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David Wylde
3 years ago
Spouses of British or settled persons: minimum income requirement and article 8 ECHR Since the massive changes in Immigration Rules introduced on 09 July 2012, the lawfulness of several of the Rules  requirements relating to spouses and partners  visas have been challenged. In 2015 the Court of Appeal (Civil Division) analysed the lawfulness of the requirement that the sponsor of a foreign spouse should earn at least
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JMW
3 years ago
Following the death of Wham star, George Michael, earlier this year, Kenny Goss (Michael's previous partner) sought to bring a claim against the
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JMW
3 years ago
Claims in undue influence are difficult, particularly as there is often a lack of evidence. Our blog post, "Master of Manipulation - Undue Influence in Wills", looks at the case of Benjamin Fields and what undue influence is and what you must consider before bringing such a claim. "Master of Manipulation - Undue Influence in Wills" 12th September 2019 In a recent case, Benjamin Fields, a Church Warden in the village of Maids Moreton in Northern Buckinghamshire, targeted two elderly, vulnerable individuals in the community, Mr Farquhar and Miss Moore-Martin, in order to influence these individuals to alter their wills in his favour. Mr Fields has now been convicted of the murder of Mr Farquhar along with numerous counts of burglary and fraud. Miss Moore-Martin was fortunately able to amend her will before she died after Mr Fields s crimes were discovered. Sadly Mr Farquhar was not as fortunate and he died leaving Mr Fields
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Alison parry 800x800px
JMW
3 years ago
After the death of a loved one, it is common to arrange a funeral, burial, cremation or memorial service. This may be guided by the wishes of the loved one before they died, but if a dispute arises over funeral arrangements, who is legally entitled to have the final say? This is a sensitive area which requires expert input from lawyers; many people are often unsure as to who the law recognises as being the person with the entitlement. My blog (see below) on this topic may provide some guidance to those who find themselves in such a situation. "Funeral Arrangements: Who is in Charge?" 16th January 2020 Following the death of a loved one, it is common to arrange a funeral, burial, cremation or memorial service. This may be guided by the wishes of the loved one before they passed away, but if a dispute arises over funeral arrangements, who is legally entitled to have the final say? Whilst it is common for individuals to include their wishes relating to funeral arrangements in their final Will and Testament, it is important to note that these wishes are not binding. Therefore, whilst this can reflect the wishes of the deceased and can offer useful direction, this does not provide any guarantee that these wishes will be followed. Where there is no Will in existence, there might be nothing that gives guidance as to what the deceased would have wanted and disputes can often arise as a result. Following the death of a loved one, it is not possible for anyone to claim ownership over a person, however a right of possession exists, which is usually held by the Personal Representative ( PR ) of the deceased s estate. If the deceased has left a Will, the PR is the Executor appointed under the Will and if the deceased has died intestate, the PR is the Administrator of their estate, who would be the person appointed in line with the Intestacy Rules. The right of possession does not fall to the next of kin as some people often assume. Further to this, the PR has a duty to dispose of the body of the deceased and therefore it is the PR who has the final say regarding any funeral arrangements. This can understandably lead to disputes, as the PR has the authority to overrule close family members of the deceased regarding funeral arrangements, which can be a particularly emotive and personal subject for those left behind. For example, if the deceased has appointed their cousin as the Executor under their Will, the cousin would become the PR of the deceased s estate and could overrule other family members, such as the deceased s wife and children, with regards to funeral arrangements. This can be worsened due to the emotional pressure and upset of recently losing a loved one, which can create a more hostile environment that is more likely to result in disagreements. In many cases the PR would no doubt consider and follow the wishes of the close family but in certain circumstances, this might not be possible or desirable and as such disputes can arise at what is already a difficult time and where relations may already be strained. In the case of Laing v John Poyser Solicitors [2012], the deceased s son disagreed with the Executor s decision to cremate his late mother (despite her wishes) and sought an injunction to prevent the Executor from arranging the cremation. In this case, a firm of solicitors were appointed as Executor of the deceased s estate. The Judge refused to grant the injunction on the basis that the Executor was in lawful possession of the body of the deceased and therefore, they had the right and the duty to make arrangements for the disposal of the body. This demonstrates the difficulties that can arise when close family members disagree with the actions of a PR. Discussing someone s wishes before they pass away would assist to ensure such a dispute does not arise but this is not always practical and often those loved ones left behind and the PRs are left in a difficult position as to how to proceed. At JMW we are experienced in handling disputes of this nature that may arise and we can offer professional, experienced advice that is appropriate to your circumstances. If you are involved in a dispute, please contact us to discuss how we can be of assistance.
