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Conveyancing, Wills and Probate Live and in Action

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conveyancing wills and probate updateAs well as our personal opinions on all aspects of Conveyancing Wills and Probate contained in the various Clutton Cox blogs, we have also been providing for many years a parallel legal news service.

We have been looking to improve how this service will be of better benefit to you.

So from today we are launching a new monthly series called

“Conveyancing Wills and Probate Live and in Action”

We will use the legal news to break down the facts of the case, the decision of the Court or outcome and what our general advice would be if you were involved in similar circumstances.

This first review includes two Conveyancing cases concerning an Auction property and a Right of Way which ended in litigation through the Courts, a contested Will case and a nasty shock for an Executor who distributed an Estate without clearing a major debt.

The four cases are described in précis below. You will need to click on the case to see the full account.

1.The Perils of an Incautious Auction

This was a sad case of a property subsiding in a land slip a short time after it was purchased at an auction.

The Auction particulars actually stated the property was severely structurally damaged.

The Buyer neglected to have a survey done or take other advice prior to bidding at the auction.

2.Unexpected Debt Causes Shock for Executor

This case involved a nasty shock for an Executor of a deceased Estate who received a claim form the Pension Office for over claimed benefits – after she had distributed all the monies in the Estate. Be warned!

3.Reasonable is as Reasonable Does in Conveyancing

A case which centred on the definition of reasonable when applied to a right of way.

The right of way was being abused and the Court thankfully bowed to common sense in its decision.

4.Solicitor Supports Disputed Will and Defeats Will Challenge

A good little case this one where a Solicitor's evidence was given to dismiss a claim by a disgruntled son that his mother lacked mental capacity at the time of making the Will. Not something a home made Will from WH Smith or the Post Office would have been able to prove – but you knew that, dear reader didn’t you?

If you have any questions arising out of this blog or you would like specific advice (see disclaimer below) you can take advantage of our free Consultation by clicking below.

Until next month..

Paul Hajek