Inheritance, will & trust disputes

Removing a difficult trustee

Our firm’s trust corporation is one of the trustees of a discretionary trust set up by the settlor, i.e. the person who set up the trust during her lifetime, in favour of her adult children.

Dealing with Difficult Beneficiaries

A case study demonstrating how we can assist Executors to administer the estate when faced with belligerent beneficiaries.

Promises, properties, debts and disappointments

Our client was the widow of the Deceased. The fact of our client’s marriage to the Deceased had the unintended result of invalidating his Will.

Dealing with a lost or missing will

In order to obtain a grant of probate, the deceased’s original will must be lodged at the Probate Registry alongside the probate application. There are occasions when the original will is not available which adds an additional layer of complexity.

Dispute between siblings regarding worldwide estate of property-owing father

We had to carefully consider what the deceased’s worldwide assets comprised of and in particular what would pass under the intestacy rules of England and Wales an advise accordingly.

“Being cut out of a parent’s will”

We advised an adult child of the deceased who had been inadvertently excluded from her father’s will.

Don’t make empty promises…

We recently acted for the wife of a deceased who died in 2012. His last will was signed shortly before his death, and left his entire estate to his wife, our client. The executors of the deceased’s estate were our client, their son and a close family friend. 

Marriage revokes a will

We represented a client who had prepared a homemade mirror will with his partner, i.e. they left everything to the survivor when the first partner passed away. They had a long period of cohabiting but never married. However, the female was diagnosed with terminal cancer and the couple, who were in their later life, decided to marry to enjoy the end of their lives as husband and wife. What they were not aware of was the fact that marriage revokes a will. Had the wills been drafted by a solicitor or will-writer, they would have been advised of this and could have then made new mirror wills upon their marriage.

“Common law marriage”

We acted for a lady whose partner died following a short illness. They owned a property together and had been in a relationship spanning 20 years. The couple had never married and always believed that their estates would pass to each other regardless. However, the concept of “common law marriage” is a myth.

COVID-19 – As lesson for the Next Generation

As restrictions begin to ease this week and things gradually start returning to normal (or the new normal as it is being dubbed), it is important for people to remember what the last 14 months have taught us, particularly in relation to the next generation and how life, at any unexpected moment, can throw a curveball which means that it is all the more important for today’s next generation to have their estate planning affairs in order.

“Are mental capacity and capacity to make a will not one and the same?”

What we in the profession call “testamentary capacity”, many of my lay clients refer to as “ability” or even “the right to make a will”. 

What is a Discretionary Trust?

Surprisingly, this comes up fairly frequently when advising clients about their wills.

Hidden benefits of Trusts

Amy Lane answers will related question.

The importance of correctly naming charities when leaving legacy gifts

A recent High Court judgement has highlighted the importance of ensuring that great care and attention to detail is taken when drawing up a will which includes legacy gifts to charities, as this article explores.

Trusts during the pandemic – are trustees running a greater risk?

Answering key questions about the probate process during the coronavirus pandemic

The probate process can be difficult and emotional at the best of times. With the country on lockdown due to the coronavirus pandemic, many are increasingly concerned about how to proceed with the matters arising following a death.  

The Digital Age? Electronic signatures and valid execution of documents

The introduction of social distancing measures following the outbreak of Covid-19 has seen the majority of the UK workforce shift to working from home.

Estate Planning in the time of Coronavirus

Possible will issues as a result of COVID-19

The legal profession is currently facing unprecedented challenges due to the coronavirus situation, which is fast moving and having far reaching effects on the world as we know it. 

What happens if you die without a will?

According to a recent survey, 68% of UK adults do not have a will. When someone dies without a will they are considered as passing away intestate.  Contrary to what many believe, in these circumstances an estate cannot just be divided how the family wishes or how the family feels the deceased would have wanted – instead the intestacy rules apply.

Making a will, key considerations

One of our lawyers Amy Lane recently shared her thoughts on the importance of making a will with leading lifestyle publication SheerLuxe https://sheerluxe.com/2020/01/20/when-how-and-why-you-should-draw-will.

Why probate is only the first step in managing someone’s estate

When someone dies it can be a difficult time for family or friends who are left to deal with the deceased’s estate. At Thomson Snell & Passmore we aim to help the bereaved due to our joined up and client centric approach.

A costly reminder: The importance of ADR

An almost century-old law has been used in an interesting inheritance case, in which the court had to decide which spouse of an elderly couple died first.

The inheritance battle over which parent died first

Monika Bryska comments on an inheritance battle article.

Domicile And Disputed Wills - The Impact Of Social Media

A case involving the French entertainment star has highlighted the role social media can play in swaying decisions about domicile for the purposes of contested wills.

Probate: frequently asked questions

Dealing with probate can be extremely stressful, particularly if the estate of the deceased is not straightforward. Our specialist lawyers are experienced in all aspects of probate matters and can support you as much, or as little, as you like.

Bare Trusts

Declarations of Trust

Discretionary Trusts

Domicile

Life Interest Trusts

Life Interest Trusts in Wills for Spouses or Civil Partners

Our Bereavement Guide

Trust types - a key features guide

Trustees duties and powers