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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

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VIDEO: SRA Standards and Regulations

Damien Charlton, Julie Huntingdon and Chris Hugill look at the SRA Standards and Regulations (STaRS) for solicitors which came into effect late 2019, and represented a whole new regulatory landscape for the legal profession. The enhanced reporting and transparency obligations have an important impact on in-house practice, so this webinar gives you the opportunity to reflect on how the new rules impact on in-house lawyers, in both your professional and personal lives.

This webinar is part of a series designed for in-house lawyers. If you would like to register to receive invitations to future events for in-house legal counsel, please email damien.charlton@wardhadaway.com.

What is the difference between matrimonial and non-matrimonial assets?

Matrimonial assets tend to be those which have been generated or accumulated during the marriage whereas non-matrimonial assets tend to be assets which are acquired outside of the marriage such as assets owned before marriage or assets received by one party during the marriage without contribution from the other such as through inheritance or a gift.

The discretion of the court when making financial awards is wide ranging and the way the court will deal with this distinction varies from case to case so it is always important to seek advice about your particular circumstances. However, in broad principles, any asset which is “matrimonial” in nature is usually shared unless there is good reason not to. If an asset is non-matrimonial, an argument could be raised that there ought to be a departure from an equal share of the asset to reflect the fact it is from a source external to the marriage. However:

  • If financial resources are limited such that a party’s needs cannot be met without using the non-matrimonial property, the fact it is non-matrimonial will carry little weight, if any.
  • The family home is seen as core to the marriage and is often treated differently. It is invariably treated as a matrimonial asset even if it would have been non-matrimonial in nature.
  • If a non-matrimonial asset has been intermingled with a matrimonial asset, a court may place less weight on the fact it started as non-matrimonial in nature.
  • If the parties were married for a short period of time, a court may place greater weight on the fact that an asset is non-matrimonial and may be persuaded to allow a greater departure from equality than if the parties have been married for a long period of time.

The court will always have a mind to fairness and is likely to take a step back and consider whether the overall division of the assets is “fair” bearing in mind the parties respective financial and non-financial contributions to the marriage.

What type of injuries can I claim for?

We deal with serious road traffic accidents, injuries that occur in a public/private place, spinal injuries, brain injuries, fatal injuries, accidents at work and injuries in airports and on planes.

Can you ride electric scooters on the road?

It is currently illegal to use privately owned e-scooters on roads or pavements and in cycle-lanes or pedestrian-only areas in the UK.

The UK government are currently running a number of e-scooter rental trials across the country, with these schemes allowing riders to use electric scooters on the roads/cycle lanes as you can with electric bikes.

It is expected that UK legislation regarding the use of e-scooters on roads/cycle lanes is likely to change following the success of the ongoing e-scooter trials in major cities, however there is no indication as to when the new legislation will come into force.

How can workers get to work safely?

The Government’s guidance says walk, cycle or drive to work and avoid public transport if you can. Businesses will need to support workers in adopting alternative travel methods to reduce exposure to the virus. You could consider staggering start and finish times for shifts to reduce commuting during peak hours, or support cycling with secure storage facilities and a drying room.