Contested Probate

Widow wins High Court challenge after husband leaves her out of his Will. I explored a recent case (Kaur v Estate of Karnail Singh & Ors [2023] EWHC 304) where the widow and her four daughters…

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The Bare Necessities – What Bare Trusts Mean For You

A bare trust (sometimes called a simple trust) is one in which trustees hold property for the beneficiary, with all capital and income derived from it belonging to the beneficiary by immediate and…

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Can Children Lose Out After a Prenuptial Agreement Has Been Signed?

Prenuptial agreements are not automatically recognised in family law, although the government has made noises to say that legislation may well be brought forward to make them binding. It is clearly…

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The Order of Inheritance

I am often asked what happens to a Deceased’s estate if they die without making a Will. This is called dying ‘intestate’. The order of inheritance of an estate where the deceased has died intestate…

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Speculating on Future Trusts Interests – C v C

The decision of Mr. Justice Munby in C v C ([2009] EWHC 1491) on 25 June 2009 demonstrates a distinct lack of judicial enthusiasm to deal with trusts and their assets in the context of matrimonial…

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A Guide to Trusts from a Family Law Perspective

Trusts are becoming more and more of an issue for family courts, especially with the ‘yardstick of equality’ guidelines rather than the needs-based guidelines, and anecdotally we hear from the family…

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Claims under the Inheritance (Provision for Family and Dependants) Act 1975

      Claims under the Inheritance (Provision for Family and Dependants) Act 1975       In England we are free to leave our property by Will to whomsoever we choose.  There are no rules here…

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