An executor who stole more than £80,000 from the estate of a client faces a jail sentence for his crime. The man, who operated as a ‘will writer’, also faces a confiscation order against his assets. Much of the money was used to finance a...

In a case now before the courts, the Financial Services Authority (FSA), which is currently responsible for regulating the financial services industry in the UK, claimed that three men had unlawfully taken deposits from acquaintances, with a view to making...

An easement is a right over someone else’s land, such as a right of way. Once granted, rights of easement are frequently forgotten about, but a recent case shows the importance of making sure that an easement does not lapse through disuse. It...

The argument put forward by a farmer that he should retain the family farm after his divorce, because it had been in his family for generations and his wife was aware that it was the family tradition for it to be handed down from generation to generation,...

A recent case illustrates that HM Revenue and Customs (HMRC) will often vigorously challenge potentially low asset valuations for Inheritance Tax (IHT) purposes. HMRC disputed the probate value of a property, which had been valued by two different valuers...

Following a series of cases involving unqualified will writers, the Office of Fair Trading (OFT) has announced that it has approved a Code of Practice which will apply to members of the Institute of Professional Will Writers (IPW). The code of practice will...

Following her conviction for fraud and money laundering, after faking her husband’s death in 2002, Anne Darwin has agreed to pay more than £591,000 under the Proceeds of Crime Act 2002 . Mrs Darwin’s husband, John, was thought to have...

Those who buy new homes 'off plan' now have significant new protection under the Consumer Code for Home Builders , which came into affect on 1 April 2010. The Code requires builders of houses to keep buyers informed of the progress of the construction...

The penalties for failure to pay child maintenance, which can be severe, are not affected by the statute of limitations that normally applies to debts. A father who had failed to pay maintenance for several years recently found himself subject to a...

What You Need to Know The Charities Act 2006 was introduced to make life simpler for trustees, to provide more safeguards for them and to bring the definition of ‘charity’ up to date. The Act defines a charity as a ‘body or trust...

When an estate containing assets such as property or unquoted shares is to be distributed amongst several beneficiaries, there is potential for dispute over the valuations of assets. A case which is now starting to occupy court time illustrates this point....

If you are facing the possibility of having to fund care home fees or are concerned about there being an Inheritance Tax (IHT) liability when you die, it may be tempting to think about gifting your house to your children, so that when the day comes, it is...

A new scheme for road traffic accident (RTA) claims, designed to speed up the process of settling claims,  has come into effect. It covers low-value RTA claims (those between £1,000 and £10,000) and is a dramatic change to the legal...

An owner of an estate was recently successful in preventing the creation of a public right of way, thanks to a previous owner who had disputed a planning enquiry nearly 30 years previously. The dispute involved a pathway which a local planning...

Divorce is rarely a simple process: the financial negotiations can be time-consuming and difficult, particularly if business interests form a substantial part of a couple's wealth. There are certain problems which are particularly relevant to...

One of the more contentious issues in the administration of estates arises when the deceased had remarried, leaving ‘old’ and ‘new’ families, which often take different views about how the estate should be divided. The High Court...

Smokers may not realise that, in addition to the health risks associated with smoking, their habit could lead to them receiving a lower award for damages if they make a personal injury claim relating to diseases affecting the lungs (e.g. as a...

Five men have been imprisoned for participating in a sophisticated investment scam which preyed on expatriate investors. The Serious Fraud Office is also seeking to confiscate the fraudsters' assets, in order...

A recent case in the Court of Appeal illustrates how disputes can arise between neighbours as a result of ambiguous drafting of legal documents. In this case, the dispute concerned the owners of neighbouring properties that had originally been one parcel...

A recent case illustrates that cohabiting with someone else after a divorce may affect any maintenance payments received. In the case, a man who had been ordered to pay his wife £125,000 a year in maintenance succeeded in persuading the...

A case which was recently heard in the United States could have ramifications for manufacturers and suppliers of MP3 players and similar equipment. The case was brought against Apple, maker of the iPod, by users who had suffered deafness. The claimants...

Although a trustee is personally responsible for the actions they take, the law is not so harsh as to prevent a trustee who makes an innocent mistake from rectifying it. In a  recent case , a ‘receiver’ for a mentally impaired man (her...

Those who invest in the shares of private companies have generally been able to reassure themselves that, should the worst happen and the shares become worthless, they can at least make a 'negligible value' claim. This leads to the shares being treated...

If landowners allow other people to use their land over a long period, they may lose the right to prevent such use in the future.  An 'easement'  (the right of use over someone else’s property) is created when use of...

Radical changes to the civil litigation system are imminent, following the publication of Lord Justice Jackson's final report outlining proposed changes to the current system, which is considered to impose excessive costs on losing parties. Among the...