Author: Simply.Law

In 2019 insurance company Direct Line released details of a survey which claimed that as many as one in four of us would be prepared to dispute a Will or contest probate.The survey, carried out in July 2018 across the UK, found that residents of Southampton, Norwich and London were the most likely to contest probate or dispute a Will in the event they were unhappy.Furthermore, the insurer outlined how in 2017 there was a six percent rise in the number of contested probate claims and how the number of such cases reaching the High Court had reached a record…

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A number of recent cases involving divorce solicitors, particularly in London, have attracted attention over the issue of contentious litigation and accompanying disproportionate costs. For example, during a recent divorce case, Daga v Bangur [2018] EWFC 91, Justice Holman spoke of the ill effects of “destructive litigation” and its power to diminish the assets of divorcing parties.The case focused on a husband’s claim for a lump sum financial settlement worth between £1 million and £1.5 million.The judge described it as “tragic” that the divorcing parties had spent more than £1 million on legal costs: around £380,000 on litigation related to…

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In an ideal world, sincerity and good faith would be at the heart of every divorce case. However, when relationships break down it often seems to bring out the worst in divorcing parties, which of course means that, in many cases, it is hard to achieve anything other than agitation, contention and acrimony.And again in an ideal world, divorce lawyers would help divorcing parties understand that although their situation may look less than ideal, the best way to achieve divorce settlement goals is to act reasonably and litigate in good faith.This message was one of the take homes from comments…

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In October of the year, Clive Shaw bought a propriety estoppel claim against his aging parents.He claimed that his father had promised since 1978 that he would inherit the family dairy farm when the parents died.  However, following a number of arguments between the parents and the son over his “workshy” attitude and his choice of partner, he was written out of their Wills in 2017.Passing judgement yesterday, the Judge Linwood said“There was a family expectation that Clive, as the eldest child and only son, would inherit the farm – in the sense of it being a family business –…

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The UK has had more than its fair share of unusual laws throughout its history. It’s hard to believe some of the laws that were enforced in the past, and it’s even harder to believe that a number of them are still in effect today. Below we take a look a few of the strangest laws that are still around.It is an offence to be drunk and in charge of a cowThe Licensing Act 1872 forbids people from being drunk while in charge on any highway or other public place of any carriage, horse, cattle, or steam engine. Sensibly, the…

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New research from The Co-Op Insurance shows that home theft claims increase by over a third during the dark winter months, with Friday being the most likely day a theft will occur.With the clocks now having gone back at the weekend, and the autumn equinox now well behind us, there will be more hours of darkness providing criminals with more opportunities to carry out break-ins, burglaries and thefts under the cover of darkness.Here are some simple steps you can take to keep your home safe from potential burglars.Outside the home                     …

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Clive Shaw has taken his ageing parents to court, bringing a propriety estoppel claim against them after discovering they had written him out of their Wills.He claims that he worked on his parent’s dairy farm for most of his life, from the age of seven, and that his parents promised him that one day the farm would be his. However, his mother took issue with his partner, Lesley Hollis, calling her a “gold-digger” after a family argument during Christmas in 2016.  His parents also claimed that he had not worked hard enough on the farm and would keep away from…

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To ensure that your wishes are carried out after you’ve gone, it’s essential to make a Will, preferably with the help of a Wills solicitor. Many people see making a Will as a chance to ensure their loved ones are well provided for, but some people choose to do this in more unusual ways than others. Here is a look at some of the strangest bequests made in Wills.My Second-Best BedWhen William Shakespeare died in 1616, he left the majority of his money and properties to his daughters. Shakespeare left almost nothing to his wife, Anne, save his “second best…

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Q:  My partner and I are in our 50s, we own a property outright as tenants in common. We do not intend to get married as we have both been married (and divorced) before. I am worried that if my partner were to die, his estranged adult children would inherit his estate, leaving me in a difficult position financially in respect of the property.  I am also concerned about the issue of having to pay Inheritance Tax on my partner’s estate.A: Yours is not an unusual situation; many middle-aged couples have chosen to live together without being married.It is understandable…

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Having your first consultation with a solicitor can be nerve-wracking, but these tips will hopefully help you prepare and feel more confident about the first meeting.1 – Be prepared – it is advisable to prepare a brief chronology of your case so that your solicitor can read this to gain a better understanding of your situation. This is just a short summary of the fact, including who is involved, the date the dispute started, the type of dispute, the key events and the status of your dispute. Take any previous correspondence and relevant documents with you, such as letters or…

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