Blog

  • Unhappy wife “must remain married” to her husband

    Published by Will Mercer (25 July 2018)

    The Supreme Court (the highest Court in England and Wales) has today given judgment on the appeal of a wife to previous decisions of the Courts in relation to her divorce. 

  • Justin” time for the World Cup Semi-finals

    Published by Olive McCarthy (10 July 2018)

    Justin Bieber and Hailey Baldwin are engaged! Both independent wealthy, will they protect their wealth before marriage? It is usual for such high profile people in the USA to have a pre- nuptial agreement/pre-marital agreement. Whilst such agreements are not currently legal binding in the UK, if entered into properly, significant weight will be attached to their existence by the English Courts. As a result, properly documenting your intentions in such an agreement, not to share; previous inheritance, gifts or assets independently acquired outside the relationship with your future spouse, is the best protection. Without it, all assets are vulnerable in any later settlement on divorce. Now more than ever such agreements are not just for the rich and famous.

  • The “Payne” of separation

    Published by Olive McCarthy (02 July 2018)

    Many unmarried couples think that having lived together for years they are on a par with married couples and will be entitled to be supported once they split if they are the financially weaker party or parent with care of the children. The myth of the “common law” husband and wife is just that a myth. Unless you are married, there is no right to maintenance other that child maintenance and often unmarried parties find themselves in a dire financial situation. This of course is not an issue for Cheryl and Liam as both are thought to be independently wealthy but if you find yourself in such a situation, you will need legal advice to navigate you through the various options that exist. Our specialist experienced family lawyers at Taylor Walton can advise on alternatives to Court such as Mediation, Collaborative Law and Family Arbitration in addition to the traditional solicitor negotiations and Court avenues.

  • Just announced – a heterosexual couple have won their claim to have a civil partnership!

    Published by Olive McCarthy (27 June 2018)

    The supreme Court unanimously ruled in favour of a couple who fought for the right to have a Civil Partnership instead of getting married in order to have the same rights in relation inheritance, tax and pensions. The couple have been together since 2010 and have two children and wanted a Civil Partnership, something only previously afforded to same sex couples as they did not want to explore marriage. The judgement does not automatically change the law but it is thought that pressure will be applied to see the necessary changes.

  • Power of Attorney Fee Refund Scheme

    Published by Hannah Borner (19 February 2018)

    Did you register an Enduring Power of Attorney or a Lasting Power of Attorney (EPA or LPA) between 1 April 2013 to 31 March 2017? If so, you may be entitled to a partial refund on the registration fee of up to £54 per document registered (see here for table of possible refunds).

  • Good News for Freeholders as Court of Appeal Uphold Decision Relating to Lease Extension Costs

    Published by Kevin MacDonald (26 January 2018)

    The recent decision of the Court of Appeal in Mundy v Trustees of the Sloane Stanley Estate [2018] EWCA Civ 35 unanimously reaffirmed the Upper Tribunal’s decision when calculating premiums in connection with statutory lease extensions under the Leasehold Reform Housing and Urban Development Act 1993.

  • The New Divorce Petition

    Published by Michael Howard (15 August 2017)

    The format of a divorce petition has altered considerably, with effect from 7 August.  Until the end of August, the Court will accept both the old and the new forms, but only the new form will be acceptable from Monday, 4 September.

  • Tribunal Fees deemed unlawful by Supreme Court

    Published by Heather Cowley (26 July 2017)

    The Supreme Court has delivered Judgment in a claim brought by Unison that the Tribunal Fees Order 2013 (Fees Order) - which introduced tribunal fees in July 2013 - is unlawful. The Supreme Court has held that they prevent access to justice.

  • Government plans to ban leasehold houses – How this affects you

    Published by Hannah Brassington (26 July 2017)

    Yesterday the Government unveiled their plans to ban the sale of new leasehold houses due to the ever increasing concerns of spiralling ground rents and unjust provisions. Selling houses as leasehold means that the Developer retains an interest in the land but allows the purchaser to use the property, subject to a number of provisions and the ongoing payment of ground rent, which often doubles as the lease continues.

  • Increase in probate fees scrapped ahead of the general election

    Published by Alison Voyce (21 April 2017)

    The controversial plans to increase probate fees from £155 or £215 to up to £20,000 for some estates in England and Wales from May 2017 has been scrapped ahead of the general election in June.

  • Court of Appeal divorce ruling will increase calls for a change in the law

    Published by Will Mercer (27 March 2017)

    The Judgement handed down by the Court of Appeal in the case of Owens v Owens last Friday has again prompted many in the family law profession to call for a change in divorce law.

  • A New Lease of Life for Testamentary Freedom?

    Published by Tracy Harris (20 March 2017)

    On 15 March 2017, the Supreme Court handed down its Judgment in the long running case of Ilott v. The Blue Cross & Others. This case concerned the estate of the late Mrs Melita Jackson, who died in 2004 leaving the vast majority of her estate, worth a little under £500,000, to animal charities with whom she had no real connection in her lifetime.  Her adult daughter, Mrs Heather Ilott, who had been estranged from the deceased for some 26 years, was specifically excluded from benefitting.  The deceased signed Letters of Wishes in 1984 and 2002 explaining why she had made no provision for her daughter.  The evidence was that Mrs Ilott was aware that she was disinherited in her mother’s Will and she had lived independently of her mother, albeit in straitened financial circumstances.

  • What should be included in a Staff Handbook

    Published by Alec Colson (24 January 2017)

    Taylor Walton will be holding free employment law workshops at the end of February/ beginning of March in relation to what should be included in a staff handbook and its legal implications.