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Helpful advice and company news from Barker Gotelee.

High Court confirms legal test when judging capacity to make a will

The High Court has recently confirmed the correct legal test to applied when a court considers whether a testator (a person who makes a Will) had capacity to make a Will where this is disputed. In James v James [2018] a son challenged his late father’s capacity to make a Will (at the age of 79) that […]

Landmark Supreme Court ruling concerning a landlord’s ability to resist on the grounds of an intention to redevelop a business tenant’s claim for a lease renewal

The Supreme Court has recently made an important decision relevant to both landlords and tenants of commercial premises. The background to the case was discussed in our previous article here. In brief, the landlord put together an artificial scheme of works specifically to show an intention to redevelop that would defeat the tenant’s claim to […]

The ending of financial obligations upon divorce

It is a common misconception that when parties divorce, their financial obligations come to an end. This is most definitely not the case. When two people get married, a financial relationship is created. Upon divorce, the financial relationship must be brought to an end to create legal finality by way of a Financial Remedy Order […]

Have you moved into the farmhouse and rented out your former home?

It’s commonly part of a farming partnership’s succession planning for one family to move out of their home and into the farmhouse, in order to oversee farming operations. For those who have done that and who are now renting out their former home, the Chancellor is removing a valuable capital gains tax relief, worth up […]