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Court Breaks Impasse Between Warring Brothers in Farmland Dispute

Co-ownership of land by family members can be intensely problematic if they do not see eye to eye as to the use to which it should be put. A High Court case on point focused on a naturalist's ambition to 'rewild' farmland he and his brother had jointly...

Court of Appeal Allows Will Dispute to Proceed

There is a general principle that a person may leave their estate to anyone they wish, but legislation exists – the Inheritance (Provision for Family and Dependants) Act 1975 – to allow people dependent on a deceased person to claim against the...

High Court Resolves Family Row Over Funeral Arrangements

What exactly is a will? The High Court addressed that fundamental issue in resolving a bitter family dispute in respect of where a much-loved son and husband should be buried. Following the man's death from cancer, his mother insisted that he should be...

Promises, Promises - Always Get a Lawyer to Put Them in Writing!

The trouble with informally agreeing with your loved ones what is to happen to your assets after you are gone is that you may not have considered all eventualities, and disputes can arise as to what has and has not been promised. Exactly that lay at the root...

Judge upholds Will in dementia dispute

For a Will to be valid, the testator (the one making the Will) must be ‘of sound mind’ at the time of making and signing the Will. This means that they must be capable of understanding and approving of the contents and effects of the Will. With...

Is Your Will Out of Date? Execute a New One Before It's Too Late!

Allowing your will to become out of date stores up trouble for your loved ones. That was strikingly so in one case in which a successful businessman suffered a stroke before he could make a new will taking account of his changed financial and personal...

If a Loved One's Will Does Not Meet Your Needs, Don't Delay in Seeking Advice

If a loved one upon whom you depend financially fails to make reasonable provision for you in his or her will, judges have the power to put that right. However, there are time limits that apply to such proceedings and that is why it is vital to consult a...

High Court Relieves Family of Consequences of Badly Drafted Trust Deed

Trust deeds can be an effective means of managing family wealth and minimising tax liabilities but, as a High Court decision strikingly showed , any mistakes in their drafting can have serious repercussions for generations to come. The case concerned a...

Court of Appeal Acts to Save Entrenched Litigants From Themselves

The whole purpose of the civil justice system is to achieve just and final resolution of frequently intractable disputes – and, as a guideline Court of Appeal decision in an inheritance case made plain, that includes saving litigants from themselves...

LPA - Bank Practice

A lasting power of attorney (LPA) is a document that may be used so that the finances or other issues of a person who cannot deal with them themselves may be attended to by a trusted third party – normally a solicitor or a family member. When an LPA...
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