ABD partner and Contentious Probate Solicitor Peter Shah who is based at the firms Royal Wootton Bassett office attended a mediation on a 1975 Inheritance Claim which was successfully concluded. Nothing unusual about that however, it was a sad case and provided a salutary tale if people don’t get and take advice at the right time...
The case involved a homosexual unmarried couple (Mr X and Mr Y) who intended to buy a house together in 1999. Unfortunately, due to Mr X’s ( Peters client) mental health problems they could not get a joint mortgage whereas the client’s partner Mr Y could do so in his sole name. Hence the house was bought in his sole name but there was no declaration of trust or restriction put on the title to record Peters client Mr X had an interest and therefore protect his interest in the property.
They were together for more than 24 years when the partner died suddenly of a heart attack leaving no will. The couple were not in a civil partnership which meant that under the Intestacy rules Peter’s client received nothing from his late partner’s estate.
Peters client Mr X who is now 52 had not worked for many years and faced the rest of his life on benefits with a very meagre income and poor quality of life .
The deceased’s family claimed that their son Mr Y was not gay and denied (despite there being overwhelming evidence to the contrary) that there had been any relationship between the two men and so they told him to leave the house that had been his home for 16 years.
A claim was made that Peters client either had a beneficial interest in the property, alternatively that the Intestacy rules failed to provide reasonable provision for him under the Inheritance (Provision for Family and Dependants) Act 1975.
When Peter first set to work on this case both claims were denied in their entirety in particular so following the issue of Court proceedings the parties went to mediation and as a result a settlement was reached whereby Peter secured Mr X £55000 including payment of his legal fees. He was a very happy man and after what was a very sad time for him after the death of his life long partner can look forward to the rest of his life.
Monday, 16 February 2015
Tuesday, 20 January 2015
Welcome Lydia Jackson
Solicitor - Family Law Department, ABD Marlborough Office
Lydia joined the firm recently as a Family Law Solicitor Advocate based at ABD’s Marlborough office.
Lydia previously worked for Charles Gomez & Co Chambers in Gibraltar where she set up the Family Law Department and attracted a varied case load including international and high net worth clients. Lydia was also a member of the Bar of Gibraltar and frequently advocated at Court.
Prior to Gibraltar, Lydia trained and worked at a specialist Matrimonial and Family Law firm in London from 2008 to 2013 where she worked exclusively on high profile cases involving a variety of family matters including cross jurisdictional divorces, pre and post nuptial agreements and matters relating to financial remedy and property settlement, non-molestation and occupation orders and issues involving children. During this time Lydia also gained her qualification as a Solicitor Advocate with the College of Law (London) and has higher rights of audience in the UK.
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| Lydia Jackson, Family Solicitor |
01672 518620 or lydia.jackson@awdrys.co.uk
INFIDELITY AND THE EVOLUTIONARY PERSPECTIVE
Chapman University have recently undertaken the largest study to date on the matter of infidelity and the results have concluded that men and women are very different when it comes to feelings of jealousy and their responses to sexual vs emotional infidelity.
The poll reviewed just under 64,000 Americans and found that heterosexual men were more likely than heterosexual women to be most upset by sexual infidelity (54 percent of men vs. 35 percent of women) and less likely than heterosexual women to be most upset by emotional infidelity (46 percent of men vs. 65 percent of women). The study also determined that both bisexual and homosexual men and women did not significantly differ in their responses to infidelity.
The university states “Participants imagined what would upset them more: their partners having sex with someone else (but not falling in love with them) or their partners falling in love with someone else (but not having sex with them).”
David Frederick, Ph.D, the lead author of the study outlined that “heterosexual men really stand out from all other groups: they were the only ones who were much more likely to be most upset by sexual infidelity rather than emotional infidelity” which was “consistent with the evolutionary perspective”.
The issue of sexual and emotional infidelity can cause harm to both men and women. Dr. Frederick states “The responses of men and women to the threat of infidelity range from intense pangs of jealousy to elaborate displays of attention to woo their partner back. Jealousy can also trigger harmful and violent behavior…”
Chapman University outline that from an evolutionary perspective, men face the problem of paternal uncertainty as, in the absence of paternity testing, they will never know if their child is genetically related to them and there is always the chance that the child could have been fathered by another man. Women who bear children will never face maternal uncertainty and therefore men may exhibit a heightened response to sexual jealously compared to women.
