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Cousin's Daughters Both Entitled to Benefit Under Ambiguous Will

Imprecise drafting in a will is a recipe for litigation and dispute later on. A recent High Court decision on the interpretation of an ambiguous clause in a man's will illustrates the kinds of issues that can arise. The man had made a will in 2007 leaving...

Void Marriage Means Declaration of Marital Status Cannot Be Made

Under Section 58(5) of the Family Law Act 1986 , the courts cannot make a declaration that a marriage was void at its inception. That recently proved fatal to an application for a declaration as to marital status by a husband who had undergone a marriage...

Dog Training Business Compensated for HS2 Compulsory Purchase

Businesses whose premises are compulsorily acquired are entitled to compensation for loss of profits and any reduction in the value of the business, as well as the value of the premises themselves. Recently, the Upper Tribunal (UT) found that compensation...

Homeowners' Boundary Determination Application Rejected

When applying for a boundary determination, it is crucial to gather as much evidence as you can in support of your application. Recently, a couple's application for a determination of part of the boundary between their home and neighbouring land was...

Palliative Care in Elderly Woman's Best Interests, Court Rules

When deciding what is in the best interests of a patient who lacks capacity, the courts will take into account any wishes and feelings the patient has previously expressed but will consider them in the context of all the evidence. Recently, the Court of...

Court Orders Provision for Daughter Excluded from Father's Will

The law affords people a high degree of testamentary freedom, and those seeking reasonable financial provision from an estate must satisfy the courts that it was unreasonable that adequate provision was not made for them. Recently, the High Court ruled that...

Girl Not Habitually Resident in England and Wales, High Court Rules

The High Court has ruled that a three-year-old girl was not habitually resident in England and Wales and it therefore did not have jurisdiction to determine her father's application for her return from the UAE. The girl's mother was a citizen of Pakistan...

Dwellings in an HMO Can Themselves Be Houses, UT Rules

If a building is a house in multiple occupation (HMO) within the meaning of Section 254 of the Housing Act 2004 , can dwellings within the building also be houses for the purposes of the selective licensing scheme in Part 3 of the Act? The Upper Tribunal...

Will Made Four Months Before Elderly Woman's Death Ruled Invalid

The High Court has ruled that a will made by an elderly woman with dementia, in which she disinherited one of her sons, was invalid due to lack of testamentary capacity and want of knowledge and approval. The woman's previous will, made in 2018, divided...

Collective Enfranchisement - A Brief Guide

In certain circumstances, owners of leasehold flats have a legal right to buy the freehold of the building together with other leaseholders. This process is known as collective enfranchisement. For collective enfranchisement to be available, the building...
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