Latest News

Helpful advice and company news from Barker Gotelee.

Forged Will case shifts burden of proof

In the recent forged will case of Face v Cunningham, the Judge challenged the conventional wisdom that the burden of proving that a Will is forged falls on the person alleging the fact (on the balance of probabilities) and that convincing evidence is required. In Face v Cunningham, the Judge referred to the formal requirements […]

Tier 4 will not stop court business

HMCTS has insisted that courts in Tier 4 areas of England will continue to remain open despite the increased restrictions to combat the new variant of COVID-19. Around 17 million people in London and across large parts of the south east were put into Tier 4 on 19 December after the discovery of a new […]

Brexit transition and divorce

As the clock ticks ever closer to the end of the Brexit transition period at 11pm on 31 December 2020, separating couples with links to an EU member state may need to act sooner rather than later. Following the UK leaving the EU, rules governing where a divorce petition can be issued are changing.  Currently, for example, […]

Appeal challenges established test for testamentary capacity

A recent High Court case has many asking: has the established test for testamentary capacity had its day? In the case of Clitheroe v Bond, heard by the High Court earlier this year, Susan Bond was successful in arguing that her mother’s 2010 and 2013 Wills were invalid because her mother lacked the mental capacity […]

1 2 3