Monthly Archives: August 2022

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Your Will Can’t Wait: The Tragic Case of a Mother Who Took Too Long

“We are such stuff / As dreams are made on, and our little life / Is rounded with a sleep.” (Shakespeare) We aren’t comfortable thinking about our mortality, but death comes to all of us and it is our loved ones who will suffer if we don’t make plans to look after them whilst we still can. First prize here will always be a full estate planning exercise, but at the very least put a will in place. There is no other

Owning Property Jointly – The Rewards, The Risks, and The Remedy

“Co-ownership is the mother of disputes” (old Roman law maxim) There can be big advantages to buying property jointly but be aware of the risks and take steps to lessen them before you put pen to paper. The problem comes if there is a falling-out with your co-owner. Perhaps you come to blows on your usage of the property, or on the incurring of expenses, or on whether it is time to sell, or perhaps you are splitting from each other entirely. That could

Heigh Ho, Heigh Ho, It’s Off to Court We Go – But What are the Costs of Suing?

“Agree, for the law is costly” (Marcus Tullius Cicero) As Roman lawyer and statesman Cicero pointed out two millennia ago, litigation comes at a cost. So first prize will always be to settle out of court. If you can’t settle and decide to sue, arm yourself with “deep pockets and nerves of steel”, particularly if you end up in the higher courts. The upside is that if you win your case, you are likely to benefit from a costs order in your

It’s Not Simple to Sell a House in Execution (Even if a Trust Owns It)

“A court shall not authorise execution against immovable property which is the primary residence of a judgment debtor unless the court having considered all relevant factors, considers that execution against such property is warranted” (High Court Rules) Selling a house in execution is not as simple as getting judgment and sending the Sheriff of the Court off to arrange a sale. This article is important to you if – You are about to lend money to, or do business with, an individual (or

Website of the Month: Seven Steps to Becoming a Successful Landlord

“Landlords grow rich in their sleep” (John Stuart Mill) Earning passive income as a landlord is an attractive proposition which can generate substantial wealth, but before you rush into anything be sure to know exactly what you are doing. “From homeowner to landlord: how to make it work” on Tech4Law shares six important steps on ensuring that you get the most out of your new venture. We’ll add a seventh (critical) step – the earlier on in the process you ask your lawyer