Kent Solicitors

Where a Consent Order makes provisions for a pension sharing order against a pension already in drawdown, the policyholder must be aware of the date the pension credit becomes effective e.g. the date of Decree Absolute or 7 days after an effective appeal to avoid over paying any ongoing maintenance to spouse

Labels: maintenance pension sharing orders

Marriage automatically revokes a Will made prior to the date of the marriage, unless specific provision is included that the Will is made "in contemplation of marriage". This must be very specific, ie with the name of the intended spouse and the proposed date of the Wedding.

A Will may be partially revoked by divorce, annulment of a marriage, or dissolution of a civil partnership. The action causes the parts of the Will referring to the former spouse or civil partner to lapse.

The current position in England & Wales, where a divorced person dies leaving a Will that refers to his former spouse who survives him is as follows:-

* any reference to the former spouse as a legal personal representative or trustee, is ignored

* any legacy or devise given to the former spouse lapses

It is important to make a Will when the parties first separate, as until the Divorce is finalised, gifts to the spouse will still be valid. Many people consider waiting until their Divorce is final before considering the Will, but if they die before the decree absolute is granted, the estranged spouse could end up with everything! It is unlikely that they would want this to happen.

Labels: wills marriage revoke

What constitutes abandonment of a rented property? It must be clear and unequivocal, that is, notice of surrender served on the landlord and keys returned.

If the tenant has not taken such steps the landlord must take care when determining whether he has the right to re-enter and re-let the property without an order for possession.

The landlord cannot assume that the tenants absence means he has abandoned the property, even if he has stopped paying the rent. He may be in hospital, prison or on an extended holiday.

Labels: landlord tenant abandoned possession

A landlord may not re-enter and take possession of an apparently abandoned property unless it is clear that the tenant has surrendered the tenancy or the landlord has obtained an order for possession. The landlord risks both civil and criminal proceedings if he does so. It is not enough for the tenant to cease paying rent and/or appear to have moved out of the property.

Labels: landlord, possession, surrender, tenant

Landlords, what do you do if your tenant disappears owing rent, or, heaven forbid, dies whilst in your property, leaving you with no family or other contact details?

It is prudent to consider asking all new tenants to complete a short personal information form, including next of kin and employment details. This will give you a starting point to trace your missing tenant or notify his next of kin of his demise.

Labels: landlord tenant disappear rent arrears