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What if I was promised something which isn’t contained in the Will?

If the testator promised you something during their lifetime which they said that you would inherit on their death, but then this was not provided for in their Will, you may be able to bring a claim known in legal terms as either proprietary estoppel or promissory estoppel.

You must be able to show that the testator made you a promise during their lifetime, that you relied on that particular promise and the reliance that you placed on the promise was to your detriment.   You can find more details above in the FAQ – How long do I have to contest the validity of a Will?

Related FAQs

Can we require employees to have their temperatures taken on the way in to work, and is this something we should be doing?

If such testing is regarded as a “reasonably practicable step” which has been identified as an appropriate control following a risk assessment then it is something you can do.

Although you can’t physically force someone to have something intrusive done, this is very likely to be a reasonable management instruction and therefore if someone refuses to have this done as a condition of entry into the work place then disciplinary action may follow.

Where this is something that is required of employees, employers should be letting their staff know that this is one of a number of measures that are being introduced into the workplace for their own safety. If the employer can explain, in advance of the return, why temperature checks need to be taken, what the consequences of the results will be- i.e. will they be sent home if over a certain temperature, whether this data will be stored (and if the sole purpose is to determine whether or not they are fit to attend work on a particular day then why are they being stored), and the fact that temperature checks are a requirement of entry to company premises for everyone, then there shouldn’t be significant resistance to this measure.

Large scale temperature checks have in some businesses become part of the “new normal” working environment.

How much do I have to pay to make a claim?

We can deal with most claims on a No Win No Fee Basis. This means that we only get paid if we win and you are awarded compensation.

Are there alternatives to divorce?

Divorce is the main way to legally recognise that a marriage has come to an end. It allows the court to separate a couple’s finances and once granted, the parties are legally separate and able to re-marry again in the future.

Annulments are sometimes an option. Whereas divorce ends a marriage, annulments declare the marriage was not valid in the first place. The grounds for seeking an annulment are very fact specific (such as a lack of consent to marriage) but if it is granted, the parties are separated and it is as if they were never married. The court can however make financial awards similar to those in divorce proceedings after an annulment.

Sometimes couples may not wish to divorce but want legal recognition that they have separated. In such circumstances, they may consider a Judicial Separation. This grants the court powers to make some financial orders similar to those it can make on a divorce (such as spousal maintenance) but not all orders (such as pension sharing). With a Judicial Separation, the parties remain married so they cannot remarry and either party may seek a divorce at a later date.

A final option is to separate but not obtain a divorce. The court will not make any awards so the parties remain married but the parties can enter into a separation agreement regulating their finances. However, if either party seeks a divorce in the future, the court is not bound by the separation agreement and may decide to regulate the couple’s finances in a different way than was previously agreed.

How do I access the scheme?

Those who are eligible will be contacted directly by HMRC based on tax returns they have received. If you are eligible you will be asked to fill out an online application. HMRC will pay applicants directly.

Can I still progress with stopping up applications?

We are working with many of our clients to progress with stopping up applications in order to divert/stop up highways and public rights of way affecting development sites. Due to lockdown restrictions the Department for Transport stalled the progress of applications because they were unable to comply with the statutory publicity requirements. We have very recently been contacted by the Department for Transport casework team who have confirmed that the stopping up/diversion applications can now be progressed. We are aware that Councils across the country are also now progressing with applications. Please contact us if you require any advice/assistance in respect of your application.