Contested Wills & Estates - A 2024 Round-Up

Introduction

Disputes about wills and the administration of estates are responsible for a regular flow of published judgments from the High Court, plus a larger number of cases that come to court but which either do not reach the stage of a written judgment at all or are transferred to the County Court where judgments are seldom published widely.

This webinar will look at what can be learned from recent cases on issues that frequently arise in practice: challenges to the validity of wills, disputes about how an estate should be administered and under whose control, and claims under the Inheritance (Provision for Family and Dependants) Act 1975.

What You Will Learn

This webinar will cover the following:

• Recent case law on the principled approach to determining testamentary capacity, including lessons to be learned about the nuances of the Banks v Goodfellow test and the significance of expert evidence to the court’s decision-making process. The detailed judgment in Leonard v Leonard will be considered along with a sample of other recent reported cases
• Notable recent cases involving allegations of undue influence, with a focus on the recurring themes in challenges which do not succeed and comparisons with the relatively rare claims where the challenge succeeds after being contested at a trial with a substantial body of evidence on both sides. The cases of Rea v Rea and Reeves v Drew will be covered, along with other recent decisions including in the County Court
• Recent case law on the formality requirements for wills. The cases of Sangha v Sangha and James v Scudamore will be covered, considering what is required to satisfy the formality requirements for a valid will, particularly where the testator and two witnesses do not all sign while all three are in each other’s presence
• Recent cases where all or part of a will has been successfully challenged on the ground that the testator did not know and approve the contents. The cases of Reeves v Drew and Richefond v Dillon will be covered
• Recent reported judgments on the costs consequences of probate claims, including attempts by unsuccessful parties to avoid the usual consequences and the decision in Jones v Tracey regarding Part 36 offers
• Pending the judgment of the Supreme Court, the practical implications in the meantime of the Court of Appeal decision in Hirachand v Hirachand on the possibility of including CFA uplifts within awards under the Inheritance (Provision for Family and Dependants) Act 1975
• Recent cases on other kinds of estate disputes, in particular the decision in Rahman v Hassan on donatio mortis causa (deathbed gifts)

This webinar was recorded on 17th September 2024

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