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Syder v Saladino & Ors: Myerson Solicitors Secures £45,000 Provision for Estranged Spouse in High Court Inheritance Case
Myerson Solicitors are proud to share that we have successfully acted for a Claimant in seeking reasonable financial provision from her estranged husband's estate under the Inheritance (Provision for Family and Dependants) Act 1975 . District Judge...
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Neate v Heselden: In Media-Highlighted Case Myerson Solicitors Secures Court’s Confirmation of Will Validity
Myerson Solicitors has successfully defended a client in the high-profile contentious probate case Neate v Heselden, which had attracted media attention, appearing in The Telegraph , Mail Online , The Times , The Mirror and more, due to its unusual...
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Blog
The Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”)
Claimants who wish to bring a claim under the Inheritance Act must do so within six months of the date of the Grant of Probate or Letters of Administration. If the Grant has been extracted, the six-month date by which to bring a claim can be...
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Blog
Husband of Heiress who Drowned in Denmark Cottage Pool Blocked from Inheriting £4 Million Fortune
In a recent case, a High Court judge has ruled that Donald McPherson unlawfully killed Paula Leeson by drowning her in the pool of their holiday cottage in an attempt to gain access to her £4.4 million estate. Our Contentious Probate Solicitors...
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Newsletter
Myerson Magazine Autumn 2024 Issue
Discover a selection of insights and legal expertise within the pages of our latest Magazine. This covers a wide range of private client topics such as: Employment - What Are Labour's Employment Law Changes & When Will They Happen? Wills, Trust...
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How to Remove an Executor From A Will
What can be done if the Executor of a loved one's estate is not handling the estate assets properly? Our Contentious Probate Solicitors explain the legal process for removing an Executor who fails to properly administer a deceased person's estate...
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Am I Legally Entitled to an Inheritance?
The inheritance laws of England and Wales are complicated, with many rights based on laws established years ago. Understanding what rights you have can be hard to navigate, especially at a difficult and emotional time. Our Contentious Probate...
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News
Myerson Solicitors Secure Prestigious Chambers and Partners Ranking in The 2024 High-Net-Worth Guide
Myerson Solicitors are thrilled to announce that it has yet again secured the rank of Band 2 in the esteemed Chambers and Partners 2024 High Net Worth Guide for both Private Wealth Law in Manchester and surrounds, and Private Wealth Disputes in the...
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The Court of Appeal overrules the High Court decision on undue influence in Rea v Rea
Where someone has made a Will, it can be challenged if it was produced as a result of "undue influence" by one of the beneficiaries. Our Contentious Probate lawyers explore a recent decision in a case called Rea v Rea which demonstrates how these...
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Newsletter
Myerson Magazine Summer 2024 Issue
Explore a wealth of insights and legal expertise within the pages of our latest Magazine. In this edition, you can also take advantage of our exclusive Myerson discount for 'The Brit Fest' tickets! Articles in this issue include… Wills, Trusts...
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Blog
Coronation Street's Inheritance Secret
Coronation Street fans will no doubt be aware of the ongoing storyline regarding a recently discovered Will of Archie Shuttleworth (played by the late Roy Hudd). In 2018, Archie's son, George Shuttleworth (played by Tony Maudsley), had been left...
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Cut Out Of A Will In Favour Of The Family Dog?
It is well known that Britain is a nation of animal lovers, with 53% of UK adults owning a pet in 2023. As pets become cherished family members, increasing numbers of testators are considering their welfare when preparing Wills. Our contentious...
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Am I Entitled to See Any Documents Relating to a Relative’s Will?
Under English law, a person is allowed to choose who benefits from their estate and how. However, there are certain safeguards – if a person who lacks mental capacity or is subject to undue influence attempts to make a Will , then it can be...
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Newsletter
Myerson Magazine Spring 2024 Issue
Discover a wealth of insights and legal expertise within the pages of the Myerson Magazine. We're also bringing you an interview with Kim Wilde, one of the headliners of The Brit Fest Festival. In this issue… Employment: Can I be made redundant...
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Blog
To Mediate or Litigate? - Choosing the Right Route for Will Disputes
Losing a loved one and dealing with grief is never easy. It can be made considerably worse if a family dispute arises as to how a deceased’s estate should be distributed. Disputes can result in expensive and time-consuming court proceedings, which...
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Blog
Aretha Franklin's Will – Were Her Wishes r-e-s-p-e-c-t-ed?
The death of Aretha Franklin in 2018 left a void in the music world, but it also sparked a legal saga that highlighted the complexities of inheritance law and the importance of having a properly executed Will. After her passing, two handwritten...
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Proprietary Estoppel Since Guest v Guest
The publicity surrounding Guest v Guest has made more families look again at their circumstances and consider taking advice on how they can avoid future disputes and the associated costs. Over the last year, we have seen a significant increase in...
