Wills: Crossing a line

Brendan Cotter | Trusts and Estates Law & Tax Journal | January/February 2017 #183
Brendan Cotter considers how likely a claim against a testamentary predator is to succeed ‘The classic sign of undue influence is the main beneficiary being active in the preparation of a will in which they take a substantial benefit.’As Hilaire Belloc wrote in Dedicatory Ode 1910: ‘The question’s very much too wide, and much too …

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Wills: Code of practice needed?

Martyn Frost | Trusts and Estates Law & Tax Journal | May 2013 #146
The Court of Appeal decision in Burgess v Hawes has muddied the waters on capacity, and want of knowledge and approval. Martyn Frost explains why The importance of the experienced practitioner’s evidence is going to be determined by what they did and what they know of what they should be doing. The recent judgment from …

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Wills: Has the golden rule lost its lustre?

New Square Chambers | Trusts and Estates Law & Tax Journal | April 2012 #135
Charles Holbech reviews the importance of a medical opinion for the aged or infirm testator ‘Even though the golden rule may not, on close examination, be a golden rule, it does not follow that solicitors would be to safe to disregard it: they should be aware of the risk of a negligence claim should they …

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