Personal Representatives v Beneficiaries; Home Improvements

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Where a Personal Representative (PR) is required to administer an Estate which includes a property in poor condition, can the PR make improvements to the property in the hope that a higher sale price can be achieved and does the PR need the consent of the beneficiaries to spend money to achieve this? PR's duties One of many duties of a PR is to ide...
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26 Hits

Rights Of Light And Development Of Land

Rights Of Light And Development Of Land
A right of light is the ability to enjoy the natural light that passes over land belonging to another, such as a neighbouring property, through the windows, sky lights and glass roofs in or on a property - often referred to as apertures. There is no automatic right to light but, if established, this right entitles a person to receive sufficient nat...
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51 Hits

Forfeiture of a Commercial Lease – Is It Right For Me?

Forfeiture of a Commercial Lease – Is It Right For Me?
If a tenant breaches the conditions of a commercial lease the landlord is entitled to take legal action against the tenant if the lease permits. Forfeiture is the ultimate remedy available – but which way? Peaceable re-entry or Court proceeding? ​Forfeiture meaning - What is forfeiture of a lease? Forfeiture is essentially the legal remedy whe...
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49 Hits

Holding the Seller and Buyer Each to Their Word – Exclusivity Agreements

Holding the Seller and Buyer Each to Their Word – Exclusivity Agreements
Have you tried to purchase a property and found yourself in a situation where you have been outbid or 'gazumped'? Or have you tried to sell a property, and found yourself in a situation where a purchaser pulls out during the transaction? The remedy to the above may be found in an exclusivity agreement between a seller and a buyer. Whilst this is no...
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73 Hits

Negotiating an executive severance package

Negotiating an executive severance package
If you need to part company with a director, for the good of the business, it may not be appropriate to follow your disciplinary procedure. Our Employment Law team look at your options. Alex Pearce, an employment law specialist at Pinney Talfourd in Essex, looks at the issues you should consider, especially if you need to achieve a quick exit with ...
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182 Hits

The A – Z of divorce and finances

The A – Z of Divorce and finances
A lternative Dispute Resolution – no one wants to go to court to have a Judge decide on the division of their assets.There are other options to court including negotiation, arbitration, collaborative and mediation B ury St Edmunds – this is our "local" divorce centre following the centralisation of the family courts.Last year Bury dealt with over 4...
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183 Hits

Funding for divorce, dissolution and financial remedy cases

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​Divorce and dissolution represent periods in people's lives when they face many fundamental changes.  The cost of that process is very often a factor that must be considered carefully at the outset, not least when the separation is difficult and does not involve agreement with the other spouse. There are a number of options available to a per...
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132 Hits

Lasting Powers of Attorney and health care decisions

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A Lasting Power of Attorney (LPA) is a legal document that enables a person to appoint someone (an Attorney) to help make decisions relating to a person's property and financial affairs in the event that person becomes unable make those decisions themselves due to loss of mental capacity. ​ Whilst many people are familiar with an LPA in relation to...
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155 Hits

Executors Responsibilities

Executors Responsibilities
Anyone who has made a Will knows that it needs to contain an appointment of at least one Executor.  The role of an Executor is to administer your Estate when you pass away, wind up your general affairs and ultimately distribute your estate to the people you have chosen to benefit.  Whilst this brief outline makes this role sound straightf...
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224 Hits

How can Settlement Agreements benefit an employer?

How can Settlement Agreements benefit an Employer?
Settlement agreements are more and more widely utilised when settling disputes or grievances between employers and their employees. Settlement agreements can also be used to end the employment relationship, or after the employment relationship has ended - either before or after proceedings have been issued. But how do settlement agreements act...
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  1074 Hits
1074 Hits

What can you do if an employee owes you money?

What can You do if an Employee Owes You Money?
An employee can owe their employer money for a number of reasons – for example, if an employee has taken more holiday than they are entitled to, or if they have borrowed money from their employer. Even in cases where an employee has damaged property or stock by carelessness, under the Employment Rights Act 1996 , an employer cannot recover the cost...
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948 Hits

In debt, indebted, or just want to know how to get your money?

In Debt, Indebted, or Just Want to Know How to Get Your Money?
A new Pre-Action Action Protocol for Debt Claims (the Debt Protocol) came into force on 1st October 2017. Subject to certain exceptions, the Protocol applies to any business, including sole traders and public bodies, claiming payment of a debt from an individual (including a sole trader).The Protocol does not apply though to business-to-business de...
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988 Hits

Minimum Energy Efficiency Standards and Commercial Property

Minimum Energy Efficiency Standards and Commercial Property
Energy used to power non-domestic buildings in the UK accounts for 12% of the country's carbon emissions. It represents one of many challenges our government faces if we are to meet our legally binding carbon targets in 2025 and 2030 under the Paris agreement or, further, the government's previously pledged (but not yet binding) target to reduce ou...
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328 Hits

Giving Gifts - a Guide for Deputies and Attorneys

Giving Gifts - a Guide for Deputies and Attorneys
The Office of the Public Guardian has recently published a revised practice note (PN7) that sets out further guidance for professional deputies and attorneys appointed under a registered Lasting Power of Attorney for property and financial affairs. The amended guidelines give advice on the regulations of giving gifts - we highlight the key measures...
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984 Hits

How to Contest a Will

How to Contest a Will
There is a misconception that a Will cannot be changed after a testator has died; this is not the case. Wills can be disputed and changed based on many grounds, including lack of testamentary capacity, undue influence or coercion, lack of knowledge and approval, and even forgery and fraud. We give a rundown of the possible reasons for disputing a W...
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455 Hits

Body and Burial Disputes - FAQs

Body and Burial Disputes - FAQs
Stress and upset following a death in the family can occasionally lead to a dispute on whether there should be a burial or cremation and even possibly where this should take place. Although a deceased's Will may indicate their wishes, where a deceased dies without a Will, there is a list of individuals who can take control of the deceased body. We ...
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1256 Hits

What is a Lasting Power of Attorney?

What is a Lasting Power of Attorney?
Have you considered who would make decisions on your behalf in the event that you were unable to because of loss of physical or mental capacity, either temporarily or in the long term? It is a common mistake to assume that your decision making will automatically pass to your next of kin. However, this is not always the case. We go through exactly w...
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  1031 Hits
1031 Hits

Birth Injury FAQs

Birth Injury FAQs
It is unfortunate that, in this day and age, birth injuries still occur. Sometimes they are temporary, and other times they are permanent and last a lifetime. Symptoms can vary from one individual to another; where one infant or mother may have mild symptoms, another with the same injury may record far worse symptoms. We run through the most freque...
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612 Hits

Unexplained Wealth Orders Explained

Unexplained Wealth Orders Explained
Unexplained wealth orders (UWOs) were introduced by Section 1 of the Criminal Finances Act 2017 and came in to effect on 31 January 2018. They were introduced as a mechanism to investigate and confiscate the proceeds of crime by using civil, rather than the traditional criminal powers available to investigate suspicious assets which are thought to ...
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663 Hits

Commercial Litigation FAQs - The Basics

Commercial Litigation FAQs - The Basics
Commercial litigation is considered to be a broad area of law, encompassing many types of disputes that relate to businesses and the issues that can arise within them. We run through the most frequently asked questions relating to commercial litigation, and when exactly to instruct expert legal support. Commercial litigation is an ever-expanding fi...
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857 Hits

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