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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

'Senior moment' delays will distribution

DMH Stallard LLP
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United Kingdom
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January 6 2010

The division of the estate of a man who had a ‘senior moment’ when providing information for his will had to be sorted out in court recently

Charity fails to win farm in court - but seeks appeal

DMH Stallard LLP
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United Kingdom
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January 21 2010

After a bruising legal battle, which has cost more than £1.3 million in fees, a Yorkshire doctor has won the right to inherit her late parents’ farm, which is valued at £2.3 million

Will writer in the dock

DMH Stallard LLP
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United Kingdom
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February 15 2010

The trial of an unqualified will writer took place in Bristol recently when a 45-year-old man was charged with the theft of £800,000 from a succession of elderly clients

Divorce arrangements overturned when judge in error

DMH Stallard LLP
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United Kingdom
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February 12 2010

When dividing family assets on separation or divorce, judges sometimes make some surprising decisions

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

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