The Order of Inheritance
I am often asked what happens to a Deceased’s estate if they die without making a Will. This is called dying ‘intestate’. The order of inheritance of an estate where the deceased has died intestate…
How does the Family Court assess Spousal Maintenance?
Clients in divorce matters, family solicitors and readers of this article will know well that matrimonial law in England and Wales is more of an art than a science, with judges accorded a such…
Speculating on Future Trusts Interests – C v C
The decision of Mr. Justice Munby in C v C ([2009] EWHC 1491) on 25 June 2009 demonstrates a distinct lack of judicial enthusiasm to deal with trusts and their assets in the context of matrimonial…
Taking Your Spouse’s Documents – Seek Help Before You Help Yourself
A quick resume of the Court of Appeal decision in Imerman v Imerman on 29th July 2010, reported at [2010] EWCA Civ 908. The Master of the Rolls Lord Neuberger gave judgment with two other Lord…
A Guide to Trusts from a Family Law Perspective
Trusts are becoming more and more of an issue for family courts, especially with the ‘yardstick of equality’ guidelines rather than the needs-based guidelines, and anecdotally we hear from the family…
Expert Witnesses in Children Proceedings – An Update
On 24 May 2012 the Minister for Justice Jonathan Djanogly, announced: "We are introducing early changes to the court rules through secondary legislation. The main elements are raising the threshold…
A bad week for CMEC
A BAD WEEK FOR CMEC It has been reported that the Comptroller and Auditor General, who deals with the accounts of government agencies and quangos, has been unable to…
Shared Custody of Children; a Rethink & Some Tips
Shared custody or equal time parenting is a hot topic in England at the moment with the announcement in the Queen’s speech last week that the Government will be bringing out a new Children…
Claims under the Inheritance (Provision for Family and Dependants) Act 1975
Claims under the Inheritance (Provision for Family and Dependants) Act 1975 In England we are free to leave our property by Will to whomsoever we choose. There are no rules here…
Government U-Turn on Expert Witnesses in Children Proceedings
In a rather amazing u-turn, I read today in The Times that the government finally accepts the need to reform the use of expert witnesses in care proceedings. In a previous blog…
