An important probate case this summer, Keeling v Keeling, demonstrated the unwillingness of the courts to believe in so-called “deathbed gifts” without the credibility provided by the presence of a bona fide Will or, failing that perhaps, reliable and impartial witnesses.The case concerned the alleged deathbed gift of a 91-year-old woman who, according to her 86-year-old widower brother, gifted him her £900,000 house in Westhampnett near Chichester during her final days.In throwing out the widower’s claim, Judge Charles Hollander QC, reprimanded him for what he said amounted to a “shameless sense of entitlement” which had led him to “ride roughshod”…

There are many reasons why couples decide to draft pre or postnuptial agreements: to protect family property and inherited wealth, to address any major change in financial circumstances, or to set out parameters for potential settlement figures if one party’s wealth far outweighs that of the other at the outset.Fear of infidelity may not usually be spoken about openly as a motivation for couples drafting prenuptial and postnuptial agreements, but it is undoubtedly a factor for many who fear the pain, shame and betrayal of having their spouse embark on an extra-marital affair only to be then left with an…

The case of Green v Adams [2017] EWFC 24 serves as a useful illustration of the application of family law in regard to capital provision for children of parents who have separated and are no longer living together.The case was begun on 5 April 2013 when the mother of a 16-year old boy made plain her desire to seek an additional capital sum to pay for a replacement car, travel expenses for her child, and miscellaneous capital expenses, including a new laptop for the child, and for periodical payments. This claim was made under Schedule 1 of the Children Act…

Oratto, the legal services website that matches consumers to the right lawyer for their particular needs, has launched a fixed-fee probate quote engine which provides consumers with the ability to compare quotes for probate. Customers could save four figure sums on probate fees and, crucially, are empowered to find the solicitor who is right for their particular situation.With the launch of its fixed-fee probate quotation system, Oratto offers consumers with unprecedented level of ease, efficiency and pricing transparency when finding and comparing quotes for fixed-fee probate services. The process is simple to use and, once the detailed but quick-fire questionnaire…

An undertaking is a promise to the Court that you will, or will not, do something.  Undertakings are useful to use when the Court cannot order that you take a certain action.  For example, the Court cannot order the mortgage company to release your Husband or Wife from the mortgage.  You can give a promise to do everything you can to release the other party from the mortgage and, until recently, it was thought that this was a pretty safe way of ensuring that the Wife could stay in the property, paying the mortgage, and the Husband would be discharged…

One of the most significant and traumatic awakenings we all experience is the childhood realisation that we have no choice about the inevitable: all that lives must die. However, while death is unavoidable this shouldn’t mean that we have no choice about how we die and how our passing is handled.The experience of many bereaved people can be disappointing at many levels: from concern over financial issues, such as fees and costs for probate and funerals, to more intangible aspects such as the level of service received from agencies handling the death and feelings of disempowerment.But the aftermath does not…

An interesting Wills and probate case is developing involving several of the UK’s leading animal charities — Friends Of The Animals, Dogs Trust, World Animal Protection, and Heart Research UK.The case centres on the disputed estate of a woman called Tracey Leaning who died in 2015 at the age of 54. The plank concerns the validity of Ms Leaning’s Will, with the animal charities claiming that her second Will, made shortly before her death, is invalid because her signature was written on a second piece of paper that was not stapled to the first (although both sheets of paper which…

A new-look divorce petition was unveiled this week, which will take effect from 7th August and be the only version used as of 4th September. The electronic version will not be available on Gov.Uk until 7th August and, therefore, any attempts to submit a petition using the new version before that date will be rejected by the Courts.The revised petition is obviously designed to ensure a smooth transition to the online divorce process, but it will also provide litigants with a much clearer and plainly worded document.  The new version is longer – some 15 pages to the previous eight;…

How you can get through the challenges of Christmas with children following a divorce.Perhaps no other time of the year is quite as conflicted and confusing for a divorced parent as Christmas, especially the first one after relationship breakdown.Whether the children are celebrating the season with you or with your former spouse, the mere fact of Christmas with all its logistical, symbolic and sentimental challenges can easily leave you feeling overwhelmed, embittered or regretful.Yes, it’s all too easy to turn on the television to see all the studio-lit, happy families of Christmas movies and feel like you are the only one…

Probate is one of those legal processes that almost everyone will need to negotiate at some time in their lives. Unfortunately, the complexity juxtaposed with necessity can leave the legal services consumer feeling trapped – in desperate need of assistance at a difficult time but dissatisfied and disempowered by the options presented before them.Above all, at a time of grief and uncertainty, with all the emotional and familial difficulties that may emerge, the client is likely to want and need clarity regarding who is providing them with a probate service, how much it will cost, and just what it will…