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The law affords testators a high degree of freedom to pass on their estates to whomever they wish, and the fact that the terms of a will may seem unfair to relatives is not enough to successfully challenge it. This point was illustrated by a recent case in...
The courts are alert to the risk of divorcing couples being less than honest about their assets and liabilities in financial remedy proceedings. Recently, the Family Court rejected a husband's assertion that he owed £1.6 million to a company owned by...
Under Section 21 of the Housing Act 1988 , landlords may evict tenants who have an assured shorthold tenancy which is a periodic tenancy or a fixed-term tenancy that has expired by giving at least two months' notice. However, a Section 21 notice cannot be...
A woman who was subjected to defamatory posts on Facebook has succeeded in having them removed after taking legal advice. The woman and her husband had started to feed and look after a cat that had been coming into her garden. The cat subsequently...
The Family Court recently granted a local authority permission to withdraw an application for a care order in respect of a two-year-old girl, after the local authority concluded that, in the light of the medical evidence, it would not be able to meet the...
People have a great level of freedom to leave their estates as they choose and disappointed relatives must overcome a high hurdle to successfully challenge a will. Recently, the daughter of a woman who made a will leaving her entire estate to one of her sons...
The First-tier Tribunal (FTT) has found that a repayment of Income Tax due to a taxpayer who had died during the relevant tax year formed part of her estate for Inheritance Tax (IHT) purposes. The taxpayer had died on 18 December 2020. Her son, who was...
A guide to issues relating to property boundaries is available on the government's website. The guide notes that, in England and Wales, there is usually no record of the exact boundary between two properties or the ownership of boundary features between...
The Family Court has rejected a husband's application to set aside a financial remedy order made in his absence after he ceased to participate in the final hearing. The husband and wife had separated in 2022 after 15 years of marriage. On the first day of...
The best way to minimise the risk of a successful challenge to your will is to have it drawn up by a qualified solicitor. Recently, a woman's challenge to her elderly father's final will was rejected by the High Court . The man had made the will in March...
The Financial Conduct Authority (FCA) has outlined plans to reform the mortgage market, which could make it easier for first-time buyers and self-employed people to purchase properties. The reforms also aim to help homeowners access housing wealth in later...
When patients lack capacity to decide whether to undergo medical treatment, the Court of Protection is often called upon to decide what is in their best interests. Recently, the Court ruled that it was in the best interests of a young man to undergo surgery...
The High Court has refused a mother's application for her five-year-old daughter's return to Dubai , instead granting an application by the girl's father for her to remain in England. The mother and father had married in 2019 and moved to Dubai, where the...
The Upper Tribunal (UT) has granted a landowner's application to modify a restrictive covenant to allow a small bungalow to be constructed in place of a workshop. The landowner had sold land near his house to a local developer in 1999. The developer built...
The manager of a care home has been sentenced to five and a half years in prison for forging the will of an elderly woman who lived in the home. The woman had moved into the home in 2020 after becoming ill. She was described by the judge as 'particularly...
A taxpayer has successfully argued before the First-tier Tribunal (FTT) that a company's purchase of shares he owned in it was wholly or mainly for the purpose of benefiting its trade under Section 1033 of the Corporation Tax Act 2010 . The consideration...
Under Schedule 1 of the Children Act 1989 , an unmarried parent can apply for financial provision for their child from the other parent. The Family Court recently granted a mother's application for interim relief in Schedule 1 proceedings, ordering the...
The Upper Tribunal (UT) has allowed a landowner's appeal against the rejection of his application to be registered as the proprietor of a parcel of land on the basis of adverse possession. The landowner and the owner of adjoining land both carried on...
The High Court has rejected a son's claim that he was entitled to inherit his father's farm based on promises his father had made during his lifetime. The son's claim that his father's last two wills were invalid was also rejected. The father had died in...
When deciding what is in the best interests of a patient who lacks capacity to make decisions about their care, the courts will take into account any wishes and feelings the patient has previously expressed, as well as the medical evidence. Recently, the ...
