Menu
Contact Us
payne v payne
image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

When another person or organisation has broken the contract between you to provide the goods or services in return for payment, you may have grounds for compensation or redress.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Our specialist Litigation team are on hand to help you with any queries you may have.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Our expert solicitors are here to support you with advice, outlining your options at the very first stages to ensure all possible objectives are reached.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

The Litigation team at Poole Alcock will advise you on the best route to take, depending on your tenancy agreement.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

At Poole Alcock we understand that you want to resolve any dispute cost-effectively and maintain good relations where possible.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

A company’s articles of association are of paramount importance; they are the key constitutional document setting out the basic management and administrative structure of a company.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Forming a company can be a positive and exciting step for many business owners. However, it is important to ensure from the outset that the documents governing your company’s operations suit your business needs.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Acquisition of another company is an effective way to grow your business. Ensuring a successful transaction is all about the detail. You need to know exactly what you are buying.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

When the time comes to sell your company, or shares in your business, you will wish to maximise the return on your investment of money, hard work, time and emotion.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

A guarantee is a legal commitment to repay a debt where the original borrower has defaulted on their repayments. In essence, the person providing the guarantee will “step into the shoes” of the debtor.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Whether you are lending to or borrowing from a third party, it is always prudent to record the terms of the loan clearly.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

A company’s articles of association are of paramount importance; they are the key constitutional document setting out the basic management and administrative structure of a company.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

If you are in dispute about which school your child should attend or think that it will be in the child’s best interests to change schools it will be necessary to apply for a Specific Issue Order through the courts.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

If your child is aged under 16, it is possible to change their name by deed poll providing that all of the parties with Parental Responsibility are in agreement. However, the child’s birth certificate will not normally be changed as this is a historical record from when the child was born.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

When a child is removed from one of the parents without the other parent’s permission or a child is not returned at a pre-arranged time, it is important to act quickly to reinstate the child’s normal or pre-agreed routine.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Whenever possible separating parties should speak to one another and make arrangements for the care of the children which are in the children’s best interests and can be worked around by both parents.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Most of the legal rights given to parents are by way of Parental Responsibility (PR). PR means ‘all the rights, duties, powers, responsibilities and authority that a parent of a child has in relation to the child and his property by law’.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

You can apply to end or dissolve your civil partnership if you have been in the partnership for at least one year. It is very similar to divorce, in that you will need to make an application to the court.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

When parties separate they may be able to reach an amicable agreement about the finances of the household and how these should be divided going forward. However, for most this can be the most difficult area to resolve.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

We can provide you with the peace of mind of conducting your divorce on a fixed fee basis. We will be able to provide you with the figure at the outset, allowing you to budget and plan your finances in advance.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

We are proud to be chosen by Cheshire Police Federation as their nominated divorce lawyers to provide specialist divorce and family advice to its members.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

A pre-nuptial/pre-civil agreement is a legal agreement made between two individuals before their marriage has taken place. It usually sets out how the couple wish their assets to be divided between them.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

A separation agreement is a written agreement used when a couple want to stop living together. The agreement can be used to decide a variety of topics including, who will pay the mortgage.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Under the Equality Act 2010 harassment is defined as unwanted conduct which is related to either; age, disability, gender reassignment, race, religion or belief, sex and sexual orientation and is therefore unlawful.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Unfair dismissal is a complex area of employment law and one where you need a legal expert to safeguard your financial interests as well as your professional future.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

It can be hard to realise that you may have been a victim of workplace discrimination. Discrimination is based upon what are called Protected Characteristics.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Under the Equality Act there are 9 specific areas which are called protected characteristics; any discrimination against workers because of these characteristics would be unlawful.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

It is important that businesses handle the termination of a director’s contract appropriately, especially if you need to achieve a swift exit without disrupting the operation of the business.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Employers should enter into a period of consultation with their employees, giving them information on why the redundancies are necessary and if there are any alternatives available.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Has your employer discussed ending your employment through redundancy or with a settlement agreement/compromise agreement?

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

There will be times when an employee’s conduct or performance falls short of what is expected of them in their contract of employment, or they believe that they have been treated unfairly at work.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

The TUPE Regulations are in place to preserve employees’ rights when a business is transferred to a new employer. The Regulations can apply to organisations of all sizes when a business is sold.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

From the recruitment process, through to issues such as TUPE, training from expert employment solicitors can help you to use the law as a positive framework to implement the best employment practices.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

A written contract of employment is a legal requirement as part of the employment relationship and failure to provide one can leave both parties unclear about their rights and responsibilities.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Settlement agreements, which used to be called compromise agreements, can play an important part in ending an employment relationship, but there are some important legal safeguards.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Severing ties with a director or senior executive comes with countless decisions about how to protect your business.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Whether it is direct or indirect discrimination, a case of harassment, or failure to promote diversity, the Equality Act makes discrimination unacceptable in the workplace.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

