Fiduciary Duty Claims | Lawyers, Solicitors London (2024)

All this will one day be yours; proprietary estoppel continuing to make headlines

This weekend, the national press has reported on another bitter inheritance dispute, this time centred on a strawberry farm.

Trust and Estate Disputes Quarterly Round-Up: April - June 2024

This contentious trust and probate litigation round-up provides a summary of a cross-section of reported decisions handed down in the courts of England and Wales in the period April 2024 - June 2024.

Making a will following a diagnosis of dementia and avoiding validity challenges

It is sometimes assumed that a will cannot be valid if it was made by a person who suffers from dementia. However, many people retain capacity to make a will for a significant period following their diagnosis.

Dying matters week – A day in court is not always the best option

The last thing someone usually needs when dealing with the death of a loved one is to face a legal dispute involving members of their family. Further, the prospect of family members in conflict is unlikely to be what anyone wants to happen after they pass away.

When the administration gets tough, the independent administrators get going

Appointing an independent administrator is often a good option when considering the administration of an estate; importantly, it should allow all beneficiaries to feel confident that the estate has been dealt with neutrally and in a professional manner.

Probate claims – the rules still apply

Civil litigation must be conducted according to the procedures and time limits set out in the Civil Procedure Rules. These rules, which are regularly updated, make up a procedural code whose overriding aim is to enable the courts to deal with cases justly. The rules set out in detail how a case is to be conducted in the civil courts in England and Wales and all parties to litigation, whether they are represented by solicitors or not, are expected to comply with them.

Last month, The Court of Appeal delivered an important costs judgement which has the potential to significantly impact how beneficiaries can challenge solicitors’ fees in contentious trusts, probate, private wealth and estate proceedings.

The rise in inheritance tax investigations by HMRC

HMRC recovered a record £326million following investigations into underpayments of inheritance tax in the year ending March 2022. Perhaps unsurprisingly in light of these figures, it seems that HMRC have continued their focus on inheritance tax investigations since then.

Financial abuse: A growing global problem

The issue of financial abuse is growing, particularly in respect of older people. Financial abuse involves the unauthorised and improper use of the assets of a vulnerable person, and can include theft, coercion, fraud or the misuse of powers by third parties in a position of trust.

Trust and Estate Disputes Quarterly Round-Up: October - December 2023

This contentious trust and probate litigation quarterly round-up provides a summary of a cross-section of reported decisions handed down in the courts of England and Wales in the period October 2023 - December 2023.

What happens if a will has been made but can no longer be found? Exploring the presumption of revocation

One enquiry that we frequently receive is that, although the enquirer is certain that the deceased wrote a will, it cannot be located (or a will has been produced that they do not believe to be the most recent version).

Law commission considers wills and predatory marriage – does the law need to change?

The Law Commission’s consultation in which it has sought views on whether marriage should continue to revoke a will in light of concerns regarding predatory marriages, closed on 8 December 2023.

Disputing a will of an illiterate testator

A will dispute in the High Court concerning an illiterate testator has received a lot of media attention recently. The deceased’s three eldest children are said to be contesting his will on the basis that it was a mistake that they had been disinherited because their father could not have read his will.

Contentious Trust and Probate Summer Round-Up 2023

This contentious trust and probate litigation summer round-up provides a summary of a cross-section of reported decisions handed down in the courts of England and Wales in the period June 2023 - September 2023.

Tricky trustees and how to deal with them

Trust structures provide fertile ground for disputes, particularly those that are familial in nature.

Undue influence claims on the rise

We are continuing to see an increasing number of cases involving undue influence and last week another judgment was handed down in the case of Jones v Jones [2023] EWHC 1457 (Ch).

What are the implications of poor investment decisions for attorneys and deputies?

When an individual makes an unsuccessful investment decision using their own money, the consequences may be limited to financial losses. However, for an appointed deputy or attorney responsible for managing the financial affairs of an individual who lacks capacity, a poor investment decision can have more serious ramifications.

Dealing with bodies after death – are there any limits? PeTA founder’s unusual body part bequests

When a person dies their personal representative (“PR”) is entitled to take possession of the body for the purpose of carrying out their duty as a PR to lawfully and properly dispose of the body.

The Leonard Cohen forged trust lawsuit – The lessons

Trust and estate disputes are increasingly commonplace, especially in the HNW community where there are complicated family relationships in play and/or the relationship between trustees or trustees and beneficiaries has broken down.

The clearest possible case for an Inheritance Act claim by a surviving spouse

In a case decision ironically handed down in the wake of Valentine’s Day last week, a widow who was left nothing in her husband’s will following a 66-year marriage, was successful in pressing for her fair share of his estate.