Pay Now Don’t Pay Later …

As a solicitor in the Dispute Resolution Department I often see families who have been torn apart fighting over a loved one’s estate, claiming “It’s what they would have wanted”. Without a properly drafted and executed will, no-one can confirm that. However, even if there is a will, often a family member or friend is Read More …

Preventing Pressure Sores*

Pressure Sore Ulcers: Prevention and treatment Here at Gregory Abrams Davidson Solicitors we have a specialist team dealing with pressure sores also commonly referred to as pressure ulcers and bed sores. Pressure sores can develop very quickly in some people if the person is unable to move for even a very short time; sometimes within an hour.  Read More …

“Miss the Boat” and you may need a 1883 case to save the day (Re Perrins, Perrins v Holland [2009])

It is to state the blindingly obvious that a testator must be mentally capable of making a will. The time for satisfying the test of capacity is the time of execution of the will. However, under the principle in Parker v Felgate (1883), it suffices if the testator had capacity at the time when he Read More …

A “Toothless” Will-Writing Code!

Solicitors have for a long time warned against the dangers and misconceived cost savings in Clients utilising the services of unregulated will writing companies run by non-qualified individuals. Even with a newly announced voluntary code of practise approved by the Office of Fair trading (OFT) for non-lawyer will writing companies, there is little to suggest Read More …

Revocation of a Will by subsequent Civil Partnership (or Marriage)

Section 18B [1] of the Wills Act 1837 contains new provisions with regard to the revocation of an existing Will by the formation of a Civil Partnership, in the same way that marriage automatically revokes an existing Will, UNLESS, in either Civil Partnership or Marriage cases:  It appears from the Will: That at the time Read More …

Insane delusions and poisoned affections?

Re Ritchie,Ritchie v Joslin [2009] The classic test for Testamentary Capacity was establish back in 1870 and has stood the test of time ever since! The principles laid down in Banks v Goodfellow [1870-71] state that the Testator (the deceased who made the Will): Must understand the nature of the act of making a Will Read More …