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Spouse/Civil Partner Claims Under the Inheritance (Provision for Family and Dependants) Act 1975
Losing a loved one is painful, but the loss of a spouse or civil partner can be devastating on many levels, particularly after years of union, love and financial reliance. In England and Wales, the legal concept of testamentary freedom prevails...
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News
Myerson Solicitors Expands Their Contentious Trusts and Probate Team with New Legal Director Hire
Myerson Solicitors are excited to announce the hire of Legal Director Adam Carvalho as a part of their ongoing period of organic growth. Adam joins the Myerson Contentious Trusts and Probate team at the Legal Director level, bringing with him a...
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Newsletter
Myerson Magazine Autumn 2023 Issue
Our magazine covers a wide range of private client topics such as terms of employment contracts, common mistakes when divorcing, the residential property market and inhabitation of family home after death.
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People are Talking About “The Inheritance” and “Inheritance Wars”
Two broadcasts from Channel 5 have brought the world of contentious probate into the public eye, sparking debate and questions about this area of law. Told in parts from behind the lens of poignant home videos, “The Inheritance” tells the story...
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Top Tips for Challenging a Will
If you are deciding whether or not to contest a Will , there are certain practical steps and tips you can consider beforehand. Before commencing any challenge to a deceased’s Will or intestacy, consideration should be given to the status of their...
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Unravelling the Validity of Wills: Insights on Mental Capacity and Disputes
Sometimes, a dispute can arise as to the validity of a will. A will can be challenged on one or more of the following grounds: Lack of proper execution – e.g., not signed or witnessed; Lack of the necessary mental capacity – discussed below; Lack...
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How Can I Prove a Will is Invalid because of Undue Influence?
There are very limited grounds for overturning a Will in England and Wales. It can be overturned because: it was not properly signed and witnessed; the person who made it lacked testamentary capacity at the relevant time; the person who made it did...
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Lifetime Gifts and Section 10 of the Inheritance Act
If you have been left out of a Will , received less than you believed you would or do not inherit under the intestacy rules, you may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (“ the Act ”). This is a claim...
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Minor Children and the Inheritance Act
Different categories of people can bring claims against an estate under the Inheritance (Provision for Family and Dependants) Act 1975. The Act enables an applicant to challenge a Will (or intestacy if there is no Will) on the basis that it has...
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The Principle of Proprietary Estoppel
On 19 October 2022, the Supreme Court handed down its long-awaited judgement in the case of Guest v Guest. This was the first time that the Supreme Court had considered the principles and remedies of proprietary estoppel. Like many proprietary...
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Excluded From My Parents’ Will – Can I Make a Claim?
Are you a child who has been excluded from your parents’ Will(s) or received a small amount from their estate(s)? If so, you may have a claim under the Inheritance (Provision for Family and Dependants Act) 1975 (“ the Act ”). Can I bring a claim as...
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What does it take to prove Will forgery?
In the recent High Court case of Carlton Watts v Watts , the Claimant (Carlton) sued his 92-year-old mother (Jobyna), alleging she had forged his late father’s Will. By his 2000 Will, the late Eustace Watts had left his entire estate to Jobyna...
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Can a Gift Under my Will Stop a Claim Being Made Against my Estate When I Die?
The Inheritance Act enables a qualifying applicant to bring a claim where a Will (or an intestacy) leaves them without "reasonable financial provision". A claimant must fall into one or more of the categories to be able to bring a claim: A spouse...
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Jointly Owned Property At Risk From Inheritance Claims
Certain individuals, including spouses and children, can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 ( “the Act” ) for “reasonable financial provision” from a deceased’s estate. The Court has wide discretion...
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News
Myerson Acts for Successful Claimant in the Case of Smith v Ganning
Stephanie Ewan, Associate Solicitor at Myerson, together with Tom Gosling at 23 Essex Street Chambers, acted for the successful claimant, Laura Smith, in the unreported case of Smith v Ganning (PT-2021-MAN-000074). A copy of the transcript has...
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Divorce and the Inheritance Act
We often hear from clients who have made the difficult decision to divorce and are then given the news that their spouse has passed away before any divorce and financial settlement has been finalised regarding their marriage. Aside from the...
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For Richer, For Poorer?
A widow has recently succeeded in her contentious probate claim for financial provision from her late husbands estate. She brought her claim under the Inheritance (Provision for Family Dependants Act) 1975 as, despite 66 years of marriage, her...
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Priscilla Presley Contests the Validity of Lisa Marie's Will
Lisa Marie, the only daughter of Elvis Presley and Priscilla Presley, sadly passed away on 12 January 2023. Since her daughters death, Priscilla Presley has filed a lawsuit disputing the validity of Lisa Maries Will. The contentious probate...
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Dispute with an Executor – What Can I Do?
What can you do if you are a beneficiary or executor unhappy with how the Deceaseds estate is handled? It is common for a Will to name two or more people (often family members) to be the executors of an estate. The executors role is to...
