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Private Client

Hughes v Pritchard [2021] EWHC 1580 (Ch): overriding the medical capacity assessment?

On 11 June 2021, HHJ Jarman QC sitting at the High Court handed down judgment in Hughes v Pritchard[2021] EWHC 1580 (Ch).  The Court notably found the testator to lack capacity and his last will to be invalid despite a contemporaneous medical capacity assessment finding the testator to have capacity. Jennifer Seaman and Bianca Venkata provide a brief overview of the case and suggests what lessons can be learned to ensure the validity of wills going forward. The facts Mr Hughes owned considerable farmland in Wales. Mr Hughes had three children: an eldest son Elfed, a second son Gareth and a daughter Carys. Elfed worked long hours on his father’s farm for no remuneration. Mr Hughes promised Elfed, his wife Gwen and their three…

Legal Blog & Publications, News, Private Client 3 Aug, 2021

Elaine Palser acts for successful Inheritance Act claimants in the High Court

Elaine Palser, instructed by Tees Solicitors, acted for the successful claimants in R Deceased [2021] EWHC 936 (Ch). The claim was brought by two minor children for reasonable financial provision from their father’s estate under the Inheritance (Provision for Family and Dependants) Act 1975. The children were 14 and 15 when their father died, and they had been estranged from him for several years before his death.  Their father had also failed to pay any maintenance for them during the estrangement, with the children instead relying entirely on their mother and stepfather. In his will, the father left his entire estate to his new partner and his parents, and nothing to his children.  The partner and parents denied that there…

News, Private Client 19 May, 2021

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