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What is the statutory legacy? If someone dies without having made a will, they are said to have died intestate. In such a scenario the estate of the deceased passes in accordance with the intestacy rules. (These rules also apply to any property which is capable of being disposed of by a will, but has […]

Peter Hopkins is the managing partner and co-owner of Mercers Solicitors. He has lived in the centre of Henley with his wife Caroline for 27 years. Describe your business Mercers was formed in 1827 by Nicholas Mercer, who was president of the Law Society, so we are the oldest and largest Henley law firm. We […]

Property boundaries can often be a source of contention between neighbours, especially if they are not clearly defined. When determining where your property boundary lies there are a few steps you can take to establish it. Firstly, you can check your title deeds. When you purchased your property, you should have been given a pack […]

The Renters Reform Bill is a significant piece of legislation currently making its way through Parliament. The Bill intends to make sweeping reforms to the private rental sector, with an aim to make renting fairer for tenants. While the Bill is still able to be amended, and even scrapped, it is estimated that the new […]

The Renters Reform bill is currently passing through parliament and will do away with Section 21 ‘No Fault’ evictions of Tenants. Landlords are still, for the time being, able to use this route to obtain vacant possession of their property. If you need to evict a tenant, then the section 21 notice will allow you […]

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 […]

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. […]