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LATEST NEWS

Court Decides How Injured Child's Estate Should Be Distributed

11th April, 2019 By Arman Khosravi

It is not uncommon for children born with severe abnormalities or injuries to die in childhood. In a recent case, the Court of Protection was required to decide how to divide the estate of a child who died when the lump-sum compensation settlement for injuries he suffered at birth was still largely intact. The boy was born when his mother was 18. His injuries meant that he would need care and around-the-clock supervision for the whole of his life. His mother, whose own health was permanently damaged by the birth,...

When a Covenant May Be More Than it Seems

9th April, 2019 By Arman Khosravi

If you own or buy a property, you may find that there are covenants which apply to it, a covenant being a requirement to do something or refrain from doing something with your property. A covenant will benefit other property in the vicinity. Typically, a covenant may be something like refraining from developing or adding to a property or a prohibition from using it for specific purposes. Covenants are often included when a property is sold out of a larger land holding. It might appear that if you know what property...

Attorney Allowed to Take Over as Executor

5th April, 2019 By Arman Khosravi

It is commonplace for people to appoint siblings or friends as their executors. When they do and they are of a similar age, there is a risk that when the person who has made the will dies, the proposed executor will have predeceased them or lack the mental capacity to act as executor. Clearly, it is sensible to make a will which caters for this possibility. In a recent case, a will by which a man appointed his second wife and a niece as his executors led to questions that...

Sharing Principle – Court of Appeal Gives Guidance

3rd April, 2019 By Arman Khosravi

The application of the 'sharing principle' to big money divorces is more than a matter of simple mathematics, and what family judges aim to achieve is a broadly fair outcome for both sides. That was certainly so in one case in which the Court of Appeal refused to increase an ex-wife's £73 million award. The former couple had two children who had grown to adulthood during their 26-year marriage and, by the time of their divorce, their overall wealth was valued at £182 million. By far their largest asset was...