As Halloween approaches, our teams at Clarke Willmott have been thinking about all things scary!
Halloween is a time for tales of ghosts, ghouls and things that go bump in the night. But for our lawyers, the real scares are often much closer to home. Every year, we see individuals, families and businesses caught out by avoidable mistakes that can have lasting legal and financial consequences.
From relationship breakdowns and upcoming probation changes to estate disputes and unexpected litigation challenges, we’ve asked some of our lawyers to share the situations they find most frightening and, more importantly, how they can be avoided.
Quick summary
Some of the most common legal issues our lawyers encounter include:
- Marriage without clear financial arrangements in place
- Review of probation periods ahead of six-month dismissal rights
- Will and inheritance disputes between family members
- Lengthy and costly court battles following separation
- Unexpected developments during clinical negligence claims
With the right advice and planning, many of these issues can be avoided.
Divorce and prenuptial agreements: why financial conversations matter
Rebecca Aston-Jones, Senior Associate in Clarke Willmott’s Family team, says one of the biggest risks she sees is couples entering marriage without having honest conversations about their finances and how assets should be treated.
One spouse may own a property before the relationship began or have built a successful business long before meeting their partner. In the event of a divorce, however, all assets come under scrutiny and are capable of being shared with a spouse.
Having clear discussions at the outset, and recording intentions where appropriate can save significant time, cost and stress if the relationship unfortunately comes to an end. Ensuring both parties understand and agree how assets should be dealt with provides greater certainty and can help avoid disputes later on.
The safest way to proceed is for couples to enter into a nuptial agreement at the outset. This can provide clarity, protection and peace of mind. If nuptial agreements are entered into freely, with both parties taking independent legal advice, and the provisions provided are fair, they are highly likely to be upheld and relied upon by the court.
Review of probation periods ahead of six-month dismissal rights
Employment lawyers Paula Squire and Ramyar Hassan say the monster lurking around the probationary corner is what scares them most.
For years, many employers have taken comfort in the relative safety of the two-year qualifying period for unfair dismissal claims. But from 1 January 2027, that comfort blanket is due to shrink dramatically, with rights arising after just six months following the proposed changes to unfair dismissal rights and probation periods.
Employers who leave performance concerns lurking in the shadows could find a claim springing out when they least expect it. The reform also spells trouble for the traditional six-month probation period, leaving little or no opportunity to address concerns before ordinary unfair dismissal protection bites. Employers should therefore be dusting off their contracts and reviewing probation arrangements now. You don’t need garlic or holy water, just early action, robust documentation, and well-managed probation reviews.
Will disputes and estate litigation after death
Ellie Bond, Solicitor in Clarke Willmott’s Private Client team, says what concerns her most is seeing families spend years in litigation following the death of a loved one. That time could instead be spent grieving together, supporting one another and remembering the person they have lost.
Sadly, disputes over Wills are becoming increasingly common, particularly where loved ones feel surprised by the contents of a Will or do not understand the reasons behind key decisions. While no Will can be completely challenge-proof, careful planning can go a long way. Taking independent legal advice, clearly recording your wishes, ensuring there is evidence of capacity where appropriate, and keeping your Will under regular review can all help reduce the scope for disputes and give executors the best chance of upholding your wishes.
Costly court battles and family disputes
Laura Podger, Senior Associate in Clarke Willmott’s Family team, says one of the biggest legal horror stories is a lengthy and expensive court battle, particularly where children are caught in the middle.
The good news is that divorce and family disputes don’t have to be a horror story. Approaches such as mediation and our One Couple, One Lawyer service can help families resolve matters constructively, keeping conflict to a minimum and, where possible, staying out of court. The aim is to reduce animosity, and often costs, by encouraging amicable and respectful discussions about divorce, separation and child arrangements.
Our One Couple, One Lawyer service allows couples to instruct one lawyer to represent them both. The parties meet jointly with their lawyer to discuss their concerns about separation in an open and constructive forum. Their lawyer then provides guidance on the available options. Similar to mediation, the process involves a neutral and unbiased third party helping those involved to communicate and negotiate a solution.
The unpredictability of clinical negligence claims
Isabel Harper, Associate in Clarke Willmott’s Clinical Negligence team, says what makes litigation particularly daunting is its unpredictability.
A case may initially appear strong, but unexpected developments can arise as further evidence comes to light. Medical records may reveal previously unknown information, additional witnesses may emerge, or independent medical experts may revise their opinions after reviewing new evidence. Even the most carefully prepared case cannot eliminate the possibility that new evidence, a change in expert opinion, or surveillance evidence obtained by the defendant may fundamentally alter a claim’s prospects of success.
While the unpredictability of litigation can be daunting, this is why instructing an experienced solicitor matters. Throughout a claim, we continually review the evidence, assess emerging issues, and provide clear, practical advice to help our clients understand the strengths and risks of their case. The aim is not to eliminate uncertainty, but to ensure that clients are prepared, properly advised, and supported in making informed decisions at every stage.
Our experienced team understands the challenges that can arise and works to address them as the claim develops. If you or anyone you may know thinks they have a potential claim, we would be happy to offer an initial free discussion.
