Probate and Estates News

Oliver Ingham in key Inheritance Act case

29th June 2021

In 2020, Cohen J issued his decision in Re H [2020] EWHC (Fam) 1134 which found for the first time that a Court could order an Estate to pay for a CFA Uplift as part of an award under the Inheritance Act 1975. Further, an award was made by video link in circumstances where the Defendant (who was unrepresented) a profoundly deaf and disabled 87 year old woman who could not hear or see what...

Jakob Reckhenrich joins 3PB’s Commercial and Property & Estates teams

29th June 2021

Barrister Jakob Reckhenrich, a multiple-scholarship award winner and Oxford and Brown Universities alumnus, has joined 3PB to advise on commercial, real estate and property disputes. He joins 3PB, initially as a third six pupil, after completing his pupillage at Monckton Chambers and working as a judicial assistant in the Commercial Court, where he assisted, among others, Mrs Justice Cockerill and Mr Justice Butcher. Jakob Reckhenrich came to the Bar after working as an academic philosopher...

Sarah Langford featured on cover of Counsel magazine, “Called to the Baa!”

4th June 2021

3PB’s barrister-author Sarah Langford features on the cover of this month’s Counsel magazine, after an interview with Chris Henley QC, former Chair of the Criminal Bar Association, about the parallels between farming and farmers, and the law and barristers, and the dilemmas of combining young children with continued practice at the Bar. As the feature explains, Sarah Langford’s brilliant first book “In Your Defence: Stories of Life and Law” was published in 2018 and her...

Lydia Pemberton discusses contentious probate disputes for Women in Wills

7th May 2021

3PB’s specialist contentious probate barrister, Lydia Pemberton (TEP) (pictured here) spoke at the fourth Women in Wills event of 2021 by Practical Vision alongside Tara McIness, a partner in the contentious probate team at Burnside Partnership. Lydia spoke about the recent contentious dispute case Re R (Deceased) (2021) EWHC 936 (Ch), the judgment in which had been handed down on 16th April. The case was in relation to the provision for minor children from their...

Wills and Estates: Early Neutral Evaluation service from 3PB Barristers

30th April 2021

Judges are increasingly asking parties to use Alternative Dispute Resolution to resolve disputes. Whilst mediation has been the traditional route taken to achieve this; we are seeing a significant rise in the use of Early Neutral Evaluation (ENE) in contested probate cases. Use of ENE can often help client to settle early, efficiently and cost effectively How it works Once the parties agree on ENE as the preferred route, they appoint one of our specialist...

Robin Howard acts as counsel for three brothers in high profile contested will dispute over £ 850,000 family house

21st April 2021

3PB’s experienced barrister Robin Howard (pictured here) acted as counsel for three brothers who have lost an appeal for an inheritance claim for £ 850,000 after the initial trial was made unfair because of the attitude of the original trial judge. The case came to court in 2019 and the judge ruled that all £ 850,000 of value from the family house be awarded to their sister, after a will made in 1986 was replaced by...

The remote witnessing of wills: a last resort

25th September 2020

Until now, for a will or codicil to be valid, “presence” in the Wills Act 1837 required for the testator to be in the “line of sight”. This did not allow for the remote witnessing of wills. Probate barrister Lydia Pemberton examines The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020, which expressly provides that ““presence” includes presence by means of video conference or other visual transmission”, in real-time, for wills made since 31...

Lydia Pemberton, deputy head of 3PB’s Property and Estates team, and Charles Irvine, a member of 3PB’s Property and Estates team and Commercial team, have reviewed the new changes to the execution of documents brought about shortly before and since the COVID-19 pandemic and lockdown. New ways of working have meant a rise in technology and electronic communications which brings new formalities when it comes to dealing with the execution of legal documents. In this...

Publishers Viking has scooped an “urgent clarion call” for the British farming industry by 3PB criminal and family barrister Sarah Langford in a three-way auction. “For a Love of the Land” will be published in spring 2022 and follows Sarah’s hugely successful debut book, and Sunday Times bestseller, “In Your Defence: Stories of Life and Law”. Sarah Langford was a barrister for 10 years, working in criminal and family law in London and around the...

Hoping for the best, preparing for the worst: Lydia Pemberton provides useful probate guidance in the era of Covid-19. Click here to read Lydia's update.