We all know we should have a valid, updated will in place. It’s the only way to protect our loved ones’ interests after we are gone.

But life can be hectic, and contemplating our own mortality is a depressing exercise at the best of times, so it’s a task that can very easily drop down in our priority list and never quite reach the top. Until it’s too late. 

A tragic High Court case, in which a cruel twist of fate took a mother before her instruction to a bank to draw a proper will for her could be implemented, illustrates the danger of thinking “it can wait”. It can’t…

 


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September 2022 NEWSLETTER
Your Will Can’t Wait: The Tragic Case of a Mother Who Took Too Long

We all know we should have a valid, updated will in place. It’s the only way to protect our loved ones’ interests after we are gone.

But life can be hectic, and contemplating our own mortality is a depressing exercise at the best of times, so it’s a task that can very easily drop down in our priority list and never quite reach the top. Until it’s too late. 

A tragic High Court case, in which a cruel twist of fate took a mother before her instruction to a bank to draw a proper will for her could be implemented, illustrates the danger of thinking “it can wait”. It can’t…

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Owning Property Jointly – The Rewards, The Risks, and The Remedy
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Property can provide much more than just a roof over your head - it can also be an excellent investment for you, your family, and your business. But it’s becoming increasingly expensive, and for some first-time buyers the only way to bring it within reach is to pool resources and buy jointly with a friend or partner.

Joint ownership will also appeal to many couples and business partners as a practical way of sharing in a property’s costs and upside potential. But beware, it has its risks.

We discuss the two types of co-ownership and the risks inherent in any form of joint ownership before discussing how to lessen these risks in the context of a recent High Court fight between “romantic partners” who split up then came to blows over their 50/50 owned property. 
   
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Heigh Ho, Heigh Ho, It’s Off to Court We Go – But What are the Costs of Suing?
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Disputes are always best settled by negotiation and compromise, but there are times when you will have no alternative but to take your opponent to court.

And litigation, as we all know, can be an expensive business, so go into it with your eyes open! Understand what risks you run of having to pay the other side’s costs as well as your own if you lose, and of having to pay at least a proportion of your own costs even if you win.

We share some thoughts on the general principle “costs follow the result” and its limitations, then discuss the three categories of legal costs and what they will mean to you in practice. 
   
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It’s Not Simple to Sell a House in Execution (Even if a Trust Owns It)
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This article is important to you if you are about to lend money to (or do business with) someone who says “don’t worry, I’m good for it, I own a valuable house.” Or perhaps you have a claim against a recalcitrant debtor and have finally managed to take judgment so you can sell the debtor’s house. Maybe you, or a friend or relative, live in a house threatened with sale in execution. The “owned by a trust” angle (more on that in the article) could also be relevant to you if you are wondering whether to put a residential property into your own name or into a trust (or perhaps a company).

We discuss, with reference to a recent Supreme Court of Appeal decision, why taking judgment against a debtor doesn’t automatically clear you to sell it in execution. Even if the house is owned by a trust or a company.

 
   
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Website of the Month: Seven Steps to Becoming a Successful Landlord
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“Landlords grow rich in their sleep” (John Stuart Mill)

Earning passive income as a landlord is an attractive proposition which can generate substantial wealth, but before you rush into anything be sure to know exactly what you are doing. “From homeowner to landlord: how to make it work” on Tech4Law shares six important steps on ensuring that you get the most out of your new venture.

We’ll add a seventh (critical) step – the earlier on in the process you ask your lawyer for advice, the better. No one is better placed to explain the legalities, to make sure you have all the right paperwork, to help you maximise the benefits, and to protect you from the risks.

   
         
 

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Disclaimer

The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your professional adviser for specific and detailed advice.


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