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Katie de Swarte
 

Carer caught up in legal battle commenced by a professional Genealogist

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An interesting case took place early this year where a carer was successful in securing part of her inheritance from the estate of the elderly lady she cared for. The estate was represented by a professional Genealogist who has appeared on the BBC series of...

Will Rectification: The Marley v Rawlings way...

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Will Rectification: The Marley v Rawlings way… In my previous blogs I have reviewed the case of Marley v Rawlings , the first ‘will’ case to go before the UK Supreme Court. Briefly, this case involved a couple who made identical...

Son forges mother's signature on deathbed will

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Son forges mother’s signature on a deathbed will One of the types of claims we deal with is when a will may be invalid, which can be for a number of reasons. One reason why a will may be invalid is where the signature of the person making the will...

Knowledge & Approval: The case of Brennan v Prior

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A testator must have the requisite knowledge and approval when signing their will. The recently reported case of Brennan v Prior is a useful illustration of how the Courts assess claims where a testator lacked knowledge and approval of the contents of...

Donation under a will to the BNP fails

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The deceased, Mr. Joseph Robson, had lived in Spain for nearly 20 years had placed most of his £389,000 estate in offshore funds so as to avoid Spanish succession law. However, in 1996 he had made a will leaving his estate to the British National Party...

A costly mistake continued...

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In my last blog I introduced you to the case of Marley v Rawling, which involved an elderly couple, namely Mrs & Mrs Rawlings, who had two biological sons and one adopted son. In 1999 they instructed their solicitor to prepare a pair of identical...

A costly mistake...

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In early December the Supreme Court heard a bitter contentious probate dispute between three “brothers” over the inheritance left by their parents who had mistakenly signed each other’s wills some 14 years earlier. Alfred and...

The Jackson Reforms bite

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The recent Court of Appeal decision in Mitchell v News Group International marks the first significant appellate decision that has enforced the Jackson Reforms and has carved the way for the future conduct of litigation Quite simply, if you fail to comply...

Typical pre-action steps for a will dispute

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Typical pre-action steps for a will dispute: This is a brief outline of the likely pre-action steps your solicitor will take before issuing proceedings in respect of a claim against the validity of a will: An initial...

Death before completion...

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I recently came across a situation I thought would have happened on a regular basis, but I was wrong, it is actually a very rare occurrence. Exchange had taken place in respect of the sale of a leasehold property and a jointly owned business (father &...