Disputed Wills, Trusts and Estates Bulletin - September 2016

Welcome to Ashfords' Disputed Wills, Trusts and Estates Bulletin. We aim to provide you with a roundup of the most interesting and relevant developments in the sector. We would be delighted to expand upon any area covered or if there is any particular topic you would like addressed please contact a member of the team.

Elliott v Simmonds 2016 - some costs comfort for Charities and other beneficiaries

The recent case of Elliott v Simmonds (2016) EWHC 962 (Ch) should give some comfort to charities and other beneficiaries who face incurring costs proving a will where there are no reasonable grounds for challenge.

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Testamentary capacity and mental illness

Testamentary capacity is the legal term used to describe a person's legal and mental capability to make a valid Will.

If a testator (i.e. the person making the Will) lacks testamentary capacity at the time the Will is executed (or at the time the testator gave instructions to the will drafter for the preparation of the Will), then the Will is invalid. It is therefore vital to ensure that all testators have the necessary capacity to make a Will.

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The importance of estate planning for the Agriculture sector

It is unfortunate but not unusual to find that following the death of a family member a dispute arises amongst those with an entitlement to or an expectation of an inheritance.

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Beware of Conflicts

It is very important that executors and trustees (and those advising them) do not put themselves in a position where their own interests might conflict with those of the beneficiaries. This is the "no conflict rule". The rule covers not only the situation where there is an actual conflict, but it extends to the position where there is simply the possibility of conflict.

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We are living longer - why its important to make an LPA early

Kerry Morgan-Gould, Solicitor and Legal Director at Ashfords LLP, takes a closer look at the aging population and what impact this has on mental capacity and the effect on children who have elderly parents.

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Please contact our Disputed Wills and Trusts Team by telephone on freephone 0800 0931336, or by email at for a no obligation chat to see how we can help you. 

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