LawTorn: Conversations from the Frontline of Family Fights
LawTorn: Conversations from the Front Line of Family Fights
Hosted by Samara Dutton, Partner in our Private Wealth Disputes Team, and Philippa Dolan, Partner in our Family Team. LawTorn is a podcast exploring family law, divorce, wills disputes, and inheritance challenges.
When family disputes turn into legal battles, emotions run high and the court system can feel daunting. In this new podcast series, Samara and Philippa draw on their experience in family and inheritance law to unpack the legal processes while honouring the very human stories behind this kind of litigation. They discuss the emotional and practical difficulties their clients face, the similarities and differences between family and civil court’s approach to these, and how lawyers can help clients find resolution and regain a sense of calm amid conflict.
Our hosts will explore topics including common-law marriage, will challenges, prenups and postnups, as well as the moral questions that arise when families fracture. With insights from guest experts and colleagues, LawTorn aims to demystify complex legal concepts and procedures while making family law and dispute resolution more accessible.
If you have a question you’d like Samara and Philippa to discuss, please send it to lawtorn@collyerbristow.com. New episodes will be released on the last Monday of each month.
Disclaimer: This content is provided for general information only and does not constitute legal or other professional advice. Appropriate legal or other professional opinion should be taken before taking or omitting to take any action in respect of any specific problem. Collyer Bristow LLP accepts no liability for any loss or damage which may arise from reliance on information contained in this material.
LawTorn: Conversations from the Frontline of Family Fights
Can You Contest a Will? A Conversation About 75 Act Claims and Inheritance
Use Left/Right to seek, Home/End to jump to start or end. Hold shift to jump forward or backward.
In this episode of LawTorn, Samara Dutton, Partner in the Private Wealth Disputes team, and Philippa Dolan, Partner in the Family team, consider what can be done when a parent’s will leaves everything to one child and nothing to the other.
Using a listener’s question, they explore two distinct legal routes: challenging the validity of a will, including on the grounds of undue influence, and bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
The discussion examines what undue influence really means in practice, including the high threshold required to prove that a testator’s volition was overpowered without convincing the judgment, and why such claims can be difficult to establish. Samara explains the evidential hurdles involved and the distinction between persuasion, obligation and unlawful pressure.
The episode also provides a clear overview of 1975 Act claims, including who is eligible to bring them, the concept of reasonable financial provision, and how the courts approach claims by adult children. The conversation reflects on the tension between testamentary freedom and fairness, the limits of maintenance based awards, and recent cases which illustrate how fact specific and unpredictable these disputes can be.
As ever, the discussion highlights the emotional and financial realities that sit behind inheritance disputes, including the impact of costs, the importance of early legal advice, and the role of negotiation and mediation in resolving family conflict.
This episode offers practical insight into the legal framework governing will challenges and financial provision claims, and the strategic considerations involved in deciding which route, if any, to pursue.
Stay tuned. New episodes are released on the last Monday of each month.
For questions or feedback, please contact us at lawtorn@collyerbristow.com
Podcasts we love
Check out these other fine podcasts recommended by us, not an algorithm.
