Date updated:

The Court of Appeal overturned the decision of the judge at first instance (see Hughes v Pritchard and others [2021] EWHC 1580 (Ch)), that declared the Will of the Deceased invalid for lack of capacity, and remitted the issue of proprietary estoppel back to the High Court.

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The recent case of Jennison v Jennison [2022] EWHC 792 (Ch) clarified the authority of a foreign executor to bring a claim in England and Wales.

It established that an executor appointed under a foreign Will has the same right to bring a claim as an executor appointed under an English Will, and that there is no requirement for the foreign grant of probate to be resealed in England and Wales before the claim is issued, as long as the resealing takes place before the case is heard.

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A recent study commissioned by WNPC and conducted by YouGov has found that almost half of Millennials and Generation X are planning to leave a charitable legacy in their Will.

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