Solicitors Blog | Allan Janes

I Ain't Saying She A Gold Digger: A Guide to Predatory Marriage

April 25th 2024 | contested probate

It's not often I quote Kanye (not after what he did to Taylor Swift) but as predatory marriage cases become increasingly prevalent, it seems appropriate. It isn’t that predatory marriage hasn’t existed for a long time – it has – but with the increasing number of contentious probate claims, it read more...

Should I Get More Inheritance Because I Cared For My Parents?

April 17th 2024 | contested probate

It is not uncommon that when I am instructed in relation to a contested probate claim, particularly in cases where the parties are siblings, that the question of care might arise. Often this is a highly emotive topic where one sibling feels they did more than their ‘fair share’ of read more...

1975 Act Claims: Cohabitees and Short Marriages

March 19th 2024 | contested probate

In our series of article about 1975 Act claims, we have already considered the position of both adult and minor children of the deceased. The other most common claimants in 1975 Act claims are cohabitees and spouses. The position of a long term spouse is generally clear: they are entitled read more...

1975 Act Claims: Adult Children

March 13th 2024 | contested probate

In our previous blog , we discussed the position of minor children in bringing claims against the estate of a deceased person. Claims by children generally mean claims against the estate of the deceased’s child or a ‘child of the family’ e.g. stepchildren. This blog discusses the position of adult read more...

1975 Act Claims: Claims on Behalf of Minor Children

March 5th 2024 | contested probate

As set out in a previous blog , 1975 Act claims are claims for reasonable provision from a deceased person's estate. It is not uncommon that those bringing such a claim would be a child – or more accurately an adult litigation friend representing the interests of a minor child read more...

1975 Act Claim: It's All In The Timing

February 13th 2024 | contested probate

In our previous blog we discussed the case of Archibald v. Stuart and another . The case, in case you haven't been following along with this thrilling series of blogs, concerns Neil and Julie. Julie, in particular has had a very difficult time of things. Firstly, her in-laws have passed read more...

1975 Act Claims: Can You Claim Against Your In-Laws Estates?

February 6th 2024 | contested probate

Claims under the Inheritance (Provision for Family and Dependents) Act 1975 – or as they are often called Inheritance Act claims, or 1975 claims – are claims that a deceased person has failed to make reasonable provision for the applicant in their will or that reasonable provision has not been read more...

Why Has There Been An Increase In Inheritance Disputes?

January 24th 2024 | contested probate

A recent report by the Times has shown that court cases relating to disputed wills have increased by over 34% since 2017 and by more than 140% in the past decade. However, these figures should be taken with a pinch of salt as this only represents the disputes that end read more...

Cancel Culture: When is a Will Revoked?

November 7th 2023 | contested probate

What is revoking a will? Cancelling or revoking a will is a common practice. Most people will make several wills in their lifetime to reflect their changing wishes as their circumstances and assets change or perhaps to reflect updates to the relevant tax regime. It is almost always prudent to read more...

Dealing with Difficult Estates: Part 6: Dealing with Difficult Beneficiaries

June 30th 2023 | contested probate

In our previous blogs we discussed whether professional executors are required, what the role of executor entails, when lay executors should consider taking advice , what an executor should do if they can’t or don’t want to act , and what to do if you don’t understand the will . read more...

Dealing with Difficult Estates: Part 5: What to do if You Don’t Understand the Will

June 29th 2023 | contested probate

In our previous blogs we discussed whether professional executors are required, what the role of executor entails, when lay executors should consider taking advice , and what an executor should do if they can’t or don’t want to act . However it may be that in difficult or complex estates, read more...

Dealing with Difficult Estates: Part 4: What If An Executor Doesn’t Want to Act?

June 28th 2023 | contested probate

In our previous blogs we discussed whether professional executors are required, what the role of executor entails, and when lay executors should consider taking advice . Having considered their obligations and the time involved in administering an estate (particularly one which is complex or difficult), it would be perfectly understandable read more...

Dealing with Difficult Estates: Part 3: When Should An Executor Seek Professional Advice?

June 27th 2023 | contested probate

In our previous blogs we discussed whether professional executors are required, and what the role of executor entails]. In difficult estates i.e. complex, high value estates containing business or foreign assets, where there is a dispute of the estate, estates involving trust structures, or estates where the documents are unclear, read more...

Dealing with Difficult Estates: Part 2: What Does An Executor Do?

June 26th 2023 | contested probate

Executors duties The first thing of which you need to be aware is your obligations as an executor. Even if you are a layperson, the position of an executor is a position of a trustee. You are holding money on behalf of someone else and therefore you have certain duties read more...

Dealing with Difficult Estates: Part 1: Do You Need Professional Executors?

June 23rd 2023 | contested probate

Being an executor is a difficult job, and when writing a will you need to think carefully about whether your chosen executors will have the time and skills necessary to administer your estate. It is not a requirement that you must have a professional (e.g. a solicitor) administer your estate read more...

What To Do If You Have Been Left Out of a Parent’s Will

June 21st 2023 | contested probate

In the UK, we have the intestacy rules which say what will happen to your estate if you die without leaving a will. There is a set order of priority in which people will inherit your estate. The intestacy rules are complex but in brief: If you die leaving a read more...

Can We Fix It? Rectifying Mistakes In Wills

April 27th 2023 | contested probate

It is a fact of life that mistakes happen. However some mistakes are bigger than others and mistakes made by professionals drafting wills can have disastrous consequences. Sometimes, the only solution is a claim in negligence but on occasion mistakes in wills can be fixed. Mistakes discovered during your lifetime read more...

When Is A Will Invalid?

April 20th 2023 | contested probate

In England and Wales the general rule is that you are free to decide how you would like your estate to be distributed after your death, and you can direct that distribution by making a will. However, when making a will (and after) there are some formalities which need to read more...

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...

“Devastavit”: Claims Against Personal Representatives of an Estate

October 17th 2022 | contested probate

I love learning new words. When I first heard someone say the word "Devastavit", I thought they were making it up. Turns out, it is a real word, meaning ‘laid waste’ and describes a type of claim that beneficiaries can bring against someone who is administering an estate - 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 2: How To Remove Executors and Trustees –– The Procedure

December 23rd 2020 | contested probate

Please see Part 1 for the law and criteria the Court will consider on an application to remove an executor or trustee. This article is Part 2 and focuses on the procedure, which can be highly technical. Part 8 Applications to remove a trustee or PR are made by the 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...

Poisoning of the Mind? Contesting Wills over Testamentary Capacity

June 8th 2020 | contested probate

In this recent High Court case, the Judge had to decide whether either of the Deceased’s two Wills were valid on the basis of whether she had sufficient testamentary capacity, and/or whether the Wills resulted from the ‘poisoning of her mind’ by her son. It might seem strange that there 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...

Over My Dead Body: Why 12.6 Million Brits Would Challenge A Will

April 20th 2020 | contested probate

Around 20% of the nation would challenge a will of a loved one if they felt it was not fair. Even when someone’s wishes are clear and current, more than 12.6 million Britons would go to court to challenge them if they felt the division of assets was inappropriate, according 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...