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Bespoke articles and shareholder agreements for companies

In the absence of a written shareholders’ agreement, the relationship between the shareholders of a company is governed by the company’s articles of association, the Companies Act 2006, case law and certain other relevant pieces of legislation.

Proprietary estoppel in contested wills

Many contested wills feature valuable Estates, which include farms and / or land, and the combination of a high value Estate, and grounds to contest a will, is often sufficient to launch a claim. Add to the mix a will containing different terms to those anticipated and a proprietary estoppel claim from a disappointed beneficiary may well result.

Tackle Your Balls - know the signs of testicular cancer

Testicular cancer is the most common type of cancer for men under the age of 40. Just five years ago, there were 2,418 diagnosed cases of testicular cancer in the UK, and around one death recorded each week. These figures are on the rise.

Silence is Golden: Review of Burns v Burns [2016]

Silence is golden or so they say. This isn’t true however, if you are tasked with taking instructions for the preparation of will. A recent judgment from the Court of Appeal outlines the correct application of ‘the Golden rule’ in cases where testamentary capacity is challenged.

Maintenance payments; do you need the Court of Protections’ approval?

It is not uncommon for someone to provide for the needs of another person. There are many situations where someone will assume responsibility for another person, such as:-

Tax planning for business owners

Business property relief (BPR) is a relief from inheritance tax (IHT) at either 50% or 100% on trading business interests or assets owned by the person claiming the relief. This relief applies to business property either transferred during a person’s lifetime, or on their death, providing they have owned them for the preceding two years.

Does a continued duty of care arise for professionals to correct previous negligence?

A recent appeal case has held that there is no continuing duty on professional advisors to correct previous acts of negligence. Where a professional fails to correct previous mistakes, this does not give rise to a fresh cause of action every day after the mistake has been made.

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.

HMRC “misdirect” themselves as Court of Appeal quashes follower and accelerated payment notices

A taxpayer successfully appealed his follower and accelerated payment notices in the Court of Appeal decision (Haworth, R (On the Application Of) v Revenue and Customs)

The Financial Ombudsman can still decide based on fairness – even if that is different from the letter of the law

The Financial Ombudsman Service (FOS) decides on financial services disputes by considering what is fair and reasonable in all the circumstances of the case, rather than based on the letter of the law.