What is Mediation?

Legal Corner in The Post January 2019 What is Mediation? The term “mediation” broadly refers to any instance in which a third party helps others reach agreement. Mediation has a structure, timetable and dynamics that ordinary negotiation lacks. The process is private and confidential and participation is voluntary. A popular form of Alternative Dispute Resolution (ADR) Mediation is the most … Read More

When can a Will be challenged?

Legal clinic round up – November 2018 Every month Rebecca Weare and Beccy Bristow solicitors at Start Point Law hold free legal clinics in Kingsbridge and Dartmouth.  In November we spoke to a man who was concerned that a family member may challenge his will after he died. The man had three children and did not want one son to … Read More

Severing a joint tenancy

Legal clinic round up – August 2018 Every month we hold free legal clinics in Kingsbridge and Dartmouth.  Over the summer we helped lots of people with a variety of legal issues, including a couple who needed help with an issue with their landlord, several people with questions about wills, a man who was in dispute with his siblings over … Read More

Are you a common law spouse?

You may believe you are, afterall, it is a term frequently used to describe a couple in a long term relationship, usually living together.  Nevertheless, the correct answer is no.  Currently, in legal terms, there is no such thing.    That also means that unless you are married or in a civil partnership, living with your partner does not give … Read More

Proprietary Estoppel

On the 4 November 2016, The Daily Telegraph reported on a hostile legal battle that had been in progress for 5 years.   The sensational headline read:  “Widow, 91, faces eviction over legal fight with son over his father’s ‘inheritance promise’” The story was about a 91-year-old widow, Margaret Davies.  She fell out with her 70 year old son over … Read More

The Court of Protection

On the 14 October 2016, The Daily Telegraph reported: “Grandmother, 71, sent to top security jail after refusing council’s demands over care” The article contained details of a 71-year-old lady who was sent to a maximum security prison for six months by the Court of Protection.  The facts:  The lady and her brother were originally from Portugal.   Her brother … Read More

Inheritance Act Claims

On the 21 September 2016, The Times ran the following headline:  “George Martin’s children embroiled in war of words over will” Sir George Martin was the record producer who signed the Beatles.  The article contained details of the dispute that has arisen amongst his family over a portion of his Will.   Sir George Martin had been married twice and … Read More

Legal News October 2016 – Undue Influence

Edkins v Hopkins [2016] EWHC 2542 (Ch)  Short Note: Contesting influence  39 Essex Chambers November 18 2016 A recent case (Edkins v Hopkins [2016] EWHC 2542 (Ch), a decision of HHJ Jarman QC sitting as a judge of the High Court) illustrates just how hard it is to get a will overturned on the basis of undue influence. The deceased … Read More

Inheritance Disputes on the Increase

On the 24 September 2016, The Times featured an article with the following headline:  “House price boom produces surge in inheritance disputes” The article describes how court proceedings relating to disputes about Wills are increasing and analyses the factors that may be behind this increase including:  Rising property prices so that children have more to fight over;  High levels of … Read More

Inheritance Act Claims

On the 4 August 2016, The Times ran the following headline:  “Father’s work ethic at centre of will dispute” The newspaper was reporting details of an Inheritance Act claim being made by Danielle Ames, aged 41 for a share of her father’s £1 million estate.  Her father, Michael Ames, ran a successful double glazing business, Danielle was his only daughter.  … Read More