Since originally posting in relation to Cooper v Chapman [2022] EWHC 1000 (Ch), I have had a significant number of people contact me about the prospects of obtaining a grant of probate to a lost or unsigned Will.

It is generally understood that in order to be valid, a Will must be signed in the presence of two attesting witnesses present at the same time – and that the original must be produced after the testator’s death in order to obtain a grant of probate.

Parties who seek to obtain a stay of proceedings on the grounds that the stress of litigation is injurious to their mental health need to produce strong and compelling medical evidence before the Court is likely to accede to their request

It is increasingly common for parties who are involved in claims against estates under the Inheritance (Provision for Family & Dependants) Act 1975 to enter into a “standstill agreement” to remove the need to issue proceedings within 6 months of the grant of representation as required by Section 4 of the Act.

David Rose discusses conduct issues affecting costs in relations to Paul Andrews & Anor -v- Retro Computers Ltd & Ors [2019] EWHC B2 (Costs)

The 2018 edition of The Legal 500 has been released and Park Square Barristers is once again ranked as a Leading set.

The Civil Team will be holding a seminar on Foreign Issues in Contentious Probate on 11 October 2018.

The importance of Domicile issues in cases dealing with the estates of deceased persons is often overlooked. The increase in immigration in recent decades means that it is increasingly frequent for lawyers to be dealing with cases in which there is some ‘foreign element’.

David Rose reviews the recent Court of Appeal decision in Burns v Burns [2016] EWCA Civ 37, which contains an up-to-date summary of the law relating to testamentary capacity and knowledge & approval.

David Rose discusses the Presumption of Death Act 2013 following the disappearance of Lord Lucan.