Disputed Wills & Trusts Publications

    The Court of Appeal recently handed down its decision in the infamous Gill v RSPCA case. The court upheld the original decision in favour of Dr Gill leaving the RSPCA with a reported legal bill of over £1.2 million. The difficulty for fundraisers and legacy officers is how to deal with the situation when a legacy is disputed.

    The case that has raised the eyebrows of private client lawyers this year is called Ilott v Mitson. It is said that anyone can leave their Estate to whomever they wish but does this latest case challenge the principle of testamentary freedom?

    Our private client magazine featuring in-depth interviews with leading figures in the region and from the business community, including Sir John Banham and Sandy Nairne, Director at the National Portrait Gallery. The magazine also includes commentary on key legal issues.

    The Court of Appeal recently upheld the High Court decision that a Will that left a £2.4 million farm to the RSPCA was invalid. This long awaited judgment follows the original decision made in February 2010 and has implications for individuals and charities that are contesting or defending the validity of a Will.

    Dying intestate can cause huge problems for dependants...

    Tony Cockayne, the Head of Michelmores' Disputed Wills and Trusts team, comments that this was an interesting example of the type of cases that we are seeing more of. We are acting on a number of matters where the facts are not dissimilar to this case recently heard in the High Court.

    Charities are facing an increasing number of challenges by disgruntled family members to legacies left to them by supporters, according to a number of charities and charity lawyers.

    This article was published in the Third Sector, July 2009

    The Michelmores' Disputed Wills team have closely followed this interesting case in relation to the legal capacity to validly execute a Will.

    Tony Cockayne, Head of Michelmores Disputed Wills Department commented "This is an interesting example of the types of claim that often arise under the Inheritance Provision for Family and Dependants) Act 1975. I have acted in a number of similar cases where the child of the family has been written out of the Will and the parents have instead left the entire proceeds of the Estate to a Charity".

Displaying results 1 - 9 of 9 Results

Page [1]