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Legal Updates

13 November 2013

Respecting our elders - Are parents being left out in Inheritance Act claims?

Although the law relating to intestacy and inheritance has been developed to complement societal changes, there still lies areas of potential unfairness, particularly in the case of parents who outlive their children. In this piece, Sarah Playforth discusses the issues.

12 November 2013

Double whammy – when medical negligence compensation awards are squandered

Sadly, the Court of Protection has again recently been in the headlines for the wrong reasons. The much publicised case of Samantha Svendsen highlights the risk of leaving the management of a substantial award of compensation in the hands of an inexperienced family lay Deputy.  The recent conviction of her mother Cathy Watson and her ex-husband Robert Hills almost brings to an end a sorry series of events.  Sentencing is awaited but lengthy custodial sentences are expected.

Simon Hardy

15 July 2013

Implications of the new “Wills and Inheritance Quality Scheme” – for clients and private client lawyers

Pity the private client lawyer.  Years of law school, years of training, years of hard-earned post-qualification exams – and someone down the pub still thinks he knows how to do your job better than you.

29 May 2012

Challenges to the validity of wills: beware of “homemade Wills”

Challenges to the validity of Wills are becoming more frequent, particularly in relation to homemade Wills and Wills not drafted by professionals. The most common challenges centre around allegations that the testator lacked testamentary capacity; was being placed under undue influence; or fraud.  However, recent cases have also shown claimants will increasingly seek declarations that a Will is invalid on the grounds of “want of knowledge and approval”.

1 June 2011

Maftah and another v Secretary of State for the Foreign Office and Commonwealth Affairs

Maftah and another v Secretary of State for the Foreign Office and Commonwealth Affairs ([2011] EWCA Civ 350) was an appeal by the Secretary of State against the decision at first instance that Article 6(1) rights could be invoked by an individual whose assets had been frozen by the state.

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