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Contested will - who pays?

DMH Stallard LLP
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United Kingdom
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June 13 2008

A recent case, involving the family of a man who died and left his entire fortune to the Conservative Party, illustrates one of the main exceptions which can apply, in cases involving wills, to the normal rule that ‘the loser pays the costs’ of a legal action both their own and those of the winner

Promises promises

DMH Stallard LLP
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United Kingdom
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June 20 2008

When promises are made but not kept, the law often provides no redress for the disappointed person, as a recent case involving a couple who looked after a friend demonstrates

Charity fails to increase share of estate

DMH Stallard LLP
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United Kingdom
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May 14 2010

A recent attempt by the RSPCA to contest a will failed, after the charity pursued in court what was described as an 'extremely weak' case

IHT determined by open market value

DMH Stallard LLP
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United Kingdom
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July 19 2010

A recent case illustrates that HM Revenue and Customs (HMRC) will often vigorously challenge potentially low asset valuations for Inheritance Tax (IHT) purposes

Financial settlements in divorce: factors

DMH Stallard LLP
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United Kingdom
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May 24 2010

The headline-grabbing decisions in a spate of 'rich list' divorce cases in 2007 confirmed that the House of Lords (now the Supreme Court) is emphasising that marriage is a partnership and that the relative contributions of the couple to the marriage will be relevant to the financial settlement terms as will the legitimate expectations of the couple

Husband's covert affair means wife keeps house

DMH Stallard LLP
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United Kingdom
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August 4 2010

When a wife agrees to allow the family home to be used as security for her husband's debts, the legal situation is normally clear and the creditor can rely on her consent in order to take possession

Court rescinds agreement resulting from misrepresentation

DMH Stallard LLP
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United Kingdom
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November 16 2009

Where an agreement is entered into as a result of a misrepresentation, the court can order the agreement to be set aside

Non-disclosure does affect settlement

DMH Stallard LLP
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United Kingdom
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November 18 2009

The Court of Appeal has taken the unusual step of considering an appeal in a matrimonial case which was settled by agreement before the appeal was heard

Executor who stole from estate faces prison

DMH Stallard LLP
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United Kingdom
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July 29 2010

An executor who stole more than £80,000 from the estate of a client faces a jail sentence for his crime

Court agrees to reverse settlement error

DMH Stallard LLP
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United Kingdom
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June 4 2010

Although a trustee is personally responsible for the actions they take, the law is not so harsh as to prevent a trustee who makes an innocent mistake from rectifying it