Wills & Trusts Law Reports | Spring 2023 #190The claimant had been married to the deceased for 11 years. The deceased took her own life on 11 April 2017. The claimant and the first and second defendants, the deceased’s siblings, were appointed executors of the deceased’s 2015 will. Probate was granted in April 2018. The estate was valued at around £130,000.
On 27 August 2019, the claimant was removed as an executor of the 2015 will by the court. The claimant brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate of the deceased on 21 November 2019, which was opposed b...
Andrew Bishop and James McKean review a defendant’s attempts to compel a CFA-funded claimant under the Inheritance Act to take out insurance or make payments into court There is a fairly common misconception that a CFA-funded claimant is under an obligation to obtain ATE insurance to ensure their opponent’s costs can be paid. It is …
Continue reading "Inheritance Act claims: Heads I win, tails you lose – CFA-funded claims under the 1975 Act"
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Julian Chamberlayne and Kerie Receveur review recent case law on retrospective and discounted conditional fee agreements In Designers Guild, counsel were not prepared to match their instructing solicitors and enter into a full no win, no fee CFA, but instead agreed to act only on the basis that leading and junior counsel would be paid …
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Julian Chamberlayne and Kerie Receveur review recent case law on retrospective and discounted conditional fee agreements Following Birmingham City Council v Forde [2009] and Gloucestershire County Council v Evans [2008], which respectively held that retrospective CFAs and discounted CFAs were not contrary to public policy, we have waited many years for decisions applying the principles. …
Continue reading "Fee Agreements: Cheap at half the price"
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