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News
Myerson Celebrate 5 Probate Litigation Lawyers Becoming Full Members of ACTAPS
Myerson’s prestigious Tier 1 Contentious Probate Team can now celebrate Stephanie Ewan’s qualification as a full member of the Association of Contentious Trusts and Probate Specialists (ACTAPS). Stephanie’s qualification now takes the team’s full...
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Solutions If You Are Not Included In A Will
A Will is one of the most important documents you will ever sign. It gives you control over who inherits your estate and allows you to provide for loved ones. Sadly, Wills are often a catalyst for litigation when people circumstances change, but...
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How Do The Intestacy Rules Impact Cohabitees And Stepchildren?
When a person dies without leaving a Will, their estate must be distributed in accordance with the intestacy rules (contained within the Administration of Estates Act 1925). This has often led to people having to contest a will . It essentially...
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Can I Make a Claim Under the Inheritance Act 1975 as a Cohabitee?
I’m a cohabitee – can I make a claim under the Inheritance (Provision for Family and Dependants Act) 1975? According to the Office for National Statistics, the number of cohabiting couples in England and Wales has risen by 25% from 4.8 million to...
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I Have Been Left Out of a Will – What Can I Do?
The Inheritance (Provision for Family and Dependants Act) 1975 Act – Can I make a claim? When somebody close to you passes away, either with or without a Will, you may be left with nothing or very little from their estate. The Inheritance...
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Predatory Marriage and the Revocation of Wills
Your Will is one of the most important documents you will ever sign. Not only do you need to carefully consider what will happen to your estate when you pass away, but you also need to ensure your Will is kept up to date so that it reflects your...
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A Guide to Caveats, Warning & Appearances
When somebody has died leaving assets, the Personal Representative (“PR”) will usually need to apply for a Grant through the Probate Registry. A Grant is a document which gives PRs the ability to deal with certain assets. For example, it will...
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What information do you need to get a copy Will or Grant?
As a preliminary point, Wills are private documents, and they retain this status until a Grant of Representation is issued by the Probate Registry. Once the Grant is available, you can download a copy of the Will from the Government’s Find a Will...
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Prenuptial Agreements and the Inheritance (Provision for Family and Dependants) Act 1975
A spouse may make a claim against their deceased spouse’s estate under the Inheritance (Provision for Family and Dependants) Act 1975 (the “ 1975 Act ”) because their Will or the intestacy rules (where there is no Will) fails to make reasonable...
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Revocation of a Will
When a person has made a valid Will and wishes to cancel it, the law stated in section 20 of The Wills Act 1837; a Will can only be invalidated in three ways: marriage or civil partnership, making a new Will or Codicil, or by destruction (tear...
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Higgins V Morgan and Others: Claim Against Stepfather’s Estate
Higgins v Morgan and others [2021] EWHC 2846 (Ch) – stepson successful in Inheritance (Provision for Family and Dependants) Act 1975 claim against his stepfather’s estate and the recoverability of success fees Myerson’s contentious trust and...
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Proprietary Estoppel Explained
What is proprietary estoppel? In broad terms, estoppels operate to prevent Party A from going back on the terms of a promise they have made to Party B. In order for an estoppel to come into effect, Party B must have reasonably relied on that...
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Disagreements Surrounding the Funeral Service or How the Deceased's Body Is to Be Disposed Of
What should I do if there is a disagreement surrounding the funeral service or how the deceased's body is to be disposed of? When a person dies, their friends and family can often have differing opinions on the funeral arrangements, including the...
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How Important Is the Date on a Will?
On the Will of a deceased, the date, or lack of, can have significant consequences for executors, beneficiaries, and other parties interested in an estate. These are some common questions that may be relevant to your circumstances. Does a Will Have...
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Newsletter
Myerson Magazine Spring 2021 Issue
Download your digital copy below. This magazine covers a wide range of private client topics such as Lasting Powers of Attorney, Pre-nuptial Agreements, Professional Negligence Claims, Unpaid Salary and Bonuses and Challenging a Will.
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Caveats: Warning & Appearances – What Are They?
When somebody dies their property and finances, known as their ‘Estate’, need to be dealt with. The people that deal with the estate are known as the Personal Representatives or “PR’s”. To be able to act in this role they must send certain...
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Contentious Probate and Time Limits
It is strongly recommended to seek advice regarding any civil claim as swiftly as possible to avoid disappointment. In cases being brought against the estate of somebody who has died (commonly referred to as “contentious probate claims”) it is...
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Secret Trusts
A person’s last Will and Testament becomes a public document once probate has been granted. The Wills Act 1837 is an anti-fraud device to make sure a Will is genuine by complying with certain formality requirements. Section 9 of the Act outlines...
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Caveats: how to lodge them and what to do if your caveat is challenged
If you have a concern about the validity of a Will, one of the first steps you can consider taking is to lodge a caveat at the probate registry. Once a caveat has been entered in respect of an estate, the executors will be unable to obtain a Grant...
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