LATEST NEWS

Building work on private homes is very often carried out on an informal basis without clear contractual terms in place. However, one High Court case vividly shows that such an approach can create uncertainty and fertile ground for costly dispute. Such difficulties are best avoided by entering into a formal contract for any substantial amount of work to be done. A couple instructed a building firm to carry out various renovation and improvement works on their home. A disagreement arose as to the sums due to the firm and it...

Building work on private homes is very often carried out on an informal basis without clear contractual terms in place. However, one High Court case vividly shows that such an approach can create uncertainty and fertile ground for costly dispute. Such difficulties are best avoided by entering into a formal contract for any substantial amount of work to be done. A couple instructed a building firm to carry out various renovation and improvement works on their home. A disagreement arose as to the sums due to the firm and it...

Beneficiaries are frequently unsatisfied with the actions (or often, the lack of action) of the executors of estates or administrators of family trusts, and the animosities that can arise are compounded if the beneficiaries feel they are being kept in the dark as regards the administration of the trust or estate. Where a discretionary trust is set up, the trustees have the right to administer the assets of the trust in a discretionary fashion, which can lead to claims of unfairness and bias from those who feel that they are...

Many wills involve a degree of planning for Inheritance Tax (IHT) as well as just the appropriate division of the estate, but for any plan to be effective, it is essential that when the will is drafted, the solicitor has full knowledge of all the assets involved, which can include financial products or plans set up years prior to the drafting of the will. The dangers of making a will on the basis of less than full knowledge were clearly illustrated in a recent case in which a will was...