Do Executors Have To Step Down When Asked?

June 14th 2024 | contested probate
The role of executor can be a complex one, and we have warned in a previous blog  about the need to think very carefully before appointing friends or family members as executors. The task can be very involved and time consuming. It involves gathering in estate assets, preparing accounts, declaring read more...

Do You Need Legal Advice On A Settlement Agreement?

May 9th 2024 | employment
You’ve just been given a settlement agreement by your employer but what do you do next? Even if it seems like they are giving you a fantastic deal and you want to sign on the dotted line straight away, you should take a breathe and consider your next steps and, read more...

What Claims Can Be Settled By A Settlement Agreement?

April 11th 2024 | employment
Settlement agreements are typically used in an employment context when an employee’s employment is being terminated, but also to resolve an ongoing dispute. You can read about the basics of settlement agreements here . It is important to note that settlement agreements cannot offer a blanket settlement of any and read more...

1975 Act Claims: Adult Children

March 13th 2024 | contested probate
In our previous blog , we discussed the position of minor children in bringing claims against the estate of a deceased person. Claims by children generally mean claims against the estate of the deceased’s child or a ‘child of the family’ e.g. stepchildren. This blog discusses the position of adult read more...

What Is A Settlement Agreement?

March 7th 2024 | employment
A settlement agreement is a legally binding contract made between an employer and their employee. They are usually offered to an employee when their employment is being terminated but they can also be used if there is ongoing dispute to be resolved, even if the employee is not leaving their read more...

1975 Act Claims: Claims on Behalf of Minor Children

March 5th 2024 | contested probate
As set out in a previous blog , 1975 Act claims are claims for reasonable provision from a deceased person's estate. It is not uncommon that those bringing such a claim would be a child – or more accurately an adult litigation friend representing the interests of a minor child read more...

1975 Act Claim: It's All In The Timing

February 13th 2024 | contested probate
In our previous blog we discussed the case of Archibald v. Stuart and another . The case, in case you haven't been following along with this thrilling series of blogs, concerns Neil and Julie. Julie, in particular has had a very difficult time of things. Firstly, her in-laws have passed read more...

1975 Act Claims: Can You Claim Against Your In-Laws Estates?

February 6th 2024 | contested probate
Claims under the Inheritance (Provision for Family and Dependents) Act 1975 – or as they are often called Inheritance Act claims, or 1975 claims – are claims that a deceased person has failed to make reasonable provision for the applicant in their will or that reasonable provision has not been read more...

Why Has There Been An Increase In Inheritance Disputes?

January 24th 2024 | contested probate
A recent report by the Times has shown that court cases relating to disputed wills have increased by over 34% since 2017 and by more than 140% in the past decade. However, these figures should be taken with a pinch of salt as this only represents the disputes that end read more...

Can You Stop Your Staff from Discussing Salaries?

October 6th 2023 | employment
I will start this article with a confession – I am obsessed with TikTok.  Yes it’s probably melting my brain and stealing my data, but it’s also highly entertaining and often informative.  One of the more informative themes that pops up on my FYP is HR advice.  I don’t search read more...

What To Do If You Have Been Left Out of a Parent’s Will

June 21st 2023 | contested probate
In the UK, we have the intestacy rules which say what will happen to your estate if you die without  leaving a will.   There is a set order of priority in which people will inherit your estate.  The intestacy rules are complex but in brief: If you die leaving a read more...

UPDATE: Changes To Employment Law Following Brexit

May 30th 2023 | employment
Brexit may now seem like a distant memory, but the ramifications are still being dealt with in the legal framework of the UK. Earlier this month the government announced that it was intending to make a number of important changes to employment law in England and Wales. Working Time Regulations read more...

Negligence In Will Writing

April 24th 2023 | dispute resolution
A will is probably one of the most important documents you will prepare in your lifetime.  Your will allows you to dictate what happens to your estate after you die and will often also dictate your funeral wishes. It is therefore important that a will reflects your wishes and is read more...

Do I Need An LPA If I Have An EPA?

April 14th 2023 | powers of attorney
Lasting Powers of Attorney (LPAs) were introduced in England and Wales under the Mental Capacity Act 2005 which came into effect on 1 st October 2007. LPAs replaced the earlier Enduring Powers of Attorney (EPA) so is it necessary to set up LPAs if you already have an EPA in read more...

My Partner has Died, Can I Stay in the House?

