Establishing fraudulent calumny – has the mind of the testator been ‘poisoned’?
There are a number of grounds upon which a person might seek to a challenge the will of a loved one. They include circumstances where the specific formalities required when creating a will are not adhered to, or where the person making the will did not have the necessary mental capacity. It might be that the person making the will did not understand or approve its contents or that they were subject to some form of undue influence by another party. One of the less common grounds potentially available to someone wishing to challenge a will is that of fraudulent calumny.
CPD for solicitors during the pandemic
When the UK began its first national lockdown in March last year, it is fair to say for many law firms continuing professional development (CPD) was not a priority.
Personal insolvency verses matrimonial law
It is fair to say that there has, for many years, been a “difference of opinion” between the law governing personal insolvency and matrimonial law with each “side” believing that they are right and should take precedence. The principal, sometimes conflicting, legislation is covered in the Insolvency Act 1986 and the Matrimonial Causes Act 1973. However, the differing courts can and will give wide discretion when determining whether and how a married couple’s assets are to be divided.
Family courts meet the Covid challenge
While the criminal courts in particular have struggled to cope with the impact of the pandemic, the family system seems to have fared somewhat better.
Lost wills: What to do when the original will cannot be found
Personal representatives tasked with dealing with a deceased person’s affairs are often faced with a number of challenges, both legal and practical. Sometimes these challenges can be complex and involve dealing with contested wills.
