by Damian | Jan 6, 2023 | Uncategorized
Can a person’s body been exhumed ? Without a License from the Secretary of State and/or in some circumstances approval approval of a proposal under the Care of Cathedrals Measure 2011 one cannot exhume. It is an offence for a body, or any human remains which... 
by Damian | Sep 7, 2022 | Uncategorized
What is rectification of a will? Rectification is an equitable remedy primarily available to remedy mistakes in written instruments recording the terms of contracts. The Administration of Justice Act 1982 provides a limited power to rectify wills to rectify two types... 
by Damian | Jun 22, 2022 | Uncategorized
Misfeasance in public office is a tort which in summary is a wrongful act which leads to a legal liability. The ingredients of the tort of Misfeasance in a public office are as follows: a) The defendant must be a public officer; b) The conduct complained of, that is... 
by Damian | Jun 7, 2022 | Uncategorized
Under Section 50 of the Administration of Justice Act 1985 the Court has the power remove the Executors. Where a Grant has not been obtained the Court has the power to ‘pass over’ an executor or potential administrator under the Senior Courts Act 1981 section 116.... by Damian | Apr 26, 2022 | Uncategorized
The rules of intestacy set out who is entitled to a deceased state if there is no valid will. If the deceased was married or in a civil partnership at the time of their death and the estate is worth less than £270,000 the entire estate will pass to the spouse or civil...
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