Estates disputes

NEW ZEALAND SOLICITOR/EXECUTOR CAUSES MISTAKE WHICH LEADS TO COURT PROCEEDINGS – IS HE LIABLE FOR THE COSTS?

In Crawford v Phillips [2018] NZCA 351, the New Zealand Court of Appeal decided that, notwithstanding one of the executors of an estate may have made a mistake which led to the litigation, all costs should be paid from the … Continue reading

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Filed under Estates disputes, New Zealand

English High Court finds son entitled to family farm based upon proprietary estoppel

In Thompson v Thompson [2018] EWHC 1338, the High Court in London ruled in favour of a son who sought a declaration based on proprietary estoppel that would entitle him to inherit the family farm upon the death of his … Continue reading

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Filed under Estates disputes, London, Wills

New Zealand Court of Appeal grants reverse summary judgment in claims for dishonest assistance against solicitor

In McKay & Ors v Sandman [2018] NZCA 103, the New Zealand Court of Appeal granted a claim for summary judgment in relation to claims brought on the basis of alleged dishonest assistance. We consider this case further below.

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Filed under Estates disputes, New Zealand

REASONABLE FINANCIAL PROVISION CLAIM TRUMPS FINAL WILL EXCLUDING COHABITANT FROM THE ESTATE

The High Court of England and Wales has upheld a claim by a cohabitant of 42 years under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision, despite her being expressly written out of the deceased’s … Continue reading

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Filed under Estates disputes

English Court considers grounds for out of time claims for financial provision from estates

In a recent decision, Sargeant v Sargeant [2018] EWHC 8 (Ch), the English High Court considered the circumstances in which the English Court will grant permission for out-of-time applications for financial provision from a deceased’s estate under the Inheritance (Provision … Continue reading

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Filed under Estates disputes, Private wealth and trusts, Wills

“Dishonesty at its highest level and gravity” – when solicitors commit offences against client estates

This blog post will consider a number of recent cases in England where solicitors have been convicted of offences or struck off the register for misappropriating client funds from deceased estates. These shed light on the surprising levels of abuse … Continue reading

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Filed under Estates disputes, Trust disputes

Ilott v The Blue Cross and others – testamentary freedom and financial provision for family members around the common law world

On 25 April 2017 Richard Norridge, Joanna Caen and Gareth Keillor delivered a webinar on the state of the law relating to testamentary freedom and financial provision for family members following the landmark English Supreme Court decision in Ilott v … Continue reading

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Filed under Australia, Estates disputes, Hong Kong and Singapore, London, Private wealth and trusts

Upcoming webinar – Testamentary freedom – alive & well? Lessons from the UK Supreme Court and across the common law world

On Tuesday 25 April 2017 (9.30am – 10.30am BST/4.30pm – 5.30pm HKT), Richard Norridge, Joanne Caen and Gareth Keillor will deliver a webinar for Herbert Smith Freehills clients and contacts looking at developments in relation to testamentary freedom. The recent decision of … Continue reading

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Filed under Estates disputes, Private wealth and trusts

Wills interpreted according to their ordinary and natural meaning despite this not reflecting testators’ intention

The English High Court has recently held that, in a case concerning construction of Wills, the ordinary and natural meaning of survivorship clauses should be given effect to.[1] This operated to mean that certain beneficiaries under the Wills of a … Continue reading

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Filed under Estates disputes, London

Widow removed as administratrix after persistent breaches in administering the estate

The Hong Kong Court has recently ordered the removal of an administratrix, who was the widow of the deceased, after finding she had misappropriated and converted the estate to her own use, repeatedly breached Court orders and had failed to … Continue reading

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Filed under Estates disputes, Hong Kong and Singapore, Private wealth and trusts