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Dispute Resolution Blog

What is Civil Mediation, and how can it help me?

Tom Fletcher
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Often, court proceedings can be very costly and time-consuming, including solicitor fees, court fees and the hassle of navigating the court system. This can leave parties stressed and financially worse off. To try and minimise the court’s involvement...

The Statutory Legacy: What is it? And how could it affect my entitlement on an Intestacy?

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In this article we explain the concept of the statutory legacy, when it applies, and how it can impact the distribution of a deceased spouse’s/civil partner’s estate. What is Intestacy? When a person dies without a valid Will, they are said...

What am I entitled to if my partner dies without a Will?

Laura Anderson
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If a person dies without a Will, what happens to their estate (ie assets, such as property and cash) will be governed by the Intestacy Rules. Who is entitled to what will depend on their relationship with the deceased. A spouse or civil partner will...

Breathing Space: what is it and how does it affect my ability to recover a debt? Will it apply to rental arrears owed by a Tenant?

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What is ‘Breathing Space’? Breathing Space is a newly established Debt Respite Scheme, that  will give an individual who is in debt the right to legal protections from being chased by creditors. The scheme applies to the rental sector and...

I want to recover possession of property that I rent to tenants: what do I need to do? How is the process affected by the COVID-19 pandemic?

Laura Anderson
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A landlord that lets residential property under an Assured Shorthold Tenancy (AST) needs to give their tenant notice if they want them to leave. If the tenant doesn’t move out, the landlord needs to apply for a Possession Order, that will specify a...

My relationship has ended: what happens to the house?

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According to the Office for National Statistics, there are over 6m people cohabiting without being married or in civil partnerships, However, unlike spouses and civil partners, cohabitees have no automatic right to make a financial claim against their former...

How can I challenge a Will?

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A Will is a legal document which sets out how an individual (known as ‘the Testator’) wants their assets to be distributed after they have died. Following a death, we are often contacted by people who are either: not named as a beneficiary ...

Declarations of Trust: what they are and when you should use one

Laura Anderson
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If a property is in joint names, and the owners aren’t married/civil partners, the presumption upon sale is that each person will get an equal share of the net sale proceeds. If each individual owner contributed equally to the deposit and the mortgage,...

Why should I instruct a Solicitor to prepare my Will?

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When it comes to making a Will, there are two main pieces of advice that we at Johnson Astills give our clients. The first is to actually make one, and not keep putting it off. The second is to have a will drafted by a Solicitor that specialises in Wills. ...