To make a will, an individual needs to have requisite mental capacity and understanding in order to give their full, conscious consent.
However, for those lacking mental capacity (legally referred to as testamentary capacity) it is not possible to create their own will. In these cases, someone else can make a will on their behalf. This is known as a ‘statutory will’.
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The Legal 500 is an annual independent industry publication that recognises the expertise and experience of individual legal professionals and law firms throughout the UK.
The industry leading guide undertakes considerable research to identify the leading legal talent in the market. We are therefore incredibly proud to announce that several of our solicitors and departments have been recognised in the Legal 500 2023 edition.
We have included below the individuals and departments recognised in the guide and the comments made by the publication.
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It is a difficult time for anyone when a loved one passes, but this can be further compounded when a person feels that they have been ‘left out’ of any will and will not inherit.
One way in which a person can look to remedy this situation is to make a claim pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 to seek ‘reasonable financial provision’ from the estate of the deceased.
There are many categories of people of people who are able to bring a claim under this Act but one of the most contentious categories is a child of the deceased, particularly when that child is aged 18 or over. This is also known as the peculiarly named ‘adult child’ claimant. More...
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When a person dies without a will, this is known as ‘dying intestate’. In some instances, sorting out who inherits their estate is simple enough and it will pass on to the next of kin under certain criteria, known as ‘intestacy rules’.
However, for others without any known immediate family, administration is more complicated. In this case, the estate may pass to the Crown. HM Treasury would be responsible for administration in these cases. More...
As of November 2nd 2020, probate applications submitted by solicitors must now be made online. What does this mean for our team, and will this online probate application system affect you? More...
