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It is commonplace for one spouse to control the family finances and, while relations are amicable, this usually causes few issues. However, if the relationship falls apart and separation or divorce is in train, this is often no longer the case. When a spouse attempts to put pressure on their estranged partner by denying them access to funding to cover their legal fees, this can certainly be a problem, but as a recent case shows, the courts take a dim view of those who seek to deny legal representation to...

When a man's first wife died, he inherited her share of the property they had owned jointly. At the time, he was living with his third wife, and the couple remained together for a further 28 years until his death in 1990. He died without making a will and without taking any steps to transfer the legal interest in the property into his and his wife's joint names. Circumstances like this are ripe for a dispute to arise, and in this case the family ended up fighting it out in court. The...

A recent case may raise alarm bells for anyone thinking about adding a basement to a property which is divided. It involved a terraced house which was converted into two flats. The top two floors of the property were owned by the freeholder. The owner of the long lease of the ground floor flat, which also had a small cellar beneath it, wished to deepen the basement so it could be turned into habitable rooms. Planning permission was obtained for the conversion, but the freeholder opposed the development on the ground...

When people need to go into care, the local councils that end up supporting the care costs are well known for their doggedness in attempting to ensure that the person being cared for supplies as much of the funding as possible. This will often involve a review of how they managed their finances prior to their need for care and, in particular, whether they acted in a way that was intended to remove assets from their estate or control so that the council would pick up a greater proportion of...