Challenges to the validity of wills: reminders from recent decisions

There are an increasing number of challenges to the validity of wills alleging lack of testamentary capacity or insufficient knowledge and approval. By DARRYL BROWNE.

By - 8 min read

Making enduring powers of attorney: practical tips

Ensure clients understand the real life impact and full scope of enduring powers of attorney. By JEN MCMILLAN.

By - 5 min read

An international will or a will in each jurisdiction?

The international wills regime is intended to harmonise and simplify the proof of formalities of wills executed in signatory countries. By CHRISTINE SMYTH and KATERINA…

By and - 6 min read

Life tenants, remaindermen settled estates and insurance

Wills and settlements should clearly state insurance obligations. By WILLIAM V. WINDEYER.

By - 6 min read

Duty of care to prospective beneficiary under a will? Badenach v Calvert

A solicitor approached to draft a will does not always owe a duty of care to a prospective beneficiary. By ABBEY BURKE.

By - 5 min read

Life estates and personal rights of residence

When construing a will, attention should be given to the whole of the will to ascertain the testator’s intention. By DARRYL BROWNE.

By - 5 min read

Executors: when duty and personal interests conflict

An examination of the key authorities demonstrates that the Court places great weight on a testator’s appointment of an executor and trustee and will not…

By - 11 min read

Blended families: recent trends in family provision claims

The contest between the deceased’s obligations to a second wife or husband and obligations towards adult children by the first wife or husband is familiar…

By - 6 min read

Solicitor’s liability to estate beneficiaries

Ensure your client has capacity; consider an informal will in appropriate cases. By PETER MORAN and TOBY BLYTH.

By and - 4 min read

Benjamin orders and the proof or presumption of death

The question of how to deal with missing beneficiaries continues to arise in wills and estates cases. By DARRYL BROWNE.

By - 5 min read