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.
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.
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.
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.
It’s not uncommon for disagreements to arise between family members and loved ones over funeral arrangements, burial disputes or possession of ashes. So, who has the ultimate say and what can you do? Richard Adams, senior associate in the Contested Wills, Trusts and Estates team at Hugh James who has advised clients in a number of such cases, considers this delicate and sensitive issue.