Gill Laing

If you have been named as an executor in someone’s will, you will be responsible for administering their estate after they die. In most cases, before you can even begin to deal with the deceased’s estate, you will need to apply for a grant of representation. Probate is often referred to as the process of handling someone’s financial affairs following their death. This will include settling any debts, taxes, funeral expenses and administration costs, and thereafter passing on money and property to beneficiaries named under the will. In the absence of a will, or a valid will, the task of…

If unsuitable or defective cavity wall insulation has resulted in dampness and mould growth in your property, you may be entitled to bring a cavity wall insulation claim – not only to rectify the problem, but also for compensation for any associated damage to your property or health. What is cavity wall insulation? A cavity wall is made up of two separate layers of wall, typically built of brick and held together by metal wall ties, with a gap or cavity in between. The purpose of the cavity is to help prevent rainwater from penetrating through the exterior wall to…

Child support, also known as child maintenance, is the regular, ongoing financial contribution made by one parent to another in support of the everyday living costs of their child or children. Following the breakdown of a relationship, both parents are, subject to their financial circumstances, expected to contribute to the costs of raising their child or children. Child support payments are typically paid by the non-custodial parent to the primary caregiving parent to help fund their child’s basic needs, such as accommodation, food and clothing. It usually takes the form of a regular monetary payment to the prime carer from the other…

A Clean Break Order is used to legally terminate future financial obligations or responsibilities between a couple that is divorcing or dissolving their civil partnership. They offer a legal way for parties to move on without the concern of any future claim on their assets from their ex-spouse. While the Decree Absolute will formally end the marriage, it does not sever future financial ties between the former couple. Without a valid, court-approved Clean Break Order in place, the financial commitment between former spouses and civil partners will survive a divorce or partnership dissolution. If your future financial circumstances change, for example if your…

There are different ways to achieve British citizenship, although the most common route is through ‘naturalisation’. The following guide sets out who is eligible to apply for British citizenship by way of naturalisation, including the criteria for nationals of member states of the European Economic Union (EEA) or Switzerland. Who is eligible for British citizenship? The law governing naturalisation is set out within the British Nationality Act 1981 and associated regulations. This legislative framework sets out the legal requirements when applying for British citizenship by way of naturalisation. The rules differ depending upon whether or not you are married to…

US naturalization is the process by which a non-US national can become a US citizen. Once naturalized, you may bring family members to the USA, travel abroad under a US passport, and vote in US elections. Eligibility for US Naturalization The eligibility requirements for US naturalization vary according to your personal circumstances, but you must come under one of the following to be eligible to apply: You have been a US Permanent Resident for the last 5 years, have no special circumstances, have been continuously resident in the USA for those 5 years with no trips abroad for 6 months…

When going through a separation which involves children, fathers are often unsure of their rights in terms of contact and access to their children. Under UK law, a parent’s rights regarding their children are determined largely by whether or not they have parental responsibility. Although parental responsibility alone does not guarantee a fathers’ right to contact or access their children, should the father face opposition from the mother or other carers of the child, they will not be able to apply for a court order to gain access or make changes to the child’s life unless they have parental responsibility.…

Following a separation or divorce, the biggest asset you are likely to have is your home. Among the stresses of a separation, you will need to address legal position of you and your former partner in relation to the property. It will be important to understand your housing rights and responsibilities if you are going through a separation. Your housing rights and options Your housing rights when separating will largely depend on a number of factors including: If you were married or in a civil partnership, or were an unmarried, cohabiting couple Who legally owns your home Whether you live…

Understanding your rights in relation to parental responsibility is the first step in ensuring you are involved in making important decisions in your child’s upbringing relating to their health, welfare and education. We look at the current law on parental responsibility and how to acquire parental responsibility in circumstances where there is no automatic entitlement. What does parental responsibility mean? Parental responsibility is a legal concept relating to the rights and responsibilities that a holder (such as a parent) has in relation to a child. It is defined by section 3(1) of the Children Act 1989 as “all the rights,…

