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High Court Decision on Overseas Surrogacy and Trust Beneficiaries: A Legal Perspective

The recent High Court decision concerning the inclusion of a child born through an overseas surrogacy arrangement as a beneficiary of family trusts represents a significant development in the evolving relationship between trust law, succession planning, and modern methods of family formation. The case arose from an application by Ceawlin Thynn, the 8th Marquess of Bath, and his wife, Emma Thynn, seeking the court’s approval for their son, Henry, to be included within the beneficial class of three family trusts. Although Henry was genetically the child of the couple, he…

Double Risk for Estates

Double risk for families dealing with estates

Hidden digital assets and mounting interest on inheritance tax bills are creating a costly double risk for families dealing with estates following the death of a loved one, as probate delays continue to impact thousands across England and Wales, adding further stress and financial pressure. Recent figures from the Ministry of Justice (MoJ) show that more than 2,000 probate applications in England and Wales took over a year to be granted by the Ministry in the 12 months to April 2025. While the MoJ says many applications are now being…

Inheritance Act

Inheritance Act Claims and Letters of Wishes: Managing Risk in Estate Planning

Even a carefully drafted will does not always bring matters to an end. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to apply to the court for financial provision if a will or the intestacy rules fail to make reasonable provision for them. One practical way to reduce the risk of disputes is to use a well-thought-out Letter of Wishes. This article explains how the 1975 Act works, who can bring a claim, and how Letters of Wishes can help provide clarity and context after death.…

A New Year Wills Healthcheck

Is your Will still fit for purpose?

The start of a new year is often a prompt to get things in order - reviewing finances, updating records and planning for the year ahead. One important document that is often overlooked after it’s been signed, however, is a Will. Many people assume that once a Will is in place, the job is done and it can be forgotten about. In reality, even a well-drafted Will can cause significant difficulty if it is outdated, unclear, or cannot be located when it is needed. We recently dealt with a matter…

Banks During Probate

The Hidden Struggles Executors Face with Banks During Probate

Settling a loved one’s estate is never easy. Executors take on the legal responsibility of managing the deceased’s financial affairs — from closing bank accounts to distributing assets — all while grieving. Unfortunately, a recent Which? report shows that many banks are making this process far more difficult than it needs to be. Inconsistent Processes Create Uncertainty Every bank seems to have its own probate rules, forms, and timelines. What one institution will release without a grant of probate, another will insist requires full legal documentation — even for small…

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