Archive for June, 2011

Assets, divorce & future earnings

Future earnings and divorce

A recent Court Of Appeal decision makes it clear that whilst there are many factors the courts must and in some cases must take into account in determining finances between divorcing parties, one factor which cannot be considered to be an asset is the future earning capacity of the parties at the time of the marriage.

Undue Influence – a new case

Challenging a will – not easy

Aside from dependency claims based on being a close relative qand having a financial need for provision which has not been taken into account in a will, it is not easy to convince a court in England & Wales that a testator has been unduly influenced.

In a recent High Court case, Leigh Crowdery failed to convince the court that her elderly grandmother had been unduly influenced by a 40 year old male neighbor, who she befriended. The Judge found on the evidence that the testator knew exactly what she was doing and had the legal right to exclude her granddaughter from inheritance.