An executor to whom power is reserved, such as B, will not be involved in the application for the original grant, but they can still apply for a grant of double probate in the future under Rule 27 of the Non-Contentious Probate Rules, SI 1987/2024. A’s death will cause the original grant of probate

The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 7.5(1)(l) provides that where the ground for winding up a company is that it is unable to pay its debts (under section 122(1)(f) or 221(5)(b) of the Insolvency Act 1986 (IA 1986)) and a statutory demand has been served on the company, the

The Non-Contentious Probate Rules 1987, SI 1987/2024, r 65 states: ‘65 Appeals from [district judges or] registrars (1) An appeal against a decision or requirement of a [district judge or] registrar shall be made by summons to a judge. (2) If, in the case of an

Section 9 of the Wills Act 1837 (WA 1837) provides that a Will is not valid unless it is in writing and signed by the testator, the testator intended by his signature to give effect to the Will, and that the signature is made or acknowledged in the presence of two or more witnesses who are present at the same time. In addition each witness must either attest and sign the will, or acknowledge his signature in the presence of the testator. See Practice Note: Validity of Wills—signature. There have been numerous cases relating to the form of signature that a testator must affix to a Will, and the courts have shown significant flexibility in this regard. For example in Re Jenkins the testator had become infirm and was not able to sign

Typically, a witness summary is used where a party is required, but unable, to serve a witness statement for use at trial. In particular, CPR 32.9 provides: ‘1) A party who – (a) is required to serve a witness statement for use at trial; but (b) is unable to obtain one, may apply, without notice, for permission to serve a witness summary instead.’ (Emphasis added) The wording of CPR 32.9 suggests, therefore, that a witness summary is used as a substitute for a witness

Typically, a witness summary is used where a party is required, but unable, to serve a witness statement for use at trial. In particular, CPR 32.9 provides: ‘1) A party who— (a) is required to serve a witness statement for use at trial; but (b) is unable to obtain one, may apply, without notice, for permission to serve a witness summary instead.’ (Emphasis added). The wording of CPR 32.9 suggests, therefore, that a witness summary is used as a substitute for a witness

Section 42 of the Human Fertilisation and Embryology Act 2008 (HFEA 2008) provides that where at the time of the placing in her of the embryo, or the sperm and eggs, or of her artificial insemination, a woman was a party to a marriage or a civil partnership with another woman, then, subject to the provisions of HFEA 2008, s 45(2), (3) and (4) (which relate to presumptions as to legitimacy), the other party to the marriage or civil partnership is to be treated as a parent of the child unless it is shown that she did not consent to the placing

The acquisition of a name commences with birth registration which requires, pursuant to the Registration of Births and Deaths Regulations 1987, SI 1987/2088, reg 9(3) that the surname to be entered on a child’s birth certificate shall be the surname by which, at the date of the registration of the birth, it is intended that the child shall be known. This reflects the longstanding common law position that a person’s name is the name by which they are known. In the case of Dancer v Dancer, Ormerod J recognised that a person’s ‘true name’ is the name of baptism ‘unless they have been overridden by the use of

There is no legal requirement for a woman who remains married to obtain the consent of her husband to undergo in vitro fertilisation (IVF) treatment, provided that she is not seeking to use her husband’s sperm or frozen embryos of the couple, in which circumstances complex legal issues arise. Where the woman wishes to proceed with IVF treatment using donor sperm, those issues of consent do not arise, and the Human Fertilisation and Embryology Act 2008 (HFEA 2008) does not require the consent of both the wife and the husband in such circumstances. HFEA 2008 provides, among other things, a framework as to the legal parenthood of a child

This question involves consideration of: • the law requiring employers to offer suitable available employment to any woman made redundant while on maternity leave, and • the law relating to trial periods for alternative jobs offered following redundancy • unfair dismissal law Redundancy during maternity leave—automatic unfairness Where a woman on maternity leave is potentially redundant, any ensuing dismissal will be automatically unfair unless: • the employer first establishes that it was not practicable by reason of redundancy to continue to employ her under her existing contract of employment, ie that it was necessary to implement the redundancy during the period of maternity leave, and • the employer then offers her any suitable available vacancy; it will not be enough merely to invite her to apply for a vacancy The offer of suitable available employment must: • be made before the end of the employee's employment under her existing contract, and • take

This Q&A considers the situation where: • an employee is the victim of discriminatory comments made by a fellow worker • the employer’s subsequent handling of the incident is, for one or more reasons, unsatisfactory to the employee, and • the employee then resigns in response to the way in which the employer handled the incident The extent to which the employer’s poor handling of the incident may justify the employee in, then claiming constructive dismissal will depend on the facts of the case. Certain factors may be relevant, such as: • whether the employee told the employer about the discriminatory comments before resigning (if that did not occur, the employer may not have had a chance to respond properly) • the extent to which the employer has in place formal procedures to deal with: ◦ misconduct (see Practice Note: Managing conduct and Precedent: Code of conduct and disciplinary and dismissal procedure) ◦ harassment and bullying (see

When addressing this question, it will be relevant to consider: • current public health guidance • the nature of the duty to make reasonable adjustments • what adjustments are required • the question of furlough as a reasonable adjustment Public health guidance for clinically extremely vulnerable individuals to shield during the coronavirus pandemic Under the national lockdown restrictions that apply in England from 5 November–2 December 2020, individuals who have been identified as clinically extremely vulnerable have been strongly advised to shield, ie: • to work from home, and • if they cannot work from home, not to attend work while the lockdown restrictions are in place Those who cannot work from home may, subject to eligibility, be able to claim Statutory