Legal News

Fake Will Admission May Lead to Criminal Charges

When your spouse's lack of attention to making a will causes issues, faking one is definitely not a good idea, as a Kent woman found out recently. Her husband died in 2013 leaving various properties in Spain and a flat in England, but no will. The woman...

High Court Decision Underlines the Finality of Divorce Arbitration Awards

Divorcing couples can sometimes achieve savings of both time and money by opting for arbitration, rather than court proceedings, as a means of resolving any financial disputes. However, as a guideline High Court case underlined , arbitration has its...

Company or Unincorporated Firm? The Distinction Can Be Vitally Important!

A limited company has a legal personality all of its own, but an unincorporated firm does not. As a High Court ruling in respect of a domestic building dispute showed , that distinction can in some cases be a crucial one. A couple who were to move into a...

Attorney Allowed to Take Over as Executor

It is commonplace for people to appoint siblings or friends as their executors. When they do and they are of a similar age, there is a risk that when the person who has made the will dies, the proposed executor will have predeceased them or lack the mental...

Sharing Principle - Court of Appeal Gives Guidance

The application of the 'sharing principle' to big money divorces is more than a matter of simple mathematics, and what family judges aim to achieve is a broadly fair outcome for both sides. That was certainly so in one case in which the Court of Appeal...

Doing an Important Business Deal? Make Sure You Get it in Writing!

The existence of oral agreements is easily asserted but very hard to prove, and that is one good reason why important deals should be in writing and professionally drafted with the benefit of legal advice. In a case on point, a businessman received nothing...

Disinheriting Relatives Can Be a Recipe for Discord

You may have good reasons for writing close relatives out of your will but, as any lawyer will tell you, the consequence of doing so can be family discord after you are gone. That was certainly so in one case concerning a father who disinherited his...

Licence Revocation Threat Averted by Prompt Action

Government regulatory decisions can have an instant and catastrophic impact on businesses, but prompt legal action can ensure that such damage is not unfairly inflicted. The point was made in the case of a company whose licence to warehouse duty suspended...

Commercial Surrogacies Abroad Are Not Illegal - Court of Appeal Ruling

Although commercial surrogacy businesses have long been banned in the UK, the Court of Appeal recently ruled that a clinical negligence victim would not be breaking the law were she to enter into such an arrangement in California, where a more liberal...

Son Who Did Not Do Enough Excluded From Farm Inheritance

When parents changed their wills to exclude their son from inheriting their £1 million farm after a family falling-out in 2016, he took the unusual step of challenging their right to do so. Normally, such challenges are made against the estates of...

Procedural Unfairness Stops Council Care Action

When the mother of a teenage daughter who had been taken into care in 2016 with her agreement had another child, the local council's social services department became involved. The woman's daughter had been removed from home as a result of her mother's...

Just Because a Debt is Small...

Many people think that the costs and difficulty of litigation mean that it is not worth pursuing relatively small debts. However, a High Court case in which a carpenter won the right to be paid for his work on a building project showed how wrong that...

Court Visit Required to Give Clarity to Will

Many wills contain clauses which alter the distribution of assets in the event of changing circumstances, such as the death of one of the beneficiaries under the will before the person making it. When drafting such clauses, it is essential that they are...

Gold Visas Scheme Relaunch With Vetting Proposed

The Government has taken steps to halt the 'Tier 1 Investor' visa scheme after it became clear that it was being used to launder the proceeds of criminal activity and tax evasion. The scheme allowed wealthy individuals to enter the UK and obtain indefinite...

UK Fairness Test Mitigates Italian Pre-Nuptial Agreement

The law relating to the division of family assets on divorce varies widely across the world and the UK is generally regarded as one of the fairer jurisdictions for such financial arrangements in that the assets tend to be divided more equally than in many...

Transfer of Pension Fund Does Not Escape IHT Charge

Inheritance Tax (IHT) is not only payable on the value of the estate of a deceased person, but can also be levied on 'transfers of value' from the deceased's estate in the seven (exceptionally 14) years prior to their death. But what counts as a transfer of...

Financial Ombudsman Service Remit to be Extended to Cover More Small Businesses

The Financial Ombudsman Service (FOS) exists to deal with complaints between financial service businesses (such as banks, insurance brokers, and loan and mortgage providers) and their customers – some of which are also businesses. Access to the FOS is...

Misled Mother to Lose Home

It may sound overcautious to say so, but it is always worth taking legal advice before entering into any significant arrangement, even when it is with a trusted member of the family. Failing to do so has proved to be an expensive lesson for a woman who has...

Probate Charges to be Increased for Larger Estates

Proposals to link the cost of being granted probate over an estate valued at more than £5,000 (currently fixed at £215 for those applying individually or £155 if applying through a solicitor) to the value of the estate were announced in...

Recalcitrant Husband Banned From Paying His Lawyers Until Arrears Cleared

It is commonplace for one spouse to control the family finances and, while relations are amicable, this usually causes few issues. However, if the relationship falls apart and separation or divorce is in train, this is often no longer the case. When a...

Director Who Flouted Ban Given Jail Sentence

Ignoring a court ruling is a foolish strategy at any time – as a man who continued to act as a director after having been banned from doing so found recently. In 2011, the man had agreed to a four-year ban after being involved in the running of a...

Lack of Will Leads to Family Dispute in Court

When a man's first wife died, he inherited her share of the property they had owned jointly. At the time, he was living with his third wife, and the couple remained together for a further 28 years until his death in 1990. He died without making a will and...

Modern Slavery Compliance Regime to be Tightened Up?

There are estimated to be more than 40 million people who are victims of 'modern slavery' at any given time. A quarter of them are children, and the number of victims in the UK was estimated to be between 10,000 and 13,000 in 2013, although the National...

Vaccinations Protect Child's Welfare

There has been a massive amount of disinformation put about over the years (and, apparently, recently promoted by the Russian security services) regarding the effects of various vaccinations on children. One result is that some parents are deeply wary of...

Leaving Your ISA to Your Family

Individual Savings Accounts (ISAs) have many advantages over normal savings accounts – chiefly that the investment income earned on them is tax free and gains within them are not subject to Capital Gains Tax. They are, not surprisingly, widely regarded...
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