Trusts and Estates

The requirements of s9 of the Wills Act 1837 are an essential guard against fraud in relation to the execution of Wills. Often, Wills dispose of property worth millions of pounds, but there is no requirement they be signed in front of a professional..

The current test of testamentary capacity has been established since the familiar Banks v Goodfellow test, a decision which is now 150 years old. The test is as follows:“… that a testator [a] shall understand the nature of the act and its effects;..

The recent decision of the Court of Appeal in Glover v Barker [2020] EWCA Civ 1112 gives much welcome guidance on the circumstances in which a litigation friend may be liable for costs. The decision had a complex procedural background.In the 1990s,..