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Expert Comments
Opinion
dispute-resolution
legal-advice
Don’t Let a Bot Be Your Lawyer
“Everything is AI and AI is everything” But is it? Today, the advent of AI is transforming almost every profession and while it has become indispensable in our daily lives,…
Responding to a Lark v Nugus request – Addison & Anor v Niaz [2024]
A Larke v Nugus request is usually made if there are concerns surrounding the circumstances in which a will was made and executed. It can be a useful pre-action tool…
Beneficiary Forfeiting Inheritance For Role In Assisted Dying – Morris V Moris (2024)
Whilst suicide is no longer a crime, the assistance of another’s suicide can give rise to criminal (and other) sanctions. Under section 2 of the Suicide Act 1961: (1) A…
Civil fraud is a complex area of law and it can be a challenging situation to be faced with, both as the Claimant or Defendant. When most think of fraud,…
A will is a very important legal document and must be prepared, executed and witnessed in a certain way to be valid. The requirement is set out in section 9…
There is a growing trend of people litigating about contentious probate matters which may be fuelled by increasing values of estates (which mainly consist of properties), public awareness due to…
The Importance of Complying with Court Orders – Contempt of Court
What is Contempt of Court? There are two types of contempt of court; criminal and civil. This blog is focused on civil contempt. Civil contempt is intended to enforce compliance…
Revoking a Will by Destruction – Crew v Oakley (2024)
We cannot stress enough the importance of a properly drafted will to ensure your wishes are adhered to after your death. However, it is also important to regularly review your…
The Supreme Court Excludes The Doctrine Of Merger From Declaratory Judgments
In a landmark decision handed down in February 2025, the UK Supreme Court in Nasir v Zavarco PLC [2025] UKSC 5 unanimously held that the common law doctrine of merger…
What Happens When A Party In (Potential) Litigation Dies
Litigation – whether potential or actual, can be costly and lengthy but what happens when one of the parties dies? In certain circumstances the court has the power to substitute…
Service Of Prescribed Documents On Tenants – D’aubigny V Khan & Anor (2025)
As a landlord, there are certain documents (known as prescribed documents) that you have to give to your tenant at certain times to comply with statutory requirements Section 21 (b)…
March 5, 2025
Opinion
dispute-resolution
A Successful Challenge To A Will On The Basis Of Undue Influence – Langley V Qin (2024)
There are various methods of challenging the validity of a Will, one of which is to show that undue influence had been exerted on the deceased. The leading case of…
Amendment Of A Will Due To Drafting Error – A Recent Illustration In Angelova V Kershaw (2024)
We have previously discussed how the validity of a will can be challenged on specific grounds such as capacity, fraud and undue influence. We have also talked about how you…
Having capacity is a key component in determining whether the final wishes of the deceased will stand and are adhered to. This means one has to be mentally sound to…
December 19, 2024
Opinion
dispute-resolution
wills-disputes
The Validity Of A ‘No Contest Clause’ Explored In Sim V Pimlott And Others (2023)
Whilst English law largely seeks to uphold testamentary freedom to allow a testator to leave their estate to whomever and in whatever way they want, a beneficiary of a will…
When Is A Promise Binding – Another Look in Winter v Winter (2024)
Proprietary Estoppel Typically proprietary estoppel is raised in farming cases where someone is promised a farm in return for unpaid labour and this renegaded on when the farmer dies. Given…
A Recent Take On Death Bed Gifts – Rahman V Hassan (2024)
The doctrine of donatio mortis causa (which in Latin translates to ‘gift by reason of death’) (“DMC”) dates back to the Roman times, and given the statutory provisions of s9…
Testamentary Capacity – Updated in Leonard v Leonard (2024)
A Will can be challenged and set aside if it can be shown that the deceased lacked ‘testamentary capacity’. Banks v Goodfellow (1870) The relevant legal test for establishing (testamentary)…
A personal representative (PR) is the primary person with the rights and responsibilities in administration of an estate. As a beneficiary of an estate, there is a limit to what…
A judgment will be entered against you in the civil county courts if you a) do not file an Acknowledgment of Service and/or a Defence b) lose at a final…
