Personal Dispute Resolution

Tom Barry is a trainee solicitor at Rothera Bray’s Nottingham office. As part of his training contract, he’s had stints working in our Private Client and Family departments, and is currently in Dispute Resolution. Here he gives great advice for any trainee solicitor.

We are delighted to announce that Kendal Litherland has joined our Nottingham office as a consultant in the Dispute Resolution team.

One of the essential requirements for a will to be valid is that maker of the will (a testator) has the relevant mental capacity.

The Financial Times has recently reported that a surge in asset prices and increased prevalence of dementia are contributing to an increased number of inheritance disputes.

A Discretionary Trust gives trustees more flexibility when it comes to distributing a trust fund; they have the discretion to distribute the trust fund to all, some, or even just one of the beneficiaries, and in whatever sums they see fit.

In the recently published case of Speakman v Muir and Others [2022] Lexis Citation 1487 the High Court in Birmingham found in favour of the claimant, Peter Speakman, in a claim for fraudulent calumny relating to his late father’s estate.

There are many reasons why you may need to take steps to remove an executor; however, this need largely arises from the executor’s inaction or refusal to progress the administration of the deceased’s estate, or because they are failing to perform their duties as executor.

The role of an executor of a Will comes with great responsibility, namely, to ensure a person’s last wishes are granted with regards to their estate as per their Will.

There is no longer such a thing as the Small Claims Court.  Subject to some exceptions, cases in the County Court with a value under £10,000.00 are allocated to what is known as the “Small Claims Track”.