Expert Comments

Opinion

dispute-resolution

A Successful Challenge To A Will On The Basis Of Undue Influence – Langley V Qin (2024)

There are various methods of challenging the validity of a Will, one of which is to show that undue influence had been exerted on the deceased. The leading case of…

February 13, 2025

Chun Wong

Opinion

dispute-resolution
wills-disputes

Amendment Of A Will Due To Drafting Error – A Recent Illustration In Angelova V Kershaw (2024)

We have previously discussed how the validity of a will can be challenged on specific grounds such as capacity, fraud and undue influence. We have also talked about how you…

January 10, 2025

Chun Wong

Opinion

wills-disputes

Challenging a Will on Grounds of Capacity

Having capacity is a key component in determining whether the final wishes of the deceased will stand and are adhered to. This means one has to be mentally sound to…

December 19, 2024

Opinion

dispute-resolution
wills-disputes

The Validity Of A ‘No Contest Clause’ Explored In Sim V Pimlott And Others (2023)

Whilst English law largely seeks to uphold testamentary freedom to allow a testator to leave their estate to whomever and in whatever way they want, a beneficiary of a will…

December 9, 2024

Chun Wong

Opinion

dispute-resolution

When Is A Promise Binding – Another Look in Winter v Winter (2024)

Proprietary Estoppel Typically proprietary estoppel is raised in farming cases where someone is promised a farm in return for unpaid labour and this renegaded on when the farmer dies. Given…

November 27, 2024

Chun Wong

Opinion

contentious-probate
dispute-resolution

A Recent Take On Death Bed Gifts – Rahman V Hassan (2024)

The doctrine of donatio mortis causa (which in Latin translates to ‘gift by reason of death’) (“DMC”) dates back to the Roman times, and given the statutory provisions of s9…

October 4, 2024

Chun Wong

Opinion

contentious-probate
dispute-resolution

Testamentary Capacity – Updated in Leonard v Leonard (2024)

A Will can be challenged and set aside if it can be shown that the deceased lacked ‘testamentary capacity’. Banks v Goodfellow (1870) The relevant legal test for establishing (testamentary)…

September 4, 2024

Chun Wong

Opinion

contentious-probate

Challenging Costs by Beneficiaries

A personal representative (PR) is the primary person with the rights and responsibilities in administration of an estate. As a beneficiary of an estate, there is a limit to what…

August 8, 2024

Chun Wong

Opinion

debt-recovery
dispute-resolution

How to Set Aside a Default County Court Judgment

A judgment will be entered against you in the civil county courts if you a) do not file an Acknowledgment of Service and/or a Defence b) lose at a final…

July 5, 2024

Chun Wong

Opinion

contentious-probate
dispute-resolution

What Is The ACTAPS Code?

The Association of Contentious Trust and Probate Specialists (“ACTAPS”) was founded in September 1997 for lawyers specialising in trust and probate work. You can find a specialist lawyer from their…

June 21, 2024

Chun Wong

Opinion

residential-dispute-resolution
ToLATA claim

Can A Personal Representative Bring A Claim Under The Trust Of Land And Appointment Of Trustees Act 1996?

The Trust of Land Appointment of Trustees Act 1996 (TOLATA) determines claims in respect to beneficial ownership of a property and associated issues such who owns what and whether a…

May 20, 2024

Chun Wong

Opinion

commercial-dispute-resolution
professional-negligence

The Limitations Of A Solicitor’s Duty Of Care: Miller v Irwin Mitchell (2024)

In order to establish a professional negligence claim against a solicitor, you need to prove the following: A duty of care was owed, Which was breached as the service provided…

April 22, 2024

Chun Wong

Opinion

commercial-dispute-resolution
residential-dispute-resolution

Understanding Expert Evidence in Civil Litigation

In civil claims, you may need evidence from a professionally qualified expert to assist with your case and help the court make a determination. Expert evidence in civil proceedings is…

March 25, 2024

Chun Wong

Opinion

residential-dispute-resolution
wills-disputes

The End of Video Witnessing for a Will?

A Will is a very important legal document and must be prepared, executed and witnessed in a certain way to be valid. The starting point under section 9 of the…

March 12, 2024

Chun Wong

Opinion

Issuing A Claim Without Letters Of Administration

When can court proceedings be brought on behalf of an estate? This will depend on whether the PR is an executor (appointed by a will) or administrator (certain classes of…

February 16, 2024

Chun Wong

Opinion

mediation-and-arbitration

Is Mediation Compulsory in Civil Cases?

Mediation is a form of Alternative Dispute Resolution (ADR) which can be engaged to avoid expensive and protracted litigation and disputes. The parties choose the timing, location and method that…

January 24, 2024

Chun Wong

Opinion

Setting Aside A Will For Undue Influence – Recent Cases In 2023

There are various methods of challenging the validity of a Will, one of which is to show that undue influence had been exerted on the deceased. This is by far…

December 19, 2023

Chun Wong

Opinion

inheritance-dispute
property-disputes
wills-and-probate

How Can Entitlement On Death Be Changed

Testamentary freedom – the ability to leave our estate to whomever we want to, is sacred in our society and upheld in law. There is no presumption that one should…

December 13, 2023

Chun Wong

Opinion

Holographic Wills – What Did Aretha Franklin’s Case Teach Us?

A holographic will is a will which has been written entirely by the testator. In England and Wales, a holographic will (like any other will) is only valid if it…

November 13, 2023

Chun Wong

Opinion

Personal Representatives In Litigation

Dealing with the administration of an estate can be time consuming and problematic without the added headache of litigation (either defending or bringing a claim). A Personal Representative (PR) will…

October 30, 2023

Chun Wong