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Am I too young to write a will?

Even before the Coronavirus outbreak, you may have wondered “Do I need a Will?” or “I’m too young to write a Will”. Although most people writing Wills in the UK are older than 50, you could write a Will from the age of 18.

Unmarried fathers: what rights do you have?

The Office for National Statistics reported that in 2020 just under half of all babies in England and Wales were born to unmarried parents. By comparison 5.4% of babies’ parents in 1960 were unmarried. This major societal change has meant that there are more unmarried fathers than ever before who are anxious not to miss out on their children’s lives and want to understand what parental rights they have.

Court of Protection; what if P has capacity?

The recent case of PH v Betsi Cadwaladr University Health Board [2022] is a helpful reminder that the Court of Protection will only intervene and make a best interests decision where P lacks capacity or there is reason to believe that P lacks the capacity to make these decisions.

A Cautionary Tale: Bala (Deceased) and The Inheritance (Provision for Family and Dependants) Act 1975

A mantra drummed into all embryonic litigators is: ‘do not lose sight of commerciality’. The overriding objective of the Civil Procedure Rules being that the Court should be able ‘to deal with cases justly and at proportionate cost’. This is especially so with regard to claims under the Inheritance (Provision for Family and Dependants) Act 1975 (the ‘Act’) where the Court is in essence being asked to conduct a balancing exercise to appropriately redistribute an estate in circumstances where a claimant argues that they have not been adequately provided for.

Protecting the Family Wealth: Colicci & Ors v Grinberg & Anor [2023] EWHC 1177 (Ch)

Ernesto Colicci died unexpectedly on 18 January 2021 at the age of 66. Ernesto and his first wife Josephine married in 1982 and set up a business selling ice-cream from vans which grew over time to operating catering outlets in public places. A company was incorporated in 2003 and the business transferred into it. The shares in the business were held equally by Ernesto and Josephine.

Dementia and the problems it can cause when contesting a will

In this article, Martin Oliver, Partner in our Contentious Probate team explains the issues surrounding dementia and the problems that can arise for those drafting wills.

Is contesting a will ever successful?

Martin Oliver, Partner in our Contentious Probate team, answers the question; is contesting a will ever successful?

Pre and post-nuptial agreements

In the realm of family law, couples often find themselves contemplating the necessity of pre and post-nuptial agreements. While such legal documents may not be the most romantic aspect of a relationship, they play a crucial role in providing clarity, security, and peace of mind for both parties involved. This article will explore the significance of these agreements and how they can safeguard interests in the event of a marital breakdown.

A failure to advise on funding

The obligation on solicitors to advise in respect of the different ways of funding litigation applies to commercial entities as well as individuals.

Construction law - a vision for the future

This article proposes how English Construction Law can be improved. Increasing clarity and certainty and making legal terminology accessible to a wide public would be good starting point as would codifying Construction Law. This would not only give structure to a mass of caselaw, statute law and regulations, but also to ensure that any new Code is applied fairly.