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Ilott v Mitson – Re-writing a Deceased’s Will?

I alluded briefly to the issues surrounding a claim against an estate and who can claim in a previous post.

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Probate Problem – Amending a Will After Death

This story on a probate problem for a bereaved young son goes to show that, in some respects, inheritance tax and estate planning issues can carry on after death.

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There’s Never a Good Time to be the Executor of an Estate

It is stressful when a death occurs, especially if unexpected.  There is grief.  Emotions run high.  Practical issues press.  There are the funeral and other arrangements to make.  It is not uncommon to find that the funeral has happened before the will is found, and the deceased’s wishes in that document have not in fact been followed.

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It’s strange how related incidents can come in pairs.  Today in the bank queue I overheard a conversation about probate.  A woman was telling her friend how the bank and its solicitors had charged over £5000 and all she and her brother were left from the estate was about £300 apiece.  Now there could have been a reasonable explanation for this sorry state of affairs.  I didn’t hear the full story, and the facts are unknown.

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Video of Wishes

We live in litigious times. Superinjunctions, ambulance chasing lawyers, lack of trust, an emphasis on rights and entitlements – some of the contributing factors to the “make a claim” culture.  Undoubtedly there have been influences from the United States, and I wondered whether there might be an impact on the probate field.

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