Tag: Probate
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Bargain Wills, Expensive Consequences: The Case for Regulation
A man dies. His partner is left to grieve and discovers that the Will he made online for £19.99 includes a clause she had no idea existed. It names the Will-writing service’s parent company as professional executor and entitles them to 4% of the estate. The company demands nearly £10,000. The house she lived in,…
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Revisiting Testamentary Capacity: The Baker v Hewston (2023) Cross-Check Approach
Testamentary capacity, the mental ability a person needs to make or alter a will, is a pivotal concept in private client law. Given that questions around this area form one of the most common reasons for will challenges, it’s crucial for practitioners to stay up-to-date with the relevant legal framework. The recent case of Baker…
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Executor or Administrator in the UK? Here’s Your Survival Guide
Hey there, intrepid executor or administrator! Before you start managing a deceased person’s estate, you usually need a legal authority, either a ‘Grant of Probate’ or ‘Letters of Administration’. A Grant of Probate is issued when there’s a will, and Letters of Administration come into play when there’s no will. However, if you’re dealing with…
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The Price of Inheritance: Challenging Overblown Solicitor Fees in a Landmark Estate Case
In the Kenig v Thomson Snell & Passmore case, Cunnick passed away in July 2019, leaving a £2.9 million estate. Her will divided the estate equally between her children, Laura Peggs and Daniel Kenig. Her brother, Saul Biber, was appointed as executor and hired solicitors Thomson Snell & Passmore to administer the estate. Despite initially…
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Professional Executors Costs Appeal Decision: Time To Review Your Charging Clauses
A recent appeals decision has been handed down by Justice Cavanagh in the case of Shepherd & Co Solicitors v Brealey [2022] EWHC 3229. The appeal was dismissed and reinforced the need for comprehensive and regularly reviewed terms of business, fee schedules and charging clauses where relevant. This decision should be considered by professional executors…
Jessica Jarvis 