January 10, 2022 In Bramwell Bate News By Cherie Hannam

The Wills Act: What does it mean?

The Wills Act 2007 (“Act”) governs how wills should be prepared, executed, amended and administered. The Act was introduced to make the law around wills easier to understand, with a single reference point rather than spread over different statutes. An overview of the Act is outlined below. The Act applies to the wills of people who die on or after 1 November 2007 regardless of when the will was executed. However, s 40 of the Act provides guidance on which...

December 20, 2021 In Bramwell Bate News By Cherie Hannam

Tenants in common: when only one wants to sell

Property Sharing Agreements are becoming more prevalent as individuals seek certainty of outcomes, where unforeseen circumstances intervene after property purchases. The form of property ownership known as ‘tenancy in common’ is becoming more popular due to this. This form of ownership enables an individual to have control over their share of the property they are a part owner of, to the extent that they can decide who they wish to take over their share in the event they die or...

December 17, 2021 In Bramwell Bate News By Cherie Hannam

Family Protection Act: Claims and Dates

The Family Protection Act 1955 (“FPA”) becomes relevant under either a will or intestacy (where a deceased dies without a will in place) in circumstances where a claimant does not consider that they have been appropriately provided for under the deceased’s estate. Proper maintenance and support is the test, which is a wide and general phrase. So, who can make a claim under the FPA? A spouse or civil union partner of the deceased is at the top of the...