How can I tell if the correct procedure was followed when the Will was executed?

The Government announced on 22 June 2020 that it would be making provisions to enable planning permissions that have lapsed since 23 March 2020, and those that are due to lapse before the end of 2020, to be automatically extended.
The Government’s detailed proposals are set out in section 17 of the Business and Planning Act 2020, which entered the statute books on 22 July 2020. If a relevant planning permission is subject to a condition which requires the development to be begun no later than between 19 August 2020 (when section 17 of the Business and Planning Act 2020 will come into effect) and 31 December 2020, the condition is automatically deemed to instead provide that the development must be begun no later than 1 May 2021.

The Act also makes provision for any conditions requiring development to be begun between 23 March 2020 and 19 August 20202 to be extended to 1 May 2021, although this is not automatic. Where the provisions have such retrospective effect, an application is required to the local planning authority. The local planning authority are only able to grant approval, however, if they are satisfied that any EIA and habitats assessments continue to be valid. Deemed approval provisions will apply if the local planning authority do not determine any application within 28 days. The local planning authority are not able to approve such applications after 31 December 2020 so applications should be made in good time in advance of this date. There is the possibility of an appeal against the local planning authority’s decision but notice of the appeal must be submitted before 31 December 2020.

The Act includes similar provisions in relation to both detailed and outline planning permissions.

Workers who have not taken 20 days holiday entitlement due to Covid-19 can now carry it over into the next 2 leave years. It only applies where it was not reasonably practicable for a worker to take their annual leave due to the coronavirus.

In most circumstances, grandparents do not have an automatic legal right to see their grandchildren. They can, however, ask the Court for permission to apply for a Child Arrangements Order which will set out who the child is to spend time with. When deciding whether to grant permission, the Court will consider the nature of the proposed Application, the grandparent’s connection with the children and whether the application would disrupt the child. A successful permission Application will not automatically mean grandparents will get an Order to see the children, but it is the first stage of the 2 stage process completed.

If permission is granted, the Court will then determine the Application for a Child Arrangements Order. The Court will consider the welfare checklist (https://www.legislation.gov.uk/ukpga/1989/41/section/1). The children’s best interests are the Court’s paramount consideration. The Court will take into account any hostility between the parents and the grandparents and consider whether there is any risk of emotional abuse to the children by being caught in the middle of an adult conflict.

If possible, any disagreements regarding grandparents seeing their grandchildren should be resolved through mediation, family therapy or any other alternative dispute method before the Court process is utilised. Grandparents should also be aware that although they will want to see their grandchildren as much as possible, this must be balanced against setting contact at a realistic level which is workable for the children in the circumstances of the case.

Changing to shift working may give employers the opportunity to change hours / pay whilst also focusing work when it is needed. Like the other provisions, this should be done fairly, either across the board or by selecting teams/individuals based on objective business reasons. Imposing without agreement would create significant risk, therefore would require fair selection and consultation.

Spousal maintenance (also known as periodical payments) means regular income payments to support a former husband or wife. Spousal maintenance may be used to assist in achieving a fair outcome on divorce, nullity or judicial separation. The court will take into account the principles of needs, compensation and sharing when determining whether spousal maintenance is required.

A spousal periodical payments order is a continuing obligation for one party to pay the other a weekly or monthly sum. In some cases, periodical payments can be secured by a capital deposit, where the paying party makes an upfront payment into a fund; the money in the fund is then used to pay the party receiving the payments. In financial proceedings the courts in England and Wales have a wide discretion as to how they deal with each case, and it will consider the individual facts of each case when determining the duration and amount of any spousal maintenance it thinks should be paid.

Spousal periodical payments may be made for such term as the court thinks fit. The term for which spousal periodical payments are made can be extendable or non-extendable. If the term is non-extendable, the court can direct that the party receiving the payment may not apply to extend the term of the order. If the term is extendable, there must be ”exceptional justification” for the term to be extended.

Regardless of the duration of any spousal maintenance order, if the party receiving payment remarries or enters into a civil partnership the payments will usually cease.

Spousal periodical payments will stop if either party dies, unless they are secured periodical payments, in which case they will only stop if the party receiving the payment dies. If the paying party dies, the secured periodical payments will continue to be paid to the surviving party out of the capital deposit that was paid by the deceased party at the outset.

Spousal maintenance can be a complex area of law and therefore if you wish to discuss this further we would advise that you speak with one of our specialist matrimonial solicitors.