Cross-border probate disputes are inherently complex and also have a tendency to be high-value, although as the world becomes increasingly connected, such disputes are becoming a more common feature for families across all kinds of economic groups.The recent case of Rehman v Hamid [2019] EWHC 3692 (Ch) serves as a useful reminder of the need to ensure the correct jurisdiction for a dispute arising in relation to cross-border probate issues. Rehman v HamidThe case concerned the mirror wills made by a married couple, Mr and Mrs Mukhtar Ali, in the UK on 23 February 1993. Each appointed the other as…

There are concerns that the new statutory instrument enabling Wills to be witnessed virtually during the Covid-19 health pandemic could result in a surge of problems, including the possibility of probate dispute claims.Perhaps the first challenge presented by virtually-witnessed Wills, which came into effect on 28 September 2020, is the fact that they need the physical signatures of three individuals (the Will writer (testator) and two witnesses). This can present numerous problems, particularly if the testator is writing a Will because of critical illness or serious infirmity. In such cases, there is clearly a time pressure issue, and with physical…

Following the Prime Minister’s announcement of lockdown measures on 23 March 2020, separated parents and their children were left in the position of trying to negotiate a new and complicated landscape in which they were uncertain of their rights in relation to child visitation and other important matters.However, even a close reading of the initial lockdown measures failed to provide much in the way of useful clarification. They told us that we were only allowed to leave our homes for the following reasons:Essential shopping, but as infrequently as possible.One form of exercise a day – to be carried out alone…

Figures from a leading provider of legacy information to charities, Smee & Ford, have revealed that in the UK in 2018 more than £3 billion was bequeathed to charities in Wills. There are some interesting trends: not only is the figure 50 per cent higher than it was a decade ago, it is the smaller charities who are increasingly becoming the beneficiaries. This follows a number of high-profile scandals involving larger charities – for example, Kids Company in 2015 and Oxfam in 2018.There is also the negative issue of pressure tactics applied by some of the major charities. For example,…

2019 was a challenging year for those working in the Wills and probate sector. To begin with, the government’s proposed new fee structures and regulatory changes were, after a long period of sustained and vociferous criticism, abandoned. Next, HM Courts and Tribunals Service’s restructuring of the probate registry in the form of a centralised, digitised system caused delays and backlog, leading to consternation, frustration and considerable bad press.Probate solicitors have, on occasion, borne the brunt of client frustration while at the same time having to negotiate their own way through uncertainty, change and government U-turns. This situation has been particularly…

‘If I had my way, I’d make A do X and B do Y…’ has long been a treatment proffered by layperson pundits across the land, whether discussing politics in the pub or the outcomes of legal proceedings during a dinner party.However, a man from Kansas, USA, recently sought to convert this sort of sentiment into action when he asked a court to let him engage his ex-wife in sword-to-sword combat in order to resolve their embittered and long-standing divorce arguments. Asking that they be allowed to legally resolve their disputes on the field of battle, the appellant, David Ostrom,…

Making a legally binding Will is the only way you can be assured that your estate, i.e. your money, property, investments and other assets and possessions, will be distributed in the way you wish them to be after your death. If you do not ensure that the document is legally enforceable and do not update it as and when necessary, it may unfortunately come to pass that your estate’s future does not align with your wishes. A recent High Court disputed probate case, Naylor & Another v Barlow & Others, proved illustrative of the above fact and has particular relevance…

The Government has bowed to pressure from families, taxpayer groups and probate solicitors by announcing a U-turn on its plans to increase probate fees – a move which had been branded as a “stealth tax”, a “death tax”, and an “abuse of power” by assorted critics, including MPs. There was also criticism regarding the legality of the fees, with some claiming that they were being pushed through via statutory instrument without the parliamentary scrutiny that is typically required. Furthermore, the fees were not proportional as the cost of administering a Grant of Probate does not depend on an estate’s value.Some…

According to the Alzheimer’s Society around 850,000 people in the UK have dementia, with this figure set to rise to more than 1 million by 2025 and more than 2 million by 2051. The organisation says that 225,000 people will develop dementia this year – that’s one roughly every three minutes.The possibility for a disputed Will increases when there is a mental health issue, so, it is vital for anybody with assets – no more matter how small – to keep an up-to-date Will in place so that their wishes are clear in the event of mental incapacity or death.…

The ‘Litigation and Dispute Resolution’ departments of full service legal practices in the UK will, almost universally, provide Alternative Dispute Resolution (ADR) services or at the very least they will be able to facilitate access to trained mediators.ADR has been used in the UK for many years and particularly since 1999 when the Woolf reforms gave rise to the Civil Procedure Rules (CPR). The CPR identified principles that aimed to make civil litigation quicker, fairer, more cost-effective and less adversarial for all clients, whether they be commercial clients or private individuals.It is now expected that parties to a dispute, including…