Making a Will is the only way you can ensure your assets are protected. This guide aims to answer all your questions about making a Will.
Deathbed gifts, known as Donatio Mortis Causa or DMC claims, are subject to rigorous judicial scrutiny before they will succeed. The latest case to come before the Court was Rahman v Hassan, in which the Claimant was successful.
Both proprietary and promissory estoppel are legal doctrines designed to stop a party from reneging on a promise that they have made to another party which has relied on that promise to their detriment. Proprietary estoppel is primarily concerned with land and property, whereas promissory estoppel claims concern other assets and are usually associated with an adjustment of a pre-existing contractual relationship between parties.
Contentious probate cases based on forgery are often few and far between. However, the recent, and extremely unusual, case of Wrangle v Brunt [2020] EHWC 1784 (Ch), resulted in both an intriguing judgement.
If you have been left out of a will or are a ‘disappointed beneficiary’ in that you have not received what you expected, you may be able to challenge it using a Larke v Nugus request if the will was drafted by a solicitor. It is important to distinguish this type of challenge from making a claim for financial provision under the Inheritance Act which would proceed on the basis that the will is valid.
We have written extensively over the years about the need to put partnership agreements in writing. Agreements created verbally, or through the conduct of the parties, do carry legal weight but, in the event of a disagreement, resolution often comes down to who said what which is notoriously unreliable.
Dementia, brain injuries and mental health problems can make managing money a struggle. An attorney or a deputy with authority to manage the property and money of someone who has lost capacity (“P”) can make various decisions including making gifts on P’s behalf.
The Mortgage Repossession (Protection of Tenants etc) Act 2010 came into force at the beginning of October 2010.
A Lasting Power of Attorney (LPA) can be a useful tool when people become incapable of running their own financial affairs. An LPA allows someone, of the donor’s choice, to step in and take control of the donor’s finances.
Trusts are tax efficient and afford flexibility to a person who wishes to pass assets to certain people during their lifetime or upon their death.