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Expert evidence when challenging a will on the grounds of lack of mental capacity

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.

Professional negligence claims against surveyors

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

Standstill agreements are commonly used in litigation.

How can I find out if Probate has been Granted?

A grant of probate is a document which confirms that legal authority has been given to an executor of the deceased’s will.

Corporate divorce: prepare for the worst, hope for the best

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: Protecting your business communications

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.

Winding-up after enforcement of adjudicator's decision

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?

Mediation becomes compulsory for divorcing couples

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.

Witness statements in insolvency proceedings – time for change?

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).

Contested will cases UK 2020

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.