Sunday, 15 May 2016
A random act of kindness cannot just change someone else’s life, but your life too,state Curry Popeck,Harrow solicitors. This statement will become clearer from this unbelievable case involving a pensioner and a builder, who was left £500,000 in the pensioner’s will, after refusing to take payment from him for cleaning out his gutters.
Mr. Butcher, 75, a bachelor and a lonely pensioner from North London changed his will to disinherit his cousin and two family friends and left his entire estate, worth £500,000, to a kind builder who refused to take payment from the pensioner for cleaning out his gutters.
The previous beneficiaries of Mr. Butcher’s will claimed that Mr. Butcher was unaware of the contents of his will and did not approve. However, they failed to provide evidence in support of their claim, which led to the court upholding the will in favour of the builder, Mr. Sharp.
Mr. Butcher and Mr. Sharp met in 2009 and remained friends even after the gutter cleaning job was completed. Mr. Sharp would occasionally visit Mr. Butcher and would talk to him about sport and other shared interests. Mr. Butcher’s family however claimed that Mr. Butcher hated sport!
The Judge found Mr. Sharp to be a truthful and straightforward man and did not find any of the circumstances surrounding the signing of the will to be suspicious. The courts eventually sided with Mr. Sharp, as they considered the Will to be made of Mr. Butcher’s own volition and with full mental capacity.
According to the experienced solicitors at Curry Popeck,law firm in Harrow, "wills can be made leaving your entire assets to the person of your choice, however it is possible, following your demise, for a person to challenge your will. Wills can be challenged on many grounds, including lack of mental capacity when the will was made, and many others under the Inheritance (Provision for Family and Dependents) Act 1975.”
It is therefore very important to have your will made by a solicitor who is a will expertso they can advise you on the best ways to prepare this to prevent any challenge. The solicitor you choose may also be able to provide evidence, if necessary, to show that you did have full mental capacity at the time the will was being made, that you understood what you were doing and also that you were not being forced or coerced into making the will.
Your will is one of the most important documents you make as it decides what will happen to your hard earned money and assets after your death. So professional advice is essential and can make a significant difference to any provision made for those close to you.
Contact Curry Popeck, one of the leadingHarrow law firms They can provide you with extensive knowledge and expertise across a wide range of areas pertaining to wills and lasting powers of attorney.
To schedule an appointment, visit-http://www.currypopeck.com/
When you decide to draw up your Will it is one of the biggest financial planning steps you will take. While making a Will is important, it is also very important to hire reputable solicitors, like Curry Popeck,Harrow Solicitorswho will ensure your Will has been properly written and is legally binding. Failure to do so can have the same effect as not having one at all. By not choosing an expertsolicitor to write your Will, you risk leaving your family with nothing. This was shown in a recent case where not choosing a reliable Will-writing solicitor resulted in the beneficiary losing a stake in her father’s property:
A person named Ebenezer Aregbesola decided to prepare his Will in 2007. Instead of going to a trusted solicitor, he contacted his bank, Barclays, who offered a £90 Will-writing service.
Ebenezer owned assets and properties both in London and overseas and wanted his daughter, TinuolaAregbesola, to receive his half share in the London property that he jointly owned with his wife.The Will was prepared by the bank, specifically mentioning the gift of his share of property to his daughter.
Ebenezer died in 2014, and his daughter thought that she would be inheritinga half share of his father’s London property.
At the time of writing the Will, Barclays did not investigate the mode of ownership of the property, which was owned as Joint Tenants. According to Curry Popeck Solicitors in Harrow, when a property is owned as Joint Tenants, upon the death of the first owner, the property will automatically pass into the sole name of the survivor, regardless of what is written in the deceased’s Will. The property must be owned as Tenants in Common in order for a share in a property to pass under the terms of a Will to someone other than the surviving owner.
As a result, the gift of the property in Ebenezer’s Will failed and the whole property passed into his wife’s sole name.
Ebenezer’s daughter sought compensation from Barclays. After an investigation, the Legal Ombudsman found in her favour and ordered Barclays to pay "a fair and reasonable settlement".Barclays however, decided to ignore the Legal Ombudsman’s ruling and the matter is now set to be heard before the High Court.
There are many Will-writing services out there which will cost you less than using the services of a good solicitor. Although they may seem like the perfect middle ground between doing it yourself and paying a solicitor, it can be a risky and costly affair in the long-run.
Don’t let your loved ones end up in a difficult position; always choose trusted solicitors like Curry Popeck solicitors in Harrowwho can provide you with extensive knowledge and expertise across a wide range of areas involving Wills and Lasting Powers of Attorney.