March 31st 2023 | dispute resolution
If your partner has passed away, you may find yourself wondering what will happen to your living situation.  The answer really depends on a number of factors, including if the house was owned, by whom, and how. This blog considers some scenarios relating to owned property (not rented) and assumes read more...

Contentious Probate Claims: Who Pays The Costs?

March 7th 2023 | contested probate
It seems to be a common misconception that in contentious probate claims, all parties have their costs paid from the estate. This simply isn't correct. The matter of whose costs are paid and from where is a complex one, and will often vary case to case. Executors Executors should generally read more...

Ellis v Bacon: A Study in Martial Status Discrimination

February 28th 2023 | employment
In January 2023, the Employment Appeal Tribunal (EAT) ruled that, in order to succeed in a claim for marital discrimination, it was necessary to show that the reason for the unfavourable treatment was the fact that someone was married rather than just in a close relationship. Background In the case read more...

Electronic Signatures: What Are They and When Can They Be Used?

January 24th 2023 | general
Electronic signatures have been in use throughout the 21 st century but they became a lot more important during COVID as restrictions and lockdowns meant that it was a lot more difficult to sign documents in person. Electronic signatures provide a lot more flexibility, but it is important that you read more...

How To Enforce A Judgment

December 20th 2022 | dispute resolution
If you’ve ever been a party to litigation, you may well know that trial often isn’t the end of the matter.  Say you have a debt claim where you have claimed £100,000 against the judgment debtor.  You have a trial, and the judge agrees that you are owed the money read more...

How Do I Address A Judge?

December 9th 2022 | dispute resolution
When engaging in court proceedings, there are a number of different rules and protocols that must be followed. In particular, it is important that you address the Judge correctly when speaking in court as you always want to try and keep them on your side. The Lord Chief Justice and read more...

Who Is Liable In Business Email Fraud Cases?

December 2nd 2022 | dispute resolution
Email hacking or to give it its proper name business email compromise (‘BEC’), is unfortunately relatively common. The most common scenario is one of a phishing attack where criminals hack a business’s email, and contact their customers or suppliers pretending to be that business and asking them to make payments read more...

The Unsuspecting Executor: The Chain of Representation and What It Means

October 24th 2022 | wills and probate
It is sometimes the case that an executor appointed in a Will dies having obtained the Grant of Representation, but before they have completed the administration of the estate. For the purpose of this article, we will call that executor the ‘representative’. If there are other living representatives, they will read more...

What’s a Hotchpot and What Does It Have to Do With My Will?

September 30th 2022 | wills and probate
There are many things to consider when drafting your Will and one of those is whether you want your lifetime gifting to be considered in the administration of your estate. A hotchpot clause is designed to ensure that your beneficiaries receive equal benefit from you in life and death. In read more...

Recovering Company Assets

July 15th 2022 | dispute resolution
How do company assets become bona vacantia? When a company is dissolved, any property that it beneficially owns immediately before dissolution is passed to the crown and is then known as bona vacantia, which literally means “ownerless goods”. The main ways in which property becomes bona vacantia are as follows: read more...

Put Up Or Shut Up: Dealing With Potential Will Validity Claims

June 9th 2022 | dispute resolution
The position for an executor where a person disputes the validity of a Will is extremely difficult. The job of the executor is to distribute the estate in accordance with the Will and in a reasonable timeframe, however if it is invalid, the estate may need to be distributed differently read more...

A Chat With Our Trainee Solicitors

March 18th 2022 | social
It can be difficult to know what the day-to-day life of a Trainee is really like, so we had a chat with our two Trainee Solicitors, Kezia and Isabel , to give you the inside scoop. This is what they had to say about their experiences as they complete their read more...

A Step-By-Step Guide to Conveyancing

January 26th 2022 | residential property
Buying or selling property can be a very stressful experience, and it can be difficult to understand why the process seems to take a long time when you don’t know what is going on behind the scenes. Conveyancing is the process of transferring legal title of a property from one read more...

Can My Wife Witness My Deed?

September 23rd 2021 | commercial property
A deed is a document which requires more than a simple signature to be validly executed. They are used for a range of matters, such as transferring ownership when buying and selling a house. Therefore, it is likely that you will sign a deed at some point in your life read more...

Litigation Privilege: The Dangers of Discussing Litigation in Emails

October 22nd 2019 | dispute resolution
We have discussed before in a previous blog post the difficulties in maintaining privilege in documents produced for employment cases within a company. However, there is similar difficulties in maintaining litigation privilege in commercial disputes. But what is privilege? In order to understand privilege, you need to understand the process read more...
Load More