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Alison parry 800x800px
JMW
3 years ago
Are you entitled to see someone's will after they die? My colleague, Claire Brierley, answers all of your questions in her article on the topic. Please see it below. "Are You Entitled to See Someone s Will After They Die?" 12th February 2021 After a loved one has passed away and it comes time for their estate to be dealt with, family members and those closest to the person who died will often want to see a copy of their Will to find out whether they are due to inherit any money or possessions or just to satisfy themselves as to what the deceased wanted to happen to their assets. Before the death of an individual, their Will is a private document and, as such, there is no requirement for them to register it anywhere or share it with anyone. Most people will keep their Will at home with any other important papers, or may choose to store the original with the solicitor or Will writer that assisted with the preparation. After death, the position changes. Before a Grant of Probate From death until an application for a grant of probate has been made, only the executor(s) named in the Will are entitled to see the Will. While the beneficiaries of a Will do not have the right to view the Will itself, they are entitled to certain information, for example details of a specific legacy if they have been left one or, if they have been left the residuary estate (namely what remains in the estate once any debts and specific legacies have been paid), they have the right to know who the executors are and to be provided with an estimate for how long the administration of the estate may take. What if you are not named in the Will? If you are not named in the Will, you can request a copy from the executors. While not obliged to provide it, executors should adopt a reasonable approach and provide a copy to those that request one (unless there is a good reason not to), either as a means of reassuring beneficiaries or determining if a genuine dispute exists concerning the validity of the Will. It serves little benefit for the executors to delay access to a copy of the Will when it will become publicly available after the grant of probate. It is also possible to set up a standing search with the Probate Registry to ask that a copy of the Will is sent to you if and when probate is granted. After a Grant of Probate has been issued Once probate has been granted, the Will becomes a public document and is registered at the Probate Registry. At this point, anybody can obtain a copy of the Will by applying to the Probate Registry either online or by post and paying a fee. There may be circumstances where a grant of probate is not required for the executors to distribute the estate in question. In these situations, the Will remains a private document and it remains at the discretion of the executors if a copy is provided to any party that requests sight of the Will. If you have concerns about the validity of somebody s Will and the executor is refusing to provide you with a copy, or if you are the executor of a Will and you are unsure if you should provide someone with a copy of a Will, you should obtain specialist advice and assistance at the earliest opportunity. Challenges as to the validity of a Will can be complex and it is therefore important to seek expert legal advice before deciding whether to proceed with, or defend, such a challenge.
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Alison parry 800x800px
JMW
3 years ago
There has been an increase in the number of contested wills over the last few years, but what is to blame for the increase? In the below article, my colleague Ian Johnston identifies 6 particularly common factors. "Will disputes on the rise: 6 circumstances creating contested wills" 30th August 2019 The number of contested wills have risen substantially in recent years. This post will set out below some of the reasons which might explain why the number of disputes is increasing: 1. Complex family structures One factor behind the increase in contested wills could be that divorce, remarriage, cohabitation and children from multiple relationships are all much more common, resulting in more complex family structures and difficulty for a person making a will to take care of everyone or keep everyone happy. 2. Lack of contact It is increasingly common for families to live further apart, which can place a strain on relationships due to difficulties regarding both communication and contact which can create scope for arguments and disputes between family members. If family members are not seeing their relatives regularly, or feel neglected by their family, those relatives may find themselves left out of a will. 3. Increased media coverage Another reason could be that individuals today are more aware of their legal rights and the possibility of bringing a claim due to the ease of access the internet allows to news and media reports regarding this area of law. This can lead to an increased appetite for litigation where individuals are dissatisfied with the content of a will. 4. Larger estates House prices have increased in recent years, meaning that in many cases the estate of the loved one can be larger, and as a result individuals may be more likely to dispute the will as there is more at stake. 5. Ageing population An ageing population means that conditions which affect a person s capacity to carry out certain tasks or which can leave them vulnerable are more prevalent and this can mean that wills are more susceptible to challenges over testamentary capacity or undue influence. 6. Rise in DIY wills  Lastly, DIY wills  which individuals write themselves without legal advice or assistance can also lead to disputes over the validity of the will. Whilst it is possible to write a valid will without legal advice, any error can render the will invalid, or create ambiguity, and may result in unnecessary fees and delays regarding the distribution of the estate. In addition to a financial loss, this can also place a further emotional strain on the bereaved who must now deal with the fallout. These are just a few of the factors that have played a role in the rise in the number of contested wills. Our next blog will cover some simple steps that can be taken in order to try and protect your will against any disputes or challenges that could arise.
