Frequently Asked Questions

Before you talk to your tenant, you should seek legal advice immediately. Not all remedies are available to every landlord and you should call us to talk about what options are available to you.

Briefly, the remedies available to a landlord if the tenant breaches payment of rent covenants are:

1. Commercial Rent Arrears Recovery (CRAR).
2. Forfeiture.
3. Debt Action.
4. Bankruptcy or Winding-up.
5. Pursue a former tenant, a guarantor or surety. And the following factors should be taken into consideration when deciding which remedy to pursue: How much rent is outstanding and how long it has been in arrears?

Can the defaulting tenant pay?

If it is an old lease, is the original tenant under a continuing liability and/or did any previous assignees give the landlord direct covenants? If it is a new lease, is there an Authorised Guarantee Agreement (AGA) in existence?

What are the consequences of pursuing third parties?

What does the Lease state (eg for forfeiture to operate there must be an express clause allowing for the same, or that particular remedy cannot be used)?

Call us for advice tailored to your lease and circumstances.

Your solicitor will:

• Meet with you
• Consider information and options
• Prepare documents
• Write letters
• Telephone or receive calls
• Appear for you in court
• Meet witnesses to take statements

Generally a lease gives the right for landlords to have the rent reviewed periodically and, usually, the landlord will be looking for an increase. The landlord will suggest a new rent either directly or through a surveyor or agent and then it is up to you to try and agree the new rent with the landlord.
There should be provisions in your lease stating what will happen if agreement cannot be reached. We would be happy to advise you on the specific terms of your lease.

Unregistered land is simply land which has never been formally recorded at HM Land Registry. The main reason land remains 'unregistered' is that the property hasn't been sold/mortgaged in the last 40 years, as registration was not compulsory at that time.

Selling unregistered land is not a problem, providing all of the original documents are available. If you purchase a property which is currently unregistered, submission of your application to the Land Registry will trigger 'first registration' as registration is now compulsory throughout the UK. The Land Registry will produce a Title Information Document and a copy of the newly created Register in your name.

Our offices are open from 9am until 5pm on a Monday - Thursday and until 4.30pm on a Friday.

Please contact us to book an appointment or feel free to drop-in.

Yes, by making a Will, you can set out exactly who is to get what amount. For example, if one child needs more money than another, you can leave them unequal amounts if you wish.

Yes. In most cases, there is no reason why the people inheriting your estate can't be the same people as those dealing with the practicalities. We can tell you whether this will cause a problem in your particular circumstances.

No. If you have any asset worth over £5,000, any stocks and shares or a property then your executors will usually need to apply for probate. If you don't make a Will, they need to apply for Letters of Administration instead, which is very similar. Unless your assets are all owned jointly with someone else and pass to them automatically, you will need Probate before your estate can be paid out.

We tailor-make your Will for you, the cost will depend on your own particular needs and circumstances.

If you don't have a Will, anything which your children inherit passes to them at the age of 18. By making a Will, you can determine when your children will inherit, safeguarding the money for a time when they may really need it. You can include a provision saying that your children are not to inherit until they reach 21 or 25 (for example).

The Intestacy Rules don't allow for any gifts to charity out of your estate but by making a Will you can leave a set amount or a percentage of your total estate.

What is a Lasting Power of Attorney? 

A Lasting Power of Attorney is a document that gives power to another person (called your ‘Attorney’) to make decisions for you. They are needed because the law doesn’t allow another person to do this for you without one, even if you are married.   

There are two types of Lasting Power of Attorney:  

1. Property and Financial Affairs  
2. Health and Welfare 

How many attorneys can I have? 

As many as you want, but remember that the more people involved the more drawn out a decision may become.  

Can I make my own Power of Attorney? 

Yes, you can make a Power of Attorney yourself if you are well enough to do so. You cannot make a Power of Attorney for another person if they don’t have the mental capacity to understand what the document is, and the decision they are making.   

Does having a Lasting Power of Attorney mean I lose my independence?  

No. Your attorneys can only make decisions for you if you don’t have the mental capacity to do so, or if you give them permission to make the decision for you / act on your behalf. At Lawson-West, we employ extra precautions for our clients if they wish to use them to dissuade any misuse of a Lasting Power of Attorney.   

Who is the “Donor”? 

The Donor is the person giving away the power to the other people i.e. the person making the document. The donor is named on page 1 of the Lasting Power of Attorney.  

Who is the “Attorney”? 

The Attorney, or Attorneys, are the people being given the power by the donor. This is often the Donor’s partner, children, solicitor, or good friends.  

Who is the “Certificate Provider”? 

The Certificate Provider confirms to the Office of the Public Guardian that the donor has mental capacity to make a Lasting Power of Attorney. It is a very responsible role, as if it is found that the donor did not, the Certificate Provider is held accountable. If you use a solicitor to make your Lasting Powers of Attorney, they will often act as your certificate provider.  

What is an Enduring Power of Attorney? 

Enduring Powers of Attorney are the old version of Lasting Powers of Attorney. They are still valid, but they have different rules.   

What is a General Power of Attorney? 

General Powers of Attorney are documents that allow another person to act for you immediately. They do not require registration, and can be created instantly. However, if the donor loses mental capacity, they end immediately.  

They are useful for short term assistance, and generally we create them to bridge the long gap between creation and registration of an Lasting Power of Attorney. 

They are also known as ordinary powers of attorney. 

How long does a Power of Attorney last? 

Until the donor (the person who made the document and gave the power away) dies or cancels the document. If it is a General Power of Attorney, it finishes either at the event specified in the document being completed, on the loss of mental capacity of the donor or when the donor dies. 

