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"disputes"

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Professional negligence claims against surveyors

When you ask a surveyor to value or assess a property you need them to tell you the full story. If they don't and the property is not what you thought, due to any number of different defects, then it is likely to be worth less.

Standstill agreements

Standstill agreements are commonly used in litigation.

How can I find out if Probate has been Granted?

A grant of probate is a document which confirms that legal authority has been given to an executor of the deceased’s will.

Challenging a will: Inheritance Act or Larke v Nugus?

If you have been left out of a will or are a ‘disappointed beneficiary’ in that you have not received what you expected, you may be able to challenge it using a Larke v Nugus request if the will was drafted by a solicitor. It is important to distinguish this type of challenge from making a claim for financial provision under the Inheritance Act which would proceed on the basis that the will is valid.

Claim for reasonable financial provision rejected

Judgement has now been handed down in the Inheritance (Provision for Family and Dependants) Act 1975 (‘the Act’) case of Sargeant v Sargeant & Anor [2018] EWHC 8 (Ch).

Failure to advise on settlement – the bark that can bite solicitors

People often associate solicitor negligence with purchasing the wrong piece of land or incorrectly drafting wills, but solicitors that fail to protect their clients from costs orders in court proceedings or make a mess of settlement opportunities may also be liable to their clients for any losses suffered.

Selling land held in trust: the rights of minority beneficiaries

It is not unusual for land and property to be held within a trust for the benefit of family members (and is a particularly common arrangement for farming families). Predictably, this arrangement can enter choppy waters when one of the beneficiaries wants – or needs - to sell their share.

Contested will cases UK 2020

2020 has been a year like no other and undoubtedly the major change in this area of law has been the amendment to the Wills Act 1837 which had been unchanged legislation for approaching 200 years.

The rise of contested wills

It is widely reported that in recent years the number of people contesting a will has increased dramatically. It is a favourite topic attracting national media interest with many high profile cases dividing public opinion on the merits of being allowed to challenge someone’s final wishes.

Do directors have a duty to be “green”?

The duties of company directors are set out in the Companies Act 2006 and include the duties to promote the company’s success and to act with reasonable care, skill, and diligence. In carrying out these duties, directors must have regard - amongst other things - to the impact of the company's operations on the community and the environment, and the likely consequences of any decision in the long term. These, and other recent developments in the expectations of how directors should perform their duties, mean that promoting a company’s success includes paying due regard to the impact on the environment. However, do directors have a duty to be “green”?