However the university also stated that “whilst women do not face maternal uncertainty they risk the potential loss of resources and commitment from partners if they channel their investment to another mate.”
Consistent with evolutionary perspective, one’s reaction to sexual versus emotional infidelity is likely shaped by environmental and personal factors, however, this gender difference emerged across the age groups.
In England and Wales “adultery” is the act of sexual intercourse between a man and a women where at least one of the two are married. Adultery can be used as one of the five facts to prove the irretrievable breakdown of a marriage, which is required to obtain a Divorce in this Jursidiction.
The authors of the study were Dr. David Frederick of Chapman University and Melissa Fales, Ph.D. candidate of UCLA with the paper appearing in the journal, Archives of Sexual Behavior.
http://blogs.chapman.edu/press-room/2015/01/05/chapman-university-publishes-research-on-jealousy-impact-of-sexual-vs-emotional-infidelity/
If you are facing difficulties in relation to marriage and / or your spouse’s infidelity, please do not hesitate to contact Lydia Jackson at our Marlborough office on 01672 518620 or click here for email to set up a free initial consultation.
The poll reviewed just under 64,000 Americans and found that heterosexual men were more likely than heterosexual women to be most upset by sexual infidelity (54 percent of men vs. 35 percent of women) and less likely than heterosexual women to be most upset by emotional infidelity (46 percent of men vs. 65 percent of women). The study also determined that both bisexual and homosexual men and women did not significantly differ in their responses to infidelity.
The university states “Participants imagined what would upset them more: their partners having sex with someone else (but not falling in love with them) or their partners falling in love with someone else (but not having sex with them).”
David Frederick, Ph.D, the lead author of the study outlined that “heterosexual men really stand out from all other groups: they were the only ones who were much more likely to be most upset by sexual infidelity rather than emotional infidelity” which was “consistent with the evolutionary perspective”.
The issue of sexual and emotional infidelity can cause harm to both men and women. Dr. Frederick states “The responses of men and women to the threat of infidelity range from intense pangs of jealousy to elaborate displays of attention to woo their partner back. Jealousy can also trigger harmful and violent behavior…”
Chapman University outline that from an evolutionary perspective, men face the problem of paternal uncertainty as, in the absence of paternity testing, they will never know if their child is genetically related to them and there is always the chance that the child could have been fathered by another man. Women who bear children will never face maternal uncertainty and therefore men may exhibit a heightened response to sexual jealously compared to women.
However the university also stated that “whilst women do not face maternal uncertainty they risk the potential loss of resources and commitment from partners if they channel their investment to another mate.”
Consistent with evolutionary perspective, one’s reaction to sexual versus emotional infidelity is likely shaped by environmental and personal factors, however, this gender difference emerged across the age groups.
In England and Wales “adultery” is the act of sexual intercourse between a man and a women where at least one of the two are married. Adultery can be used as one of the five facts to prove the irretrievable breakdown of a marriage, which is required to obtain a Divorce in this Jursidiction.
The authors of the study were Dr. David Frederick of Chapman University and Melissa Fales, Ph.D. candidate of UCLA with the paper appearing in the journal, Archives of Sexual Behavior.
http://blogs.chapman.edu/press-room/2015/01/05/chapman-university-publishes-research-on-jealousy-impact-of-sexual-vs-emotional-infidelity/
If you are facing difficulties in relation to marriage and / or your spouse’s infidelity, please do not hesitate to contact Lydia Jackson at our Marlborough office on 01672 518620 or click here for email to set up a free initial consultation.
Thursday, 18 December 2014
ABD helps Age UK Wiltshire “Spread The Warmth Campaign 2014”
Age UK Wiltshire was most grateful to receive a cheque from Awdry Bailey & Douglas Solicitors today.....
ABD partner and Head of Family Law Dept Alex David handed over a cheque to Mike Weston who is Chair of Trustees at Age UK Wiltshire for the sum of £643.75. The money was raised by ABD through a sponsorship team building event which took place earlier on in the year.
