What do you do if you are the executor of an estate, and a family member decides to bring a claim? An Executor has a duty to defend family provision claims brought against the estate. Their duties will depend on the nature of the legal proceedings but may include: 1. Contesting the claim on the...
Many of our firm’s clients are small business owners who give personal guarantees as a necessary means of obtaining finance. Often we also see parents giving guarantees on behalf of their children so that finance can be obtained to enter the property market. A personal guarantee is a very serious commitment which can have catastrophic...
The threat of potential claims against an Estate may arise fairly quickly after someone passes away. A potential claimant may approach the executor quite soon after the death of the deceased claiming they have been left out of the will wrongly or that the provision made for them in the will is insufficient. Negotiations can...
In this modern age of social networking, websites, and other methods of instant communication, many companies regrettably put the importance of a good reputation to the back of their minds while they attend to day-to-day operations. The reputation of a company is essential to its survival in that it increases corporate worth and provides sustained...
When disputing parties have exhausted all avenues to negotiate a resolution, the only options are walking away, or going to court. Many choose to walk away. But if you go to court? What powers does the court have to change the situation? Rod Berry, head of AV’s disputes practice, explains some of the remarkable powers...
Deeds of Release are one of the most adaptable documents in any legal tool box. They can be brief but carefully targeted to either bring a dispute to an end or prevent one from arising. A Deed of Release can represent a settlement ‘deal’ between two parties and it is more than prudent to ensure...
