Contested Probates

Posted 14 October 2021 by Eleanor Russell

Losing loved ones is difficult enough without the worry as to how their estate is being handled. Unfortunately, disputes over wills and inheritance seem to have increased as families have become more diverse and complicated. These disputes are classed as contentious probate in the UK and cover a wide range of claims such as the validity of a will, testamentary capacity, inheritance act claims (for example the will didn’t leave you what you feel you deserved or were promised), mismanagement of the estate and disagreements between beneficiaries to name but a few...

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Some common misconceptions about divorce and separation

Posted 01 July 2021 by Dawn Pennell

You can have a ‘quickie’ divorce – even with co-operation between spouses the divorce process is likely to take five or six months to complete and longer if one party objects.I have a ‘common law marriage’ because I have lived with my partner for more than two years – this is not the case.  What you are legally entitled to if your marriage breaks down will be very different from your entitlement if a cohabiting relationship comes to an end.A Court will always say that children should live with their mother – parents have equal rights in relatio...

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The Family Mediation Voucher Scheme

Posted 09 June 2021 by Dawn Pennell

In March 2021 the Ministry of Justice launched a voucher scheme which provides a contribution of up to £500 towards the costs of a couple attending mediation.  One million pounds was made available to the Scheme which means 2000 families will benefit from it.  This is an attempt to support people in resolving their family law disputes outside of the Court arena.  Family mediation is a process where a trained independent person helps a couple to work out arrangements following their relationship break down.   Matters relating to finances, children or property ...

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Is the "blame game" about to finally end?

Posted 08 June 2021 by Dawn Pennell

Is the “blame game” about to finally end? At present couples need to demonstrate that their marriage/civil partnership has irretrievably broken down and they are forced to blame each other for the breakdown by saying that their spouse/civil partner has behaved unreasonably, has committed adultery (only in relation to marriages) or deserted them unless they prove that they have lived apart for two years with the other’s consent or five years without that consent. The Divorce, Dissolution and Separation Act 2020 has been passed which will change that.  The sole ground...

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