Archive for August 2021

You might recall last week that I mentioned that s. 117 applications cannot succeed where a spouse inherits, because spousal bequests are exempt from challenge by children (s. 117(3) Succession Act). There is an important exemption to this. That is children of civil partnerships. It is open to such children to make an application under…

Just a quick note. You will often have to advise a testator that they owe a moral duty to their children. So how does that work in mutual husband and wife will situation? If a husband leaves his entire estate to his wife, has he not failed in his moral duty to his children. Can…

 You might often have had to help clients sign wills at home by giving them direction and letting them have samples. Particularly during Covid, when it was difficult to see clients face to face. However despite the best instructions in the world, invariably there will always be a mistake or some issue with home wills.…