Blogs
In commercial disputes, the contract is everything. When a dispute lands in court, the first question is: what did the parties actually agree to? If key terms were not properly incorporated, even the strongest position can quickly unravel. So what does...
A ‘no contest’ clause is a clause which is commonly found in Wills, also known as a ‘forfeiture’ clause. What does a no contest clause do? A no contest clause aims to discourage disputes over the estate. It typically reads...
James Dinsdale, an accountant, died in 2020 leaving behind an estate worth £1.8 million. James was survived by his legal wife, Dr Victoria Fowell, and his partner Margaret Dinsdale. James had married Victoria in Las Vegas in 2012. They later separated...
Being a trustee of any type of trust (and there are many!) is a serious responsibility. Whilst the word “discretion” might suggest freedom to make decisions, trustees are bound by a framework of legal duties, designed to protect beneficiaries and...
Passwords and passkeys go hand in hand with sensitive and confidential information - emails, bank accounts, digital assets, and data stored on the cloud. From having one password for everything (definitely not recommended!), to separate passwords for...
In order to be valid, a Will must be signed by the testator (the person making the Will) in the presence of two witnesses. But what happens when there are suspicions that the testator’s signature is not genuine? The recent case of Khatun v Hasan &...
Your spouse may have a Will in place which leaves some or all of their estate to you. However, over 50% of UK adults have no Will in place. If your spouse dies without having a valid Will, their estate will be governed by the intestacy rules. The intestacy...
Professionals do not like to admit it, but sometimes mistakes happen. This may be incorrect advice or drafting a Will or trust that does not quite make sense, fails to reflect the individual’s intentions, or even creates rather than reduces tax...
In order for a will to be valid, the testator (the person making the will) must have “testamentary capacity”. The test for testamentary capacity is set out in the case of Banks v Goodfellow . In order for their will to be valid, the testator...
A lifetime gift can be made for various reasons, whether to reduce inheritance tax liabilities, or simply so that the person making the gift (the donor) can see the benefit of their gift whilst they are still alive. In the UK, there are rules and...
Entering into litigation can be a scary prospect, whether it is because the outcome of the case is far from certain, or the size of the costs that will likely be incurred. A question often asked by claimants (the person bringing the claim) is “can I...
Whenever we read about estoppel claims, it is common for farms to be involved. So, what is estoppel? The elements needed to be successful in arguing estoppel can be broken down into the following questions: was a clear, and unambiguous, promise made by X...
When a loved one unfortunately passes away, their family or close friends will be tasked with estate administration, collecting and valuing the deceased’s assets, and dividing these between the correct beneficiaries. Where the deceased person left a...
What is an executor? An executor is someone who is appointed in a will to carry out the administration of somebody’s estate after they have died. If there is no will, then the person who carries out this role is known as an administrator (and the...
On 29 November 2024, our MPs are due to debate and vote on the new Assisted Dying Bill. If passed, this bill will allow terminally ill adults to be given medical assistance to end their own life. There will be strict requirements to protect vulnerable...
It is a common misconception that people who live with their partner (known as cohabitees) enjoy the same rights as married couples. A recent survey conducted by Will Aid revealed that 32% of cohabitees mistakenly believed that their estate would...
When court proceedings are threatened, it can often be scary and daunting for people. This may be because of the complicated legal nature of the dispute, or because of the rules that need to be followed. In England and Wales, civil litigation is governed by...
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...
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...
“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...
On 1 st October 2023 changes to rules on costs came into force that extend the application of fixed recoverable costs into civil litigation. These changes will not affect all areas of civil litigation practice- this article focuses on the effect...
Sometimes in disputes clients who have the benefit of positive legal advice may attempt to use that advice to inform the other side of how strong their case is. On occasion this involves forwarding on the advice to the other side, and sometimes it involves...
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