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Michelle Hayter
 

How to contest a will

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Can you contest a will? Michelle Hayter talks about grounds for contesting a will, how long you have to contest a will, and who pays for contesting a will? Also whether you can contest a will after probate, and recommended solicitors for contesting a will in Bournemouth, Poole and Christchurch.

What type of disputes can a solicitor help to resolve?

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A short video article featuring Sarah Nineham, Dispute Resolution Associate, explaining what types of disputes a solicitor can help to resolve. ...

How to avoid a construction dispute

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It is not unusual for disputes to arise in markets as competitively and financially demanding as construction and engineering. On even the best managed projects, commercial relationships can break down. Our Dispute Resolution Team are experienced in...

The end of expensive boundary disputes?

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Neighbour problems, such as boundary disputes, can be notoriously difficult and expensive to resolve. Lengthy and expensive disputes This was highlighted recently in a case where a London family lost their £600,000 home,...

ToLATA - A guide for unmarried couples who are separating

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What happens when a couple who are not married but own a property together decide that they need to separate ? Most people are surprised to find out that the legislation that governs this situation is completely unrelated to the Family Law legislation,...

GDPR for landlords

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The General Data Protection Regulation (GDPR) comes into force on 25 May 2018. It forms the new standard for control of data, seeking to introduce higher and more stringent regulations upon those whose hold and process personal data. What data...

Welcome to the Family - Simon Immins joins the team

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Frettens Solicitors is delighted to welcome the latest Solicitor to join their ranks, as Simon Immins becomes a member of the firm's Family Team . Simon joined Frettens in April, having been a Partner at Turners Solicitors in...

Fitness for Human Habitation Bill

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2018 is likely to be a difficult year for lettings professionals in terms of keeping up with the legislation that is due to be finalised and passed. As well as new energy efficiency standards, GDPR, there is a Fitness for Human Habitation Bill, which...

New energy efficiency standards for privately let commercial property

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From the 1st April 2018, there will be a requirement for any properties rented out in the private rented sector to normally have a minimum energy performance rating of E on an Energy Performance Certificate (EPC). New tenancies and...

How do I challenge the validity of a will?

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This is a difficult subject for everyone, especially when it concerns family or close friends. Challenging a will is emotionally charged but you may realise after a loved one has died that they either changed, or wrote their will whilst suffering from...

Landlord fined for changing the locks

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A buy-to-let landlord has been ordered to pay just under £3,000 after pleading guilty to a charge of ‘harassing an occupier to give up the occupation of their premises’. The tenant had not paid their rent, so the landlord changed the...

Frettens Litigator Promoted to Partnership

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Frettens Solicitors are delighted to announce that Carl Geary has been promoted to become a Partner at the firm. Carl has been at Frettens since 2007, initially as a paralegal and then beginning a training contract, the final stage of qualification as a...

Unprofessional Landlords Exiting the Buy-To-Let Market?

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It is being reported in the property market that the number of people investing in the buy-to-let sector is falling at a rapid rate and many existing landlords are selling their properties. This is likely to be due to changes to tax relief that landlords...

Inheriting is not always straightforward

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It is fairly common for people to write their will so that they leave their estate (the sum total of their assets) to be inherited by their children when they die. Leaving everything to the grandchildren If that person has...

With no will, there is no way of knowing what will happen...

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When somebody dies unexpectedly, it is an awful and tragic shock for all those that care about them. Sadly, if that person did not make a will, dealing with the aftermath can be even more complicated, upsetting and expensive for their relatives and loved...

When copying becomes a costly business

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Images are freely available and easily searched using online search engines such as Google images. Given their ease of accessibility many Internet users are forgetting that photos are a type of intellectual property. This means that photos (at all stages of...

Property lettings - changes affecting a Section 21

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The Deregulation Act came in on 1st October 2015 and made changes which affect whether a landlord can serve a valid Section 21. All tenancies that began on or after that date, including renewals are affected. Statutory periodic tenancies are not if the fixed...

Collecting your business debts

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No business, large or small can survive without sufficient cash flow. Constant vigilance is necessary – below is a checklist to make sure you keep up to date with what your business is owed: As soon as an invoice becomes due...

Professional negligence claims

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This is a brief guide to the process of making a claim against a professional – maybe a surveyor, architect, financial adviser, accountant or solicitor etc. "People rely more and more on professional advice and have an increased awareness of their...

Contentious probate figures rising

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Ministry of Justice figures show that there has been a significant rise in the number of Wills being contested in Court. This is thought to be as a result of more family breakdowns and an increase in re-marriages, co-habitation and step-families. ...

Every residential landlord's worst nightmare

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Squatters. How do you prevent this happening? How do you remove them if it does? Don’t despair it is possible to evict squatters and regain your property. Squatters are people who do not have a right to be in your property. There is no legal definition...

Landlord's - avoiding and dealing with problems with tenants

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It’s been a boom time for the rental sector, 40% more people now live in rented accommodation than in 2006. Michelle Hayter , Dispute Resolution Partner says, "Arguably there has never been a better time to be a landlord but problems can...

