Legal News

Woman Who Stole Daughters' £50,000 Inheritance Imprisoned

A woman who stole her daughters' inheritance has been handed a prison sentence and ordered to pay back the money. The woman's mother passed away in 2013. The woman received an inheritance of about £40,000 from her mother's house, while £50,000...

Appeal Against Dismissal of Boundary Determination Fails

The Upper Tribunal (UT) has rejected a landowner's appeal against the dismissal of his application for the determination of a boundary between a strip of land he owned and the garden of a neighbouring house. He had originally owned a large house with...

Service Charge Reduction Set Aside on Appeal

A management company has successfully appealed against a service charge determination that resulted in a leaseholder's service charge demand being substantially reduced, on the basis that the First-tier Tribunal (FTT) had not properly explained its...

Law Commission Recommendations to Modernise Wills Law

The Law Commission has published a report, Modernising Wills Law, containing its recommendations to reform the law governing wills. The recommendations are aimed at supporting testamentary freedom, protecting testators, and increasing clarity and certainty...

Restrictive Covenant Was Personal to Original Vendor

The Upper Tribunal (UT) has ruled that a restrictive covenant which required the owners of land to obtain approval from the vendor before a house could be built on it was personal to the original vendor and did not benefit his successors in title. The land...

What Happens if Someone Dies Intestate?

Making a will not only ensures your assets will pass to those you wish to benefit but also simplifies the administration of your estate. However, recent research from the Money and Pensions Service shows that more than half of people in the UK aged 50-64,...

Company Denied Costs of Improvement Notice Appeal

The Upper Tribunal (UT) has declined to set aside a decision of the First-tier Tribunal (FTT) not to make an order for costs in favour of a company which successfully appealed against an improvement notice served on it by the local housing authority under...

Tenant's Challenge to Service Charges Partly Successful

Tenants who are unhappy with the service charges they are asked to pay can apply to the First-tier Tribunal (FTT) for a determination of their liability to pay service charges. Recently, a tenant who made such an application succeeded in achieving...

Deceased Man's Sons Granted Security for Costs in Estate Dispute

The courts have the power to order claimants to provide financial security to ensure that the defendants can recover their costs if the claim is unsuccessful. Recently, the sons of a deceased man sought security for costs from a woman from Thailand who...

Supreme Court Rules on Meaning of Adverse Possession Condition

A person who is in adverse possession of registered land may apply to the Land Registry to be registered as its owner on the basis of ten years' adverse possession of it, ending on the date of the application. If the application is opposed by the existing...

Landlord Granted Dispensation from Consultation Requirements

Under Section 20 of the Landlord and Tenant Act 1985 , where a landlord undertakes qualifying works with a cost of more than £250 per lease without consulting the leaseholders, the contribution from each leaseholder will be limited to that sum....

Partner Battles Estranged Wife for Share of TV Producer's Estate

A TV producer's partner who was left nothing in his will has commenced High Court proceedings seeking financial provision from his estate. The producer passed away in 2019, at the age of 58. He had been in a long-term relationship with his partner and had...

Appeal Against Penalty for Managing Unlicensed HMO Succeeds

The Upper Tribunal (UT) has upheld a landlord's appeal against a civil penalty imposed on him for managing an unlicensed house in multiple occupation (HMO). The property had five bedrooms which were let to individuals who did not form a single household....

Leaseholders of Flats Achieve Service Charge Refunds

It is always advisable to check the service charges you are asked to pay rather than simply assuming they are correct. This point was illustrated by a recent case in which four leaseholders obtained refunds of service charges relating to electricity costs...

High Court Rules Man Died Intestate in Missing Will Case

Many people put off making a will or have reservations about doing so, but having a professionally drafted will drawn up by a solicitor is the best way to avoid disputes arising after you are gone. This point was amply illustrated by an unusual High Court...
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