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When Is Influence ‘Undue’?

Chun Wong

Posted by Chun Wong | Partner
On 3rd April 2018

There are various methods of challenging the validity of a Will, one of which is to show that undue influence had been exerted on the deceased.

This is by far the hardest method of setting aside a Will and that is reflected by the fact that there has only ever been 4 successful cases determined in the court.

There must have been ‘coercion’ rather than just ‘persuasion’, and that is a concept which most of my lay clients struggle with.

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Commonhold: Panacea or Placebo?

Chun Wong

Posted by Chun Wong | Partner
On 9th March 2018

Leaseholds are today the most common form of ownership especially in the South, with new build flats nearly rivalling new build houses which has been compounded by the shortage of square footage.

However, there are increasing issues with this type of tenure which is leaving a sour taste of home owners across the country. The most common issues I come across in practice surround service charges, maintenance and repairs, and neighbour nuisance.

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The buzzword for 2018: GDPR

Chun Wong

Posted by Chun Wong | Partner
On 5th March 2018

On 25th May 2018 the General Data Protection Regulations (“GDPR”) will come into force in the EU and align data protection rights for citizens in member states.

Data protection is not a new concept in the UK; we have had the Data Protection Act since 1998.

But, I have seen an increasing number of new enquiries about data breaches in correlation with the public being more savvy about their personal data. This can range from e-mails going out to the wrong recipient to data being hacked on a mass international scale. It seems you cannot get through a week without news on data protection and data breaches. There is increasing case law developing to deal with the evolving dynamics of data protection. Just this week we have had the first case in the UK brought against Google for the ‘right to be forgotten’ (this right will be introduced formally under the GDPR).

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The test for capacity: Banks v MCA 2005

Chun Wong

Posted by Chun Wong | Partner
On 19th February 2018

One of the grounds in which a Will can be challenged is lack of capacity.

The test for capacity was established as far back as 1869 in the case of Banks v Goodfellow, which set out a 4 limb test:

a) Did the deceased understand that they were making a will and the effects
b) Did the deceased understand the extent of their estate
c) Did the deceased understand as to those who would have claims on the estate
d) Was the deceased impaired by any disorder of the mind or delusions

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