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Wills – capacity

April 2024 | Wills, probate and administration

T’s will limiting pecuniary legacies to his five granddaughters to a nominal sum was ‘entirely rational’, the HC ruled. T made the will in 2018 leaving the bulk of his £500,000 estate to his two surviving children, with £50 legacies to the claimants (they were the children of his deceased son). A previous will, made …

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PIF (TA6) – updated

April 2024 | Conveyancing

The Law Society has created a stir by issuing an updated Property Information Form (5th ed) which includes the information the National Trading Standards Estate and Letting Agency Team says should be disclosed on property listings in its material information in property listings (sales) guidance. There are a lot of changes to the form and …

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HMLR – PG8

April 2024 | Conveyancing

HMLR has updated PG8 (execution of deeds). Section 10.5 has been amended to remove out-of-date practice. Following a review, HMLR will no longer raise a requisition when ‘signed as a deed’ is used in the execution of a prescribed deed by a corporate body. In addition, section 5.2 has been amended to remove reference to …

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Redundancy – comparison to others

April 2024 | Employment

The EAT has heard a case involving an appeal against a finding of redundancy. The claimant scored the lowest result in comparison to colleagues and was made redundant. The claimant appealed his dismissal, asserting that the score was too low as the criteria used were completely subjective which rendered the dismissal procedurally unfair. The EAT …

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EAT – state immunity

April 2024 | Employment

The EAT has heard an interesting case in which it allowed an appeal against a decision that the ET had jurisdiction to hear the claimant’s claim despite the respondent claiming state immunity. The case summary is as follows: ‘Jurisdictional points – state immunity Having (through its then solicitors) accepted the jurisdiction of the Employment Tribunal …

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HMLR – PG19

April 2024 | Conveyancing

HMLR has updated PG19 (notices and restrictions). Section 3.9.1 has been amended to clarify that, where the consent or certificate of a specified person is required under the terms of a restriction in the register, and where that person cannot be traced, HMLR needs to see evidence of the steps undertaken to obtain the relevant …

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Menopause – guidance

April 2024 | Employment

The Equality and Human Rights Commission has produced some helpful guidance and resources for employers to assist with managing menopause in the workplace. They state that: ‘… under the Equality Act 2010, workers are protected from discrimination, harassment and victimisation on the basis of protected characteristics including disability, age and sex. If menopause symptoms have …

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Mediation – costs; court expectations

April 2024 | Family

The court expects those involved in family proceedings, whether the case concerns money or children, to make a ‘serious effort’ to resolve their differences before proceedings are issued. In a case involving assets valued at up to £29m, Knowles J also made clear in her ruling that this expectation continues ‘at any stage of the …

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HMLR – PG21

April 2024 | Conveyancing

HMLR has updated PG21 (using forms for complex and more unusual transactions). Section 11.1 has been amended to clarify that deputies should contact the Office of the Public Guardian in situations where there may be a conflict of interest and now reads: ‘11.1 Dispositions on behalf of a person lacking capacity A deputy appointed by …

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OU – gender critical beliefs

April 2024 | Employment

In a case which has hit the headlines, the ET considered a number of claims against the OU (including discrimination and harassment) from a professor who stated her gender critical beliefs. This is a controversial topic and one which all employers should consider carefully. The press summary is as follows: ‘1. The Claimant was employed …

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