Legal

This article covers the legal duties of executors and administrators regarding claims against an estate, including creditor and beneficiary claims. It emphasises the importance of managing these claims properly to avoid legal consequences and potential risks and liabilities. Executors appointed under a Will of a deceased and Administrators appointed under the Rules of Intestacy (when there is no Will) should consider and be aware that claims can be made against an Estate within 6 months from the date of issue of a Grant of Probate/Letters of Administration. The Executor/Administrator should caution against distributions out of an Estate from being made for the first 3 months and to be aware that claims can be made within the 6 month period. Examples of Claims against an Estate Reasonable Provision claimed by:- Any spouse or civil partner. Any former spouse or civil partner, provided they have not remarried or registered a new civil..

With New Year plans in progress, we spoke to Solicitor Charlotte Pinkham at Wilson Browne Solicitors about getting your affairs in order with a Will. Do I really need a Will? This is the most common question I get asked, especially from married couples as it is often assumed that everything will simply pass to the surviving spouse. However, if you do not have a Will in place, under the rules in England and Wales, you are deemed as passing intestate meaning it is then left to the intestacy rules to determine who benefits from your estate. Another aspect to note is that un-married partners and co-habitees are not recognised under the intestacy rules and so your partner would not benefit from anything in your estate. If you want control over who inherits from your estate and peace of mind knowing that your wishes will be respected after your death,..

Research recently conducted by Shoosmiths family law team revealed that 30% of couples living together rate relationship breakdown as one of life’s most stressful events – second only to serious illness – and yet alarmingly as many as 53% hadn’t made any arrangements to alleviate the impact in the event of separation.   Worryingly, the survey further revealed that 65% of those surveyed still believed in the myth of common law husband and wife and 40% didn’t know what would happen to their assets if they were to separate. 23% of those who had recently separated felt that their settlement was unfair because it didn’t recognise their financial contribution and 30% didn’t feel it recognised their contribution to looking after the home and family. The results from this research have spurred Shoosmiths family law team to launch their 2Unify service, offering legal expertise on nuptial and cohabitation agreements alongside relationship..

When a married couple first decides to separate, they often have several decisions to make: Should I be considering divorce? Is it too soon? Should I go and see a solicitor yet? Should we both remain in the family home? What shall we do about our finances in the meantime? The biggest dilemma many people face is the decision about how soon they should be starting the divorce process.   Should I commence the divorce straight away?  For some, the priority is to start the divorce process and tie up any loose ends with their partner at the earliest opportunity, to enable them to move on with their lives. Currently, the only grounds on which a divorce can be obtained when you have been separated for less than two years, is if the divorce petition is based on your spouse having a) committed adultery, or b) behaved in such a way..

Following a public consultation where Family Justice Professionals and those with direct experience of the divorce system voiced their support for reform, it was decided that new divorce legislation would be introduced in an attempt to minimise conflict between separating spouses.  The current legislation encourages parties to become entrenched in their respective arguments about whose fault it is that the marriage broke down, which can make it more difficult for financial arrangements to be agreed. This in turn is more likely to have a damaging effect on the future relationship of separated couples who have children to co-parent.  At the moment there is only one ground for divorce, and that is the ‘irretrievable breakdown of the marriage’. To satisfy the Court that the marriage has broken down irretrievably, the person who starts the divorce proceedings (the petitioner) must prove one of the following five facts:-  That the respondent has committed..