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Until the recent publicity afforded by television shows on the subject, many people might not have realised that ‘heir tracing’ companies exist, let alone that they research ‘promising’ estates by looking at public records and then...
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When is a safe period to retain records after someone dies? Well, if you are claiming unclaimed allowances for Inheritance Tax (IHT) retaining records after a person has died is essential. You will need to retain the records in order to demonstrate...
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i recently posted about this case in the blog section of our website under Will Writers: They're All Solicitors.Right? Here is a more in depth analysis of the case. The trial of an unqualified will writer took place in Bristol recently when a 45-year-old...
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Lending for residential property purchases has increased significantly in recent months – the July figure of £16 billion showing a 26 per cent rise over June. August and September have both shown gross mortgage lending of about £12.5...
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The Office of the Public Guardian has responded to criticisms of its overly complex forms for creating a Lasting Power of Attorney (LPA) by issuing new and simplified forms. An LPA allows a person to give a friend, relative or trusted advisor the power to...
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After a bruising legal battle, which has cost more than £1.3 million in fees, a Yorkshire doctor has won the right to inherit her late parents’ farm, which is valued at £2.3 million. In 1993, Dr Christine Gill’s parents made wills...
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In a recent case, a man who was banned from entering the village in which he had previously lived, after successive acts of anti-social behaviour, has lost his appeal against the imposition of an anti-social behaviour injunction (ASBI). Michael Redpath had...
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The following is a brief overview. You can find more information on Chancel repairs in the blog section of our site. Click here for Chancel Repair Liability: 21 Things You need to know and then mostly forget and click here for King Henry VIII and...
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The division of the estate of a man who had a ‘senior moment’ when providing information for his will had to be sorted out in court recently. When Leslie Fawdon drafted his will, he left half of his estate to his nephew, described as ‘Mark...
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An appearance in the criminal court may await a property owner who tried to be too clever with his local planning department. The property owner submitted a planning application to build a barn to store hay. This was granted on the condition that use was...
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Ownership of land is often fettered with obligations and, in some circumstances, the obligation can be to permit someone else to extract something from the land. In legal terminology, this is called a profit-à-prendre and one of the most common of...
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Elderly people can become suggestible and it is, regrettably, not uncommon for avaricious people to attempt to influence them for personal gain. In a recent case in point, an elderly and wheelchair-bound lady altered her will a few months before she died so...
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The widow of a man who died as a result of being exposed to asbestos while working at an oil refinery many years earlier has been awarded more than £300,000 in compensation in the High Court. Frances Streets’ husband began his career working for...
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Where an agreement is entered into as a result of a misrepresentation, the court can order the agreement to be set aside. This recently benefited a wife who entered into an agreement which meant that her sole beneficial interest in the family home was...
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A man who fell from a London bus and suffered severe head injuries has been awarded a seven-figure compensation settlement. Vincenzo Bollito, a 36-year-old designer, was between the doors of the bus when the driver closed them and accelerated down the road....
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A property and affairs Lasting Power of Attorney (LPA) is a power of attorney which allows you to authorise one or more named persons to make decisions on your behalf in order to manage your property and financial affairs if you are no longer able or...
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The UK has some of the strictest laws in the world to protect beneficiaries from rapacious executors and trustees. Recently, a woman who was the co-executor of a man’s will and trustee for his minor child was jailed for three years after making...
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When an easement exists over land, as a general rule it cannot compel the landowner to do anything, it can only prevent them from stopping something being done. This proved the undoing of a developer, who bought a piece of land, intending to...
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In a recent case involving an attempt to rescind a contract to purchase a leasehold property, the High Court ruled that where a special condition of sale is written into a contract and this is inconsistent with the usual standard conditions of sale, the...
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The importance of having an up-to-date will is highlighted by the events following the death of a wealthy Scotsman. His personal circumstances had changed but his will had not. The man separated from his wife in 2005 and each signed an agreement that they...
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A landlord who decided to go for a stroll when the hearing of his case was delayed was left to count the cost of the judge’s displeasure recently. During the hot weather last July, the landlord, who was contesting his tenant’s right to have her...
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One of the more common reasons for litigation over an estate is when a new will is written or an existing will is changed late in life and the persons disadvantaged by the change allege that the testator (the person who made the will) was not mentally...
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Unlike some countries, the UK allows a will to be varied if the beneficiaries under it all agree. A variation of a will is often an effective way to save Inheritance Tax or to provide a fairer division of assets. However, a recent case shows that with...
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A case dealing with the parking rights relating to three adjoined houses (all part of a development of older agricultural buildings) has been decided by the Court of Appeal. It has implications for developers of similar properties, such as barn conversions. ...
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A trust comes into effect when a ‘settlor’ places money, land or other assets in the hands of trustees. The trustees are the legal owners of the property but are obliged to hold and manage the property for the benefit of a person or a group of...
