Contentious Probate | Mayo Wynne Baxter

Ilott v Mitson and others – Challenging a Will

Wills testament for blog

The recent case of Ilott V Mitson and others [2015] EWCA Civ 797 has upheld the challenge by a disinherited daughter to seek financial provision from the Estate of her estranged mother, but increased the award given to the daughter. This case has helped clarify the law in contentious probate and drawn the public’s attention… Read the rest of this post (No Comments)

Important Changes to the Rules of Intestacy

Estate Planning Word Cloud Concept

The rules governing the distribution of someone’s estate where there is no Will have been unchanged for almost 90 years. Family structures, have however, changed significantly and in the last few years it bas become increasingly obvious that the structure needed an overhaul. The Intestacy and Trustees’ Powers Act 2013 aims to simplify this distribution…. Read the rest of this post (No Comments)

Keep the Will up to date

One of the most famous legal cases is in fact a fictional one – Jarndyce v. Jarndyce. It features in Dickens’ great novel Bleak House and many of the book’s characters are one way or another entwined with this case. Daily many of the litigants attend the Chancery Court in person until some go mad… Read the rest of this post (No Comments)

Civil partners: The legal facts behind saying “I do”

With politicians proposing to open marriage up to same sex couples it’s worth knowing the legal and financial implications of the only option currently available – civil partnership. Civil partners have automatic rights of inheritance, but this does not mean the right to inherit everything. This depends on the value of the estate of the… Read the rest of this post (No Comments)

Sore winners in the probate court

You don’t need to understand the intricacies of our legal system to know the loser of a court case usually pays the fees. But exceptions to this rule are becoming more common as courts try to discourage “no holds barred” litigation. Many courts now penalise those who act unreasonably, even if they go on to… Read the rest of this post (No Comments)

The financial feud between the L’Oreal heirs

The assets of Europe’s wealthiest woman, Liliane Bettancourt, were today placed under the control of two of her grandchildren, whilst her personal affairs are to be supervised by just one of them. A French court ruled the 88-year old L’Oreal heiress, who has reportedly been diagnosed with Alzheimer’s disease and dementia, no longer has the… Read the rest of this post (No Comments)

Stieg Larsson unmarried partner disinherited

At the date of his death Stieg Larsson was better known in Sweden as a campaigning journalist than a best selling author.  He resembled his protagonist Mikael Blomqvist and feared the publication of his address if he married his long term partner Eva Gabrielsson as required by Swedish law.  Eva has now eloquently told of… Read the rest of this post (No Comments)

When is it “safe” to exclude family from your Will?

An initially controversial story appeared in the papers this week (Daily Mail).  Mrs Ilott who had been estranged from her mother, Mrs Jackson, for over 30 years except for a brief trial reunion over 10 years ago successfully claimed a share of her mother’s estate, despite Mrs Jackson having a  valid will which left everything,… Read the rest of this post (2 Comments)