The problems that can arise if a person fails to keep their will up to date was highlighted in a recent case involving a deceased man’s estranged wife and his new partner. The man had separated from his wife in 1994 but they did not divorce. Shortly after the separation, he began living with his
The government has postponed its proposed increases in probate application fees because there won’t be time to introduce them before the coming election. Ministers hope to go ahead with the changes later this year despite strong opposition from lawyers, charities and the public. Under the current fee structure, fees for grants of probate are set
The increasing demand for powers of attorney have enabled the government to reduce costs. It means the fee for applying to register a lasting power of attorney (LPA) or an enduring power of attorney (EPA) has been reduced from £110 to £82. The fee for resubmitting an LPA for registration has been cut from £55
A woman has lost her legal battle with three charities over how much she should be allowed to inherit from her mother’s estate. The high profile case involved a mother and daughter who had been estranged from each other for more than 20 years. The rift happened after Heather Ilott eloped with her boyfriend at
A woman has lost her appeal against being removed as an executor of her father’s will following a dispute with her brother. The case involved a father who died in 2008. He was survived by his daughter and son who were the executors and beneficiaries of his will. There were difficulties between the two of
The main residence tax allowance of £100,000 planned by former chancellor George Osborne to reduce inheritance liability has now come into effect. Inheritance tax is set at 40% and becomes payable once the tax free threshold of £325,000 has been passed. It is one of the most unpopular taxes as it reduces the amount of
A woman has won a dispute with her siblings over the validity of their mother’s will, which had been mislaid shortly after being made. Following the mother’s death, the siblings claimed there was no will and so were granted letters of administration enabling them to dispose of her estate and share the proceeds. When a
A man has been told he’s liable to pay costs of £44,000 because of his unreasonable behaviour in a family dispute over his stepfather’s will. The case involved the stepson and the stepfather’s daughter and son. The stepson had looked after the father’s finances in the last 12 months of his life. Following the father’s
A disinherited son has failed to prove that his father didn’t understand what he was doing in the final weeks of his life and his will should therefore be declared invalid. The High Court heard that the father had originally made a will in 2008 that divided his estate between his son and his daughter.
A woman has failed to have herself appointed as the administrator of her late mother’s estate because the High Court considered that she was untrustworthy. A man claiming to be the deceased’s husband was also rejected as an administrator with the court preferring to appoint someone independent from outside the family. The case involved a