Insights

The Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) allows certain people to bring a claim against an estate. If they are successful in bringing that claim, it would gi...

Those who have been excluded from a will, or not left as much inheritance as they expected, may be able to bring a claim against the deceased’s estate for reasonable financial provision under the In...

A trustee or personal representative may find themselves engaged in litigation on behalf of the trust or estate. In those circumstances, issues can arise as to how their legal costs should be funded....

In the realm of contract law, there is a presumption that everyone can contract. However, there are circumstances in which this presumption can be challenged, such as if a person did not have capacity...

The law on capacity to enter into a contract is complex. The starting point is that the law presumes everyone can contract. However, in certain circumstances, this can be rebutted and the contract wil...

It is the duty of the executor or administrator of an estate to ensure that the deceased’s assets are secure and protected. This includes any property that the deceased owned prior to their death....

An insolvent estate is where someone dies and there is not enough money in their estate to pay off their debts. Essentially, it’s where the liabilities exceed the assets. If an estate is insolven...

Unfortunately, we are seeing more and more cases where elderly persons have lost monies through fraud. The elderly are often targeted because they are vulnerable and reliant on others to help them, so...