Category: Family
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Partnership Disputes
The informal nature of a partnership in the absence of a written agreement, or what is referred to as a “partnership at will”, means that individuals can enter into one without having fully anticipated its consequences. This in turn can bring about various difficulties for those involved and ultimately, unexpected…
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How to Challenge a Will
It is possible to set aside a Will or vary it. This can be done if the Will was not completed correctly or if the person making the Will, known as the deponent, did not have mental capacity to do so. The Will can also be varied to make provision…
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When can an executor refuse to pay a beneficiary?
The End of Cherry and Boultbee (1839) – No Right of Set-Off for Unpaid Debts against Inheritance Act Awards and No Costs Certificate – No Payment In Johnson v Wackett [2002] EWHC 129 (Ch), Deputy Master Brightwell gave judgment on…
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Family pets and divorce.
Can I keep the dog? Family pets and divorce. For many couples who are facing divorce or separation the prospect of losing their beloved pet is appalling. It will come as a shock to discover that as far as the…
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How to divorce – the new law
The laws relating to divorce are changing from the 6 April 2022. From that date it will no longer be necessary to blame your husband or wife for the breakdown of your marriage or civil partnership. How is the law changing? When submitting a divorce application to the court it…
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Common Law wife – fact or fiction?
That old chestnut, the common-law wife, what does it mean? Nothing unfortunately. There is a widespread misconception that if you live together for a long period of time then you acquire the same rights that married couples have when it comes to the division of property upon separation. It…
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Severing a joint tenancy with a notice of severance – what does it mean and why does it matter if a marriage or relationship breaks down?
When you bought your family home or other property jointly with your partner (and in this article when I say partner I also mean your husband or wife) the solicitor who dealt with your property purchase should have asked you to complete a form to let him or her…
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The Bank of Mum and Dad – Relationship breakdown and the pitfalls of lending money to your children
With the ongoing increase in property prices and homes becoming increasingly out of reach of young couples looking to set up a home together, borrowing from the bank of mum and dad remains a popular option. Understandably in the excitement of buying a new home many young couples and…