Case Studies & Articles Solicitors in Henley, Oxfordshire

Errant husband dramatically cut out of Will

We acted for the husband of a lady who died leaving her husband insufficient provision in her Will. We advised our client of the possibility of making an Inheritance Act claim for reasonable, fair and adequate provision, and after making the claim a negotiated solution was agreed between the parties to achieve a result that was in the best interests of our client from both a personal and tax perspective. The negotiated settlement of this claim also avoided this dispute reaching court.... [read more]

Mortgage company tried to force quick sale at low price

We acted for the Executors of an Estate where a mortgage company issued possession proceedings against the Estate based on unpaid arrears owed at the date of death, even though a sale was about to be agreed by the Executors. We were successful at court and achieved a stay in the proceedings that enabled the sale to be made by the Executors and accordingly a higher sale price was achieved for the Estate than would have been the case had the mortgage company obtained possession. The Executors were... [read more]

High Street bank sold complex tax planning wills

We acted for the residuary beneficiaries of the Wills of a childless couple in their 90s who had had Wills prepared by a high street bank. The Wills contained inappropriate and complicated provisions and the accompanying letter of wishes did not reflect their intentions. The bank resigned as an Executor leaving the family to pick up the pieces. With our help a satisfactory conclusion was reached without acrimony.... [read more]

Inheritance of holiday home in France

We acted for the Executors of an Estate where the deceased had owned foreign property. A claim was brought against the Estate for monies allegedly owed by the deceased prior to his death in relation to the foreign property, and was successfully resolved for our client in a time and tax-efficient way to enable the administration to be completed.... [read more]

Will conflict resolved

We acted for the Executor of an estate where the deceased had a history of making Wills, which created some doubt as to whether the Will was the last Will. We advised the Executor to make appropriate enquiries, and accordingly instructed a firm of genealogists to complete additional enquiries that would enable the Executor to take out missing Will insurance. This insurance policy protected the Executor and beneficiaries against the risk of a later Will being found after the Estate had been distr... [read more]

Claim against millionaire's estate

We acted for the widow and children of a foreign businessman who died without a Will leaving a UK estate worth several million. The case involved foreign domicile, illegitimacy (and DNA testing), intestacy and tax complications, and was successfully resolved for our clients.... [read more]

House deposit conflict resolved

We obtained judgement after trial against a developer for the return of a deposit paid for a house after the developer breached the contract and failed to return the deposit.... [read more]

Miserly offer vastly improved

Mrs B requested advice in respect of a draft compromise agreement presented to her by her employer, a large pharmaceutical company. After reviewing the draft agreement and relevant documentation, we met to discuss in detail the draft terms and what they meant to her. On our client instructions we were successful in re-negotiating the agreement to secure much more favourable terms.‬... [read more]

Fears about making decisions in the future solved

Mr & Mrs Smith were both elderly and were worried about what would happen if one or both of them suffered an illness that meant they could not make decisions themselves. Mrs Smith also wanted to document her wishes about certain circumstances where she would not want to receive certain types of medical treatment. We met and advised Mr & Mrs Smith to each make and register a Property & Affairs LPA in which they appointed each other and their two children as their attorneys. We a... [read more]

Serious injunction proceedings resolved

We advised a client facing injunction proceedings potentially fatal to his business and livelihood. We resolved the dispute speedily enabling our client to continue his business.‬... [read more]

Stolen inheritance defeated by injunction

We advised an elderly client who inherited a substantial amount of money under her partners Will only to find that a relation of the Deceased had absconded with the assets. We obtained an injunction freezing the relative bank account and subsequently resolved the dispute recovering the money left to our client and legal costs.‬... [read more]

Resolution of claims by former employee

Company J came to us as a claim had been brought against them by a former employee. Due to the value of the claim the client was understandably cost conscious. We were able to provide cost effective advice and support in responding to the claim, which resulted in settlement on very favourable terms to our client. As settlement was reached, this meant our client avoided having to attend a hearing with witnesses from the company and was able to carry on with business. The client was delighted with... [read more]

Compromise agreement resolved

At Mercers we advise both Companies and individual employees in respect of compromise agreements. Company Y instructed us in the preparation of an agreement for a senior executive. After careful drafting of the agreement, we provided continuing assistance to the Company in order to finalise the agreement expediently. The Company in expressing their thanks to us said that the process had been managed quickly and effectively and the relative complexities of compromise agreements explained in plain... [read more]

Beneficiary forgot to submit tax return

Mr K recently contacted us to advise that he was self-employed, earning in the region of £23,000 a year and wanted us to deal with his personal tax return for the year ended 5 April 2011. Upon further discussions, we were advised that Mr K was one of a number of beneficiaries of a family discretionary trust. He advised us that he had received cash distributions from the trust during the past two years but had not advised the H M Revenue & Customs of this. We reviewed Mr Ks previous t... [read more]

Executors given advice about tax liability

The Executors of UK Deceased estates will be required to pay Capital Gains Tax (CGT) on gains realised on the sale of assets during the administration period of an estate, over and above their annual exemption for CGT purposes. This exemption will be the same as an individual (£10,600 - 2011/2012) during the year of death and for two years thereafter. The Executors will pay CGT at the rate of 28%. Mrs Y contacted us as she was dealing with the administration period for her late Uncle'... [read more]

Substantial damages obtained for relatives

We negotiated a substantial settlement in a claim for bereavement and dependency for the relatives of a client who sadly died in a tragic motor accident.... [read more]

Damages for psychiatric injuries obtained

We successfully pursued a claim for damages for psychiatric injuries sustained by a close relation of a victim of a fatal accident.‬... [read more]