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Private Client Update 7

Pre-nups could become legally binding under new law

Marital agreements including prenups and post-nups could become legally binding without the need for court approval under a proposed new law.

At present, such agreements are not legally binding although there has been a growing trend for courts to uphold them unless they are unfair to one side or the other.

Now the Law Commission, which advises the government on legal matters, wants to introduce “qualifying nuptial agreements” which would be enforceable contracts in
their own right, not subject to the scrutiny of the courts.

Disinherited sons fail to overturn their father’s will

A man’s will leaving most of his estate to his daughter and sister-in-law has been upheld despite opposition from his sons who had been disinherited.

The court heard that the man had originally made a will which benefited both his daughter and his sons.

Trust protects family home from demands of the taxman

Setting up a simple trust relating to his mother‘s home has saved a man and his wife several thousand pounds in capital gains tax.

The case involved a woman who sold her house in 1996 to her son and his wife on condition that she was allowed to continue living therefor the rest of her life or until she
remarried.

Man wins his claim over bad employment reference

A man who said his former employers gave him a bad reference because he had brought a discrimination case against them has won his victimisation claim.

The man worked for a car sales and repair company but was dismissed because he was over 65 years old. He began proceedings for unfair dismissal and age discrimination.  He then went to an employment agency to find a new job. 

A director at the car company gave him a bad reference. The man believed this was because of the age discrimination claim. He made a second claim saying that this was victimisation under the Equality Act 2010.

read the full private client update 7