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Forfeiture rule disregarded in a heartbreaking case where the wife was responsible for her husband’s death The forfeiture rule means that you cannot benefit from someone’s death when you were responsible for the person dying. Most people...
In the recent contentious probate case of Clitheroe v Bond, the court overturned the validity of two wills. The Defendant, Sue, who was represented by Birkett Long, was successful in the will dispute on the ground that the Deceased lacked mental...
Hope for success fees in claims against estates under Inheritance (Provision for Family and Dependants) Act 1975 Claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Inheritance Act”) are usually made by disappointed...
The High Court has issued a warrant for an executor to be arrested. The executor failed to obey previous court orders requiring him to account for his dealings of his mother’s estate. This case should be a stark warning to executors to comply...
So what is Parental Alienation? This is a term which refers to a situation when a child's resistance/hostility towards one parent is not justified and is the result of psychological manipulation by the other parent. Whilst a child’s wishes and...
During the coronavirus pandemic, the Court of Protection are prioritising their workload. One type of work they are prioritising is statutory wills for people who have a very short life expectancy. What is a statutory will? These are wills...
Following Brexit, there will be changes to the way in which all migrants come to the UK to work. From 1 January 2021, free movement will end and a points-based immigration system, applying equally to EU and non-EU citizens, will be introduced. Under...
A recent High Court case shows how important it is to consider what the courts of different jurisdictions can do when a couple divorces. The background details to this case is that after a long marriage, the husband left the family home in Berkshire...
Boris Johnson and Carrie Symonds are the first unmarried couple to live at No.10 Downing Street. However, this does not come as a surprise as there is a steady increase in the number of cohabiting couples in the UK. According to a recent study conducted by...
The recent case of Guest v Guest is another in the long line of recent proprietary estoppel cases. To be successful with a claim for proprietary estoppel, you must show that: A promise was made You relied on that promise to your detriment The person who...
The most common method for changing your name is through the use of a deed. The following circumstances would require you to get a change of name deed completed: Changing your Christian name or adding a middle name Changing your name after a gender...
The number of cohabiting couple families has risen significantly in the last decade and, yet, there remains a myth that common law marriage exists and that cohabiting couples automatically have legal rights and protection if their relationship ends or their...
Proprietary estoppel cases are becoming increasingly common in the farming sector, often with one child, rightly or wrongly, believing that they will inherit the entire farm on the death of their parents. Some children would have worked on the farm their...
The Chancellor of the Exchequer, Rishi Sunak, presented the 2020 Budget on 11 March 2020 and announced that the government will be increasing the Capital Gains Tax allowance for the 2020/2021 tax year. What is Capital Gains Tax? Capital Gains Tax is...
From an early age, all divorce lawyers have drummed into them the fact that you cannot act for both a husband and a wife in a divorce. We will know that under our code of conduct that is a non-negotiable point. It does not stop us often being asked though,...
In 2019, the Office of Tax Simplification (“OTS”) carried out a review of UK Inheritance Tax (“IHT”) as set out in Katie Gibson-Green’s blog “ Proposed changes to IHT and how that affects farmers ”. One of the...
Recent statistics confirm that 82% of people have not yet made lasting powers of attorney (LPA). An LPA is a legal document that enables you to appoint one or more people as your attorneys. Attorneys are able to assist you in making decisions or can...
Capital Gains Tax (CGT) is payable on any chargeable gains made on the disposal (or deemed disposal) of capital assets. The Finance Act 2019 came into force on 12 February 2019 and implements changes to the current CGT regime taking effect from 6 April 2020,...
Strong winds, storms and even snow! This just sums up the adverse weather for the past fortnight. Many projects could be hindered or, at worst, even terminated. Considering the adverse weather, what should contractors do to ensure they do not fall behind on...
Last year, in the case of Chief Constable of Leicestershire v Hextall, the Court of Appeal decided that it was not discriminatory to pay men on shared parental leave less than a woman received whilst on maternity leave. Hextall asked for permission to...