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Quantifying beneficial interest in jointly-owned property

The House of Lords case of Stack v Dowden (2007) concerned the declaration of beneficial interests in relation to a property which was jointly owned by a co-habiting couple. It was established that in the event that such a property had to be divided and there was no expressed declaration as to the respective beneficial interests, the starting point would be that where there was joint legal ownership, the parties intended there would also be joint beneficial ownership in equal shares. If either party wished to show that they were entitled to a different share, the onus would be upon them to provide compelling evidence to support a claim for higher shares.

Bankrupt's spouse liable to pay rent

There is no automatic right for a trustee in bankruptcy to receive occupational rent as it would depend upon the circumstances.

Liquidated damages: Commercial certainty restored

The use of liquidated damages as a sole remedy for contractor delay is a well-established mechanism in the construction industry.

Covid vaccination and children

The government has announced this week that it will be rolling out the first dose of the Pfizer-BioNTech Covid-19 vaccine to all 16 and 17 year olds.

Daughter’s claim for larger share of inheritance rejected

A recent ruling at the Central London County Court (Duggan v Duggan), is a timely reminder that the purpose of the Inheritance (Provision for Family and Dependants) Act 19751975 Act is to make financial provision out of a deceased person’s estate for an eligible applicant with a genuine need.

2018 didn’t kill "smash and grab" adjudications

The death of the smash and grab adjudication was widely reported in 2018 but has perhaps been exaggerated to grab the headlines.

How to successfully eliminate work related stress and toxic environment

Mali Smith, Legal Director in our Employment Law team reviews the best way to eliminate work related stress and toxic environment and provides ways in which this can be achieved.

Guide to the Inheritance (Provision for Family and Dependants) Act 1975

We address some of the common questions we receive and give an outline of the Act’s purpose, how it works and how to prepare for a claim.

Can a beneficiary contest a trust?

Deciding whether to contest a trust is a big decision. It is important to make sufficient investigations at the outset to ascertain the realistic prospect of your claim succeeding.

Contesting a will 2019 - case round up

2019 has seen an exciting year in contentious probate and we have seen some rare cases on unusual areas of law.