Author: Keith Docking The recent Court decision where a wife 22 years after separation received a lump sum of £220,000 is a salutary lesson for parties who do not finalise their financial affairs post separation.  The Court decision reinforces the principle that the needs of the parties will always take preference over contribution arguments.  In this case the majority of the assets were derived from an inheritance received by the husband post separation.  This emphasises the importance of entering into an agreement and ensuring that the agreement will be binding. Please click here to view the article that appeared in The Times, If you’re interested in learning more about this case.

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Divorce settlement granted after 22 years of being separated

This has nothing to do with standing people up in front of a firing squad and shooting them properly, although if your Will hasn’t been executed correctly, it may become your wish. Execution, in legal terms, is the signing and witnessing of your last will and testament – your Will. If it isn’t carried out correctly, then your will isn’t valid and you may as well have not written it in the first place. It won’t stand up in a court of law. Correct signing and witnessing of a will So you’ve had your will written correctly by a professional, now comes the time for you to sign your will and to have two witnesses watch you sign your will. Your witnesses will confirm that you signed your will without any undue pressure from anyone else, including the witnesses! Your witnesses will not have to read your will; they need only see the signing and witnessing section of your will. There are a number of rules which govern how the will can be signed and witnessed and all must be undertaken to ensure your legal document is valid. Here they are: The witnesses must be in the room with you all of the time when your will is signed and witnessed Both witnesses must be in the room with you at the same time Both should be at least 18 years old The testator signs first (the person who is making the will) The witnesses sign next, underneath the testator’s signature The witnesses cannot be blind The witnesses must know what they’re doing The witnesses can’t be beneficiaries or executors of the will – if they were they’ve just ended that role Each witness completes by adding their printed name and address and occupation No-one must leave the room until the process is completed. To ensure that this process is carried out correctly, LSUK professional consultants will always be present to see this procedure is carried out correctly when LSUK have written your will. There are separate rules concerning people who can’t read English, for people who can’t write, for blind people and for people with understanding difficulties.

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Correct execution is essential.

This has nothing to do with standing people up in front of a firing squad and shooting them properly, although if your Will hasn’t been executed correctly, it may become your wish. Execution, in legal terms, is the signing and witnessing of your last will and testament – your Will. If it isn’t carried out correctly, then your will isn’t valid and you may as well have not written it in the first place. It won’t stand up in a court of law. Correct signing and witnessing of a will So you’ve had your will written correctly by a professional, now comes the time for you to sign your will and to have two witnesses watch you sign your will. Your witnesses will confirm that you signed your will without any undue pressure from anyone else, including the witnesses! Your witnesses will not have to read your will; they need only see the signing and witnessing section of your will. There are a number of rules which govern how the will can be signed and witnessed and all must be undertaken to ensure your legal document is valid. Here they are: The witnesses must be in the room with you all of the time when your will is signed and witnessed Both witnesses must be in the room with you at the same time Both should be at least 18 years old The testator signs first (the person who is making the will) The witnesses sign next, underneath the testator’s signature The witnesses cannot be blind The witnesses must know what they’re doing The witnesses can’t be beneficiaries or executors of the will – if they were they’ve just ended that role Each witness completes by adding their printed name and address and occupation No-one must leave the room until the process is completed. To ensure that this process is carried out correctly, LSUK professional consultants will always be present to see this procedure is carried out correctly when LSUK have written your will. There are separate rules concerning people who can’t read English, for people who can’t write, for blind people and for people with understanding difficulties.

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Correct execution is essential.

I have had a pram for nearly a year, however have only been using it for 5 months. In this time I have had to have 2 replacement pieces of material due to seams splitting and now the front wheel has broken. The pram cost me £400 and I do not think that the quality is satisfactory for the price paid and so would like a refund. The online store I bought it from is reputable one however they do not give refunds only relacement parts or repair. Can I demand a refund using consumer law? or do I have to put up with this pushchair breaking every 6 weeks? BTW - although reviews of this pushchair are excellent when you google my specific issues there are lots of other people in the same boat so I would not want a replacement. Thanks for your help!!

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Can I demand a refund

As The Spectator guy said… The Prime Minister seems to be indestructible… for the present…. From the BBC: “ 1803 The Spectator’s political editor, Fraser Nelson, says that for Mr Brown to survive cabinet unrest, backbench plots, an economy in recession and abysmal election results, he must be a “Terminator prime minister. It seems like nothing can kill him.”

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The Prime Terminator is back!…

The justice secretary has apologised to the families of the two murdered French students for the ‘serious failures across the criminal justice system’ that left one of the defendants free to kill when he should have been incarcerated. Dano Sonnex and Nigel farmer were found guilty at the Old Bailey of the murders of students Laurent Bonomo and Gabriel Ferez. At the time of the murders Dano Sonnex was subject to a warrant for his arrest and recall to prison for breach of his probation licence conditions. read more

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Straw apologises for probation failings

It had all the trappings of a dream wedding: the happy couple stood before their priest on a seaside rooftop and said their vows in the sunshine before joining their guests for a lavish dinner. But Gillian Hudson was told yesterday that it was not a valid ceremony, she was not legally married and — most important of all — she could not file for divorce.

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Judge rules Gillian Hudson’s ceremony with priest was not a marriage

A thousand serviceman who say they suffered ill health because of Britain’s atomic tests in the Pacific in the 1950s won a crucial High Court victory yesterday that paves the way for them to sue the Ministry of Defence.

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Nuclear test veterans win right to sue Government

Magic circle firm Clifford Chance will report a 5% fall in revenue and profits ‘significantly down’ on last year’s £1.33bn, according to the firm’s global managing partner David Childs. He said the firm will cut around 15% of its equity partners at the end of its ongoing staff restructuring. Childs’ estimates on revenue and profits are the first to come from a magic circle firm this year. He was speaking at the Global Managing Partners Summit 2009 in London yesterday. read more

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Clifford Chance to cut equity partners

GuidoFawkes reports that there were cheers in dealing rooms throughout the City today at the rumour that Brown had resigned… the rumours were false and Downing Street had to put out a statement that the Prime Minister was ‘getting on with the job’.  Cabinet shuffle coming… will anyone want to be in it?.. and how long can Brown last? Friday?  Sunday night / Monday morning?

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Dealing room cheers at Brown going… but false rumour!…