Author: Victoria Wells   The sudden death last month of former “Diff’rent Strokes” star Gary Coleman has highlighted the importance of having a valid Will, and keeping it up to date. Despite his showbiz background, Gary’s personal circumstances were in some ways not that different to many of us, with both an ex-wife and a former girlfriend on the scene, and the lack of clarity around his wishes has led - perhaps inevitably - to dispute between the two. There is also uncertainty about what to do with his ashes, surely a situation which none of us would want our loved ones to be left in. In his 1999 Will, Gary gave instructions about his funeral, that he wanted it conducted by people who had no financial ties to him and who “can look each other in the eyes and say they really cared personally for Gary Coleman”. He also in the Will appointed a close friend as his executor. In 2005 it appears that Gary made a new Will, in favour of his then girlfriend, Anna Gray. The Will specified that he did not want any sort of funeral service. Following his marriage to Shannon Price in 2007, he made a “homemade” Will, in which he named his wife as his sole beneficiary. Apparently this was signed, but not witnessed, so lacks full testamentary validity. They divorced in 2008. Perhaps inevitably, Ms Price and Ms Gray are now in dispute about who should administer Gary’s estate, and who is entitled to that estate. Ms Gray argues that they were together for eight years, and that the 2005 Will is the valid “last Will and Testament”. Ms Gray contends that, as they were still living together at Gary’s death, despite their divorce, she is entitled to be treated as his “wife”. A lawyer has now been appointed by the courts to sort out the mess, and in the meantime both Gary’s ashes and his estate remain in limbo. The heartache and expense of all of this could all have been avoided if Gary, following each major change of circumstance in his life, had taken professional advice to ensure that his latest Will matched his current situation and that his belongings and his funeral would be dealt with as he wished, by the people he wanted.

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TV Star’s Death Highlights Importance of Wills

Author: Guy Thomas   In the run up to today’s creditor’s meeting at Pompey’s Fratton Park, Guy Thomas has been commenting in www.sportingintelligence.com on the background to today’s meeting and the options available to the creditors of Portsmouth City Football Club (In Administration) when they vote. Click here to read more.

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Portsmouth: Why Thursday’s creditors meeting means so much to so many (not least the helpless fans)

Author: Chris Alexander The Ministry of Justice has announced that the proposed increase in the rent threshold for assured shorthold tenancies is to be delayed until October.   Currently, tenancies with a rent in excess of £25,000 per annum are excluded from the assured shorthold regime. The proposal to increase this threshold to £100,000 was announced in February and was due to be implemented this month.  It was intended to apply to existing as well as new tenancies, which would put onerous obligations upon landlords of tenancies that are currently excluded, to comply with the deposit protection requirements for assured shorthold tenancies within a short window.  As many assured shorthold landlords have found out to their cost since the deposit protection schemes were introduced in 2008. Non compliance can prove to be an expensive mistake for landlords, with the tenants being able to claim three times the value of the deposit from them.

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Assured shorthold threshold increase delayed

Author: Guy Thomas In a dramatic turn of events, HM Revenue and Customs (HMRC) have announced that they will not use the next listed hearing to pursue its challenge to the appointment of Administrators by Pointpin Limited, the British Virgin Island based company which is controlled by Mr. Chainrai. Although the hearing, scheduled to be heard at the Royal Courts of Justice in London on Monday 15th March 2010, will still go ahead; the anticipated tussle will not be as spectacular as many had awaited. It has been further reported that “Despite HMRC continuing to have a number of remaining questions and concerns around the relationships of various parties, and a lack of detail of financial affairs, HMRC has now advised the Administrators that we will no longer challenge the validity of the Administrator’s appointment.” “This comes in light of the additional material now provided following the judge’s directions of 2 March 2010.” Portsmouth and its’ Administrators should not feel completely reassured by the further reporting that HMRC are “still not happy” but “do not see any benefit in continuing an expensive, long-running, legal protest against the club”.  What now? In no particular order, some of the things that are still to come in this administration include: 1. HMRC will keep a close eye on events; they can do this through a creditors committee (which is meant to oversee the actions and fees of the Administrator). 2. Unsecured creditors (like HMRC) put in their proof of debt to the Administrator setting out what they are owed [most creditors do this without taking legal advice]. 3. Statutory Investigations will be carried out by the Administrator into the conduct of the club, its directors and any who acted as if they were directors. The Administrator submits a “D” report to the Secretary of State for BIS. 4. The directors finalise their statement of affairs and a report goes out to creditors on the events that led to formal insolvency. This may include their view of when the club became insolvent. This is usually followed by a meeting of the creditors to vote on the housekeeping issues for the Administration. 5. The League will decide on the first part of the likely point’s deductions. Part “two” will depend on the outcome of any proposal to exit the Administration. The exit the League usually expects is a Creditors Voluntary Arrangement. 6. The Administrator will continue to look for savings in costs. Players are unlikely to be made redundant. The Professional Footballers’ Association has strong influence in this area. However that doesn’t exclude the likelihood that loan agreements will be cancelled to save the salary costs. It’s been reported Pompey having six temporary signings on their books. 7. The Administrator looks to realize assets for creditors and or raise finance to allow continuing trading. It has been reported that Mr Chainrai will provide the funding and the Administrator is looking for bids. Anyone got a spare £15 million?

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Portsmouth FC continued: HMRC thow in the towel…but “still not happy”

Author: Laura Allen Diageo is in the process of taking legal action against Sainsbury’s for selling it’s own version of the gin-based drink called Pitcher’s. Sainsbury’s released Pitcher’s back in April this year stating that it was available in time for events such as Ascot, Henley and Wimbledon. Sainsbury’s has also advertised Pitcher’s as being cheaper than the branded equivalent, as well as saying that it has performed better in taste tests. Trademark experts say that Diageo is likely to be concerned that Sainsbury’s will be passing off the ‘copy’ drink as Pimm’s, as they have recently spent millions of pounds advertising their product using the catchphrase “it’s Pimm’s o’clock”. Comparisons can be drawn between the packaging of the two drinks, with both using red lettering in similar fonts, with a gold logo at the top of the label. This is not the first time that such matters have reached the courts, in 1997 Asda was found guilty of passing off its Puffin bars as United Biscuit’s Penguin biscuits. Brand owners will now be watching this matter carefully as it may encourage them to come forward if other retailers have ‘copycat’ items on their shelves. Diageo has admitted that it is taking legal proceedings in relation to an intellectual property matter, with Sainsbury’s saying that it will defend itself ‘vigorously’ against the allegations.

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Protect your brand - Diageo and Sainsbury’s in legal battle over alleged copy of Pimm’s drink

Andria Bolton

Local Solicitors UK | Compensation UK