This article examines the fairly obscure area of law surrounding the presumption against double portions and hotchpot, and the potential pitfalls for the unwary testator and their will drafter.
It is not just estates where independent administrators have been appointed that have difficult beneficiaries. A recent court of appeal decision might see a rise in challenges to executors' costs.
Fraudulent calumny is a legal doctrine that involves a person undermining the relationship between a testator and a potential beneficiary by making false and malicious statements about the latter.
The appointment of an independent administrator can be a valuable tool to diffuse conflict and enable progress in a deadlocked estate, but in practice, it is often overlooked or considered a last resort.
