Contentious Probate Claims: Who Pays The Costs?

March 7th 2023 | contested probate

It seems to be a common misconception that in contentious probate claims, all parties have their costs paid from the estate. This simply isn't correct. The matter of whose costs are paid and from where is a complex one, and will often vary case to case. Executors Executors should generally read more...

What's Yours is Mine?

February 17th 2023 | contested probate

We have particular expertise at Allan Janes in estate litigation of all varieties. By far the most common claims though occur under the Inheritance (Provision for Family & Dependants) Act 1975 when (usually) a spouse or child has been left out of the Will, or have otherwise not received reasonable read more...

Can You Inherit The Estate Of Someone You Have Murdered?

January 25th 2023 | contested probate

In England and Wales the general rule is that your estate will go to whoever you wish if you have written a will or will pass under the terms of the Intestacy Act if you have not prepared a will. However there are exceptions to this. One of those exceptions read more...

Is A Breach of Executors' Obligations A Crime?

December 12th 2022 | contested probate

I, for one, love a Daily Mail sensationalist headline, but as a lawyer often find the reporting of legal matters can seem misleading.  The recent article entitled “Brother and sister have their uncle JAILED for failing to hand over the £237,500 left to them in their grandmother's will” is a read more...

How Can I Contest A Will?

September 27th 2022 | contested probate

It is an unfortunate fact of life that a person’s death can often lead to disputes over their estate, and there are a number of challenges which might be made to a will.  From the extreme example of a forged, doctored, or fraudulent will, to one which is improperly signed, read more...

“All I want for Christmas is a New Trustee” – Part 1: How To Remove Executors and Trustees – the Court’s powers

December 21st 2020 | contested probate

Executors or personal representatives of a deceased person’s estate are responsible for settling debts of the estate, calling in any loans, realising any property or shares, paying tax and paying distributions to the beneficiaries. They have all sorts of duties to look after the estate as trustees, administer it promptly, read more...

Friends with Benefits: Inheritance Dispute Update

May 13th 2020 | contested probate

Firstly, I should say that this case law update isn’t quite as racy as the title suggests. Promises as to who is to inherit farmland are usually amongst family: "One day, son, all of this will be yours" - you get the idea.  But the High Court has recently seen read more...

8 Signs That Your Estate is Likely to be Contested

December 12th 2019 | contested probate

Estate administration is a curious beast. On the one hand it is a legal exercise which can often involve complex issues of taxation and succession (amongst others). On the other, it is a deeply personal process that often carries huge significance for both the person carrying it out and the read more...
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