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... 
by Damian | Apr 6, 2022 | Uncategorized
The Divorce, Dissolution and Separation Act comes into force today, meaning divorcing couples are no longer required to assign blame for the breakdown of their marriage. The legislation allows either or both parties to apply to the court for an order that the marriage... 
by Damian | Mar 3, 2022 | Uncategorized
How often should I review my Will? Whilst we always try to draft Wills that are as ‘future-proof’ as possible, we suggest reviewing or at least reading through your Will every three to five years. That being said we always recommend you review your Will... 
by Damian | Feb 10, 2022 | Uncategorized
If you were financially Dependent on the Deceased and the rules of intestacy or the deceased’s last valid Will makes no provision for you, can you make a claim for reasonable financial provision ? Potentially You may also wish to consider promissory estoppel and... 
by Damian | Jan 17, 2022 | Uncategorized
Probate Registry fee change The fee for grant for probate applications received by the registry on or after the 26th January 2022 is changing. The current dual fee structure is being replaced by a single fee of £273 for all applicants, where the value of the estate... 
by Damian | Jan 11, 2022 | Uncategorized
in X v Y, the tribunal did not accept that ‘the claimant’s fear of contracting Covid-19 amounts to a belief’ which can be protected by section 10(2) of the 2010 act. In this case a lady known as X took her employer to a tribunal for alleged discrimination in...
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