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Proprietary estoppel in contested wills

Many contested wills feature valuable Estates, which include farms and / or land, and the combination of a high value Estate, and grounds to contest a will, is often sufficient to launch a claim. Add to the mix a will containing different terms to those anticipated and a proprietary estoppel claim from a disappointed beneficiary may well result.

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.

Standard definition of defects

There is no recognised standard definition of defects. However, a definition that is easy to follow is given in the leading textbook Hudson’s Building and Engineering Contracts.

A Guide to Selling Your Home

Selling your home presents a unique combination of demands, from understanding the legal and administrative hurdles which have to be cleared to knowing how to make your front door more appealing.

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.

Whose Terms and Conditions apply – if anyone’s?

Clients in the AME Sector will regularly be involved in the supply, or purchase of, components and will usually want their own terms and conditions to apply to that transaction. The recent case of Transformers & Rectifiers v Needs underlines that if you wish to rely on your standard terms and conditions, you must take sufficient steps to make sure that the other party is given reasonable notice of both your terms and conditions and your intention to rely on them.

Winning the "battle of the forms"

Suppliers and customers would ideally prefer to rely on their own respective standard conditions. But in order to be of any use at all, these have to be incorporated into the contract between seller and buyer.