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How can I tell if the correct procedure was followed when the Will was executed?

There are a number of technical formalities which any testator must follow in order to execute a valid Will.  These include:

  • The Will must be signed by the testator, in the presence of two other witnesses and then be signed by those witnesses, in the presence of the person making the Will after the testator themselves has signed the document.
  • The person making the Will must be over 18 years of age and have mental capacity.
  • The person must make the Will voluntarily without undue influence and must know and understand what the Will says; and
  • The Will must be in writing

Related FAQs

What does information and consultation involve?

There are two stages:

  • Stage 1 – The provision of written information to the representatives.
  • Stage 2 – Consultation on the proposed redundancies “with a view to reaching agreement” about certain matters

Stage 1: Provision of information

The first stage in the collective consultation process is to provide the representatives with written information including details of the proposed redundancies (often called a section 188 letter). This information must be given to the appropriate representatives and the time limit before dismissals can take effect does not start to run until they have received it. It is this information which ‘starts the clock’.

It is possible that there will be changes to the proposals during the consultation process: indeed that is part of the reason for the process. The employer’s obligation is not just to provide the appropriate representatives with the relevant information at the start of the process. It is under a continuing obligation to provide them with information in writing about any developments during the consultation process (although later changes do not ‘restart the clock’ before dismissals can take effect).

Stage 2: Consultation on the proposed redundancies “with a view to reaching agreement” about certain matters

The consultation process must include consultation “with a view to reaching agreement with the appropriate representatives” on ways of:

  • Avoiding the dismissals
  • Reducing the number of employees to be dismissed
  • Mitigating the consequences of the dismissals
What happens if the injured person cannot speak to a lawyer?

We are quite used to situations where the injured party is unable to speak because they are in ITU or have suffered a brain injury. In a case like this we would speak to the person wishing to represent the injured party and give the relevant advice and information to enable them to begin the claim on the injured persons behalf.

VIDEO: An update from cashflow.co.uk expert Chris Silverwood about access to finance

Partner at Ward Hadaway Adrian Ballam catches up with corporate finance expert and CBILS specialist Chris Silverwood (CorpFin and cashflow.co.uk) a month after their initial conversation to talk about what the last couple of months have taught us about access to finance.

Sections of the video and their timings are as follows:

(01.06) – example of continuing appetite for certain businesses (e.g. tech sector)

(02.06) – conflict between incumbent bank and different CBILS lenders, plus brief discussion of CBILS II

(05.36) – bounce back loans have been a distraction

(06.27) – muted impact of fintech CBILS lenders

(07.52) – discussion about invoice discounting

(11.59) – looming insolvency environment

(12:52) – emerging themes

 

Court proceedings have been issued. What happens to the court timetable?

The parties to litigation should still take the steps they have been ordered to take and comply with any Orders made by the court. If for any reason it looks as if a direction cannot be complied with because of the Covid-19 virus then an extension of time can be agreed with the other party (up to 28 days) or through the court. We are aware that Orders have been made extending the time for certain steps to be taken by 56 days.

Can I claim for expenses?

Yes all accident related expenses will be included in your claim. This includes medication, aids and appliances, care and assistance, loss of earnings and often in serious cases includes future losses such as loss of earnings care and assistance and pension loss.