A case in which I advised the parents of a four-day old baby who died in 2012 after being deprived of oxygen has recently been in the news as the family has only just received a five-figure settlement and an apology from Warwick Hospital.
The treatment of Pensions on divorce when assessing the financial positions of the separating couples has previously lacked consistency. The recent cases decided by the Family Court in 2020 have demonstrated that the guidance on the treatment of pensions on divorce report.
A will is an important document and a crucial way of protecting family members and loved ones. It is a legally binding document which states who should receive your estate (such as your assets, property, investments, cash, etc) after you die.
The Court of Appeal recently upheld the original judgment in Winter v Winter in which the central question was whether the two claimants had suffered detriment, having given up the idea of pursuing different careers as their parents had promised them an equal share in the family business. The Court of Appeal made it clear that detriment does not need to be judged on a financial basis alone, potentially opening the door for more farming-relating proprietary estoppel claims.
In the realm of family law, couples often find themselves contemplating the necessity of pre and post-nuptial agreements. While such legal documents may not be the most romantic aspect of a relationship, they play a crucial role in providing clarity, security, and peace of mind for both parties involved. This article will explore the significance of these agreements and how they can safeguard interests in the event of a marital breakdown.
Our tax, trust and estate planning lawyers work hand in glove with our agricultural team to make sure our farming clients receive coordinated advice that works for both their businesses and their families. Richard Dundee and Hannah Lloyd have a track record in advising farming families so that the personal affairs of individual family members seamlessly interconnect with business life of the farm.
The term ‘blended’ family describes a potentially complicated familial structure resulting from the ‘blending’ of two families following remarriage. For obvious reasons, those who have remarried will be concentrating their efforts on helping their children adjust to having a stepparent and step-siblings – and sometimes a new house and new school. What parents who remarry often overlook is the need to review what happens after they die to those assets they brought to their new marriage, and the consequences of not taking action.
We’ve reported in the past on proprietary estoppel cases where promises to a son or daughter (or other individual) that they would, in the fullness of time, inherit the farm ultimately proved to be empty. In Kingsley v Kingsley similar levels of anger were felt when a partner in a farming partnership died, leaving his interest to his widow who subsequently wanted to sell the farm that had been in the family for generations.
As is often quoted, farming is one of the few occupations where the finances of both the business and the family are intrinsically linked leading to serious implications if either element comes under significant financial pressure. Much has been written and said about how to manage the rising cost of care home fees and the need to liquidate assets to pay them – and nowhere does this resonate more than in the farming world where assets normally mean land – the very thing no farmer wants to lose.
If there’s one thing Eleanor Deeley knows, it’s construction. She is the joint Managing Director of The Deeley Group, a family-run construction company based in the Midlands and now in its 87th year of trading – a testimony to its strong values of integrity, partnership and community. In her interview with us, she shares some of her insights into – and frustrations with – the planning system.