Mike Weston said; “We at Age UK Wiltshire are most grateful to ABD for supporting our charity. The money raised will go towards our “Spread The Warmth Campaign” which is one of the most important campaigns we run each year during the winter months. The money raised will assist this campaign greatly. During winter 1 older person dies every 7 minutes from the cold weather”.
Alexander David, Partner at ABD and Head of the Family Law Department said;
“Everyone at ABD are proud to be associated with Age UK Wiltshire which is an invaluable charity, assisting hundreds of elderly people at their time of need. We are pleased that the funds raised will assist with the Spread the Warmth Campaign which assists elderly people to stay fit and well and warm during the winter months”.
Age UK Wiltshire an independent charity working for the older people of Wiltshire.
For more information on SPREAD THE WARMTH go to www.ageuk.org.uk/wiltshire
ABD partner and Head of Family Law Dept Alex David handed over a cheque to Mike Weston who is Chair of Trustees at Age UK Wiltshire for the sum of £643.75. The money was raised by ABD through a sponsorship team building event which took place earlier on in the year.
Mike Weston said; “We at Age UK Wiltshire are most grateful to ABD for supporting our charity. The money raised will go towards our “Spread The Warmth Campaign” which is one of the most important campaigns we run each year during the winter months. The money raised will assist this campaign greatly. During winter 1 older person dies every 7 minutes from the cold weather”.
Alexander David, Partner at ABD and Head of the Family Law Department said;
“Everyone at ABD are proud to be associated with Age UK Wiltshire which is an invaluable charity, assisting hundreds of elderly people at their time of need. We are pleased that the funds raised will assist with the Spread the Warmth Campaign which assists elderly people to stay fit and well and warm during the winter months”.
Age UK Wiltshire an independent charity working for the older people of Wiltshire.
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| Left to right; Mike Weston and Alexander David outside Age UK Wiltshire Offices, Devizes |
Monday, 8 December 2014
AWDRY BAILEY & DOUGLAS “DRESS DOWN” DAY SUPPORTS DEVIZES FOODBANK AND THE TRUSSELL TRUST!
On Friday 28th November 2014 staff at Awdry Bailey & Douglas held a “dress down” day to raise food for local charity Devizes Foodbank.
Food collected from the firms Chippenham, Marlborough, Devizes and Royal Wootton Bassett offices included; tinned fruit, UHT milk, biscuits, tea, coffee, tinned meat, sugar and much more!
With less than a month to go until Christmas some staff even wore their festive jumpers for this important and worthy cause. Over 100kg of food was donated!
The Devizes Foodbank is part of a network run by The Trussell Trust who manage community projects in partnership with local churches and organisations helping to support those in need by bringing foodbanks to communities across the UK. There are now over 380 foodbanks in the network.
To find out more about your local foodbank and to get involved visit The Trussell Trust.
For a shopping list of foods that can be donated click here.
Food collected from the firms Chippenham, Marlborough, Devizes and Royal Wootton Bassett offices included; tinned fruit, UHT milk, biscuits, tea, coffee, tinned meat, sugar and much more!
With less than a month to go until Christmas some staff even wore their festive jumpers for this important and worthy cause. Over 100kg of food was donated!
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| Over 100kg of food was donated! It’s the taking part that counts! |
To find out more about your local foodbank and to get involved visit The Trussell Trust.
For a shopping list of foods that can be donated click here.
Wednesday, 19 November 2014
ABD TEAM FLYING HIGH AT BARBURY CASTLE!
Congratulations to ABD team; Roger Chadwick (partner), Tim Hotchkiss (solicitor) & James Trescothick-Martin (solicitor) for beating off the other teams to win the “Brewin Dolphin, inter solicitor clay pigeon challenge” which took place at Barbury Castle Shooting School on 14 November 2014.
In a closely fought completion ABD team came top missing only 3 Clay’s out of 60, nearest rivals Wilsons Solicitors missing 6 Clay’s to give ABD the magnanimous win.
Roger Chadwick came second in the individual competition narrowly missing out on the top position by 1 clay.
It is the first time that ABD have won the annual event hosted by Brewin Dolphin.
