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Please treat the contents of our blogs as general guidance only. Please do not take any action based on their contents unless you have sought specific legal advice. Brethertons cannot accept responsibility for any errors or inaccuracies, loss or damage in circumstances where there is no formal retainer between us and we have not given you personal and specific advice relating to a matter for which you have given us full background details.  You must also bear in mind that the contents of our blogs are based on English Law, and because they contain archival material, that material is likely to go out of date. Therefore, it is important to consider the date that the blog was posted. Please also remember that the laws may differ in different Jurisdictions.

Brethertons marks 215 years with exciting expansion plans

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Brethertons: Celebrating 215 Years of Heritage with Exciting New Growth As we celebrate Brethertons 215 year anniversary, we are delighted to share details of our geographic expansion. Bloxham Office: Now open and here to support you We are pleased to...

Executors' Litigation Costs- Who Pays?

David Richards
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The general position is that costs incurred by the executors will come from the estate.  However, the Court has discretion as to how the costs are to be awarded. That remains the position regardless of the general position concerning executors. As a...

Strengthening leaseholder protections over charges and services: Brethertons Solicitors discusses the key changes

Roger Hardwick
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The prospect of leasehold reform has been bubbling away for some time now. It reached a crescendo last year, with the Leasehold and Freehold Reform Act 2024 receiving royal assent on 24th May 2024, in the “wash up”, before the dissolution of...

Who has the right to dispose of the deceased's estate (creditor's revenge)?

David Richards
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The position with many estates is straightforward. Where an individual has drafted a Will and has named the people that he or she wants to administer the estate, as long as those people agree to undertake that duty, they would have responsibility. Those...

Property, Land and Broken Promises

Bethany Hoare
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The Equitable Doctrine of Proprietary Estoppel Proprietary Estoppel is a legal remedy used to resolve disputes when an individual has relied on a promise or assurance that either property or land will be transferred to them at a later time, but this promise...

Rectifying an inaccurate portrayal of a Testator's wishes

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A last Will and Testament is one of the most important documents that an individual leaves behind when they die. It provides a representation of their wishes in relation to their Estate. Unfortunately, due to several factors there are circumstances when a...

Tracking Regional House Price Trends: Q1 2025 Insights from Brethertons Solicitors

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Property values are a vital indicator of both personal financial health and the broader economy. Shifts in house prices can influence everything, from mortgage availability and buyer demand to long-term planning and investment confidence. With this in mind,...

How can I celebrate Wielkanoc when I am based in Poland and my child is based in the UK?

Monique Wagner
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If you are seeking international contact with your child who is based in England, you can apply for rights of access via Article 21 Hague Convention. Both Poland and the United Kingdom are signatories of the Hague Convention. The issuing of an Article 21...

Mirror Will or Mutual Will

David Richards
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Although they sound similar there are very significant differences between these types of Will . In particular there are very serious implications if a Will has been drafted that is subsequently interpreted by the Court as a mutual Will. As such it is...

The Elephant in the Room - what happens now...soon...next...and in the future?

Sarah Horton
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I recently watched the Martin Lewis Money Show Live, which aired on 11 March 2025, wondering what general ‘advice’ he would give to the nation about “death, divorce and dementia”. Largely, I thought his ‘advice’ was...

Navigating Family Disputes

David Richards
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Family disputes over probate can be emotionally driven, and they often escalate due to long-standing conflicts or unresolved grievances. A family member’s death can amplify these issues and result in legal battles. When a loved one passes away, the...

How To Make a Will

Sarah Horton
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To us lawyers who write Wills all the time, this seems a simple question, however, when we really think about how the process of writing a Will starts, a lot of thought needs to go into the answer! The first thing to do is some research, which has...

The Right to Manage: Coming to a block near you?! What does the Leasehold and Freehold Reform Act 2024 mean for you

Abigail Laborero
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From 3 March 2025 , certain provisions of the Leasehold and Freehold Reform Act 2024 (LAFRA 2024) come into effect, making the right to manage process both cheaper and more accessible for buildings as part of the Government's aim to level the playing...

Leaving an Abusive Relationship

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If you are experiencing abuse at home, it is important you take measures to ensure you stay safe, especially when ending the relationship. Although the Court can offer protection against an abuser, it can sometimes take some time before a final Order is...

Types of Hearings in Children Act 1989 Proceedings

Caitlin Lovell
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Children Act 1989 proceedings involve several different types of hearings which each serve a specific purpose in the family court process. The main types of hearings are as follows: First Hearing Dispute Resolution Appointment (FHDRA) A First Hearing...

Brethertons Celebrate National Apprenticeship Week 2025

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This week we celebrate National Apprenticeship Week. This is a perfect time to reflect on the incredible journey I’ve had so far as a Paralegal Apprentice at Brethertons. I’m Georgia Eaton, and I am currently enrolled in the Level 3 Paralegal...

What is a CAFCASS Safeguarding Letter?

Caitlin Lovell
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Within Family Law proceedings, it is usual practice for CAFCASS to be instructed to complete a safeguarding letter. This is usually ordered upon the court considering the C100 application made by the issuing party at the start of the proceedings. CAFCASS...

What is a Specific Issue Order and a Prohibited Steps Order?

Amelia Morley-Smith
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A Specific Issue Order and a Prohibited Steps Order are Orders made by the Court within Section 8 of the Children Act 1989 Proceedings. A Specific Issue Order can help parents resolve a disagreement they may have on a particular matter. Examples of matters...

What is a Child Arrangement Order?

Amelia Morley-Smith
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A Child Arrangements Order is an Order, made by the Court, within Children Act 1989 Proceedings. The order can set out where a child is to live and whom the child is to spend time with. When should I apply for a Child Arrangements Order? Following the...

Caveats a Warning and Caution- What You Need to Know

Josh Hayward
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The Ministry of Justice (MOJ) recently announced that more than 10,000 applications to enter a caveat were made in 2023. This is an increase of 14% since 2022, and an increase of 43% since 2019. This highlights the growing number of inheritance disputes,...

Business Assets on Divorce- Practical Considerations

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Often, during a marriage, both spouses will be part of the family business. Sometimes both will play an active role in the day-to-day running of a business, and sometimes one spouse may take a minor role, or be part of the business, only for tax efficiency...

Business Assets on Divorce- Single Joint Experts

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Getting the value of a business right in matrimonial proceedings is essential, as is understanding the nature of the business, its assets, and its overall liquidity. Without this crucial information, a deal may be reached which leaves one party at a...

Changes to the SDLT Thresholds

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Stamp Duty Land Tax (SDLT) is a tax applied on the purchase of property in England and Northern Ireland and so forms a part of the work we undertake as part of your purchase. SDLT is charged at different rates depending on the purchase price of a property. ...

My partner has taken my child From France- What can I do? French Version

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This is the French version. If you would like the English version you can view it here . En France, lorsqu'un couple se sépare ou divorce, les deux parents continuent d'avoir des droits et des obligations envers leurs enfants, connus sous le...

My partner has taken my child to the UK - What can I do?

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In France, when a couple separates or goes through a divorce, both parents continue to have rights and obligations towards their children, known as “autorité parentale” or “parental authority”. This means that both parents have...

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