The underutilised weapon: why Financial Dispute Resolution should be standard in Chancery disputes
While the Family Division routinely uses the Financial Dispute Resolution (FDR) model to achieve swift, cost-effective settlements, its Chancery equivalent remains a valuable, yet significantly underused, resource. As the costs and delays associated with full trials in the Business and Property Courts continue to rise, now is the time for solicitors and litigants alike to […]
The hidden role of executors: when executors become the problem
“Wills are uncanny and electric documents. They lie dormant for years and then spring to life when their author dies, as if death were rain. Their effect on those they enrich is never negligible, and sometimes unexpectedly charged. They thrust living and dead into a final fierce clasp of love or hatred. But they are […]
Witnesses to Wills rules could extend to cohabiting couples
Currently, if someone is a witness to a Will and also receives a gift under that Will, then that gift is void (though the remainder of the Will is unaffected). The same rule applies if it is the witness’s spouse or civil partner receiving the gift. However, under the current law this does not apply […]
Could your crypto assets be lost after death? Why reform is urgently needed
Unlike traditional savings or investments, crypto currency doesn’t automatically pass to beneficiaries through the probate process. Without reform, millions of pounds’ worth of digital assets could simply be lost forever. Why crypto is different to other assets With most financial assets, probate processes are established. Banks, building societies and investment managers all have procedures that […]
‘Suspicious’ Wills could soon be easier to challenge
What the Law Commission proposes – in brief The Law Commission has recently published a raft of recommendations to change the law surrounding Wills in England and Wales. We will be looking at some of the most significant of those proposals in a short series of articles. One of their important proposals is to change […]
The Inheritance (Provision for Family & Dependants) Act 1975 and Cohabitees
In 2021, it was reported there were around 3.6 million cohabiting couples in the UK – an increase of 144% since 1996. But, has the law kept up to date with these societal changes?