There is a presumption under common law that a parent would not intend on giving the same gift to a child twice.

The judgement in this matter was handed down on 24 July 2024. It is an interesting claim for rectification of a Will under Section 20 of the Administration of Justice Act 198.

In England & Wales the Courts increasingly view mediation as an essential step in the dispute resolution process and expect parties to engage in it where possible. Where a party refuses to do so, the Court can may impose cost consequences. This encourages parties to properly consider mediation.

The recent case of Langley v Qin has brought even further attention to the Court’s lack of jurisdiction on the issue of ‘predatory marriages’.

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.