Expert Comments

Opinion

debt-recovery
dispute-resolution

How to Set Aside a Default County Court Judgment

A judgment will be entered against you in the civil county courts if you a) do not file an Acknowledgment of Service and/or a Defence b) lose at a final…

July 5, 2024

Chun Wong

Opinion

contentious-probate
dispute-resolution

What Is The ACTAPS Code?

The Association of Contentious Trust and Probate Specialists (“ACTAPS”) was founded in September 1997 for lawyers specialising in trust and probate work. You can find a specialist lawyer from their…

June 21, 2024

Chun Wong

Opinion

residential-dispute-resolution
ToLATA claim

Can A Personal Representative Bring A Claim Under The Trust Of Land And Appointment Of Trustees Act 1996?

The Trust of Land Appointment of Trustees Act 1996 (TOLATA) determines claims in respect to beneficial ownership of a property and associated issues such who owns what and whether a…

May 20, 2024

Chun Wong

Opinion

commercial-dispute-resolution
professional-negligence

The Limitations Of A Solicitor’s Duty Of Care: Miller v Irwin Mitchell (2024)

In order to establish a professional negligence claim against a solicitor, you need to prove the following: A duty of care was owed, Which was breached as the service provided…

April 22, 2024

Chun Wong

Opinion

commercial-dispute-resolution
residential-dispute-resolution

Understanding Expert Evidence in Civil Litigation

In civil claims, you may need evidence from a professionally qualified expert to assist with your case and help the court make a determination. Expert evidence in civil proceedings is…

March 25, 2024

Chun Wong

Opinion

residential-dispute-resolution
wills-disputes

The End of Video Witnessing for a Will?

A Will is a very important legal document and must be prepared, executed and witnessed in a certain way to be valid. The starting point under section 9 of the…

March 12, 2024

Chun Wong

Opinion

Issuing A Claim Without Letters Of Administration

When can court proceedings be brought on behalf of an estate? This will depend on whether the PR is an executor (appointed by a will) or administrator (certain classes of…

February 16, 2024

Chun Wong

Opinion

mediation-and-arbitration

Is Mediation Compulsory in Civil Cases?

Mediation is a form of Alternative Dispute Resolution (ADR) which can be engaged to avoid expensive and protracted litigation and disputes. The parties choose the timing, location and method that…

January 24, 2024

Chun Wong

Opinion

Setting Aside A Will For Undue Influence – Recent Cases In 2023

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…

December 19, 2023

Chun Wong

Opinion

inheritance-dispute
property-disputes
wills-and-probate

How Can Entitlement On Death Be Changed

Testamentary freedom – the ability to leave our estate to whomever we want to, is sacred in our society and upheld in law. There is no presumption that one should…

December 13, 2023

Chun Wong

Opinion

Holographic Wills – What Did Aretha Franklin’s Case Teach Us?

A holographic will is a will which has been written entirely by the testator. In England and Wales, a holographic will (like any other will) is only valid if it…

November 13, 2023

Chun Wong

Opinion

Personal Representatives In Litigation

Dealing with the administration of an estate can be time consuming and problematic without the added headache of litigation (either defending or bringing a claim). A Personal Representative (PR) will…

October 30, 2023

Chun Wong

Opinion

contentious-probate
wills-disputes

What is a Will Reading?

A Will reading is actually a fictional concept devised by writers in books and movies to give dramatic effect to what happens after the momentous death of a character and…

October 10, 2023

Chun Wong

Blog

ToLATA claim

A Guide To A Trust Of Land Claim – Beneficial Interest In A Property

A trust of land claim, is also known as a ToLATA claim (under the Trusts of Land and Appointment of Trustees Act 1996). The typical application is for the declaration…

September 26, 2023

Chun Wong

Opinion

wills-disputes

Witnessing Of A Will – Even Through A Car Window (Baker And Spiers v Hewston (2023)

A Will is a very important legal document and must be prepared, executed and witnessed in a certain way to be valid. It is very easy to fall foul of…

September 5, 2023

Chun Wong

Opinion

contentious-probate

Due Execution Of A Will – A Reminder In The Case Of Smith v Ganning (2022)

There are many different reasons for contesting a will, these include: Incorrectly drafted wills Wills not being signed and witnessed in accordance with the law Coercion (undue influence) of the…

August 11, 2023

Chun Wong

Opinion

wills-disputes

Inheritance Act Claims For Children

The Inheritance (Provision for Family and Dependents) Act 1975 allows certain classes of people to make a claim against the estate of a loved one where no/inadequate provision has been…

July 28, 2023

Chun Wong

Opinion

wills-disputes

Detrimental Reliance In Constructive Trusts Revisited In Hudson v Hathway (2022)

The law on constructive trusts to establish beneficial interest for unmarried cohabiting couples is well established in the cases of Stack v Dowden (2007) and Jones v Kernott (2011). In…

July 7, 2023

Chun Wong

Opinion

wills-disputes

How To Challenge A Will: The First Step – A Larke V Nugus Request

If you have concerns as to the validity of a will, or the circumstances in which the will was written, prepared or executed, you may be able to investigate this.…

June 27, 2023

Bahareh Amani

Opinion

contentious-probate

How Can I Stop A Claim On An Estate – The Use Of A Caveat?

When someone passes, they often leave financial matters and assets which need to be attended to. The person who has been given the legal authority and permission to do so…

June 21, 2023

Bahareh Amani