In most cases, a Grant of Probate is required for the estate to be dealt with and administered. Without the Grant of Probate, an executor will not be able to sell any property which belongs to the deceased, nor will they have the authority to deal with the estate’s assets.

The Courts remain in operation and are hearing trials and applications albeit remotely, like most of us! You will still be able to dispute a Will and issue a claim through the Courts but, for the moment, most aspects of the claim will be dealt with electronically.

The intestacy rules will take effect where an individual dies without a valid Will in place.

Can a family member who was being paid to care for a family member make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they are left out of a will?

This insight focuses on the time limit to bring an Inheritance Act claim and in what circumstances this time limit may be extended. For an explanation of an Inheritance Act claim, please click here.

If you are considering disputing a will on the grounds explained here, the first formal step is often to make a Larke v Nugus request. This insight explains more about a Larke v Nugus request.

The normal rule in litigation is that the successful party is entitled to recover its costs from the other party. The Civil Procedure rules now give courts wide discretion in controlling the amount of costs parties can recover. The rules require parties to submit a budget (i.e. breakdown) of the legal costs they expect to incur. Precedent H is the prescribed form for that budget which must be filed in the majority cases which are valued at over £25,000.

Time limits to challenge a will depend on the type of claim being contemplated.

The term “dealer” could apply to anyone selling even a single horse if they have a horse-related business – they don’t have to be an actual horse dealer in the traditional sense.

The use of agents when buying and selling horses is commonplace. Where the agent tells the buyer they are acting for someone else, usually, it is clear that the contract is between the buyer and the owner. Where the buyer does not know they are dealing with an agent, it may not be clear who the contract is with and if something goes wrong both agent and owner may seek to avoid responsibility. This is particularly a problem as buyers are only covered by the Consumer Rights Act 2015 (“the CRA”) if they are buying from a dealer.

Has the Consumer Rights Act 2015 (CRA), which replaces the Sale of Goods Act 1979 (SGA) from October 2015, put buyers in a better position to reject a horse after purchase? 

Sometimes there are problems with the will itself and sometimes people are unhappy with the contents of the will.