The widespread confusion around who can contest a will, and for which reasons, mean that many people are missing out on inheritance that could be legally owed to them.

This is something which the Court had to consider in the recent case of Clitheroe v Bond [2020]. The case relates to the Estate of Jean Clitheroe who died in September 2017. She had three children, namely, a son and two daughters, one of whom had died in 2009. In 2010 she made her first Will effectively leaving the bulk of her estate to her son John Clitheroe and excluding her daughter Susan Bond.

There has been several farming disputes before the courts in recent years and the latest decision in the case of Guest v Guest [2019] reminds us of the remedies available to successful Claimants in proprietary estoppel claims.

The “forfeiture rule” under The Forfeiture Act 1982 prohibits a person from benefiting from the estate of the person he/she unlawfully killed, however the Court has a discretion to waive forfeiture in certain cases.

An interesting judgement was delivered at Leeds County Court last month in the case of Bullockv Denton &Willoughby [2020]. The Claimant, Yvonne Bullock moved in with her partner just over 3 years before his sudden and unexpected death in May 2017.

Generally, any claim under the Act must be brought within 6 months of the date on which a Grant of probate was issued. However, in certain cases the courts have discretion to extend this time limit.

Ramsdens Solicitors have appointed Will Trust and Estate Disputes specialist, Nazia Nawaz as Partner in their contentious probate team.

DIY wills are not a new phenomenon and have been around for some time. An attractive option to many allowing a saving of a few hundred pounds. But what position can this leave your family in?