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Expert Comments
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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…
The Importance Of Kaur V Singh (2023) – When A Wife Is Disinherited
The facts of the case were not particularly unusual. Mrs Kaur and Mr Singh were married in 1955, for some 66 years. They were survived by 6 adult children –…
The Use Of Experts In Will Forgery Cases: Watts v Watts (2023)
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…
In civil court proceedings, evidence in support of a claim can take the form of one or more of the following types: Documentary Witnesses of Fact Expert Witness evidence of…
What Documents Can Be Disclosed From A Court Case?
Most civil proceedings are held in open public court and copies of judgments are readily available from websites such BAILII. This is in line with the upholding of open justice.…
Disclosure Of A Solicitor’s File: Ellis v John Hodge Solicitors (2022)
The issue of ownership of a client’s files held by a solicitor is a highly contentious area. The starting point is what the retainer between the parties say. It is…
Proprietary estoppel is an equitable remedy available if you can prove the following elements: Assurance – a promise was made to you (which created an expectation on your part) Reliance…
Financial Provision For A Spouse – Ramus v Holt (2022)
Although the law protects a person’s right to testamentary freedom, it also recognises that in certain circumstances for certain people the law should intervene to do justice. Under the Inheritance…
