If you have been involved in a serious accident, which was not your fault, which has caused injury, there are two types of damages that you can claim.
These are called General Damages and Special Damages.
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One of the most difficult aspects when choosing a solicitor is having trust and confidence in them. Where do you start and how do you make the right choice?
If you have been involved in an accident which was not your fault, there are two types of damages which you can claim for.
These are General Damages and Special Damages.
Do you know what your rights are?
We are often contacted by tenants whose rented accommodation is in disrepair, and they need advice about what to do
When you decide to have work done on your home, time is spent considering what sort of work is required, who should do it and how much you can afford to pay
One of the most valuable assets to us is our home.
If you own a property, you need to ensure that it is taken care of and that there are no issues which could result in the property being worth less than market value
Leasehold properties, regardless of length of term, will usually make provision for the Landlord, or Freeholder, to charge a service charge for the services the Landlord is obliged to provide under the terms of the lease
October 4 /
Litigation
Property Disputes and Joint Owners – What happens when one owner wants to sell?
We are often contacted by clients who own a property with a partner or spouse however that relationship has broken down and they wish to move on. Often they will want to sell the property but the other owner refuses and wants to stay in the property.
When someone close to you dies it can be a difficult time, both emotionally and practically. If that person has left a Will, you may find that you have been appointed to act as one of the executors.
It is the duty of an executor to properly distribute the deceased’s property, goods, and money (the deceased’s “estate”) in accordance with the terms of that person’s Will, in the interests of those who benefit from that Will (the “beneficiaries”) and to pay the deceased’s debts and expenses.
It can arise that one of the appointed executors is not acting as they should perhaps, for example, by holding on to property that should be sold, preventing the other executors from selling it, or by creating serious delay, preventing the estate from being administered.
If that is happening then it must be resolved because you, as one of the executors, have your duties to perform.
Such a scenario occurs more often than most of us are aware. You will not be on your own in this experience.
Sometimes it can be resolved amicably, and this is to be encouraged, either informally, or through some sort of dispute resolution process, such as mediation. The executor concerned may agree to stand down, allowing the others to proceed.
That said, it is not always possible to resolve the problem in that way.
What then can you do? You can apply to the Court for an Order that the misbehaving executor be removed and, perhaps, be substituted for someone else.
A Court will only remove an executor if it is in the interests of the proper administration of the estate, and promotion of the welfare of the beneficiaries, to do so. Beyond that, there is no specific requirement that must be satisfied. It is for the Court to decide on the facts, whether it is the best course of action.
If applying to remove that executor is the best course of action then you should at least be able to recover the costs, of taking that course, from the estate or, if the Court grants your application, the misbehaving executor may be ordered to pay your legal costs.
Obtaining initial legal advice is a wise step. At Maxwell Hodge, in addition to advising you on the best course of action, our Team can assist with arranging mediation, preparing paperwork and representing you. We tailor our services to suit you. Our aim is that you get the best outcome for the estate, so contact us today to discuss.
Despite our best of intentions, and no matter what systems we have in place, difficulties can occur, giving rise to conflict, both within the internal workings of our business and with third parties.
