Wills, Trusts and Probate

A claim under the Inheritance (Provision for Family and Dependants) Act 1975 arising from the death of an entrepreneur who had divorced his wife, with whom he had two small children, and married again, dying before he had completed the financial arrangements of the divorce. The deceased was a US citizen, and his widow asserted that he was not domiciled in the UK. The main asset of the estate was the sumstantial price realised for the deceased’s company, which had been transferred into the widow’s name, and which the widow said was a gift to her, which if correct would have left the estate insolvent There was also a question of possible US tax on the sale of the company. The ex-wife and the minor children lived in Australia. The claim was compromised and the compromise was agreed on behalf of the minor children by the court.

A claim under the Inheritance (Provision for Family and Dependants) Act 1975 by the widow of the deceased, his second wife, in a high value estate case. She had been left a relatively small sum absolutely and a life interest in most of the remainder. She sought a sum free of the life interest. Her claim was opposed by the adult children of his first wife. The assets included a prime London house and a property company. It was settled following mediation.

This involved two separate claims which were jointly compromised, one of which was a claim of lack of capacity and undue influence in relation to a pre-emption agreement and the will of an elderly lady.

An unsuccessful claim of undue influence taken to trial by five siblings against the sibling who inherited under his father’s will.

A claim involving beneficial interests, lack of capacity and undue influence brought by a protected party. The claim was settled and the settlement approved on behalf of the protected party by the court.

A claim involving the beneficial interests in his family property of a divorcing husband and allegations of sham transactions.

A hard fought claim under the Inheritance (Provision for Family and Dependants) Act 1975 brought by a widow (third wife) and opposed by the son of the first wife, the deceased having committed suicide while suffering from depression. It culminated in a trial including whether the assets of an offshore trust formed part of the estate, and the difficulty of valuing the main asset of the estate, it being a company operating in Libya and Syria at a time of war.