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Testamentary capacity: possible indications of early stage dementia and the “golden rule”

Lord Templeman was a very well renowned member of the judiciary and his legacy in respect of private client law continues to dictate best practice today. Lord Templeman is particularly known for his advent of the “golden rule” surrounding testamentary capacity.

Deathbed gifts

The best way to ensure that your affairs are in order when you die is to make a will. This allows you to carefully consider what you want and clearly set out your wishes. Unfortunately the reality is that not everyone makes a will and this can be for a number of reasons such as lack of time or not considering that their death could be imminent. As a result some people will make gifts or promises on their deathbed and there are occasions where a court will uphold promises of this nature. The technical term for a deathbed gift is a donatio mortis causa.

Why use lawyers to draft your will or administer an estate?

In theory, drafting your own will using an off-the-shelf template, purchased online or from good stationers, can be a quick and easy way of leaving instructions on how you want your assets to be distributed after your death.

Worked examples are an integral part of a contract

It is often the case that in contracts setting out the calculations governing various financial charges, the narrative within the body of the contract setting out such details are illustrated by the inclusion of worked examples in the appendices. Problems arise when the outcome of the calculations differ significantly between the worked examples and the narrative as a recent case demonstrated.

Pursuing claims against defendants where there are doubts about their mental health

When considering bringing a claim there are a number of questions that must be answered, not least whether the defendant is capable of complying with the remedy that is being sought.

Are Conditional Fee Agreements, also known as ‘No Win, No Fee Agreements’ always the best option?

Exploring the funding or payment options which are available for your legal fees is an important step before you decide which firm to instruct to represent you. On the face of it, a No Win, No Fee agreement might be attractive but deferred payment agreements can be less costly if you are successful with your claim. Both options are explored further in this article.

An expired contract – but no one’s noticed!

Service contracts are often entered into for a fixed period of time. Usually towards the end of the period the parties will either discuss an extension, a new contract or simply agree that upon expiry they will go their separate ways.

Warwickshire Law Society Success!

A Leamington lawyer has been presented with the highest accolade at a top regional awards ceremony in recognition of her professional excellence and commitment to supporting others.

Tax Avoidance Schemes and Negligent Advice – what to do if you’re caught out

Umbrellas are useful at this time of the year, as the seasons change and the misty drizzle returns. But the right umbrella is critical: if it isn’t sturdy and wind-resistant it may not keep you dry. The same is true of umbrella companies that are used by agency workers, contractors, and self-employed professionals to manage their payroll administration.

Corporate divorce: prepare for the worst, hope for the best

When people think about divorce they think about a difficult, acrimonious process and a painful division of assets, all too often with the attitude that if only the other person would be reasonable everything would be straightforward.