Private sector rents on the rise

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Buy to let landlords were hit by the Chancellor’s plans to change mortgage tax relief in the summer Budget. George Osborne announced that the relief would be cut to 20% from 40/45%, which will be phased in over four years from April 2017. This fuels...

New rights for customers under the Consumer Rights Act 2015

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The new Consumer Rights Act came into force on 1st October bringing a raft of changes and making it easier for shoppers who receive faulty goods or bad service to get satisfaction. It also gives on-line customers new legal rights. The Act covers:...

Section 21 Notice Update

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The 1st of October brings important changes for landlords and agents to be aware of. We have outlined the basics below to keep you up to date with the new requirements. If this raises further questions for you, please get in touch with Michelle Hayter , who...

Landlords Beware - 1st October further changes. Are you ready?

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SECTION 21 NOTICES The Basics : For all tenancies beginning on or after 1 October 2015, landlords will not be able to serve a section 21 notice within the first four months of the tenancy. From 1 October 2018 this will...

Changes afoot - should tenants be able to sub-let?

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Rules on sub-letting in the Private Rented Sector (PRS) are clear – as a landlord you can simply refuse your tenant permission to sub-let. Most residential landords have a clause written into their rental agreement to this effect. An important reason...

Landlords not happy with immigration checks

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Landlords in the West Midlands became the first to operate the pilot scheme to make immigration checks before renting a property. This trial scheme started in December last year and a study conducted by ‘Property Let by Us’ has shown that nine...

Landlords must register deposits by June or risk a fine

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The Government have issued an amnesty for landlords who have not registered their tenants deposits in one of the official schemes, but this will expire on June 23rd and they may then face a hefty fine of £3,600 (based on an average deposit of...

The right to be forgotten - what is it?

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The European Union Court of Justice in May of this year ruled that members of the public who are worried about their privacy on line can ask Google and other search engines to remove sensitive links from their search results. However, search engines can...

Landlords responsibilities to check for illegal immigrants

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Under the new legislation contained in the Government’s Immigration Act 2014, private sector landlords are set to face hefty financial penalties if they do not carry out checks to ensure potential new tenants have a right to remain in the UK....

Landlords and the Tenancy Deposit Protection law

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Most landlords and agents are aware of the provisions relating to tenancy deposit protection under the Housing Act 2004. The Localism Act which came into force in April this year has sought to rectify some of the underlying problems with tenancy deposit...

Storm damage to trees, fences and property - who pays?

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Much of Southern England has been battered by storm force winds and heavy rain and many people have consequently suffered storm damage to their property. When a tree is uprooted in a storm and damages your neighbour’s property it is unlikely you will...

Dispute Resolution - What does it mean?

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Michelle Hayter , a Solicitor in our Dispute Resolution Team, is often asked why firms of solicitors now refer to their department as Dispute Resolution, as opposed to a Litigation Department. In response, Michelle says “The truth...

Impact of Small Claims Court limit rise to £10,000

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In April 2013 the Small Claims Court limit rose from £5,000 to £10,000. The Ministry of Justice decided on the increase, which may soon rise to £15,000, as part of a radical shake-up of the civil justice system. The Ministers believe that...

Eviction of tenants reaches 5 year high

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It’s recently been stated in the Telegraph that the eviction of tenants from rented properties has reached the highest level in five years. Dispute Resolution solicitor Michelle Hayter says, “We have certainly seen an increase in...

Hampshire Woman awarded £700,000 Will damages

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Mrs Lorraine Feltham from Fordingbridge, head of a property letting company, has sued her step-grandmother’s lawyer for failing to change the 90 year old’s will in her favour, saying that it has cost her more...

Disputed wills on the rise

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Contentious probate cases have risen sharply in the last few years. This may be due to people having a better knowledge of their rights and entitlements and also to the increasing numbers of second and even third families. It is becoming more common for...

A landlord's obligations

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It is estimated that there are close to a million buy-to-let landlords in the UK and there are strict regulations which landlords must be aware of and adhere to. Michelle Hayter , of our Dispute Resolution Team, says “Most residential...

Phoenix Companies and insolvent trading

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Phoenix companies have suffered from a bad reputation in the past, when directors have deliberately forced their companies into liquidation in order to buy back assets at a reduced cost. At the same time they were able to absolve their responsibility for the...

Contesting a Will on grounds of mental incapacity

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This is a difficult subject for everyone, especially when it concerns family or close friends. Challenging a Will is emotionally charged but you may realise after a loved one has died that they either changed, or wrote their Will whilst suffering from...

Small claims limit increased to £10,000

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As from April this year the current small claims limit of £5,000 has been increased to £10,000 and it is possible that the Government will increase this further in the future to £15,000. Cases dealt with on the small claims track will now...

Commercial Debt Recovery

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Protecting cash flow is vital for the survival of any business and pursuing unpaid debts to your company is frustrating and time consuming. An unpaid bill can very quickly become an irrecoverable debt unless help is sought. Asset recovery is a process that...