In a closely fought completion ABD team came top missing only 3 Clay’s out of 60, nearest rivals Wilsons Solicitors missing 6 Clay’s to give ABD the magnanimous win.
Roger Chadwick came second in the individual competition narrowly missing out on the top position by 1 clay.
It is the first time that ABD have won the annual event hosted by Brewin Dolphin.
Tuesday, 4 November 2014
AWDRY BAILEY & DOUGLAS WERE PROUD TO PRESENT...
BAG4SPORT “2014 STARS OF TOMORROW” AWARDS
Bag4Sport Foundation was set up to assist young up-and-coming talented athletes who find it difficult to raise finance in order to promote themselves. This charity also assists established athletes suffering financially following government cuts as well as disadvantaged children who would like to take part in sport and improve their social skills.
“They will rise highest who strive for the highest place”
The competition was promoted this year by the Gazette and Herald and also the Wiltshire Times who looked for 5 local young sports stars of tomorrow.
The 5 young local talented athletics chosen received their awards gathered with their families on Thursday 30 October 2014 in The Bear Hotel, Devizes – this was an exciting moment...
The evening started off with an introduction and welcome from Founder and Chairman of Bag4Sport Foundation Andrew Trusler, followed by the awards ceremony.
ABD Partner Andrew Douglas, local contemporary artist Joanna May and Jason Caulfield-Ware were part of the judging panel who handed out the awards.
ABD Partner Andrew Douglas, local contemporary artist Joanna May and Jason Caulfield-Ware who were part of the judging panel handed out the awards.
This was followed by gold medallist and Bag4Sport patron Tessa Sanderson congratulating the winners and runners up by Skype.
Winners and runners up were as follows;
Devizes Winner:
Yasmin Kaashoek - Devizes Volleyball Club
Devizes Runner Up:
Adam Bolwell - Devizes Budo Club
Marlborough Joint Winners:
Alicia Boyer - Oxford Figure Skating Club
Nikko Hunt - Pole Vaulting
North Wilts Winner:
Lauren Booth - Cycling
North Wilts Runner Up:
Jamie Phillips - BMX
North Wilts Runner Up:
Peter Kibble - Road Cycling
Nominated by Wiltshire Times Readers:
Winners:
Jade Pocock - Archery
Ria Oliver - Trampolining and Double Mini Trampolining
Runners up:
Ben Garrod - Hockey
Caitlin Wosika - Team Bath
Bag4Sport Foundation was set up to assist young up-and-coming talented athletes who find it difficult to raise finance in order to promote themselves. This charity also assists established athletes suffering financially following government cuts as well as disadvantaged children who would like to take part in sport and improve their social skills.
“They will rise highest who strive for the highest place”
The competition was promoted this year by the Gazette and Herald and also the Wiltshire Times who looked for 5 local young sports stars of tomorrow.
The 5 young local talented athletics chosen received their awards gathered with their families on Thursday 30 October 2014 in The Bear Hotel, Devizes – this was an exciting moment...
The evening started off with an introduction and welcome from Founder and Chairman of Bag4Sport Foundation Andrew Trusler, followed by the awards ceremony.
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| Andrew Trusler who is Founder and Chairman of Bag4Sport welcoming everyone to the event |
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| Andrew Douglas congratulates and handing certificates to Winner Nikko Hunt- Pole Vaulting and runner up Caitlin Wosika - Team Bath. |
Winners and runners up were as follows;
Devizes Winner:
Yasmin Kaashoek - Devizes Volleyball Club
Devizes Runner Up:
Adam Bolwell - Devizes Budo Club
Marlborough Joint Winners:
Alicia Boyer - Oxford Figure Skating Club
Nikko Hunt - Pole Vaulting
North Wilts Winner:
Lauren Booth - Cycling
North Wilts Runner Up:
Jamie Phillips - BMX
North Wilts Runner Up:
Peter Kibble - Road Cycling
Nominated by Wiltshire Times Readers:
Winners:
Jade Pocock - Archery
Ria Oliver - Trampolining and Double Mini Trampolining
Runners up:
Ben Garrod - Hockey
Caitlin Wosika - Team Bath
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