty, not with an expectation of compensation. However, the recent case of Rogers v Wills shows that when a clear intention exists for a carer to be compensated, those costs may be paid from the deceased’s estate. Our article explores the case and highlights the key takeaways for beneficiaries and executors.
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A recent legal dispute over Margaret Baverstock’s estate highlights the importance of assessing testamentary capacity and following best practices when drafting a will. This article outlines the case, key takeaways and advises steps to help prevent future will disputes surrounding a will’s validity.
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The AHRA is a law that gives individuals the right to access their health records. In this article we outline when the AHRA is used, explore a case where the record holder refused to release the deceased's medical records, and provide detail of this case's outcome.
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A trust is a legal arrangement by which a 'settlor', the person creating the trust, transfers assets to others, the 'trustees', with a direction that they hold those assets for the beneficiaries of the trust. In this article we highlight the types of trust, as well as the powers, duties and rights of discretionary trustees and beneficiaries. We also outline when a decision made by a trustee may be challenged.
Discretionary trusts – your rights as a beneficiary
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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
