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Buying and selling horses - getting the paperwork right

Derryn Rolfe
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Recent equine news reports have been full of the court case involving Eric Lamaze and a $572,000 dispute. Whist disputes on this scale are quite rare, disputes over alleged mis-selling are becoming commonplace in the UK. There appear to be a number of...

Grenfell Tower report issued

Derryn Rolfe
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The Grenfell Tower Inquiry has just reported on it’s main findings after seven years. The Chairman, Sir Martin Moore-Bick, architect Thouria Istephan and housing expert Ali Akbor spoke. The inquiry has found that decades of failure led to the fire in...

Separating later in life - important considerations

Hayley McCormack
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Over the last thirty years the number of divorces between men and women aged 60 and over has increased by an astounding 85% despite an overall decline in divorce rates. The last decade has shown men over 65 divorcing has risen by 23% and the number of women...

What is mediation, and should I attend?

Leah Merrifield
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Disputes concerning finances, inheritance and property are often complex, and therefore expensive to resolve through court. These types of disputes also frequently involve family members, which can make them particularly distressing. These factors mean that...

Contractors right to terminate employment under JCT Design and Build Contract (2016 Edition)

Laura Chapman
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Providence Building Services Ltd (“Providence”) entered into a JCT Design and Build Contract (2016 Edition – “the JCT Contract” ) with Hexagon Housing Association Ltd (“Hexagon”). Hexagon were late paying on...

Can a landlord's Case B notice to quit be defeated where sheep are required to graze a field-scale solar site?

Julie Robinson
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In this short blog, Julie Robinson looks at whether tenant farmers faced with a Case B notice to quit can successfully challenge that notice where land continues to have some agricultural use following development. The grounds for a Case B notice to quit...

Can your biological child inherit from your estate, even though they were adopted by somebody else?

Leah Merrifield
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In the recent case of Coulson v Paul the court considered whether Emma Coulson could inherit from the estate of her biological grandfather, Allan Paul, despite having been adopted. Allan Paul died in 2021, leaving a Will that dated back to 2012. Allan had...

What happens when Testamentary Capacity goes wrong?

Emily Parry
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Testamentary capacity is the ability of someone (a “testator”) to give instructions for, and then execute, a Will. The test for testamentary capacity is determined by the court, and follows principles laid down in case law. This is different from...

What happens to my horse after I die?

Emily Parry
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Every horse owner knows the hard work and cost that comes with it. The payoff, however, is having a deep connection with your horse, and forming a team with them. This applies to people who ride simply for pleasure, as well as those who compete. It is...

Legal considerations surrounding the impact of renewable energy projects on farming

Samuel Mills
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The expansion of renewable energy projects across the UK has significant legal implications for the farming sector. These projects, ranging from wind turbines to solar farms and bioenergy production, offer both opportunities and challenges for farmers....

Can a child bring a claim against their parent's estate?

Leah Merrifield
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“Testamentary freedom” is a fundamental principle of English and Welsh Law. This means that the starting point is that a testator (someone making a will) can leave their estate to whoever they wish; they are not under any obligation to leave a...

Understanding the legal framework for unmarried parents when separating

Hayley McCormack
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The details of the recent case involving the children of Lauryn Goodman and Kyle Walker have been played out in the tabloids and on social media for all to comment. Quite understandably, it may seem arguing about hot tubs, bespoke stair gates and astro turf...

Can you persuade someone to change their Will?

Leah Merrifield
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The Daily Mail recently published an anonymous article titled “ I got Mum to change her Will so I’ll get more than my sisters without them knowing – because they barely lift a finger to help her ”. The anonymous author states...

Considerations when building new stables

Derryn Rolfe
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Whether it’s a large American barn with all the fancy trimmings or a couple of wooden field shelters, building new stables is a major outlay, and you really can’t have it going wrong. There are a few things you can do to protect your cash and...

Say goodbye to 'no-fault' evictions: how the Renters' Rights Bill will transform renting

Kelly Willows
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As announced in the King’s Speech today, "Legislation will be introduced to give greater rights and protections to people renting their homes, including ending no-fault evictions and reforming grounds for possession." Currently, Section 21...