You may well have heard of the term without prejudice but the meaning of this rule of law isn’t necessarily clear or obvious to those outside of the legal profession. So what exactly does the term ‘without prejudice’ mean in the context of family law? How might you use this rule in a family law dispute such as a divorce case, or fall foul of it? What is ‘without prejudice’ in family law and why does it exist? The ‘without prejudice’ rule of law protects statements and communications which are made in an honest attempt to settle a dispute, and…

Contrary to popular belief, there is no such thing as common law marriage in the UK. Whilst the term is often used colloquially to refer to cohabiting couples, common law marriage is not legally recognised here. Moreover, notwithstanding the prevalence of unmarried couples cohabiting in the UK, the legal rights of those living together differ significantly to those of married couples. Below we explore in more detail the question of ‘what is common law marriage?’ and the different implications for married and unmarried couples, not least your legal rights if the relationship breaks down, or on the death of your…

8 minute read Last updated: 13th August 2019 Under the current legal framework, the question of how to pay the legal fees for your divorce case can be a source of real anxiety. You may even be questioning whether you can afford representation. A number of legal bodies, courts, solicitors and banks have come up with alternative payment options in order to help financially vulnerable clients receive financial support in divorce cases. One such example is the Sears Tooth Agreement. This article covers: How does a Sears Tooth Agreement work? When and why you should consider a Sears Tooth Agreement…

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The government’s response to the Lord’s’ review of the Licensing Act 2003 could arguably be described as one of “thank you but no thank you”. On the one hand, the government recognized the Lords’ report as making an “important contribution” to the possible future of the act; on the other hand, it rejected many of their recommendations. Developments based on evolution rather than revolution While the Lords called for a ‘radical comprehensive overhaul’ of an act which is pushing 15 years old, the Government has indicated that it has no intention of rushing into significant change. Instead it focuses on…

Noise nuisance can be a very irritating and disturbing occurrence, with excessive levels of noise affecting the quality of life for many individuals and families across the UK. There are legislations in place to deal with cases of noise nuisance, considering all types of cases such as music, parties, construction and machinery noise, as well as various other noise nuisance issues. Permitted Noise Levels The level of noise allowed for different activities can vary, depending on numerous factors, and being unaware of laws or permitted noise levels is not a good enough excuse. It is the responsibility of the individual…

It may seem very appealing to you to write your own will but there are many options for people across the UK to take, in order to help with the creation of their will, and a good will writing service is certainly one of the best and most popular methods. Paying a sizeable fee may be worthwhile when looking to create your will as it will lead to you possessing a good quality will to be used in the future. A cheap, will writing company may not be the best option to take, despite still providing you with a working…

Before you can be eligible to apply for a British passport, you first have to hold British citizenship. British citizenship is generally obtained through the process of ‘naturalisation’. You would need to apply to the Home Office to become a British citizen, providing evidence that you meet the eligiblity criteria. It is important to note that naturalising as a British citizen does not guarantee you a British passport. Factors such as any court orders or bail conditions against you may affect your chances of securing a British passport. Some local councils offer a ‘joint citizenship and passport application service’, where…

Individuals aged 18-64 applying to settle in the UK via indefinite leave to remain or British citizenship must first pass the British citizenship test – also known as the ‘Life in the UK test’. The British citizenship test is designed to assess settlement applicants’ proficiency in the English language and knowledge of UK life – covering topics such as the culture, politics, geography and history of Great Britain. You have to pass the Life in the UK test before you can progress your application for British citizenship. British citizenship test – what is involved? You will have 45 minutes to…

Brexit looks like it is shaping up to be a complicated process. The UK not only has to agree the terms by which it will withdraw from the EU, it also has to shape its future relationship with the EU. One of the many (challenging) aspects of the Brexit process, is reshaping UK laws to reflect this new reality. The UK government is currently in the process of preparing the “Great Repeal Act” to repeal the European Communities Act 1972. This will both close the channel by which EU laws become absorbed into UK law and also (theoretically at least)…