The Inheritance (Provision for Family & Dependants) Act 1975 permits certain close relations and dependants of a deceased person to make a claim against the estate in circumstances where they have not been provided for. This is an important piece of legislation as it allows the courts to interfere with...
Suffering a bereavement of a close family member is a devasting time. This difficult period can however be made all the harder to know that your loved one made a will and chose not to leave you anything in that will. If you find yourself in this situation it may...
Although there is no contractual relationship between solicitor and beneficiaries, solicitors drafting Wills should be able to foresee that if the Will contains errors, it could harm intended beneficiaries. Therefore, solicitors owe a duty of care to all parties under a will, including beneficiaries. The main consequence of solicitors drafting...
A Will has to comply with multiple requirements of the Wills Act of 1837 in order to be legitimate. To be licit, some of the requirements are: The Will must be made in writing,The Will must be made by an individual aged at least 18 years old when signing the...
Despite the importance of writing a will, research by Royal London found 54% of adults in the UK do not have a will. Understanding what the legal consequences are if you suffer a bereavement of a loved one will help provide you with peace of mind during what may already...
One of our Professional Negligence Solicitors, Gareth Jones, discusses mental capacity, what it is and how it could impact your Will. What is mental capacity? Mental capacity is the ability to make decisions and do things on your own behalf. If you lack mental capacity, you are unlikely to be...
One of our Professional Negligence Solicitors, Chris Thomson, discusses undue influence, what it is and how it could affect you. A Last Will and Testament (a ‘Will’) can be challenged in Court following the death of its creator (the ‘Testator’) on the basis that, at the time of the Will’s...