Blog

Undue Influence Claim Rejected By The Court

Coles v Reynolds & Anor [2020] EWHC 2151 (Ch) was a claim brought by the first daughter (the Claimant) of the deceased against the second daughter (the Defendant). The Claimant claimed that the deceased had been unduly influenced to create a will which...

Why can't I divorce my spouse straight away without alleging fault?

It is very unfortunate that under the law of England and Wales as is currently stands you have to allege fault in order to obtain a divorce unless you are prepared to wait for 2 years and have the consent of your spouse.  This means that for the...

Divorce and Finances: Is capital always divided equally?

The starting point when considering finances on divorce is an equal division of capital and marital assets. However, there are a number of reasons which can displace this starting point.  These are known as the ‘section 25 factors’ found in...

Face masks confiscated after trading standards raid

On 24 July, face coverings became compulsory in shops unless you are medically excused. As a result, the demand for face masks has increased. Legislation requires that face masks to prevent the spread of coronavirus must be safe and have instructions in...

Remote signing of wills welcomed by Law Society

In June, we discussed the risk of the work arounds some solicitors were trying to use when having wills signed.  After petitioning to government, the Law Society has convinced the government to allow remote witnessing over a video link for the time...

Do I have to continue paying child maintenance if either me or my ex-partner remarries?

Child maintenance is paid by an absent parent for the benefit of the children concerned.  If you are a non-resident parent, you have an ongoing legal duty to maintain your child financially up until they reach age 18.  Whether or not you have...

Can I move abroad with my children?

You cannot move abroad unilaterally without gaining the consent of all parties who have Parental Responsibility for the child.  This is most likely to be the other parent, however it is possible for other parties to have acquired parental responsibility...

Deed of trust proves intention in recent inheritance dispute

In 2016, Mrs Wilcox died. She had made a will in 2014 which was written by her son Edward and witnessed by his friend and his friend’s wife. In that will, she left her property to her son. Mrs Wilcox’s other children, Lesley and Dennis, argued...

What is a Help to Buy Equity Mortgage?

With a Help to Buy Equity Loan the Government lends you up to 20% (40% if you’re in London) of the cost of home, meaning you only need a deposit of 5%. You then borrow the rest of the purchase amount as a mortgage. To be eligible for a Help to Buy...

Lost will found after cat knocks over pile of papers

A farm was owned by 3 siblings, Dean, Dale and Venetia. They had inherited it after their grandfather passed away and they owned it in equal shares. In 2007, Dean died. Dean was thought to have died without making a will and therefore all his assets...
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