Private Client Update Newsletter - Summer 2010

   
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Private Client Legal Update - Summer 2010
In this issue:
HIPs to be Abolished
New Scheme for Road Traffic Accident Claims
30-Year-Old Objection Prevents Public Right of Way
Cohabiting After Divorce Affects Maintenance Payments
Sons Overturn Father's Will Where Mental State in Doubt
 
 

Welcome to the summer edition of our newsletter, keeping you and your family up to date courtesy of a quarterly round up of news from the legal world and topical, useful advice.

Time to move?
The suspension of Home Information Packs (HIPs), just one of the changes introduced by our new Government and something you can read about on our website, has had an immediate effect on the property market with the volume of homes being put up for sale increasing to levels not seen for almost two years. Will the fact you don't need to stump up for a HIP encourage you to test the water and put your house on the market now there is no upfront cost other than the more modestly priced Energy Efficiency Certificate? With house prices increasing and fixed term mortgage rates at an all time low, now could be an excellent time to consider selling if it's something that's been on the cards for a while. Contact us for moving advice and a quote for your conveyancing requirements.

The subject of Wills always tends to make our newsletter, and this time around there is no exception. It’s an important subject and so we’ll issue another subtle reminder to make sure yours is up to date. If you are in doubt about any part if it, it’s well worth talking to us. One of our news stories, summarised below, involves a will being overturned on the grounds of mental incapacity, a subject that also raises the issue of Lasting Powers of Attorney. Do you have one in place to ensure your affairs are dealt with as you wish should you suddenly find yourself unable to take care of them yourself? If not, get in touch for advice.

Continuing on the subject of wills, did you know that there are exceptions to the rule that a will has to be in writing to be valid? One exception is that a sailor can make a valid will orally when at sea and there is a story on our website on the subject which makes for interesting reading.

We would like your help!
Would you mind doing us a favour? We are always interested in raising the profile of the firm and we are currently asking all clients to post a review of the firm on Google Local. This is becoming and important place for people to find a solicitor and we would like make sure that when people look for us there, they can find some reviews of the firm. All you need to do is visit Google Local and part way down the page is a link saying "Write a review". Thanks in advance if you feel able to help.

Have a good summer; and on a final note, don’t forget to check your travel insurance policy to make sure you have the cover you need – and thought you had.

Although we have become used to the Government announcing initiatives which never see the light of day (or announcing them as new initiatives months or years later), the news that Home Information Packs (HIPs) have been scrapped by the new Government will...

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Car accidentA 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 process.

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Private PropertyAn 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 inspector decided should be designated a public right of way. The title to the land was not registered and the ownership of the path was not certain, but the current owner of the estate claimed ownership.

 

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Co-HabitationA 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 Court of Appeal that the payment should be recalculated, after a private detective produced evidence that his ex-wife had set up house with another man and was expecting his child.

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Last Will A recent case, involving a bitter dispute amongst a Norfolk farming family, has shown that a will may not be upheld by the courts if there are serious doubts about the testamentary capacity of the person who made it. In the case concerned, the two sons of the deceased persuaded the court to overturn their late father’s will on the ground that he was mentally incapable when he created it.

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