Helping Machins’ clients in contentious probate issues it is often the case that a dispute arose as a result of a will which favoured one sibling over another or completely cut one family member out. This is a somewhat delicate and emotional issue and with English law following the basic principle that the Testator has
A woman has won the right to remain in her deceased partner’s home despite a legal challenge from his son. The case involved a couple who were not married but had lived together for 12 years. The man had made a will leaving all his estate to his son. The will didn’t leave anything to
Two brothers have won a legal battle to receive their full inheritance from their mother’s will. The case involved a family dispute between the brothers and their sister. Their mother had made a will leaving substantial sums to all her three children. However, before she died she transferred a large amount of her money to
The Law Society says the Government decision not to regulate will writing puts the public at risk of being exploited by unqualified and unscrupulous practitioners. Many legal services are strictly regulated but will writing is not. The Law Society and the Legal Services Board have long campaigned for stricter controls to protect the public but
The Court of Protection is often called upon to decide whether a person suffering from a debilitating medical condition has the mental capacity to make important decisions. A recent case involved a 37-year-old woman who suffered from bipolar disorder. The woman was a high-achieving information technologist but her condition led to her compulsory detention at
Trusts set up many years ago can sometimes contain provisions which seem out of step with the way people live their lives today. Thankfully, when problems arise, the courts can often help to correct any anomalies. A recent example involved a child who would have been unable to benefit from a trust fund because his
The money that goes to the Treasury from people who don’t make a will has nearly doubled in the space of just a year. The Times newspaper has published research carried out by lawyers which shows that £38.5m flowed into the Treasury coffers last year from the estates of people who died without a will
Two women have successfully challenged their aunt’s will after discovering that they were to inherit nothing from her estate. The court heard that the aunt was very frail and confused in the latter years of her life. Her two nieces kept in touch with her but after the death of her husband, she was also
Setting up a Lasting Power of Attorney (LPA) has become easier and quicker following changes to the registration process. Lasting Powers of Attorney enable you to appoint someone you trust to look after your affairs if you reach a point in the future where you can no longer make decisions for yourself due to ill
Prime Minister David Cameron has become a ‘Dementia Friend’ as part of a campaign to raise awareness of the illness and the traumas it can cause. The initiative is being promoted by the Alzheimer’s Society, the Department of Health and the Office for Civil Society. The number of dementia sufferers in the UK is set