The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:
There are two potential causes of action against the Will draftsman for a failure to provide advice on a claim under Inheritance (Provision for Family and Dependents) Act 1975 (I(PFD)A 1975):
by a disappointed beneficiary who, as a result of a successful claim brought by a claimant under I(PFD)A 1975, sees their entitlement under the testator’s Will reduced. This claim will fail for a lack of causation as it is the order of the court in the claim under I(PFD)A 1975 that will cause the loss to the disappointed ben
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Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
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