An appeal after the original district judges decision raised an interesting point with regard to two sections of the Trusts of Land and Appointment of Trustees Act 1996 (“TOLATA”). Namely, s15(3) and s14
The 2021 Inheritance (Provision for Family and dependants) Act 1975 (the ‘Act’) claim of Miles & Anor -v- Shearer highlighted the difference between claims made by a spouse and a claim made by wider potential beneficiaries.
An Enduring Power of Attorney (EPA) was the precursor to a Lasting Power of Attorney ('LPA'). LPAs were introduced in 2007 as it was felt safeguards were required to stop financial abuse of those who required an attorney (‘Donors’).
The recent case of Biria v Biria addressed the main issues that can be raised when disputing a will. Namely mental capacity, undue influence and “fraudulent calumny”.
Year on year the number of disputed estates that end up in the court room has increased massively and this fast moving area of law does not appear to be slowing at any point soon.
Securing the right legal representation is a critical decision that can significantly influence the outcome of a personal injury claim; the expertise and approach of your personal injury lawyer can be the difference between a successful and unsuccessful claim.
The Supreme Court, in its recent judgment in the conjoined cases of Paul, Polmear and Purchase and another v Royal Wolverhampton NHS Trust [2024] have now clarified this position.