Find here my blog posts on what I have been doing each month (roundups), case law updates and general commentary.
Select by category:
Case Update (2) Commentary (12) Estates (4) Q&A (2) Q&A (Divorce) (2) Q&A (Estates) (1) Q&A (FA) (2) Q&A (Procedure) (1) Q&A (Property) (2) Q&A (Wills) (3) Roundup (9) The Basics (3) Uncategorized (1)
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Valuing a Business in Divorce Proceedings
When a couple divorces, the division of assets often includes the valuation of business interests, especially in cases involving family businesses or entrepreneurial ventures. Accurately valuing a business ensures a fair financial settlement and avoids disputes over its worth. This article explores how businesses are valued in divorce proceedings, the challenges involved, and the steps […]
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Navigating Property Disputes: The Role of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA)
Disputes over property can arise in various circumstances—between co-owners, family members, or even during the dissolution of relationships. When these disputes occur, the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) is a critical piece of legislation that provides a framework for resolving them. This article explores the role of TOLATA in property […]
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Equitable Accounting Explained: What Property Owners Need to Know
When co-owners of a property contribute unequally or derive unequal benefits, disputes often arise. Whether it’s unpaid mortgage contributions, disagreements about property improvements, or exclusive occupation, equitable accounting is a legal principle that ensures fairness. This guide breaks down what property owners need to know about equitable accounting, when it applies, and how it could […]
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Understanding Matrimonialisation in Divorce Proceedings
Divorce proceedings often involve complex considerations, particularly when determining how assets are divided between spouses. A critical aspect of this process is the concept of “matrimonialisation,” which pertains to the classification of assets as either matrimonial or non-matrimonial. This classification significantly influences the division of assets upon divorce. Defining Matrimonial and Non-Matrimonial Assets In the […]
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What Are Trusts of Land?
A trust of land is a legal arrangement where property is held by one or more individuals (the trustees) for the benefit of others (the beneficiaries). Trustees hold the legal title and manage the property, but beneficiaries enjoy the benefits, such as living in the property, renting it out, or receiving income. Trusts of land […]
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What is a Matrimonial Remedy Order?
A matrimonial remedy order is a legal order made by a court to settle financial disputes between divorcing or separating spouses. This blog will explore the different types of matrimonial remedy orders, the process involved in obtaining one, and how they can help achieve a fair financial settlement. Related Questions Understanding Matrimonial Remedy Orders Matrimonial […]
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Caveat to Stop Probate: What You Need to Know
When dealing with the estate of a deceased loved one, you may come across situations where you need to challenge the probate process. A common method to achieve this is by entering a caveat to stop probate. This blog post will explain what a caveat is, the process for entering a caveat, and its limitations. […]
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Can You Claim Part of Your Partner’s House After a Breakup?
Breakups are never easy, and when there’s a property involved, the situation can become even more complicated. If you’re wondering whether you can claim part of your partner’s house after a breakup, this blog post will guide you through the legal landscape in England and Wales, focusing on the Trusts of Land and Appointment of […]
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Top procedural tips for people representing themselves in court
If you are representing yourself without a solicitor or other type of regulated lawyer, you are a ‘litigant in person’ (‘LiP’). There may be a number of reasons that you are a LiP most commonly it is because of money. However, other people represent themselves for the challenge and to be blunt also an inflated […]
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Associate –> TEP
I received official word yesterday that my application to upgrade from Associate to TEP had been approved. For those that don’t know, TEP is a recognised designation from the The Society of Trust and Estate Practitioners which is the leading global body for advising families in private client matters. STEP is a global organisation with […]
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How to get possession of a property when the owner dies
Other related questions include: The answers to the above will depend. However, in almost every case notice will be required. It is a very bad idea to just change the locks or turn up with a few rugby mates to remove someone from property. The answers to the above questions will largely depend on (1) […]
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Can a will be valid if it is undated?
You’ve found a will after someone has died but it’s undated. Does that mean it is invalid? Does a will require there to be a date? Let’s start with what the legal requirements are for a valid will. You will find them in section 9 of the Wills Act 1837: What do you notice that […]
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Private client update -April 2024
In April 2024 my colleague Matthew and I did an online update. Unfortunately I ran out of time and was not able to cover all of them. I have skipped the video to where I start my presentation.
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Update
Hello everyone! I have been absent for some time having been busy with work and my personal life. I have recently come back from two weeks in America. Before I knew it, half the year has passed by. I decided that a new blog post was well overdo. This website is still very much alive, […]
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December, January Roundup
I’ve been a bit tardy with my posts. I was busy during December and then around the 22nd I got ill. I then contracted covid at the start of January and when I recovered from that, got something else. So anyways, I have not been firing on all cylinders since about the middle of December. […]
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November Roundup
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A brief burial dispute
Today I was instructed over a burial dispute on an urgent basis. I had wind that something might be coming my way for a few days, but nothing confirmed either way. At 08:29am this morning I received an email from my clerk that I was to be in the High Court District Registry in Birmingham […]
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October 2023 Roundup
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September 2023 Roundup
Lake Ontario looking tranquil.
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August 2023 Roundup
This is a snapshot of the matters I have been instructed on:
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July 2023 Roundup
July was a busy month despite a week in Iceland!
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June 2023 Roundup
Never seen Wales so sunny!
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STEP Affiliate to Associate
On 22 June 2023 I was told that I passed my Trust and Estate Accounting: England & Wales exam which I sat in May. That was my second Advanced Certificate (the first one being Trust and Estate Taxation) that I passed which meant I was eligible to become an Associate. Well, I promptly sent off […]
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Quantum v Quantum – the drama continues
Quantum Advisory Ltd v Quantum Actuarial LLP [2023] EWHC 1338 (Ch) My article on Quantum Advisory Ltd v Quantum Actuarial LLP [2023] EWHC 1338 (Ch) was published today on Lexis®PSL. You can read my article titled ‘No declaration but ‘judicial guidance’—no duty of good faith (Quantum Advisory Ltd v Quantum Actuarial LLP)‘ if you click the link […]
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May 2023 Roundup
Here are some examples of the work I have done in May 2023: