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AvensureAccess all documents on Mirror wills
Pre-action disclosure in probate claims and orders for costs (Dahlman v Oxley & Palmers Solicitors) Dahlman v Oxley & another [2025] EWHC 2962 (Ch) What are the practical implications of this case? This judgment operates as a practical guide for both Applicants and Respondents on managing pre-action disclosure requests in probate disputes. For Respondents, the message is straightforward: unjustified or unexplained delay in answering valid Larke v Nugus enquiries and producing the Will file creates a genuine risk of an adverse costs order on a pre-action disclosure application. For Applicants, consistency of approach in correspondence is emphasised. Proposed respondents must be clearly warned of the intended application and that costs will be pursued. If the position later shifts and it is suggested that, notwithstanding lateness, costs will not be sought if disclosure is provided voluntarily, that concession substantially weakens the Applicant’s position when later seeking their costs. What was the background? The Deceased died on 1 July 2024. In 2022 he and his wife executed...
Key features of the Will and attorney maker The Will and attorney maker (WAM) is a Will‑centred product (not a ‘clause‑based’ or ‘build‑your‑own Will’ tool) and is designed to automate the following eight Wills by asking relevant interview questions: gift to spouse outright, then to children outright wholly discretionary spouse on a flexible life interest trust, remainder to children outright to spouse outright, then on discretionary trust nil rate band legacy into discretionary trust; residue to spouse on a flexible life interest trust; remainder to own children outright legacy of business property into discretionary trust; residue to spouse outright; then to children outright individual unmarried with no children unmarried, divorced or separated with children and no partner Explanatory notes and letters of wishes for chattels can also be generated to accompany each Will, and the WAM allows you to create mirror versions of all these documents for a spouse and civil partner. For a Will...
[Your ]Will—[ name of testator ]—explanatory note This note outlines the key terms of your Will in clear, plain language. Read it carefully alongside your Will. If anything does not faithfully mirror your wishes, please inform [ me OR [ name of person to contact ] ] [ before you sign ]... Revocation On signing this Will, all earlier Wills and codicils concerning [ your UK estate OR your worldwide estate ] are revoked. As a result, only this Will records your instructions on death for [ your UK estate OR your worldwide estate ]... [ International aspects ] [ [ Your Will covers only your UK assets [ and your assets outside the UK will be governed by a separate local Will OR and your assets outside the UK have already been governed by a separate local Will ] OR Your Will covers your worldwide estate ] . ] [ You declare that you are domiciled...
I confirm that, although my [ Spouse/Civil Partner ] is executing a Will in comparable terms, we have agreed that our Wills are not mutual Wills, and, as a result, each of us shall be at liberty to revoke our Will at any time, whether before or after the death of the other, and shall be at liberty to dispose of our property, or any property obtained from the other, as we consider appropriate...
GENERAL INFORMATION Client and spouse/civil or unmarried partner: names, address, landline, mobile, email, DOB, marital status... Children: names, DOB; previous marriages; ongoing financial commitments (details if yes)... Earlier Wills (with dates) or retrieve; LPAs/EPA (details or retrieve); other dependants... AML documents received and checks complete; note any capacity, health or duress concerns... ASSETS AND LIABILITIES Homes: description, £ value, ownership (joint tenants, tenants in common, or sole)... Other assets: cash, investments, shares, cryptocurrency/digital assets with £ values; foreign assets with location/type... Life and pension policies, in trust? provider and £; company interests... Valuable chattels; business/agricultural interests; trust interests/powers/inheritances with approx £... Lifetime gifts: details, £, donee, date; liabilities incl. mortgages, credit cards etc., with £... WILL DETAILS Mirror Wills; executors and relationship; guardians and relationship... Specific pecuniary legacies and tax status; trust legacies (e.g. business/agricultural property); other bequests; personal possessions letter of wishes (copy if available)... ...