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Estoppel - it's not always about farms (but it normally is!)

Emily Parry
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Whenever we read about estoppel claims, it is common for farms to be involved. So, what is estoppel? The elements needed to be successful in arguing estoppel can be broken down into the following questions: was a clear, and unambiguous, promise made by X...

How to challenge an administrator of an estate?

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When a loved one unfortunately passes away, their family or close friends will be tasked with estate administration, collecting and valuing the deceased’s assets, and dividing these between the correct beneficiaries. Where the deceased person left a...

Are you worried that an executor isn't acting properly?

Leah Merrifield
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What is an executor? An executor is someone who is appointed in a will to carry out the administration of somebody’s estate after they have died. If there is no will, then the person who carries out this role is known as an administrator (and the...

The Assisted Dying Bill - a change to the legal landscape

Emily Parry
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On 29 November 2024, our MPs are due to debate and vote on the new Assisted Dying Bill. If passed, this bill will allow terminally ill adults to be given medical assistance to end their own life. There will be strict requirements to protect vulnerable...

Will I inherit from my partner's estate?

Leah Merrifield
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It is a common misconception that people who live with their partner (known as cohabitees) enjoy the same rights as married couples. A recent survey conducted by Will Aid revealed that 32% of cohabitees mistakenly believed that their estate would...

Avoiding pitfalls: serving claims correctly

Emily Parry
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When court proceedings are threatened, it can often be scary and daunting for people. This may be because of the complicated legal nature of the dispute, or because of the rules that need to be followed. In England and Wales, civil litigation is governed by...

What is mediation, and should I attend?

Leah Merrifield
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Disputes concerning finances, inheritance and property are often complex, and therefore expensive to resolve through court. These types of disputes also frequently involve family members, which can make them particularly distressing. These factors mean that...

What happens when Testamentary Capacity goes wrong?

Emily Parry
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Testamentary capacity is the ability of someone (a “testator”) to give instructions for, and then execute, a Will. The test for testamentary capacity is determined by the court, and follows principles laid down in case law. This is different from...

Fixed Recoverable Costs and Property Litigation

Nigel Maguire
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On 1 st October 2023 changes to rules on costs came into force that extend the application of fixed recoverable costs into civil litigation.  These changes will not affect all areas of civil litigation practice- this article focuses on  the effect...

Privilege in Litigation - When Is It Waived, and When Are You Obliged to Hand Over Your Legal Advice to the Other Party/Parties?

Alex Forster
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Sometimes in disputes clients who have the benefit of positive legal advice may attempt to use that advice to inform the other side of how strong their case is. On occasion this involves forwarding on the advice to the other side, and sometimes it involves...