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Presumption of death - protecting and managing affairs

On 27 April 2017, the Guardianship (Missing Persons) Bill received Royal Assent and became the Guardianship (Missing Persons) Act 2017. The Act is not however yet in force. The Government anticipates that it may be implemented in 2018.

Inheritance tax planning and the Court of Protection

Attorneys and deputies have the authority to make financial decisions on behalf of someone who no longer has the capacity to make such decisions.

Testamentary capacity: possible indications of early stage dementia and the “golden rule”

Lord Templeman was a very well renowned member of the judiciary and his legacy in respect of private client law continues to dictate best practice today. Lord Templeman is particularly known for his advent of the “golden rule” surrounding testamentary capacity.

Do I have a legal right to see a will?

A will is a legal document which records how an individual would like to dispose of their estate after they have passed away.

Promise of inheritance almost thwarted by intestacy rules

In an unusual proprietary estoppel case, Wills v. Sowray, two brothers found themselves disputing a claim by the daughter of their deceased friend, Tony Sowray, that they were not entitled to inherit his farm despite an understanding that they would do so.

An invalid will due to a lack of testamentary capacity

In 2021 the High Court ruled that Evan Richard Hughes' final will was invalid as he lacked the necessary testamentary capacity when he made his will. This was decided even though both a solicitor and medical professional determined that he did have the required testamentary capacity at the time of making his will.

Mediation - What is a successful outcome?

Using mediation to deal with and resolve harassment and discrimination issues in the workplace can be very cost-effective for employers who would otherwise have to deal with work related stress, absences, depression and claims of disability discrimination.

Reforming the Landlord/Tenant Relationship

Considerable column inches have already been devoted to the introduction of The Renters (Reform) Bill with many commentators lamenting that it will hasten the demise of the private landlord. Hailed as the biggest overhaul of residential tenancy law for over thirty years, it seeks to address perceived inequalities in the landlord/tenant relationship.

Labour’s immigration commitments – what should businesses expect?

The new government has delivered on setting up a new UK Border Security Command (BSC) to enhance security and tackle organised criminality around trafficking and scrapped the expensive and controversial Rwanda plan. Against this background, what should businesses, still worried about skill shortages and employment costs, expect?

Law firm announces new residential property team

A leading Midlands law firm has announced a new residential property team which provides specialist expertise across England and Wales.