One of the grounds for challenging a will is that the deceased did not have the requisite mental capacity when the will was made. Ultimately the focus of the court is to ensure that the will genuinely represents the deceased’s wishes.
When you ask a surveyor to value or assess a property you need them to tell you the full story. If they don't and the property is not what you thought, due to any number of different defects, then it is likely to be worth less.
Standstill agreements are commonly used in litigation.
A grant of probate is a document which confirms that legal authority has been given to an executor of the deceased’s will.
When people think about divorce they think about a difficult, acrimonious process and a painful division of assets, all too often with the attitude that if only the other person would be reasonable everything would be straightforward.
Privilege can entitle a party involved in court proceedings to withhold a document from their opponent or to deny access to regulators and enforcement agencies.
You have won an adjudication. You have been to court and enforced the decision and have a court order. So can you issue a winding-up petition rather than sending in the bailiffs?
In an effort to reduce the number of divorce cases ending up in court, the government started to encourage divorcing couples to use mediation as the first port of call.
On 6 April 2021 Practice Direction 57AC (PD57AC) came into force which radically affects the way in which trial witness statements must be prepared in the Business and Property Courts (BPC).
2020 has been a year like no other and undoubtedly the major change in this area of law has been the amendment to the Wills Act 1837 which had been unchanged legislation for approaching 200 years.