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Selling land held in trust: the rights of minority beneficiaries

It is not unusual for land and property to be held within a trust for the benefit of family members (and is a particularly common arrangement for farming families). Predictably, this arrangement can enter choppy waters when one of the beneficiaries wants – or needs - to sell their share.

Guide to property protection trust wills

A property protection trust will is a will designed to help protect your property from an assessment to long term care fees. The half share of the family home belonging to the first person to die, passes into the trust.

Succession Planning Conference 2025

Join our Private Client Team for an insightful seminar on effective estate planning and succession strategies, designed to help preserve and protect your wealth for future generations. Whether you're a business owner, farmer, or involved in family-owned enterprises, this session will provide you with essential legal and strategic advice.

The Judgment of Ilott v Mitson & others: Facts in five

Following the Judgment of Ilott v Mitson & Others handed down on 15 March 2017, this has given rise to a number of legal questions for the profession and has caused those who may have a claim pursuant to the Inheritance (Provision for Family and Dependants) Act 1975, to ask “what does this mean for me?”

Maternity services under pressure

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.

Pensions on divorce - recent case law

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.

Making a will if you lack capacity or have dementia

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.

Lessons from Dale Vince: Key Insights for Divorce Practitioners

A recent High Court ruling ordered green energy entrepreneur Dale Vince to pay his ex-wife, Kate Vince, over £40 million following their divorce. The judgment requires Mr. Vince to make three payments totalling £43.51 million, with the first due by 30 April 2025. This case highlights several key lessons for family law practitioners:

Proprietary estoppel: detriment need not be financial

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.

Pre and post-nuptial agreements

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.