To have the body The Latin phrase Habeas Corpus means “to have the body”. When granted by a court, the ancient writ of Habeas Corpus provides the remedy that a person being unlawfully detained be released. Although the existence of the remedy dates back to English Law and has been used in relation to the... Read more »
It is with great pleasure and enthusiasm that we announce the merger of Adelta Legal and Alderman Redman Family Law. With a combined experience of over 100 years of legal advice we are bringing these two pre-eminent firms together. The new firm will be known as Adelta Legal, incorporating Alderman Redman and will begin... Read more »
In my practice, it is not uncommon to come across clients who do not know how their most important assets are dealt with upon their death. The most common example of this is the family home. Joint Tenants vs Tenants in Common A husband and wife generally own the family home in both of their... Read more »
Challenges to Wills based upon an alleged want of knowledge and approval seem somewhat of an ugly step-sister. Not popular, possibly not very well understood and certainly rarely written about. This paper attempts to shed some light on this unloved area of estates law and to explore the relationship between the complexity of a Will and the likelihood that a Court will find that a testator knew and approved of its contents.
What Happens if You Die Without a Will – Intestacy If you die without a valid Will your estate is distributed according to the rules set out in section 72G of the Administration and Probate Act. These rules provide that: If you have a spouse but no children, then your entire estate passes to your... Read more »
In a recent decision of the United States District Court for the Western District of Oklahoma, a temporary restraining order was granted preventing an amendment to the constitution of Oklahoma which would have prevented State courts from relying upon any international law and specifically Sharia (Islamic) law in their decisions.
While most people are aware that a Will may be challenged if the deceased was of unsound mind, drunk or acting under duress, it is not commonly known that the majority of Wills litigation involves Wills which are entirely valid.
When you marry or re-marry there are a few things that you should know regarding your will. A will is cancelled by marriage unless it is expressed to be made in contemplation of that marriage. A will is not cancelled by divorce, but the following occurs: an appointment of the former spouse as executor is... Read more »