What is Probate?

Commercial partner Damien Charlton explains the basic principles of force majeure, and how they are relevant in the current extreme circumstances caused by the Covid-19 pandemic.

Yes. The Land Registry published a new service update on 14 May, here:

https://www.gov.uk/guidance/coronavirus-covid-19-impact-on-hm-land-registrys-service

Importantly, the Land Registry will process registrations where documents have been executed using the Mercury signing approach:

For land registration purposes, a signature page will need to be signed in pen and witnessed in person (not by a video call). The signature will then need to be captured, with a scanner or a camera, to produce a PDF, JPEG or other suitable copy of the signed signature page. Each party sends a single email to their conveyancer to which is attached the final agreed copy of the document and the copy of the signed signature page.

To summarise some further points:

• Most information enquiries are experiencing minimal delays
• Registrations of new titles, such as on sales of part or new leases, and applications to update existing titles, are experiencing more significant delays but can be expedited via the expedite service
• Cancellation dates for replying to requisitions are extended until further notice
• Access to free documents on the land registry portal has been extended to 90 days from completion of the transaction
• Identity requirements have been relaxed. The Land Registry will now raise a requisition for identity documents, and not cancel applications
• Requests for extensions to a notice or objection period will be granted if lawfully possible
• Land charges searches can be submitted electronically with PDF documents

It is  possible for anybody to challenge the validity of a person’s Will.  In reality it is usually the case that challenges are only brought by people who would benefit under an earlier version of the Will  and as such, it is often only people with a financial interest under previous Wills who seek to bring claims which challenge the validity of a Will, or people who would be financially better off if there was no valid Will and the intestacy rules applied.

The position is different in relation to claims under the 1975 Act, where there is a specific list of people who are eligible to apply for an order that a Will does not make reasonable financial provision for them.  This includes spouses, former spouses, children, cohabitees and people who were being maintained by the deceased.  More information can be found at below in the FAQs relating to financial provision.

Statutory leave includes family related leave, sick leave or parental bereavement leave. Claims for furloughed individuals returning from statutory leave should be based on their salary, before tax, and not the pay they received while on statutory leave.

Similarly, claims for furloughed employees returning from a period of unpaid leave on sabbatical should be based on their pay they would have had on paid leave.

The vast majority of disputes settle without ever reaching a final hearing with something in the region of 2-5% of all cases actually ending up in court at a final trial.  So whilst it is very unlikely you would need to attend a court hearing, it is always a possibility.