What are the options if you believe there is a mistake in a Will?

The importance of leaving a Will cannot be stressed enough – it allows someone to pass away safe in the knowledge that they have provided for their loved ones and their assets will be distributed according to their wishes. ‘Some people think that it is unnecessary and costly to use a solicitor to draft their Will, relying instead on off-the-shelf or do-it-yourself methods,’ says Julie Bradwell, Associate and C.T.A.P.S. Registered Contentious Trust and Probate Specialist in the Litigation Department with Ware & Kay Solicitors. ‘However, there are many potential pitfalls when it comes to drawing up a Will, and the cost of getting it wrong can be high indeed.’  Julie Bradwell explains the options if you have been surprised by the contents of a Will and believe that there may have been a mistake. Problems with…

Misconceptions in Valuing an Estate for Probate. Pitfalls for Beneficiaries and the Disinherited

It is not unusual for misunderstandings to occur about the value of a deceased’s estate, risking substantial financial loss to a beneficiary or a claimant against an estate, if not legally advised. “Joint Bank Accounts” In my experience banks often mislead people that “Joint Accounts” are not part of the deceased’s estate. The ownership of a bank account held in more than one name depends on the circumstances. An elderly widow befriended a gentleman. He suggested adding his name on her bank account to assist her with banking and she agreed. Later she died and left all her estate to her adult children.  The bank told the gentleman that as he was the survivor of their “Joint Account”, her life savings in that account were not part of her estate to pass to her children, the…

Fields of Promise: Navigating Farming Disputes and Proprietary Estoppel

Clashes over the ownership of the family farm are sadly not uncommon among farming families. Legal battles often ensue after a family member works on the farm for years, often for low pay and infrequent holidays, on the understanding that they will eventually take ownership of the farm – only to find themselves expelled from the farm following a disagreement, or that the Will makes no or inadequate provision for them. In either of these scenarios, a claim for proprietary estoppel may be a useful tool; if successful, such a claim may force the defendant to honour the promise made to the disappointed farm worker, as Julie Bradwell, Associate Solicitor at Ware & Kay incorporating Pearsons & Ward Solicitors in Malton, York & Wetherby, explains.  What is proprietary estoppel? Proprietary estoppel is a legal doctrine…

Shareholder Disputes: what happens when shareholders fall out?

Disputes between company owners are not uncommon and can range from disagreements about strategy and management through to allegations of breach of fiduciary duties and breach of trust. These disputes can have serious ramifications which may threaten the financial security of your business. The legal framework for addressing shareholder disputes in England and Wales is primarily governed by the Companies Act 2006 alongside the company’s articles of association and any Shareholder Agreement. There are three main remedies available to you as a shareholder of a company if you think that your rights as a member have been compromised, whether that is because of money being taken such as by paying unauthorised dividends or paying excessive salary or other breaches of company duties or company mismanagement. The principal remedies are: Presenting an unfair prejudice petition…

How to prevent a right of way being acquired

A case before the Upper Tribunal earlier this year, Nicholson v Hale [2024], gave us some useful guidance on the requirements for signs that are intended to prevent rights of way being acquired by long user or ‘prescription.’ The case concerned two properties in Derby Terrace in Nottingham. Party A owned 4 Darby Terrance (Number 4) and Party B owned 6 Darby Terrace (Number 6). The front doors of both properties were on a raised walkway with steps at the eastern end with access to the public highway. Number 6 could also be accessed across Number 4’s forecourt and staircase. Party A purchased Number 4 in 2020 and then began work to demolish their staircase and enclose their forecourt to create a walled garden. The owners of Number 6 claimed that they had a prescriptive…

The Renters Rights Bill: what does it mean for Landlords?

The Renters Rights Bill will abolish Assured Shorthold Tenancies (ASTs) and section 21 no fault evictions. It will also end fixed term assured tenancies so that all tenancies will be ‘periodic’ with tenants able to stay in their home until they decide to end the tenancy by giving 2 months’ notice. Once adopted the new law will mean that landlords will only be able to recover possession of their property by relying on one of the grounds for possession. The Bill introduces new grounds for possession including where the landlord or landlord’s spouse, partner or family member requires the dwelling as their only or principal home or where the landlord wants to sell. There is also a new ground for possession related to students in HMOs (Ground 4A) allowing landlords of full-time student tenant to…

Can I get a divorce in England or Wales?

You may have read in the news of many wealthy international divorces occurring in England, such as the divorce of the Dubai ruler, Sheikh Mohammed bin Rashid Al Maktoum, believed to be one of the largest in the history of UK divorces. The popularity of England and Wales for international divorce is due to the many benefits it can afford in comparison to other countries. Judges tend to have much greater discretion in England or Wales, and our starting point of equality is not always matched in other jurisdictions. If you did not marry in England or Wales, or if you or your spouse do not currently live in England or Wales, you may be wondering if you would be able to obtain a divorce here. To be allowed to divorce in England or Wales, you…

Guide to direct access arrangements for children

Being separated from your child can be heart-wrenching, and yet some parents have to overcome some significant hurdles to be able to spend time with their children in a way that many families take for granted. Direct access is the ultimate goal, and in this article we will focus on the different types of direct access, and what steps can be taken to finalise any agreement or seek a way forward if agreement cannot be reached. Direct access means any contact a parent has with a child that is face to face. It can be in many different formats and can include restrictions if necessary to meet the child’s welfare needs. Why have direct access? Before we consider the different types of direct access arrangements, we will take a quick look at the reasons to have…

What can you do if your commercial tenant stops paying their rent?

A landlord has a number of remedies available to it if a tenant stops paying their rent. It is important that as a landlord you choose your remedy wisely because it may not be possible to back track and select a different route once you have embarked on a course of action. Option 1: Forfeiture A well drafted commercial lease will include a right of re-entry, or a right to end the lease, if rent is unpaid for a certain number of days. The right can be exercised by court proceedings or by simply re-entering the property by ‘peaceable re-entry’. Peaceable re-entry is quick and effective and provided that there is no possibility of it being challenged, for example by the landlord having waived its rights, then it is invariably the preferred method of re-entry…

Can I amend our divorce settlement due to a chronic health condition?

During a divorce or dissolution of a civil partnership, there are a number of factors that must be taken into account when dividing financial assets. These factors include any mental or physical disability of either spouse or civil partner and what their current and future financial needs will be. This provides scope to make a fair and just settlement for anyone that maybe suffering a chronic health condition - a long term illness which is likely to significantly impact a person’s function, earning capacity and future financial needs. What happens if you had agreed a settlement and have been subsequently diagnosed with a chronic health condition which affects your earning capacity? When it comes to divorce or dissolution settlements, a chronic health condition can have a significant impact on the financial division of assets. If your…