An appeal after the original district judges decision raised an interesting point with regard to two sections of the Trusts of Land and Appointment of Trustees Act 1996 (“TOLATA”). Namely, s15(3) and s14
The 2021 Inheritance (Provision for Family and dependants) Act 1975 (the ‘Act’) claim of Miles & Anor -v- Shearer highlighted the difference between claims made by a spouse and a claim made by wider potential beneficiaries.
The recent case of Biria v Biria addressed the main issues that can be raised when disputing a will. Namely mental capacity, undue influence and “fraudulent calumny”.
Year on year the number of disputed estates that end up in the court room has increased massively and this fast moving area of law does not appear to be slowing at any point soon.
The High Court has recently made an important decision after Master McQuail exercised the Court’s discretion to modify the forfeiture rule and granted full relief in the circumstances of a ‘mercy killing’.
The recent Supreme Court judgment in Guest and another v Guest [2022] marks the latest in a long line of farming disputes dealing with the expectations of claimants involved in farming businesses.