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LATEST NEWS

High Street Store Will Invalid, Rules Court

17th May, 2018 By Arman Khosravi

The dangers inherent in adopting a casual approach to one's will were starkly illustrated in a case that considered the validity of three 'templated' wills written by an elderly woman within a period of four years. The woman had three children and two brothers. One of her sons became her principal carer and lived with her whilst one of her brothers managed her finances. In 2008, she made a will of the kind sold at stationers. This left the bulk of her estate to her brother and appointed him as...

Judge Criticises Council and DWP for Usurping Attorney's Powers

16th May, 2018 By Arman Khosravi

When a person is not capable of looking after themselves, the Secretary of State has the power to appoint someone else to do so. A recent court case shows that failing to do so in a balanced way can have adverse consequences and saw a judge condemn the actions of the Department for Work and Pensions (DWP). Although the case dealt with the availability of benefits for an elderly woman, now deceased, it raised a significant side issue…the DWP's decision to make Birmingham City Council her 'social security appointee' when...

Supreme Court Supports Mother Who Changed Mind Over Return to Australia

14th May, 2018 By Arman Khosravi

Divorces where there is an international dimension often present specific issues, and a recent case involving a couple who had been living in Australia before they separated is no exception, leading ultimately to a hearing in the Supreme Court. The British mother of two was living with her husband in Australia. The marriage was in difficulties and in May 2015, while on maternity leave, she returned to the UK with their children for a visit. It was agreed between the couple that she should extend her stay for up to...

Flats Development 'No Pets' Policy Passes High Court Test

10th May, 2018 By Arman Khosravi

If your tenancy agreement contains a 'no pets' policy, the fact that your pet does not cause any issues for other tenants will not prevent your landlord from enforcing its removal. In a recent case, the High Court ruled that a couple had been lawfully forbidden from keeping a dog in their apartment. A covenant in the couple's 200-year lease forbade them from keeping dogs, cats, reptiles, birds or other animals on the premises without the written consent of the resident-owned company that managed the development. This is a relatively common...