Signature On Will Was a Clever Forgery, Rules Court

In resolving a bitter family dispute, the High Court had no hesitation in finding that the signature on a woman’s purported last will was a clever forgery designed to cheat a favoured relative of his rightful inheritance. The will was said to have been signed in Mumbai three years before the woman’s death in England. […]

Court of Appeal Issues Guidance on Child Cases

A recent decision of the Court of Appeal has emphasised the importance of the provision of good quality, relevant evidence in cases involving children. The case concerned a council’s decision to place two children up for adoption against their mother’s wishes. In such cases, the stakes are high as the future of the child, as […]

Tenancies Can Be Worthless If Mortgage Lender Not Informed

A lease may not be worth the paper it is written on if the landlord’s mortgage lender does not consent to the tenancy. A recent ruling by the Court of Appeal opened the way for the eviction of a mother and her two children after it found that they had no more rights than common […]

Architect Liable for Contractor’s Errors

A couple who engaged a contractor to carry out work on their house have succeeded in their claim against the architect in respect of the cost of putting right defects in the contractor’s work. The couple bought a five-storey house in Putney in June 2005. Before moving in, they wished to make changes to the […]

Family Feud Fails to Dislodge Bargain

When an academic who had retired to Cornwall bequeathed the bulk of his estate to charity, the will was opposed by his nephew. The man, a widower, had realised that he needed help and could no longer live alone after a lawnmower disappeared from an outbuilding on his land. As a solution to the problem, […]

Judicial Support Given for Cohabitation Law in England and Wales

In 2011, there were nearly three million unmarried cohabiting couples, with or without children, in the United Kingdom. Many of these may not be aware that if their relationship were to end, their legal position would be very different, depending on whether the couple lived in Scotland or in England and Wales. Many people wrongly […]

Ownership of Property Depends on Intention

Property can be owned in joint names as joint tenants, which means that each co-owner owns an undivided share in the whole property (and would therefore be the sole owner on the death of any co-owners), or as tenants in common, where each co-owner has a specified share in the property that is not necessarily […]

Unfair Post-Nuptial Agreement Set Aside by Court

A Russian ‘serial non-discloser’ of assets said to be worth millions of pounds had his attempt to bind his ex-wife to the terms of their post-nuptial agreement dashed recently in the family court. The agreement was entered into in Israel after ten years of marriage. Mr Justice Mostyn ruled that although the man’s ex-wife would […]