Can I cancel a Power of Attorney? 

Yes, just contact the Office of the Public Guardian to cancel your own Lasting Power of Attorney. If you want to cancel a Power of Attorney for someone who doesn’t have capacity, you will need to make an application to the Court of Protection.  

How long does a Power of Attorney take? 

Registration of a Lasting Power of Attorney takes around 20 weeks at present from the date of submission.  

Can I make a Power of Attorney for someone else? 

You cannot make a Power of Attorney for another person if they don’t have the mental capacity to understand what the document is, and the decision they are making.  Instead, you will need to apply to the Court of Protection for a Deputyship order.

Probate, Estate Administration and bereavement FAQs 

What is Probate? 

Probate is the word used to mean a certificate granted by the Probate Registry to executors of a Will that allows them to deal with the assets of someone who has died.  

The word probate is commonly, but incorrectly, used interchangeably with other terms, which mean different things. This can be confusing! “Probate” may be used instead of: 

1. Grant of Letters of Administration - a certificate granted by the Probate Registry to people who are inheriting under the intestacy rules that allows them to deal with the assets of someone who has died. 
2. Grant of Letters of Administration with Will Annexed - a certificate granted by the Probate Registry to people inheriting under the Will, when there is no executor appointed, that allows them to deal with the assets of someone who has died. 
3. Estate Administration – the whole process of dealing with a deceased’s persons affairs. You can find out more about this process here

Do I need Probate? 

Whether or not you need to obtain a Grant of Probate (or another type of Grant, see “What is Probate” above) depends on the assets in the estate. You will need a Grant if the estate includes one or more of the following: 

1. A house that is held in the sole name of the deceased, or it is held as a tenant in common; 
2. A large amount of money in the bank (this is usually around £50,000, but varies from bank to bank) 
3. A large amount of shares 
4. A large pay out from a life insurance 

Sometimes, asset holders will tell you they need a Grant of Probate or a Grant of administration before they can release the money. In this case, you will need to take one out.  

You may also want to take out a Grant of Probate or a Grant of Administration because you think that someone will make a claim on the estate. By taking out a Grant, you give people notice that you intend to administer the estate, and therefore they need to bring a claim quickly.  

Why do I need Probate? 

Most people need probate because the estate has one or more of the assets listed above under “Do I need Probate?”. You may also want to take out a Grant of Probate or a Grant of Administration because you think that someone will make a claim on the estate. By taking out a Grant, you give people notice that you intend to administer the estate, and therefore they need to bring a claim quickly. 

How much does Probate cost? 

There is a Court Fee to get a Grant of Probate or a Grant of Representation. The Court Fee changes, and can be found at Probate Fees - GOV.UK. If you want a solicitor to help you make the application, they will charge their own fees.  

Lawson West Solicitors have a set price for “application only” assistance, and can provide a price proposal for full estate administration. Our fees can be found here (LINK TO OUR FEES) 

How long does it take to get a Grant of Probate? 

It depends on the estate, the assets, the person applying for the Probate, how they are applying and why they are applying.  

In the simpler cases, His Majesty’s Courts and Tribunal Service say the time between application and receiving the Grant can be up to 8 weeks, although it can be much quicker or much slower.  

In more complex cases, it is not uncommon for a Grant of Probate or Administration to take around 5-6 months from the time of application.  

How long does it take to administer an estate? 

It depends on what the estate consists of and what needs to be done. Because estate administration requires the responses of third parties, the timeframe is heavily dependent on them. However, it is not unusual for estate administration to take up to 1 year, although more complex estates can take longer than this.  

Can Probate fees be paid from the estate? 

Yes, the Court Fee can be paid directly from the deceased’s bank account. Any solicitor fees cannot be paid in this way, but if the solicitor is completing Full Administration, they will usually take their fees from the deceased’s assets when they are available. 

Can the funeral bill be paid from the estate? 

Yes, it can be paid directly from the deceased’s bank account. You do not need to pay this yourself. 

Are Probate fees deductible for Inheritance Tax?  

No, it is only liabilities that were outstanding at the date of death, and some funeral expenses, that are deductible.  

What if there isn’t enough money to cover the debts of a deceased? 

The estate is insolvent. It is the executors or administrators' job to pay people in the correct order to avoid paying people themselves. The order of payment is: 

1. Secured Creditors 
2. Funeral and Legal Expenses 
3. Preferred and Preferential Debts 
4. Unsecured Creditors 
5. Deferred Debts 

Can children inherit money? 

Yes, but if they are under 18 they cannot take the money themselves and it should be received by a parent or guardian on their behalf.  

Do estates pay income and capital gains tax? 

Yes. Estates do not have a personal allowance, so more and more estates are being required to pay income and capital gains tax.  

Can I apply for Probate myself? 

Yes, but make sure that you are answering the queries correctly as you will be personally liable to the Court for any errors.  

Are Probate Records Public? 

Yes. Once Probate has been granted, anyone can purchase a copy of the Grant of Probate and the Will (where there is one) for £1.50. You can search the register here. 

What if I can’t find a beneficiary? 

Executors must take all reasonable steps to locate beneficiaries. This will usually include taking out section 27 legal notices,  checking with the Department for Work and Pensions and a beneficiary finding company to attempt to locate them. If you still cannot locate the beneficiary, it is recommended to take out missing beneficiary insurance in case they appear in the future. 

Am I liable to pay beneficiaries myself if I am an executor and there is no money? 

Executors are liable to pay beneficiaries personally if there is no money because of their own actions. If the estate is insolvent, the executors do not have to pay from their own money. 

What is a Trust? 

A trust is a legal arrangement created during life or on death. