General Litigation

Can I Still Obtain a Divorce If My Spouse Does Not Have Capacity?

Can I Still Obtain a Divorce If My Spouse Does Not Have Capacity?

When does a person lack capacity? A person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter…

Read more
Retired couple with financial advisor

What Is Meant By ‘Reasonable Financial Provision’ In A Will?

Lewis v Warner [2017] EWCA 2182 (Civ) The case of Lewis v Warner, which involved the challenging of a Will, was unusual for several reasons.  Firstly, the claimant was a millionaire, who unlike most people…

Read more
Row of Typical English Houses in Hampstead London

Boundary Disputes – Arguing Across The Fences

Few things are more stressful than a boundary dispute between neighbours.  The Court of Appeal recognised this in the case of Wilkinson v Farmer [2010] All ER (D) 217 (Oct), where it recommended that professional…

Read more
Law, Court, Paper

How An Executor Can Defend A Challenged Will

Executors[1] have the responsibility of collating, protecting, and distributing a deceased’s Estate.  Up to four Executors can be named by the Testator to administer their last wishes and most view being placed in such…

Read more
Challenge a Will

Disinherited daughter successfully challenges father’s Will

Under English law a person is entitled to make a Will and dispose of their estate as they wish. This freedom is however fettered by the Inheritance (Provision for Family and Dependants) Act 1975…

Read more

Maternity Allowance

No increase to rates of SMP, SAP, Maternity Allowance, SSP etc in April 2016 The amount the government pay in respect of statutory maternity pay (SMP), statutory paternity pay (SPP), additional statutory paternity pay…

Read more

Challenging a Will

Have you been excluded from a Will? Does a loved one’s Will fail to make reasonable financial provision for you? Jacqueline Penfold, a Partner in our Litigation Department, answers questions on the action that…

Read more

Court Fees

The government has announced it is going ahead with the plan to increase Court fees.  The fee for issuing a money claim worth more than £10,000 will be increased to 5% of the sum…

Read more

Challenging A Will

My Partner was supporting me financially prior to his death but makes no provision for me in his Will.  Is there anything I can do? If you were living with your partner for 2…

Read more

Challenging A Will

My mother’s Will does not appear to reflect her wishes and favours someone who had influence over her.  Is there anything I can do? Where an individual’s decision making has been undermined by the…

Read more