Articles by ‘Mike Muston’

These days it’s more and more common for couples to live together without being married. Whether they have been married before or are simply separated from their spouse, these situations regularly result in inheritance disputes in the event of an untimely death.

In a recently reported case, a daughter was told by the court that she would not be awarded any share of her father’s £1m estate. The case appears to provide a valuable lesson for children relying upon a future inheritance to provide financial security.

Over 200 farmers and rural business owners from the Wiltshire area turned up to a specialist seminar at Wellington Barn near Calne to listen to an expert panel of solicitors, accountants, agricultural bankers, property and farm consultants advise how to safeguard their businesses in these changing times for the agricultural industry.

This week the Telegraph reported the recent decision in the estate of Ian Wooldridge. It is believed that, possibly for the first time, a claim by a widow under the Inheritance (Provision for Family and Dependants) Act 1975 has been dismissed by the court without any award being made.

In the much publicised latest court decision in Ilott v Mitson, it has been suggested that the ruling will seriously impact the ability of individuals to leave property in their Wills. However, is this truly the case? And was the decision that unreasonable?

The story of the farmer’s daughter, known as the “Cowshed Cinderella”, has recently hit the headlines after she won £1.3m from her parents, following eviction from her parent’s farm. So how concerned should you be about the inheritance of your farm?

Recent court cases have highlighted an increasing trend of disputes relating to rights to inherit farmland. Given the publicity that inheritance disputes receive in the media and given the increasing value of farmland, it would appear that these disputes will continue to affect farm owners for many years to come.

Negligence by solicitors preparing a Will may result in the wishes of a person not being met after their death and intended beneficiaries losing out on their rightful inheritance.

The Sunday Telegraph recently reported a rise in inheritance disputes due to increasing numbers of couples who choose to cohabit without marrying. The diverse range of family relationships seen now have contributed to a significant increase in inheritance disputes over the last 10 years. Problems that arise highlight the importance of making a Will and organising your affairs.

Last year The Independent reported that in London alone there had been a 700% rise in the number of cases brought to the High Court involving a challenge to a Will. This rise in claims is believed to be a result of the poor economic climate and the ever increasing complexity of family arrangements. So is there anything that can be done to stop this happening to your family?

A recent High Court decision has highlighted the difficulty of proving undue influence in relation to a Will. So just how difficult is it to prove undue influence?

If an individual has full mental capacity, it shouldn’t be a problem for them to alter their Will if they’ve made a mistake. But, what happens if the Will maker dies before the mistake is noticed? Can anything be done?