When a person executes a will they must have the mental capacity to do so. Where a will appears rational and has been duly executed, it is presumed that the testator had capacity unless somebody provides evidence to rebut this.

Sometimes you will receive a letter asking you to desist from using an image/form of wording because you have infringed someone’s copyright and it may be paired with legal undertakings. Or you may be told to pay a sum of money. Any such correspondence should be taken seriously and seeking legal advice as soon as possible will allow you to find the best way forward and protect your business from risk. 

A declaration of trust is a document that records how a property is owned and the terms on which a beneficial interest is held.

As promised in the King’s speech in July, this week has seen the publication of this Government’s proposals for reform of the residential rented sector. Much of the content of the new Renters’ Rights Bill is as expected; the introduction of a private rented sector ombudsman system, ‘Awaab’s Law’ to speed up repairs and a Decent Homes Standard for private sector properties etc. Undoubtedly, these fundamental changes to the sector will be the focus for many, and they are undoubtedly issues that landlords need to be aware of.

A discretionary trust is a trust set up by a person (the Settlor) with the intention of giving the appointed trustees the discretion to decide how to distribute their money or assets to named beneficiaries or an identifiable class of beneficiaries.

The Inheritance (Provision for Family and Dependants) Act 1975 provides a means by which a person can challenge the reasonableness of the terms of the will of the deceased or the effect of the intestacy rules.

If you are considering pursuing a claim against another party, or you are on the receiving end of a claim, you may not know where to turn or what to do next.

It is well known that a Company is considered its own legal entity. This means that the Company itself is treated as its own ‘person’ in the eyes of the law. This is unlike a sole trader or partnership, where the person(s) in charge of the business is the legal entity. Therefore, when a Company is dissolved, it may look as if this irreversibly concludes matters with that entity.

Anyone who has been keeping an eye on the progress (or lack thereof) of the proposed reform of the private rented sector will be aware that it stalled under the previous Conservative government. In today's Kings Speech we heard that progressing rental reform is something the new Labour government very much want to take forward and the preliminary indications are that this new Bill will be more than just a name change.

The Trusts of Land and Appointment of Trustees Act 1996 (‘TLATA’) gives the Court power to resolve disputes about ownership of a property, or land. These disputes commonly arise between cohabiting couples but may also be between friends and family members.

In a David and Goliath legal showdown, Dark Sky Brewery Ltd (‘DSB’) has emerged victorious in a trade mark battle against spirits giant Campari America LLC (‘Campari’) where the IPO confirmed that beer is not in fact vodka.

You have moved in with your partner who already owns their property and you both decide to complete renovations to your partner’s property at your expense. Unfortunately, things have not worked out and you have separated, and you have moved out.