Forbes Blog

Follow The Right Procedure To Exclude The Right To Renew

Whether or not the security of tenure provisions contained in the Landlord and Tenant Act 1954 (“the LTA 1954”) are included in a commercial lease, can often be one of the most important considerations for a landlord. Read more

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A study suggests that cervical cancer screening might only be required on 3 occasions during the lifetime of a woman vaccinated against a human papilloma virus (HPV)

All girls can get the HPV vaccine free from the NHS from the age of 12 until their 18th birthday.  Cervical cancer is the most common cancer in women under the age of 35 in the UK and it helps protect against it.

Gardasil is the vaccine used by the NHS to protect against 4 types of HPV which cause more than 70% of cervical cancers in the UK. In England girls aged 12 to 13 years are routinely offered it in year 8.  A second dose is normally offered 6 to 12 months after. Read more

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Limitations on Limitations of Liability

Any transaction, no matter how much the parties may believe they catered for all eventualities, carries a degree of risk of liability for all parties involved. Where trustees are party to a transaction (whether a property transfer or a lease), they will usually seek to limit their liability to ensure that they are not personally liable. However, a recent case has highlighted that clauses limiting trustees’ liability must be carefully drafted to cover the whole transaction. Read more

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STEP and TEP – What are the benefits?

The Society of Trust and Estate Practitioners (STEP), is an organisation devoted to improving public understanding of the issues families face in relation to inheritance and succession planning.  Promoting education and high professional standards among all of its members is vital to STEP.

A number of qualifications are offered by STEP, from entry level programmes to advanced certificates and diplomas.  These qualifications are supplemented by resources that provide continuing professional development.  Continuing professional development equips professionals to deal with an ongoing rapidly-changing business environment, and this is a requirement of professionals who wish to maintain a STEP membership. Read more

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No Right, No Way: Taxpayers Remain Mindful!

An unsurprising revision has recently passed through the Upper Tribunal, in the case of McQuillan v HMRC. The First-Tier had decided in favour of the McQuillans, in relation to their attempts to claim for entrepreneur’s relief when selling ordinary voting shares in their company. In the definition given in clause 989 of the Income Tax Act 2007, ordinary share capital is the entirety of the company’s issued share capital, with the exception of capital where the holders have a right to a dividend at a fixed rate, but no other rights to share in profit. Read more

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Contesting a Will

With an ageing population, a dramatic increase in house prices and more complex family structures, will disputes are becoming increasingly common. Ben Wilson, an Associate at Forbes Solicitors specialising in Contentious Trusts and Probate, gives an overview of the various ways to contest a will or make claims against an Estate.

If you’ve been cut out of a will or you do not think you’ve been left enough . . .
If you have been left out of a friend or family member’s will, or if you do not think you have been left enough, then you may be able to make a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. Read more

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The Land Registry are to trial a wider rejection criteria for first registrations.

It has been announced by the Land Registry that in relation to first registration applications for freehold and leasehold titles they are widening the rejection criteria.  This came into effect on 14 August 2017 and will be reviewed in November 2017.   First registrations mainly apply to unregistered land meaning that the title is not registered with HM Land Registry.  The majority of land in England and Wales is registered, however the Land Registry estimate that there were around one million unregistered residential properties in England and Wales in 2016. Read more

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Adultery and Divorce

The recent BBC drama Doctor Foster shone a light on the ugly side of divorce.  Having exposed her husband’s betrayals in the finale of series 1, this series showed how the spouses’ destructive behaviour towards each other drove their 15 year old son to desperate measures.

Below are 5 common myths about adultery: Read more

Posted in Family Law | Leave a comment
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Has the Family Court presumption of contact at all costs put children’s lives at risk?

Women’s Aid state that twenty children have been killed by a parent who was also a known perpetrator of domestic abuse.  The vast majority of these cases had been to court and Orders were made stating that the children were to have contact with or even reside with the perpetrator of domestic abuse.

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Grab yourself a Bargain Property at Auction

We have all heard the stories of how people attend a property auction and bought a property for an unbelievably low price. The process can prove exciting and potentially profitable; however it is essential that you proceed with caution!

Once you have identified a property that you are interested in, contact the Auctioneers and arrange a viewing so that you understand what you are buying. It is essential to inspect the building yourself before the auction in case the catalogue forgot to mention the motorway flyover outside the top windows.  As and when buying any property, it is advised that you make more than one viewing as you need to be aware of every facet of the property if you are considering bidding.  Properties that fall under the hammer are often ‘sold as seen’ and with you warranting that you are buying the property subject to any defects.  If it is an older property and needs a lot of work, it is worth investing in a structural survey to check for hidden problems, however it would be prudent to remember that time really is of the essence, so you have to act fast. Read more

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