Chafes Legal Blog

Fundamental Will Signing Error has Major Consequences

 

Rick Bunch
By Rick Bunch, Solicitor

The recent case of Hadley v Rawlings highlights the importance of having a carefully drafted and signed Will.

The case concerned Mr and Mrs Rawlings who had mirror Wills prepared by their solicitor in Kent in 1999, but both mistakenly signed the Wills meant for the other spouse. The mistake wasn’t noticed when the Wills were signed, or even following the first death ...

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Can I Remove My Child to a Foreign Country? Part Two

 

Anthony Jones
By Anthony Jones, Associate

In my first blog I mentioned the Payne principles which apply to cases where one parent is the primary carer of the children. In this blog I am going to deal with the situation where there is a shared care arrangement and the implication that that now has upon an application to remove a child from the jurisdiction.

The first question that may ...

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Can I Remove my Child to a Foreign Country? Part One

 

Anthony Jones
By Anthony Jones, Associate

If you are considering living abroad and taking your children with you or you are against such a move taking place then following a recent decision of Re K (Children) [2011] the factors/guidance that the Court takes into account will now differ depending upon whether or not the care of the children is shared. In this two part blog I will first ...

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Katherine Jenkins and Gethin Jones Announce Split – Should She Give the Ring Back?

 

Pete Littlewood
By Pete Littlewood, Partner

Can either of the unfortunate and unhappy couple get their engagement rings back?

Since 1 January 1971 the gift of an engagement ring is presumed to be an absolute gift. This presumption can be rebutted however, by proving that the ring was given on the condition that it should be returned if the marriage did not take place for any reason. ...

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Baker Street Legend’s Fiancée Battles Will in High Court

 

Rick Bunch
By Rick Bunch, Solicitor

Pop legend Gerry Rafferty’s fiancée has launched legal proceedings hoping to scoop a share of his £1.2million estate.

The Italian-born designer Enzina Fuschini is claiming a split of the estate from his daughter Martha Rafferty who was left the California home and contents, and his granddaughter Celia Rafferty who received the rest of his estate in trust. The trust interest will include all ...

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Interesting Tribunal Statistics for 2010/11

 

Alison Close
By Alison Close, Solicitor

HM Courts and Tribunals has recently published the employment tribunal statistics for 2010/2011. Whilst at first glance this may seem yawn inducing, they are more interesting than they sound; when broken down the numbers contain some useful information for employers about the amount of claims which are actually successful in Tribunal and the median claims for compensation. An employer should bear these ...

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Is it the Season to be Divorced?

 

Anthony Jones
By Anthony Jones, Solicitor

If you believe everything in the media it is. The beginning of January is often seen as the traditional time of year for married couples to get divorced. Many couples have delayed taking any action until after the Christmas and New Year festive period. There are many reasons for that but if your marriage cannot be salvaged during this period then what should ...

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Pay Less Inheritance Tax and Help Good Causes too!

 

Rick Bunch
By Rick Bunch, Solicitor

There will soon be a new inheritance tax (IHT) relief to encourage people to leave gifts to charity in their Wills. The proposal introduced in the 2011 budget reduces the rate of IHT from 40% to 36% for estates where at least 10% of the taxable estate is left to charity. HM Revenue & Customs (HMRC) intend that the new relief ...

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Consumer Credit Directive – The Right to Withdraw

 

Jonathan Hall

Article by Jonathan Hall, Solicitor

This piece also features in Motor Finance, December 2011

Background
‘Protect the consumer’ – a theme running throughout the consumer credit legislation and given even more emphasis in the Consumer Credit Directive introduced in February 2011. Over the years there has been an increase, albeit a steady one, on the requirements the finance industry has had to meet to achieve the Government’s vision of ...

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Fourth Time Lucky for Sinead O’Connor?

 

Michelle Simpson
By Michelle Simpson, Solicitor

Media reports have come in that Sinead O’Connor married her boyfriend of three months in a ceremony in Las Vegas on Thursday 8th December.

How can people marrying for a second or even third or fourth time protect the wealth that they may bring into that new marriage:-

• For any children they may have from their previous marriage or relationship
• From any claims that could ...

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