How do you contest a Will?

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A will is a legally binding document setting out a person’s instructions, wishes and bequests but there are several reasons whereby a will may be challenged including : • The will was not made in accordance with the law and is therefore invalid ...

Business Partnership Agreements

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There are many issues to be considered before going into partnership and the importance of having a Partnership Agreement in place before you open for business cannot be stressed too highly. If you don’t set out your rights and responsibilities in a...

Litigant in person beware

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There has been an escalation in the number of Litigants in Person – or Self Represented Litigants (SRLs) in recent times due to rising costs and cuts in public funding. Any individual is entitled to represent him/herself in court proceedings, but in...

The Jackson Reforms - removal of Conditional Fee Agreements

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In April of this year we will see some of the most dramatic reforms to civil case funding being implemented for over 10 years. These changes have been dubbed the ‘Jackson Reforms’ and are part of Lord Justice Jackson’s review into the...

Landlord's remedies for tenant insolvency

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These are difficult times and many landlords are finding their tenants are having difficulty paying their rent . Where does this leave you as a landlord? It is possible, but by no means certain, that you can agree to a temporary reduction in rent for your...

Disputed wills on the rise - Video article

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A short video article featuring Michelle Hayter , Dispute Resolution Partner talking about the rise of disputed wills . For a free initial meeting, please call 01202 499255 and Michelle or a member of her team will be happy to discuss...

Tenancy Deposit Protection Warning for Landlords and Letting Agents

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On 6th April 2012 changes to the legislation were enacted via the Localism Act allowing landlords and letting agents more time to protect a tenant’s deposit. The changes now mean that landlords and letting agents have 30 days to protect their...

Disputes between landlords and tenants

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No landlord or tenant wants to be involved in a dispute over a residential property as these can quickly escalate into costly and protracted legal conflicts. Most disputes can be divided into three main categories: Non-payment of...

FAQ - Inheritance Disputes

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Michelle Hayter is a solicitor specialising in helping people to make a claim to dispute an inheritance and to take action when they feel that a will has not been made properly. Here, she answers some common questions. Q: What is meant by an...

Preventing squatters - a landlords guide

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A landlord’s worst nightmare – visiting your property and finding it unlawfully occupied by squatters. What can you do to avoid this happening? If your property is currently unoccupied, try and give the appearance that...

Evicting Squatters

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Squatting is when someone occupies an empty or abandoned property without the permission of the owner – often without his knowledge and without any legal right to do so. The Criminal Justice and Public Order Act 1994 criminalised violent or forced...

ACTAPS Accepts Frettens Disputed Wills Specialist

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Michelle Hayter , Dispute Resolution Partner at Frettens Solicitors, has been accepted as an Associate Member of The Association of Contentious Trust and Probate Specialists (ACTAPS). Very few solicitors in this area specialise in handling contested wills...

Family disputes over legacies left to charity

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People are free to leave their assets to beneficiaries of their own choosing under UK law. However, this is subject to some safeguards including claims under the Inheritance (Provision for family and Dependants) Act 1975. Michelle Hayter , specialist...

Debtors that don't comply with court judgements - a lost cause?

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In this difficult economy, it is more important than ever to keep a firm grip on expenditure. Taking the decision to commence Court proceedings against a debtor is therefore for most businesses, not one which is taken lightly. Sometimes however, this is an...

Frettens Litigator Wins High Court Case

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On 28th February 2011 a judgment was formally handed down in the High Court in a case which had attracted national press attention because it surrounded the Will and Estate of the late Paula Beken, the wife of the late Keith Beken, a famous photographer...

Boundary Disputes

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Boundary disputes between neighbours are very distressing as it usually means that normal neighbourly relationships have broken down. Common causes for disputes are new extensions and overlapping walls or fences. If a dispute arises it is first...

What is professional negligence?

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Professional negligence falls under the umbrella of the English law of tort. General rules rely on establishing that a duty of care is owed by a defendant to the claimant, and the defendant is in breach of that duty. Councils have a duty of care to ensure...

Advice for Landlords: Tenancy Agreements for Student Lets

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At some stage, most students move from halls into private accommodation and if you are renting as a private landlord, you should have a tenancy agreement prepared by a solicitor. As the landlord, you will usually be responsible for...

Dealing With Tenants That Don't Pay Rent

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During the last two years of economic difficulty, many commercial Landlords have had difficulty with tenants who have been unable to pay their rent. These are the options available to Landlords in this position: Distress is where the Landlord seizes...

Recovering a debt with a statutory demand

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A statutory demand is a way of recovering money that is owed to you. It is a written request for payment, either to a business or an individual and should include: The amount to be paid When payment must be made...

How do I... Dispute a Will?

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Wills are fertile ground for legal contests. The law lays down technical requirements for executing a valid will. Unhappy potential beneficiaries have numerous ways to attack the validity of a will in court. Commonly, people who were not...