Category Archives: Probate

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Court Funds Office and Probate

ProbateBy Tim Murden 23 May 2018

The Court Funds Office is the Government Department that holds funds on behalf of someone, under a Deputyship. If a person dies and has had their affairs managed by the Court Funds Office (CFO ) then there is a specific procedure to be followed to release assets held. Firstly, the CFO will need to be…

Undue Influence when contesting a will

Contesting a will, ProbateBy Tim Murden 6 March 2018

If a will is to be challenged on grounds of undue influence, there are two important features :- i) There is never any presumption of undue influence and ii) The Person alleging undue influence has the onus and burden of actually proving undue influence Given the above factors, it is never easy to actually prove…

Most Common Grounds to Contest a Will

ProbateBy Tim Murden 27 February 2018

With will disputes at a record high, we are frequently asked the question, how do you challenge a will ? in our experience the most common grounds are as follows :- making a claim under the Inheritance Act 1975, for reasonable financial provision alleging the will is invalid as the testator ( the person making…

TM Solicitors act in Landmark DNA Court of Appeal Case

ProbateBy Tim Murden 8 February 2018

In a landmark court ruling the Court of appeal has ordered that a deceased persons DNA can be used to test for paternity for the very first time. The Court heard that the facts in the case of Spencer –v- Anderson were described by the original trial judge Lord Justice Jackson as unusual. Mr William…

Grant of Representation That Has been Resealed

ProbateBy Tim Murden 4 September 2017

If you are an Executor or Administrator of an estate in which the deceased died outside the UK, how do you collect UK assets ? Very often the Executor of the overseas grant will simply send a copy of the probate or inheritance document that has been issued overseas, believing this to be sufficient to…

Help Contesting a Will ?

ProbateBy Tim Murden 27 June 2017

If you have been left out of a will or cut out of a will, what do you do and who can provide you with help ? The short answer is that you immediately need to seek expert legal advice from a lawyer experienced in contesting wills. Knowing where to start is often difficult however…

Probate Deadlines

ProbateBy Tim Murden 13 June 2017

A frequently asked question is whether there is a deadline for applying for probate ? In summary the answer very much depends upon the value of the estate. If inheritance tax is payable by the estate, then the rules provide that a full inheritance tax return ( an IHT form 400 ) must be filed…

Applying for Probate if you live outside the UK

ProbateBy Tim Murden 9 May 2017

Obtaining probate in the UK can be time consuming and complex if you live outside the UK and for this reason it is always sensible to seek legal help. As a firm that helps lots of overseas executors and administrators with probate in the UK, we typically find that the following questions often arise :-…

Missing beneficiaries what can executors do ?

ProbateBy Tim Murden 25 April 2017

The Executors legal duty is to distribute the estate according to the terms of the will. This sounds straightforward, but what happens if one of the beneficiaries is missing ? An executor must ensure that he or she undertakes all reasonable steps to finding a missing beneficiary, given this what are options ? Instruct a…

Landmark Will Dispute Case of Ilott -v- Mitson

ProbateBy Tim Murden 15 March 2017

Very rarely does the Supreme Court ever decide on will dispute cases, but today the long awaited Judgment of Illott -v- Mitson was handed down. The background to the case The facts of the case maybe briefly summarised. Mrs Jackson died in 2004, under the terms of her will she left the majority of her…

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