Letting the cat out of the bag? What are the implications of Haley v Haley for the arbitration of TOLATA disputes, 1975 Act claims and Schedule 1 matters?

The decision of the Court of Appeal last week in Haley v Haley [2020] EWCA Civ 1369 represents a fundamental shift in the approach to be taken to challenges to financial remedy arbitration awards, made upon divorce or dissolution of civil partnerships pursuant to the provisions of the Matrimonial Causes Act 1973 (“MCA 1973”) (or […]

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Revisiting interim payments in IPFDA 1975 claims: Weisz v Weisz [2019] EWHC 3101 (Fam)

We now have two recent decisions on the subject of interim payments under s. 5 of the Inheritance (Provision for Family and Dependants) Act 1975: the decision of Mrs Justice Lieven in T v V, which I have covered in a recent post here, and now the decision of Mr Justice Francis in Weisz v […]

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Litigating on behalf of P: Guidance for Deputies on seeking permission and managing conflicts

Her Honour Judge Hilder has given judgment in ACC & Others [2020] EWCOP 9, a test case which concerns the circumstances in which deputies must seek authority to litigate on behalf of P and other considerations such as managing conflicts where a professional deputy proposes to instruct its own firm in the litigation. The specific […]

Remote witnessing of Wills: The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020

Shortly before the Parliamentary recess, on 25 July 2020, the Government made a much anticipated, announcement that it would be introducing legislation modifying the formality requirements of s. 9 of the Wills Act 1837 so as to expressly permit the remote witnessing of wills via the use of video-conferencing technology. The issue of making wills […]

Special Dispensations: coronavirus puts informal wills back on the agenda

It was my great pleasure to co-author this article with Juliet Brook. Juliet is a Principal Lecturer in Law at the University of Portsmouth, specialising in property law.  Her research focuses on the law of succession and she has written a series of detailed articles on testamentary dispensing powers, which you can find here. This article […]

I do declare! Could a test case on remote witnessing wills be brought before death?

My last two posts have looked at the issue of will-making during the coronavirus pandemic, and the difficulties of socially distant witnessing, and some of the proposals for reform of the law of wills and the options for a temporary solution to the difficulties faced by testators during the pandemic. In this post, I address […]

Wills in the time of coronavirus: law reform, statutory dispensing powers, and a recipe for chili sauce

The Law Society and the Ministry of Justice are understood to be continuing to discuss possible solutions to the difficulties of making wills during the coronavirus pandemic. Although lockdown measures are starting to loosen, concerns about the risks posed by face to face meetings and home visits are likely to persist for some time and […]

Will-making and coronavirus: can wills be remotely witnessed?

We are living in extraordinary times right now. In the grip of a global pandemic, many people are concerned to ensure that their affairs are in order and that they have made a Will. However, social distancing measures and the need to shield the vulnerable from infection present particular challenges in terms of the formal […]

It’s Not Your Vault: A curious case of Adverse Possession in King v The Benefice of Newburn In the Diocese of Newcastle

This article was first published in the Practical Law UK Property Litigation Column. According to the statistics held by HM Land Registry, some 15% of land in England and Wales is unregistered. In particular, much of the land owned by the Crown, the aristocracy and the Church has not been registered, because there has been no change in […]

Removing difficult executors: s.50 of the Administration of Justice Act 1985

After validity challenges and 1975 Act claims, disputes concerning the conduct of executors are perhaps the most commonplace of probate disputes. From cases of difficult, slow, uncooperative or hostile executors through to the downright dishonest, the issue frequently arise as to whether the current personal representatives should continue to administer the estate or, alternatively, should […]