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Alec Hancock
3 years ago
Some accidents at work are caused by failure to provide any or any adequate PPE. I act for many clients who seek compensation for their injuries and can do so because I act on a No Win, No Fee basis www.accident-at-work.legal
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Alec Hancock
3 years ago
This month I will be representing my client at trial for his holiday sickness claim. This will literally be a bean to cup  representation. I drafted the initial letter of claim which started his claim and I will be before the Judge at the end of the month advocating his case. I act for my clients on a no win, no fee basis and in claims which other firms aren t willing to run due to the risk and costs www.holidayillnessclaims.com
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Legal & Governance Hub
3 years ago
Legal & Governance Hub is a business law consultancy supporting startups, scaleups & SMEs with: - Commercial law - Corporate law - Company Secretarial services - Intellectual Property - Employment law - Business policies www.legalgovernancehub.com info@legalgovernancehub.com
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Solve Law
3 years ago
Commercial Property introduction. https://youtu.be/AlSvva3BIKI
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Lawyer 365
3 years ago
Lawyer 365, a Warwickshire-based legal tech start-up, is going from strength to strength with leading national law brands joining the already impressive list of solicitors firms listing lawyers on the virtual law platform. Since joining the platform  law firms have been enjoying great success with generating new leads across all areas of law, including criminal, conveyancing, family, employment, immigration and wills/probate. www.lawyer365.co.uk #law #lawyers #lawtech #solicitors #futurelaw #online #app #virtualpractice
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Onaiza Khokhar
3 years ago
I work with both private and corporate clients across a number of industries, providing incisive immigration guidance based on an understanding of your needs and my thorough knowledge of immigration requirements. For employers my immigration service is on hand to guide your organisation safely through the complex requirements by securing the right visas for employees. I also assist individuals with their visa requirements. Whether your eligibility relates to your career or your family life, I can provide you with the specialist support that you need to help you live and work in the UK. I assist with the visa application process whilst providing you with clarity, efficiency of process and peace of mind.
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Ashwood Solicitors
3 years ago
Hi everyone! My name is Masoud and I am a qualified Solicitor with 16 years experience. I can offer legal advice on a number of different matters, but I mainly specialise in Civil Litigation and Disputes Resolution. Please get in touch for an initial 15 minute chat.
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The WillMaker Group Ltd.
3 years ago
20 Top Reasons to have a Will, Trust or Power of Attorney put into place! Number 2. Protect your children s inheritance with a Trust Will. https://thewillmaker.co.uk/will-trust/
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The WillMaker Group Ltd.
3 years ago
20 Top Reasons to have a Will, Trust or Power of Attorney put into place! Number 1: Name guardians within your Will to ensure that your choice of who you want to look after your children is legally binding should the worse happen. https://thewillmaker.co.uk/why-do-i-need-guardianship-in-a-will/
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BCM Law
3 years ago
Check out BCM Law promotional video
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David Wylde
3 years ago
Happy Birthday to me - 04/06/2021
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David Wylde
3 years ago
IHS increase
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David Wylde
3 years ago
Choose the right lawyer always
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David Wylde
3 years ago
Yes I took the vaccine. Let s do our best to save lives if we can.
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