A recent survey by Direct Line Life Insurance revealed that 38% of respondents did not know where their partner or spouse held financial assets and 66% were unaware of where their parents held their wealth.In a society increasingly turning to online and paperless services, this means that, when a loved one dies, the evidence of assets might be extremely sparse or even non-existent: the paper trail might not be there. Many banks, building societies and investing platforms are rightly doing away with regular paper statements and this could mean that unless the deceased has previously spoken about their savings accounts…

The first working Monday of the New Year has, through the experience of divorce lawyers, come to be known as “divorce day”. This is because, typically, Christmas and New Year tends to bring struggling relationships to an inevitable and irreversible breaking point.However, divorce day 2021 was always likely to be different to recent years because the lockdowns and associated pressures of 2020 had already resulted in many failing marriages to have ended. Increased divorce solicitor enquiries in 2020During 2020, divorce solicitors and family law legal services experienced dramatic surges in divorce work enquiries, with some reporting rises of up to…

There are concerns that the new statutory instrument enabling Wills to be witnessed virtually during the Covid-19 health pandemic could result in a surge of problems, including the possibility of probate dispute claims.Perhaps the first challenge presented by virtually-witnessed Wills, which came into effect on 28 September 2020, is the fact that they need the physical signatures of three individuals (the Will writer (testator) and two witnesses). This can present numerous problems, particularly if the testator is writing a Will because of critical illness or serious infirmity. In such cases, there is clearly a time pressure issue, and with physical…

Brexit’s likely impact on the popularity of England’s family court system for cross-border and international divorce cases has reportedly led to a surge in such applications and the resulting divorce cases being heard in the run-up to the Brexit transition.The end of the year will bring an end to the UK’s participation in a long-standing EU agreement under which cross-border divorce rulings made in one EU state are automatically recognised in another; an agreement which has seen London earn the reputation as the so-called “divorce capital of the world”. This is explained by the perception that the divorcing wives, children…

In March, during the days when many of us assumed that COVID-19 restrictions were a temporary situation that would be weathered quickly before returning to normal life, the government announced that, under specially created guidelines, a separated parent would be able to withhold child contact from the other parent if they had legitimate concerns about potential COVID transmission.In theory, this sounded reasonable enough. However, given that it required the good faith of both parents, it is perhaps also reasonable to suggest that problems should have been foreseeable. Under this COVID-specific piece of family law guidance, parents were given the power…

There is only one method available to confidently prevent your estate from becoming the subject of a contentious and potentially costly and protracted probate dispute: instruct an experienced Wills solicitor to help you write a Will, ensure it is properly witnessed, store it securely and then update it correctly as and when necessary.However, according to statistics, there are around 31 million adults in the UK who risk dying intestate (without a Will) – meaning that when they die their estate will pass on to their lawful heirs on the basis of the rules of intestacy rather than their actual wishes.…

The government has announced a major statutory change to the way in which Wills can be witnessed in the UK. The amendment to the Wills Act of 1837 has been made in the form of a statutory instrument and comes as a response to the pressures of the coronavirus crisis. It will enable testators to make valid Wills by “videoconferencing or other visual transmission”.Since the passing of the act, nearly two-hundred years ago, Wills in the UK have always required two witnesses to be physically present to witness the testator’s signature and to provide their details – even during times…

There have been a number of excellent articles published recently surrounding the question of “hopeless” contested probate cases. The current concern is that the rise of such work is causing legal departments, or indeed entire firms, to be set up specifically to cater for low-value, weak cases which might be inclined to settle out of court.It has been suggested that similar to the rise of the personal injury claim as a mainstay for UK legal practices in recent years, contested probate is now experiencing the same boom. The hackneyed PI slogan of “where there’s blame, there’s a claim” seems to…

The Law Gazette reports that applications for grants of probate fell by around 50% during coronavirus lockdown. With probate solicitors unable to get into offices to access physical Wills and relatives unable to retrieve required documents from relatives’ homes, the number of applications typically seen at this time of year dropped sharply. However, Her Majesty’s Court and Tribunal Service (HMCTS) has said it anticipates a surge in applications once lockdown measures are fully eased.Anecdotal evidence from probate solicitors suggests there are still considerable delays at hand in acquiring probate: the average time frame for grant of probate appears to be…

As lockdown measures finally ease, it is hoped that the economy can start on the road to something resembling recovery. For many businesses, however, the impact of coronavirus is likely to be far-reaching and will extend much further than mere lost time.While construction contractors who have faced delays and/or increased costs due to the lockdown are likely to be reviewing their entitlement to relief under their existing contracts, it would be wise for the industry as a whole to swiftly begin the process of looking forward. This will undoubtedly mean considering how the risks of COVID-19, and perhaps further pandemics,…