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LATEST NEWS

Will Execution – Remote Witnessing Legislation Expires

22nd February, 2024 By

A legal amendment that was made during the COVID-19 pandemic allowing the witnessing of wills to take place via videoconferencing has officially expired. As of 31 January 2024, the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 is no longer active. It was introduced in response to the pandemic, as a means of facilitating the valid execution of wills via remote witnessing. The Order applied to wills made between 31 January 2020 and 31 January 2022, but was later extended to 31 January 2024. Section 9 of the Wills Act...

Psychotherapy Condition Leads to Contact Order Appeal

20th February, 2024 By

Wherever possible, the courts will do what they can to support contact between parents and children but, in some instances, that contact comes with conditions attached. The nature of such conditions was the cause of contention in recent appeal proceedings brought by the father of two young boys. The man appealed against a High Court order that allowed for contact periods with his children, which would progress from supervised to unsupervised and increase in length but were dependent upon him engaging in psychotherapy. This condition had been imposed following a...

Beware of Builders Offering Cut-Price Work – Court of Appeal Cautionary Tale

16th February, 2024 By

Every householder should understand the dire risks involved in opening their doors to those promising to carry out cut-price building work. A Court of Appeal decision provided distressing examples of almost the worst that can happen. A householder approaching retirement age was taken in by a workman who knocked on his door, offering to paint the front of his home for £1,000. He was introduced to another man – the offender – whom the workman described as his business partner. The pair proceeded, over a period of months, to carry...

Should Original Wills Still be Stored in Paper Form? MoJ Consults Legal Profession

14th February, 2024 By

The Ministry of Justice (MoJ) has launched a consultation on the storage and retention of original will documents by HM Courts and Tribunals Service (HMCTS). The consultation is intended as a means to challenge the current system of will storage and look at ways of preserving original wills in a more economic and efficient manner, whilst still enabling the documents to be accessed and examined in the event of probate disputes. There is currently no limit to the length of time that courts can hold original, paper wills for. Many are...