I'm an executor and I have questions about administering the estate - what can I do?

Emily Parry
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When administering an estate, it is common for executors (or administrators when dealing in estates with no Wills) to have questions about the administration of the estate. These questions can arise through disagreements between the executors themselves, or...

Child Focussed or Childs Play?

Georgia Schein
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A common trend in child proceedings is for parents to become overly absorbed in their own opinions and vendettas, whether consciously or subconsciously. This often results in parents losing sight of the true focus of the proceedings and what is paramount to...

Labour's new planning reforms: it's a grey area

Ben Arrowsmith
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On 8 July 2024, the new Chancellor, Rachel Reeves, announced Labour’s headline new planning reforms and it will be to Angela Rayner, Secretary of State for Housing, Communities and Local Government (with the previous “Levelling Up”...

Rectification and construction - What happens if a Will doesn't make sense?

Leah Merrifield
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A Will should be drafted so that it is clear and carries out the intentions of the testator (the person making the Will). However, sometimes errors, misunderstandings or poor drafting can mean that a Will fails to carry out the testator’s intentions or...

Relocating with a child after divorce or separation

Ellen Nicholas
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There are many reasons for a parent wanting to relocate following a separation and divorce, including to move closer to family or a new partner or for job opportunities. Relocation will have a big impact on any children of the relationship, as well as any...

What is a deathbed gift, and how do you know if it is valid?

Leah Merrifield
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A deathbed gift, or a “ donationes mortis causa ”, is a gift made in contemplation of death. This type of gift may be a source of dispute, as it allows someone to give away their assets shortly before death, but without needing to comply with the...

Accidents at Work

Amy Jones
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An accident at work claim may be brought by an individual who has suffered an accident in the workplace which was someone else’s fault. Recent statistics have revealed that the number of accident at work claims registered with the Compensation...

Anne Robinson's Estate Planning: Does Gifting Assets Avoid Inheritance Tax?

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You may have seen in the news recently that TV Personality Anne Robinson has claimed she gifted her assets to avoid payment of Inheritance Tax. But does this form of estate planning strategy actually work? On the face of it, gifting assets can be an...

No-contest clauses in Wills

Leah Merrifield
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Some wills include “no-contest” or “forfeiture” clauses designed to deter beneficiaries from disputing the will, or bringing a claim against the estate. A no-contest clause generally provides that if a beneficiary brings a challenge,...

Is there such a thing as a good divorce?

Layla Babadi
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This is a common question asked of family lawyers. A ‘good divorce’ usually means a divorce without the hostility generally associated with divorce proceedings. In some cases, hostility can be pushed to one side and parties can proceed...

Unfair Wills - Gowing v Ward

Leah Merrifield
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In my blog “ can you challenge an unfair will? ” I explained that a will that seems unfair is not necessarily invalid. Here, I look at the case of Gowing v Ward,  another recent case in which a will that might seem to some to...

What is undue influence?

Leah Merrifield
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A will is a private document, but it is common for people to discuss their will with family members, and to seek their opinions and their help. There is nothing wrong with family members giving their opinions about what a person’s will should say, and...

Biodiversity Net Gain (BNG) now mandatory on small development sites

Louise Clifton
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Biodiversity Net Gain (BNG) was introduced by the Environment Act 2021 which provided for a minimum of 10% BNG requirement to ensure that developments deliver a positive benefit for nature and to mitigate the impact of the development. Developers are...

Why you should know your customer when it comes to debt recovery

Martin Spencer
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When taking on work for a new customer, it can be hard to tell whether they will develop cash flow issues and be unable to pay your invoices. When it comes to debt recovery, it is vital that that you know your customer and exactly who your customer is. You...

Material information - Did you know rules have changed?

Martina Fuller
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Under Consumer Protection from Unfair Trading Regulations 2008, estate agents have a legal obligation not to omit material information from property listings. What you need to know Property agents must ensure they proactively request material...

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