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Dispute Resolution Law Blog

29 November 2018

Don’t take your parent’s word for it, it may not be worth its weight in gold (or property)

A survey from Will Aid shows that more than half of parents in the UK do not have a will. Even when wills are made they are sometimes subject to challenge where children do not believe the terms of the will reflect their parents’ true intentions or do not record promises made. If you have been promised part of an estate, a specific property or otherwise, it is wise to have such a promise evidenced in writing and/or witnessed by an independent third party. Reliance on a promise without such evidence may leave you with less than you had anticipated and lead to an unpleasant inheritance dispute.      

26 September 2018

Dealing with costs in trusts and probate proceedings – Part 2: exceptions to the general rule in probate claims

The principles applicable to costs in the context of probate litigation are different from the costs of other litigation. In particular, there are two long established exceptions to the general litigation rule that costs follow the event.

Ryan Mowat

26 September 2018

Dealing with costs in trusts and probate proceedings - Part 1: liability for trustees

Recent decisions in the Sheffield case has highlighted the court’s distinctive approach to dealing with costs in trusts and probate proceedings, and is a reminder to trustees in particular as to their potential litigation costs exposure where they are in default.

Ryan Mowat

26 September 2018

Another knockout blow for streaming servers?

Anthony Joshua not only successfully defended his WBA, IBF, IBO and WBO titles when finishing off his Russian opponent Alexander Povetkin in the 7th round in the Wembley Stadium boxing ring on Saturday night but he also was a winner in the more rarefied surroundings of the Business and Property Court (Intellectual Property List Chancery Division) of the High Court of Justice just 2 days before.

3 September 2018

Paying a sacked sports manager

Formula 1 driver Kevin Magnussen lost his legal battle with former manager in Denmark - Sue Thackeray considers whether the decision would be the same in the UK

Sue Thackeray

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