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A will purported to have been made by an elderly woman during lockdown has been declared invalid because she had not signed it in the presence of two or more witnesses, as required by Section 9 of the Wills Act 1837 . The will was dated 25 April 2020,...

While the First-tier Tribunal (FTT) is in principle a 'no costs' jurisdiction, it may make an order in respect of costs if a person has acted unreasonably in bringing, defending or conducting proceedings. Recently, the Upper Tribunal (UT) upheld a...

Where the record of a property's title at the Land Registry contains a mistake, Paragraph 5(a) of Schedule 4 of the Land Registration Act 2002 allows the register to be altered to correct it. The First-tier Tribunal (FTT) recently granted a homeowner's...

It is essential to ensure that court orders are complied with during divorce proceedings. Recently, the Family Court refused a wife's application for relief from sanctions due to her failure to file and exchange her witness statement in accordance with a...

The High Court has upheld a woman's challenge to a will allegedly made by her late father, finding that the defendants had failed to establish on the balance of probabilities that it was genuine. The will had purportedly been executed in 2019, the year...

In a guideline case, the Court of Protection has granted an application by an observer to a hearing for disclosure of the parties' position statements . The proceedings related to a patient who was suffering from a prolonged disorder of consciousness. The...

In a case relating to the division of assets under a pre-nuptial agreement (PNA), the Family Court has ruled that a wife should be allowed to amend her case to formally plead conduct under Section 25(2)(g) of the Matrimonial Causes Act 1973 . It was common...

The Upper Tribunal (UT) has upheld a company's appeal against a £10,000 fine for managing or being in control of a house in multiple occupation (HMO), finding that there was no evidence that it was a person managing the property. The local authority...

It is wise to seek legal advice before making an application to the First-tier Tribunal (FTT) for a determination of liability to pay service charges. Recently, the FTT was unable to rule conclusively on whether the tenants of two flats were liable to...

The High Court recently rejected a challenge to the will of a woman who had experienced memory issues prior to making it. The woman had made the will in 2008. She left her interest in her and her husband's house to her elder daughter. After bequests of...