The High Court in Lane v Lane clarifies when executors can be removed, emphasising that beneficiary interests are paramount and warning executors about personal costs liability for misconduct.
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Electronic Wills and the Future of Estate Planning: Law Commission Proposes Revolutionary Changes
The Law Commission’s May 2025 report proposes revolutionary changes to will-making including electronic wills, ending automatic revocation on marriage, and allowing wills from age 16.
Winter v Winter: Court of Appeal Upholds Proprietary Estoppel Claims in Family Farming Dispute
The Court of Appeal in Winter v Winter confirms that devoting your working life to a family farm based on inheritance promises creates valid proprietary estoppel claims, even without proving specific alternative opportunities foregone.
Rea v Rea: Court of Appeal Raises the Bar for Undue Influence Claims
The Court of Appeal’s decision in Rea v Rea [2024] EWCA Civ 169 has fundamentally reshaped undue influence law, establishing that such claims are “inherently improbable” and require proof that coercion is the most likely explanation for a will’s contents.
Leonard v Leonard: High Court Confirms Banks v Goodfellow Test for Testamentary Capacity Remains Supreme
The High Court in Leonard v Leonard [2024] EWHC 321 (Ch) has definitively confirmed that the Victorian-era Banks v Goodfellow test remains the sole standard for assessing testamentary capacity, rejecting suggestions that the Mental Capacity Act 2005 should replace it.
Langley v Qin: Successful Challenge to Predatory Marriage and Will in Landmark Undue Influence Case
The Central London County Court’s decision in Langley v Qin (2024) represents a significant victory for families facing predatory marriages,…
Oliver v Oliver: High Court Finds Both Lack of Capacity and Undue Influence in Rare Double Ruling
The High Court’s decision in Oliver v Oliver [2024] EWHC 2289 (Ch) represents a relatively rare instance where a court…
Davies v Watts: Medical Conditions Don’t Automatically Invalidate Testamentary Capacity
The High Court’s decision in Davies v Watts [2024] EWHC 1177 (Ch) provides important guidance for contentious probate practitioners and…
Financial Exploitation Through Power of Attorney: A Growing Crisis
Recent investigations have exposed disturbing patterns of financial exploitation through the misuse of Lasting Powers of Attorney (LPA), revealing systematic…
Increase in Probate Fees from May 2024
As of May 2024, the fee for applying for a Grant of Probate in England and Wales has risen from…