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The latest news and opinion brought to you by Smith Partnership. If you would like further information on any of the topics covered in this newsletter, please contact us and a specialist will be pleased to advise. In this issue, we look at:

If you have any feedback on our newsletter, or would like to suggest topics for future articles, do let me know.

Steve Mann, Managing Partner


Property Fraud

Your house or your commercial property is probably the most valuable asset that you own but did you realise that whilst property can be sold and mortgaged to raise money it is an extremely attractive target for fraudsters.

As a property owner there are a number of things you can do to try and minimise the risk of you becoming a target for fraudsters

Making a Will properly

A decision made this Spring has highlighted the importance of having your Wills prepared properly. The Court had to decide whether mirror wills for a married couple were valid when they had signed the wrong Will!

The Courts take a strict line in cases like this. If there is a clerical error, then the Probate Registry may accept the will, but in this particular case the Court said the wills were invalid and so the law of intestacy applied (which had disastrous consequences for the couple’s family).

Pre-Nuptial Agreements – What are they and are they binding?

In simple terms a pre nuptial agreement (pre nup) is an agreement made prior to the parties getting married, that sets out how the property and other assets of both parties will be distributed in the event of a breakdown of the marriage.

With more than 1 in 3 marriages ending in divorce, pre-nups are becoming an increasingly popular answer. There is no doubt that pre nups are unromantic, awkward and somewhat embarrassing, however they can also be a very sensible investment. Like car insurance you hope there is never a need to rely on it, but if you do you can save heartache and legal fees in the future.


The information in this update is intended to provide an overview of current or upcoming legislation and is not intended as complete coverage. The application of the law in any specific case should always follow professional advice. If you wish to update the details which we hold on you or you do not wish to receive any further marketing materials from us, please contact us by email - marketing@smithpartnership.co.uk. © Smith Partnership 2011