Covenant prevents couple building new house in their garden
October 28th 2021A couple have been prevented from building a new home in their garden because of a covenant dating back 60 years. Stephanie Johnson Senior Associate Solicitor reports on this recent case. Covenants are promises or conditions often inserted into title deeds that affect or limit how a property can be used. They are legally binding on whoever later buys the property unless overturned by a court. The couple in this case…
Solicitor lands dream job after fitting seven years of studies around raising three children
October 15th 2021When Selina Gonzalez became pregnant at the age of 17, her aspirations of becoming a solicitor were put on ice. But a determined Selina, now 38, didn’t give up on her dreams and has juggled seven years of studying law with raising three children to realise her ambition of being admitted to the Roll of Solicitors of England and Wales. Landing her dream job working as a Dispute Resolution solicitor…
Court outlines tests for delusional mindset when making a Will
July 21st 2021The High Court has outlined some tests for mental capacity and whether a person may have had delusional beliefs when making a Will. Peter Stafford Managing Director reports on this recent case. The issue arose following a family dispute involving a brother and sister. Their parents had divorced in 1980 when their mother discovered letters written by her husband which revealed that he had sexually abused his daughter, the sister in…
Adult brothers not entitled to further money under father’s will
July 14th 2021Two adult brothers have failed in their attempt to be given a share of their deceased father’s estate after being left out of his will. Rebecca Armstrong Associate Solicitor reports on this recent case. The High Court ruled that it was clear that the father had made provision for them while he was alive and did not want them to receive anything further. The brothers were aged 40 and 39. Their…
Protection against evictions and winding-up petitions extended
July 8th 2021The government is extending protection against evictions and winding-up petitions for businesses that are still struggling because of Covid-19. Natalie Tatton, Solicitor provides an update. Legislation will be introduced to ringfence outstanding unpaid rent that has built up when a business has had to remain closed during the pandemic. Landlords are expected to make allowances for the ringfenced rent arrears from these specific periods of closure due to the pandemic…
Children entitled to a share of father’s estate despite estrangement
June 16th 2021Two teenage brothers have been granted a share of their father’s estate even though they were estranged from him and had been excluded from his will. Rebecca Armstrong Associate Solicitor reports on this recent case. The two boys, referred to only as J and H in court, who were aged 16 and 15 respectively at the date of their father’s death in 2018. Their parents had divorced in 2012. The…
Court outlines the meaning of ‘deathbed gifts’ in inheritance cases
June 1st 2021The High Court has provided some useful guidelines on what is required for a person’s statements to be legally classed as ‘deathbed gifts’ in inheritance cases. The court was asked to determine the proper distribution of the estate of a married couple. The wife died in January 2019 of cancer and the husband died of a heart attack shortly after in May 2019. The couple had each executed a will…
Court settles siblings’ dispute over their mother’s will
May 28th 2021The High Court has refused to allow a man to remortgage his deceased mother’s house after her three other children disputed the validity of a purported will and where there was reason to believe that she had been subjected to undue influence. Rebecca Armstrong Associate Solicitor reports on this recent case. The property was a five-bedroom house in south London in which the mother had lived since her divorce in…
Leaseholders not liable for cost of repairing structural defects
May 17th 2021The Court of Appeal has ruled that a group of leaseholders were not responsible for the cost of repairs if those repairs also made good fundamental structural defects in their properties. Natalie Tatton Solicitor reports on this recent case. The leases related to flats situated in a large block constructed in 1957. They were for 125-year terms and were originally granted under the right to buy provisions in the Housing…
Landlord entitled to unpaid rent despite tenant’s Covid defence
May 4th 2021A commercial landlord has won a dispute over unpaid rent of more than £166,000 despite the tenant citing Covid-19 as the reason for its failure to pay. Stephanie Johnson Senior Associate Solicitor reports on this recent case. The case involved Commerz Real Investmentgesellschaft MBH and TFS Stores Ltd. Commerz was the leasehold owner of the Westfield Shopping Centre. TFS was the tenant of one of the units in the centre…
