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Following a death, you may need to apply to the Probate Registry to be given the legal right to deal with a person’s property, money and personal possessions (their Estate) when they die. If you are an executor named in a Will then this will mean applying for a Grant of Probate which is an […]

Naidoo v Barton [2023] EWHC 500 (Ch) recently clarified the approach to be taken when assessing whether undue influence was exerted on those making mutual wills. It was determined that the test applicable to lifetime transactions is to be preferred over the probate test. Naidoo v Barton [2023] EWHC 500 (Ch) Background Dr Naidoo and […]

Disputes over Party walls, while similar to boundary disputes, differ in that they concern physical bricks and mortar walls, rather than a fence or a hedge, which may act as a de facto boundary between plots of land. A Party wall is a wall that makes up a part of a building and either: The […]

The ending of relationships is never easy and it is often made harder by trying to work out who gets what can often lead to disagreements, with often the biggest disagreement being what happens to the house. Unmarried couples are increasingly more likely to purchase a home before getting married, but what happens to this […]

Short-term holiday lets have changed the way many people travel, with sites like Airbnb offering diverse options for accommodation across the world. Airbnb started as a small company pitching spare rooms to budget travellers in 2008. It now has over 4 million active hosts, and was valued at well over $100 billion in 2022.  With […]

At a glance Rectification is the process of putting something right, of correcting something. Where a mistake has been made in drafting a Will, and the Testator is still alive, a new Will or Codicil may be executed so as to remedy the mistake. Things become more complicated if the mistake is only discovered after […]

McElroy v McElroy [2023] EWHC 109 (ch): Can delay be a valid defence in probate claims? With certain types of claims, there are limitation periods which provide a time period within which a claim must be brought. This is usually a number of years from the date of the breach or the date when loss […]

When partners decide to live together the easiest option is often to move into the property owned by one of them.  As part of sharing the outgoings, you may agree to share the mortgage payments as this is a major financial burden for one person to pay alone. This arrangement can continue for many years. […]

The flooding of your property is never something that some one wishes to contemplate, so when it does happen the costs of repairs are often expensive and time consuming. Often the impact of the flooding can be lessened, or even prevented altogether, through adequate drainage. It is therefore important to know as a property owner, […]

Please be advised that as of 1st February 2023 Mercers converted to a Limited Liability Partnership and became Mercers Law LLP t/a Mercers Solicitors (LLP registered number OC441672). This entity comprises the same Partners, management structure and personnel as before and our address and bank details remain the same, as does our professional indemnity insurance. […]

In brief: In detail: When will the new legislation effect you?  At the moment it is unclear when the government will bring in the changes and when they do, it will be done with plenty of warning.    The government published a White Paper in June 2022.   The Renter Reform Bill was part of the […]

If you have made a will, dig it out and think… Have you appointed guardians if you have young children? Possibly the toughest decision to make, but reassuring to have named someone, just in case. Are your executors a bank or friends who may no longer relish the responsibility? Responsible, adult children can take their […]