It is easy for important steps to be missed during a staff crisis however, each vital step may be a legal requirement. An omission that could have a serious impact upon your business.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Employers should enter into a period of consultation with their employees, giving them information on why the redundancies are necessary and if there are any alternatives available.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Whilst it is better to try to resolve a dispute directly with an employee, there will be times when it simply is not possible. In those cases, you may be called before an employment tribunal.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

As an employer you have to be cautious with how you deal with dismissals in order to not be accused of an unfair dismissal.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Failure to comply with employment legislation can be devastating for a business. Compensation awards for unfair dismissal claims can be in excess of £75,000 and awards for discrimination are unlimited.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Our team has extensive experience of settling claims arising from a wide variety of accidents and injuries suffered in the workplace.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Whilst a trip to the beauty salon may conjure up images of relaxation and pampering, many services use potentially harmful chemicals and machinery.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Poole Alcock have a number of keen cyclists who commute to work and enjoy cycling as a hobby or as a competitive sport. We therefore understand the frustration that can occur.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Every employer should ensure that the exposure of his employees to substances hazardous to health is either prevented or, where this is not reasonably practicable, adequately controlled.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

The loss of a loved one is one of the most difficult situations in life we have to face, and the thought of bringing a claim for compensation at this time is a difficult one.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

An employer has a duty to eliminate or reduce exposure to vibration to as low a level as is reasonably practicable. In doing so, the employer should have assessed any risks in the task concerned.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Suffering a head injury is understandably concerning for the victim and their family. It is important to investigate any potential brain injury that may have been caused.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Tinnitus is any noise (for example, buzzing or ringing) in the ear and can be caused by exposure to excessive levels of noise, although there are other causes too.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

It is logical to think that if you are constantly carrying out the same physical task at work, such as lifting heavy boxes without a break, you may well develop a bad back.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Common causes of road traffic accidents include other road users, poorly maintained roads, obstructions in the road and slippery surfaces. You may have suffered an injury.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Accidents can happen at any time and in any place – in the street, at work, at the supermarket. If you think that another person or organisation was responsible for your accident then you may be entitled to compensation.

Read More

image placeholder - Case Comment: Payne v Payne - Asking the court to declare a will valid

Suffering a spinal cord injury can be a life-changing event, impacting on almost every aspect of your life. If the accident was not your fault, then financial compensation is often necessary.

Read More

Case Comment: Payne v Payne – Asking the court to declare a will valid

Asking the court to declare a will valid: Payne v Payne [2018] EWCA Civ...

Back to News and Events

Case Comment: Payne v Payne – Asking the court to declare a will valid

16th May 2018

News : Litigation

Asking the court to declare a will valid: Payne v Payne [2018] EWCA Civ 985 Case Comment

The deceased had made two wills – one in 1998 and the other in 2012. The 2012 will appointed the deceased’s son and grandson as executors and left most of the estate to them. The 1998 will, on the other hand appointed the deceased’s second wife (Mrs Payne) as executor. It also left most of the estate to her.

Mrs Payne alleged that the 2012 will was not properly executed and therefore not valid. The deceased’s son and grandson therefore asked the court to grant proof in solemn form of the 2012 will. This is a declaration that the will is valid and cannot be set aside unless fraud or a later will is found. Ultimately, the judge came to the conclusion that neither the 2012 nor the 1998 will was valid. He ruled the deceased’s estate should be dealt with under the intestacy rules.

The son and grandson’s evidence was considered ‘utterly unreliable’. The judge was unable to find that the deceased knew of the will and had approved its contents. As for the 1998 will, the judge’s decision was based on the fact that Mrs Payne hadn’t provided the court with the original will to inspect (the judge only had incomplete cropped photographs of the will to work with). Also, the witnesses had provided their names, occupations and addresses in block capitals but hadn’t ‘signed’ the will (using the common meaning of a signature being a unique and personal mark) and evidence as to the circumstances in which the will was made was not obtained from them.

Payne V Payne – The Appeal

Mrs Payne appealed and the Court of Appeal reversed the judge’s decision and found that the 1998 will was valid. The Court said that the law did not require a ‘signature’ (a personal and unique mark) from witnesses. It was enough for them to write their name with intent to validate the will. Should you be wondering why the decision against the 2012 will wasn’t appealed – the son and grandson were not given permission to appeal and that was the end of their case.

The most unusual thing about the case is that the original 1998 will was not obtained until the matter was in the Court of Appeal. The first judgment had been made without inspection of the original will but of cropped incomplete photographs. It wasn’t as though the will’s whereabouts were unknown though. By the end of the trial it was known to be in the Winchester District Probate Registry. It would have been easy enough for the judge to adjourn the hearing until the original will had been obtained. Had it been obtained, the judge would have likely come to a different conclusion and saved Mrs Payne the need to appeal. Whilst this wasn’t the only procedural flaw in the case, it was the most prominent.

Our team of Litigation solicitors can assist and guide you through any queries you may have in respect of the validity of a Will or if you feel a Will does not make reasonable financial provision for you when you thought it should. It is a complex area and one where specialist assistance should be sought. Please call our team on 01260 275 337 if we can assist. Alternatively you can visit our Litigation services page here or complete this form for a call back.

 

Sign up to our eMagazine