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Kevin Horn
 

Why clear language is crucial when drafting a Will

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Why clear language is crucial when drafting a Will Three children have won a share of their father's £700,000 estate after a hard-fought case that reached the High Court in London. The siblings...

Important Changes to Statutory Legacy: What Surviving Spouses and Civil Partners Need to Know

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When a loved one passes away without writing a Will, their estate is distributed under a set of legal rules called intestacy laws. In such cases where there is a surviving spouse or civil partner, that spouse or civil partner is entitled to a fixed sum...

When inheritance plans begin to unravel

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With increasing rates of re-marriage and the resulting blended families, parents need to consider taking action to ensure their children inherit as intended. Any fans of the mega-hit TV series Succession, which follows the fortunes of the Roy...

What is contentious probate?

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Contentious probate refers to disputes about an individual's estate after they pass away. This process can be difficult for families and lead to many mixed feelings, but understanding when an estate can be contested can help answer many questions and...

Can a stepchild contest a Will?

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Losing a loved one will be a devastating time for all concerned which can unfortunately also give rise to family disputes, particularly over the distribution of the estate as determined by the Will. Contesting a Will and bringing a claim against the...

Rise in probate fees delayed following Parliament suspension

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The recent prorogation of Parliament meant that the Government’s proposed change to the basis of the calculation of the fee paid by the Executors to apply for a Grant of Probate, which proved highly controversial, could not be implemented as intended. We reported earlier this year how this proposed change appeared to have been agreed in principle, with the motion to approve the Non-Contentious Probate (Fees) Order scheduled for a vote in the House of Commons and an initial implementation date of April 2019 set. Kevin Horn, Private Client Partner, explains more here about the increase, why it caused such controversy, and what the future may hold for the increase.

When is probate required?

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Following the death of a loved one, even with what seems to be the simplest of estates, you may need to apply for a Grant of Representation, which will be either a Grant of Probate if there is a Will or a Grant of Letters of Administration if there isn’t, because without that you may not have the legal authority to realise and distribute that loved one’s assets. Kevin Horn, Private Client Partner, explains here why probate may be required, what is involved and how we can support you through this emotional and often confusing time.

Time limits brought into question when disputing a Will

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If you are considering disputing a Will under the Inheritance Act, ordinarily you will be required to do so within six months of the Grant of Representation being issued. The Court can grant permission to pursue a claim out of time but the criteria are strict. So in a recent case where the Court granted a widow permission to pursue a claim 25 years out of time that was highly unusual and unprecedented. Kevin Horn, Disputed Wills expert in our Private Client team, reviews the case and explains how you should proceed if you are considering bringing a claim of this nature.

Granddaughter wins in disputed claims legal battle due to financial dependence

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A ballet dancer recently succeeded in her legal battle in which she sought a share of her grandmother’s £650,000 estate after she was able to prove she was financially dependent on her. Kevin Horn, Partner in our Fareham based Private...

Impact of having an outdated Will

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A recent Court decision has highlighted the importance of keeping your Will up to date, and has also provided some clarity in relation to illegitimate minor children contesting a Will. Kevin Horn, Private Client Partner, here reviews the case and...

Proprietary estoppel: how verbal promises made in life can impact decisions made after death

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The outcome in a recent case brings with it an important reminder, particularly to those in the farming industry, that succession planning and clear conversations with your family can prevent claims against the estate in the future. Kevin Horn, Private...

Time limits when contesting a Will case review

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A decision has been reached in the case of Sargeant v Sargeant which has clarified the position for those wishing to apply for further financial provision when a claim of this nature is out of time. Kevin Horn, Private Client Partner, here...

Importance of witnesses in validity of a Will case review

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A recent decision heard at the England and Wales Court of Appeal has highlighted the important role witnesses play in the validity of a Will. Kevin Horn, Private Client Partner, here reviews the case and advises on the best practice when writing a...

Why is domicile important when disputing a Will?

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Disputing a Will is a complicated process; one made more so if there are questions over where the deceased was domiciled. This must be ascertained before a claim can be made against an estate and here Kevin Horn, Private Client Partner, explains why this is and what evidence may need to be provided should you be considering disputing a Will.

Who should I appoint as an executor in my Will?

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Writing your Will is one of the most important things you will ever have to do, and it is just as important that you understand the role executors play and who you should choose. Kevin Horn, Private Client Partner, explains here what an executor does, how administering an estate works and why it may be prudent to appoint a solicitor as one of your executors.

Changing family structures leading to more people contesting their late parent's Will

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Historically, the revelation to children that their parents have not left them as much as they were expecting to be left in their Will has inevitably lead to disappointment, but not litigation. This is changing however as recent figures have shown that the number of Wills being contested by disgruntled children is on the rise.

When making a Will are capacity and knowledge different?

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Writing a Will can be a straight forward process, however more often than not there are factors that must be considered as part of that process. It is self evident that a person wishing to make a Will must have the capacity to do so, however a recent case has also highlighted the need for knowledge and approval of its contents; a point that some may believe obvious but in this area, something that can be overlooked or misinterpreted.

Contesting a Will - When to submit a caveat?

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The High Court has decided that a claimant who entered a caveat and then unsuccessfully challenged the validity of a Will without reasonable cause should pay the court costs of both sides.

Our Family team is changing

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Kevin Horn, Partner and solicitor within the family team is making the move across to the Private Client department where he will be advising clients on matters including contentious probate and court of protection work.

Missing maintenance payments leads to imprisonment

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Parents failing to make maintenance payments to a former partner to support their children is unfortunately a situation that is regularly seen in our Courts. For those who cannot afford to pay adjustments can be made to support both parties as a whole to act in the children’s best interests, however when a party has the means to make payments but simply avoids them, stronger measures can be taken by the Courts.