If you want to discuss anything regarding the issues raised in this article or want to schedule an appointment, visit-http://www.currypopeck.com/
Friday, 13 May 2016
There are a number of grounds in which a Will can be contested, such as when it is suspected that the Will has been forged. If it can be proved in court that a Will in its entirety has been forged, this will result in it being declared invalid, state Curry Popeck Solicitors.
In this case, Valerie Watts, died in a hospice in 2011, aged 71. She was survived by her two adopted non-sibling adult children, Christine Watts and Gary Watts.
Valerie had made a Will in 1999 dividing her entire estate equally between her adopted children. Gary subsequently claimed Valerie signed a Will dated 12 January 2011 written out by hand by Valerie’s sister, using a shop-bought will form. The Will, which left everything to Gary and disinherited Christine, appeared to have been signed by his mother, as well as her sister and hospital nurse, Jackie Brown, as witnesses.
Gary claimed that he was far closer to his mother and Christine was not. He would visit her every day in hospital but Christine, who lived some distance away, rarely did.
Angered by this, Christine challenged the 2011 Will and made a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act).
Christine obtained expert evidence in relation to Valerie’s signature. The evidence of the witnesses in this scenario was crucial and Nurse Brown’s statement proved to be a major deciding factor in this case.
At trial, Gary admitted misleading Nurse Brown regarding the document she was witnessing. Also, Nurse Brown said that she did not see Valerie sign the paper, but did see Gary sign it.
The judge said, "I accept the evidence of Nurse Brown that she did not see Valerie sign the paper and that she did see Mr Watts sign it.” He further said, "I find that Gary signed it, not Valerie, and he simulated his mother's signature on it."
After carefully considering all the factors, the judge found in favour of Christine and determined Gary had forged Valerie’s signature, thus pronouncing in favour of Valerie Watts's 1999 will, which split her estate equally between her adopted children.
The daughter received £100,000 share of the estate after a judge ruled her brother faked their mother's signature on the paperwork as she lay dying from cancer on a hospital ward.
Will forgery cases rely greatly on the testimony of handwriting experts who help find discrepancies between the signature on the Will and the actual signature of the deceased, advise the solicitors at Curry Popeck. Also, showing that the Will contradicts wishes expressed by the deceased can also be usefulevidence in such cases.
An unfortunate aspect ofWill forgery cases is that the fraudsters may still receive a share of the estate if they are related to the deceased.
If you have any questions regarding the issues raised in the article, or want expert legal advice from Curry Popeck law firm’s experienced solicitors like Lionel Curry, visit Curry Popeck at- http://www.currypopeck.com/
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Dad Allowed Contact With His Child With The Help Of The Right Legal Support - Curry Popeck Soicitors
In almost every court case where the court is required to make a decision about a child, it is the welfare of the child that the court must consider as the most important factor in reaching the right decision, state CurryPopeck Solicitors. So, when a court has to decide which parent a child should spend time with (access or contact) or with whom a child should live (custody or residence), the court will make those decisions by considering the welfare of the child.
When parents decide to divorce, it can sometimes be difficult for them to reach an amicable agreement about childcare. It’s an emotionally draining experience that can have a great impact on the immediate and wider family, including grandparents.
As experienced family solicitors, CurryPopeck understand the trauma of being denied child contact, as shown in the following recent case of a father being denied access to his son:
Shortly after the son was born, the parents decided to divorce. Prior to the divorce their relationship was difficult and characterised by addiction. But the birth of the son proved to be a turning point, with both mother and father separately seeking help for their problems and the father successfully quitting heroin addiction.
By the time their child reached the age of two, the father had been totally free from heroin addiction for two years. He sought regular contact with his son, but the mother made it difficult for him and as such, she would only allow contact if she was present and not for more than an hour at a time.
The boy’s mother repeatedly assured the solicitors that she would move forward if the evidence of the father being free from addiction was provided. However, later the negotiations broke down and court proceedings followed.
Over time, it was successfully proved by the solicitors that the father’s family was able to supervise contact, that the father had overcome his heroin addiction and that his life was on the right track.
As a result, the father’s contact with his son moved to a more conventional arrangement that included overnight stays and unsupervised visits, and the mother was given the reassurance she needed that her son was safe.
If you have questions regarding any of the issues raised in the article, or you’re separating and can’t reach an agreement on residence or child contact issues, contact Curry Popeck family law solicitors by visiting their website - http://www.currypopeck.com/
Curry Popeck is a highly reputable firm of solicitors that provides the best advice and assistance for all matters pertaining to family law and many other aspects of law.
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