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Insights

Can you make a gift on your deathbed?

Posted on 03rd March 2021 in Dispute Resolution, Probate & Wills

It is always best to ensure you have a carefully drafted, and updated Will setting out what you would like to happen to your property and effects when you die. The law protects your decisions in most cases but this can provide some inflexibility in the way your estate is handled. Equally, if there is no Will, the intestacy rules can result in undesirable consequences.

Posted by

Martin Laver

Partner and Solicitor

Insights

The Inheritance Act and Adult Children

Posted on 23rd February 2021 in Dispute Resolution

Following our recent insight on the Inheritance Act and Minor Children, this insight moves onto another category of claimant under the Inheritance (Provision for Family and Dependants) Act 1975 (“Inheritance Act”) - adult children.

Posted by

Martin Laver

Partner and Solicitor

Insights

The Inheritance Act and Minor Children

Posted on 11th February 2021 in Dispute Resolution

There are many different types of claimants under the Inheritance (Provision for Family and Dependants) Act 1975 (IPFADA).

Posted by

Cory Stephenson

Trainee Solicitor

Insights

What happens to joint property when cohabitation ends?

Posted on 03rd February 2021 in Family Law, Dispute Resolution, Residential Property

Separation is never easy, but if you and your former partner own property together, the situation can be even more complicated.

Posted by

Martin Laver

Partner and Solicitor

Insights

When your partner owns your family home

Posted on 12th January 2021 in Dispute Resolution

We see many situations where the family home is owned by only one individual in a relationship. Whilst not anticipated, separation causes significant problems for the individual who has lived in the family home but has no formal legal ownership of it.

Posted by

Martin Laver

Partner and Solicitor

Insights

Caveat – Stop Probate

Posted on 16th April 2020 in Dispute Resolution

In most cases, a Grant of Probate is required for the estate to be dealt with and administered. Without the Grant of Probate, an executor will not be able to sell any property which belongs to the deceased, nor will they have the authority to deal with the estate’s assets.

Posted by

Martin Laver

Partner and Solicitor

Insights

Are the Courts still dealing with disputed Will claims during the Covid-19 crisis?

Posted on 30th March 2020 in Dispute Resolution, Coronavirus Pandemic

The Courts remain in operation and are hearing trials and applications albeit remotely, like most of us! You will still be able to dispute a Will and issue a claim through the Courts but, for the moment, most aspects of the claim will be dealt with electronically.

Posted by

Martin Laver

Partner and Solicitor

Insights

Intestacy: Married partners to receive more from an estate

Posted on 24th March 2020 in Dispute Resolution

The intestacy rules will take effect where an individual dies without a valid Will in place.

Posted by

Martin Laver

Partner and Solicitor

Insights

Carer wins Inheritance Act award from Grandparent’s estate

Posted on 12th August 2019 in Dispute Resolution

Can a family member who was being paid to care for a family member make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they are left out of a will?

Posted by

Martin Laver

Partner and Solicitor

Insights

Can I bring an Inheritance Act claim out of time?

Posted on 07th January 2019 in Dispute Resolution

This insight focuses on the time limit to bring an Inheritance Act claim and in what circumstances this time limit may be extended. For an explanation of an Inheritance Act claim, please click here.

Posted by

Martin Laver

Partner and Solicitor

Insights

What is a Larke v Nugus request?

Posted on 01st January 2019 in Dispute Resolution

If you are considering disputing a will on the grounds explained here, the first formal step is often to make a Larke v Nugus request. This insight explains more about a Larke v Nugus request.

Posted by

Cory Stephenson

Trainee Solicitor

Insights

Cost Budgets and Precedent H – Essential Guidance

Posted on 31st October 2018 in Dispute Resolution

The normal rule in litigation is that the successful party is entitled to recover its costs from the other party. The Civil Procedure rules now give courts wide discretion in controlling the amount of costs parties can recover. The rules require parties to submit a budget (i.e. breakdown) of the legal costs they expect to incur. Precedent H is the prescribed form for that budget which must be filed in the majority cases which are valued at over £25,000.

Posted by

Dan Griffin

Associate and Solicitor