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Separating Later in Life - Important Considerations

Caroline  Elliott
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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?

Leah Merrifield
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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?

Leah Merrifield
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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

Layla Babadi
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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...

Employment Law Update - August 2024

Phil Cookson
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News 📰 In the first King’s Speech since the general election, the new Labour government has confirmed that it will introduce an Employment Rights Bill within its first 100 days and will publish a draft Equality (Race and Disability) Bill. On...

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?

Leah Merrifield
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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”...

Employment Law Update - July 2024

Phil Cookson
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Following Labour’s election victory, we can expect some big changes to employment law. We covered their proposals in last month’s employment law update and they have pledged to bring in most of these within their first 100 days in office....

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's 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...

Employment Law Update - June 2024

Phil Cookson
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News 📰 Labour’s Green Paper The big news in the employment world this month is Labour’s proposals set out in their Green Paper on changes they intend to make to employment law, should they become our next government following 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?

Lara Radzki
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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...

Employment Law Update - May 2024

Phil Cookson
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Last month saw a significant number of employment law changes come into force on 6 April. The pace of change has since continued unabated and so this month’s update covers the latest developments in case law, changes affecting the hospitality sector...

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

Ben Arrowsmith
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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...

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