Legal Updates

A Challenging Time to Make a Will

This month we are focusing on Wills, as sadly, this is an area where lawyers are finding their services very much in demand. There are challenges at the moment for Wills specialists as they struggle to ensure that the requirements of the Wills Act 1837 are properly met. It is not the first time there have been calls to reform the Wills Act, but it is unlikely that a quick solution will be found.

Can a Contract be Created by Email?

The law of contract has slowly been developing in line with changes in the way people enter into contracts and use technology to communicate. One recent example of these changes is how the law treats a contract made by email. Some have argued that an exchange of informal emails would not be enough to create a formal legal relationship, but they are sadly mistaken based on recent case law developments.

Whose File is it Anyway? Releasing a Client's Papers

On occasion, a solicitor’s firm may find itself in dispute with its own client. This can happen, say, in a case where there is a disagreement over the legal bill or when a client wishes to change advisors. In these types of situations, a firm may find a client demanding that “their” file be released but the firm is reluctant to do so immediately (particularly where a legal bill is in dispute).

Wills and Probate - Disputed Estates Back in the Limelight

The law in England and Wales dealing with wills dates back to Victorian times. The current rules are based on the Wills Act 1837, while the tests to see if someone has the capacity to make a will were set out in a case from 1870.

The Law Commission has been consulting on several proposals to reform the law on wills. It is expected to report soon on proposals to modernise the law, which include:

 

No-Fault Divorce Update

We last reported on the topic of no-fault divorce in October of last year following the sad case of Tini Owens. The case highlighted a longstanding problem with divorce law which forces parties to find blame if they want to guarantee that the court can give permission for a divorce.