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Dawn Pennell of Capron & Helliwell considers the recent decision in the case of Owens v Owens

Posted 06 April 2017 by Dawn Pennell

The Court of Appeal decision in this case has been in the news recently and it relates to divorce petitions which are based on a person’s behaviour.  It concerns Mr and Mrs Owens who married in 1978 and separated in early 2015.  They have two adult children. You confirm in a divorce petition that you believe your marriage has irretrievably broken down and you choose one of five facts on which to base your petition.  Mrs Owens based her divorce petition on her husband having behaved in such a way which means she could not reasonably be expected to live with him.  S...

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Reduced Application fee for Lasting Powers of Attorney

Posted 03 April 2017 by Richard Tinkler

The Office of the Public Guardian (OPG), who deal with the registration of Lasting Powers of Attorney (LPAs), have confirmed that as of 1st April 2017, the registration fee for each LPA application shall be £82.  The previous application fee was £110.  The new fee therefore represents approximately a 25% reduction in the OPG’s application fee.  This is of course very welcome news for anyone considering making an LPA for either property and financial decisions and/or health and welfare.   Should you require any advice or assistance in dealing with obta...

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Supreme Court Decision on Will Dispute

Posted 15 March 2017 by Richard Tinkler

On 15th March 2017, the judgement was released by the Supreme Court in the high profile case of Ilott v Mitson, regarding a lady who made a Will and disinherited her daughter in favour of three charities.  The daughter of the deceased made a claim against the estate and was initially successful but the charities appealed to the Supreme Court.   The Supreme Court considered various factors in this case and the judgement can be found here:  https://www.supremecourt.uk/cases/docs/uksc-2015-0203-judgment.pdf   If you would like to make a Will (or if you have already mad...

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Probate Application Fees set to Increase

Posted 02 March 2017 by Richard Tinkler

It has now been confirmed that fees to apply for a grant of representation in connection with a deceased’s estate (known as a Grant of Probate or Letters of Administration, depending on whether or not there is a Will) will be increasing from May 2017. The current fee, irrespective of the size of an estate, is £155 for the grant (and 50p for each additional sealed copy which can be used in the same way as the original grant) if an application is made via a firm of solicitors.  The current fee is £215 if the application is made by an individual acting personally. The ...

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