Lasting Powers of Attorney (LPAs) were introduced in 2007 by the Mental Capacity Act 2005 , replacing Enduring Powers of Attorney. A power of attorney allows someone else to make decisions on your behalf or help you make decisions if you lack the capacity...
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The First-tier Tribunal (FTT) has granted a couple's application to register a right of way over a small triangle of land belonging to a neighbouring property owner, finding that they and their tenants had crossed it as of right for at least 20 years. The...
The Family Court recently made a parental order in the names of both parents of twins born via surrogacy, despite their father having died before their birth. The mother and father had been in a relationship for several years before marrying. Their first...
The Financial Conduct Authority (FCA) has obtained a confiscation order under the Proceeds of Crime Act 2002 against a convicted fraudster. As a result, victims of his crimes are expected to recover most of the money they invested. The fraudster offered...
On 13 July 2026, the fee charged when applying for probate increased significantly, from £300 to £526. The fee applies where the value of the estate is more than £5,000. There is no fee for estates of £5,000 or less. If probate has...
Under Paragraph 5(a) of Schedule 4 to the Land Registration Act 2002 , the Land Register may be altered for the purpose of correcting a mistake. Recently, the First-tier Tribunal (FTT) granted an application for alteration of the Register by a woman who...
The Family Court has concluded that it had no jurisdiction to hear a man's application for an order for sale of the former matrimonial home following his ex-wife's death, finding that personal rights and obligations arising under the Matrimonial...
Seeking redress for defamatory statements can often be complex, but it is certainly not impossible. Recently, a woman succeeded in obtaining damages from a journalist who had misrepresented what she had said in an interview with him, as well as from an...
Imprecise drafting in a will is a recipe for litigation and dispute later on. A recent High Court decision on the interpretation of an ambiguous clause in a man's will illustrates the kinds of issues that can arise. The man had made a will in 2007 leaving...
Failures by a taxpayer's agent are generally treated as failures by the taxpayer for the purposes of whether there is a good reason for failing to bring an appeal in time. A recent case in which a taxpayer was refused permission to appeal more than three...
Under Section 58(5) of the Family Law Act 1986 , the courts cannot make a declaration that a marriage was void at its inception. That recently proved fatal to an application for a declaration as to marital status by a husband who had undergone a marriage...
When applying for a boundary determination, it is crucial to gather as much evidence as you can in support of your application. Recently, a couple's application for a determination of part of the boundary between their home and neighbouring land was...
When deciding what is in the best interests of a patient who lacks capacity, the courts will take into account any wishes and feelings the patient has previously expressed but will consider them in the context of all the evidence. Recently, the Court of...
The law affords people a high degree of testamentary freedom, and those seeking reasonable financial provision from an estate must satisfy the courts that it was unreasonable that adequate provision was not made for them. Recently, the High Court ruled that...
The High Court has ruled that a three-year-old girl was not habitually resident in England and Wales and it therefore did not have jurisdiction to determine her father's application for her return from the UAE. The girl's mother was a citizen of Pakistan...
The First-tier Tribunal (FTT) has upheld a taxpayer's appeal against a decision by HM Revenue and Customs (HMRC) that he was resident in the UK in the 2019/20 tax year, finding that 'transit days' and an extra day he spent in the UK after his flight was...
The High Court has ruled that a will made by an elderly woman with dementia, in which she disinherited one of her sons, was invalid due to lack of testamentary capacity and want of knowledge and approval. The woman's previous will, made in 2018, divided...
In certain circumstances, owners of leasehold flats have a legal right to buy the freehold of the building together with other leaseholders. This process is known as collective enfranchisement. For collective enfranchisement to be available, the building...
The High Court has dismissed an ex-wife's appeal against a ruling that her former husband's share of the home they owned together was held by his trustees in bankruptcy. The couple had married and purchased the property in 2009. They had two...
The Financial Conduct Authority (FCA) recently took part in a week of action, along with 16 other regulators internationally, to protect consumers from illegal 'finfluencers'. This included enforcement activity, consumer awareness campaigns, and educational...
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