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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.…

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…

Law in England

What You Need to Know About Lodgers and the Law in England

Taking in a lodger can be a sensible way to earn extra income while making the most of spare space in your home. But before you offer a room, it’s important to understand the legal rules, the rights a lodger has, and your responsibilities as the homeowner. What Exactly Is a Lodger? A lodger is someone who rents a room in your home and shares facilities such as the kitchen, bathroom, or living room with you. Because you also live there, the arrangement is different from renting out a self-contained…

divorce

Divorce and your Will

In a 2021 survey, over two-thirds of happily married couples were uncertain about their estate's fate in a divorce. Additionally, 37% believed their former spouse would lose any claim to their estate post-divorce. Read more.
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