Welcome to the Metcalfes blog, where you can keep up-to-date with the latest news and views on the law.
It has been in the pipeline for a while now but the Government has finally published its response to the consultation on the proposals to change fees for Grants of Probate.
The Court of Appeal decision in the case of Ilott v Mitson (2015) received a considerable amount of media coverage earlier this year. On the face of it, this Court ruling makes it easier for adult children to challenge a will if they don’t believe their parents have made a reasonable provision for them.
From 17th August 2015 major changes were introduced in the way that EU countries deal with succession and if you have any connection with another EU country, you need to be aware of them.
The practical amongst us will already have a will in place, but what you might not have taken into account is how you gift your digital assets. Nowadays, with technology playing such a big part in our lives, careful thought should be given as to how and indeed what, if any, of our digital assets can be inherited by our family and friends.
The new government-backed 'Choice Not Chance' campaign encourages us all to consider our wishes and plan for the future. Planning for the future not only brings peace of mind to the individual, but to their loved ones too.
On 22 October the law changed to help children whose parents are separating to be the focus of new arrangements. Separation and divorce is a difficult time for the whole family, but from now on, families will be helped to find the best way to get through this transition ensuring that their children are protected from conflict and are allowed to enjoy their childhood.
New Consumer Contracts Regulations will come into effect on 13 June 2014 and will apply to all business to consumer contracts which are distance, off-premises and on-premises contracts, made on or after the enforcement date.
Family businesses are an important part of Metcalfes' client base. There are many questions that family businesses need to consider – some are the same as non-family businesses, but many are particular to families.
The recent case of in the matter of Stephen John Edmondson sub nom (1) Simon Robert Thomas (2) Nicholas O’Reilly (Joint Trustees in Bankruptcy of Stephen John Edmondson) -v- Stephen John Edmondson (2014)  EWHC 1494 (Ch) makes the point that the Court has jurisdiction to grant an Income Payments Order (“IPO”) even when there has been an Income Payments Agreement (“IPA”) in place.
In a recent case, the unhappy members of an LLP in administration attempted to allege fraud by the administrators of the LLP and asked the Court to examine their conduct, with a view to obtaining an order that their fees be repaid to the LLP. The attempt failed on both counts.
The inevitable decline of any support for families undergoing separations or difficulties is continuing apace. The courts are inundated with litigants in person who are faced with representing themselves with little or no understanding of the law that they are hoping to invoke.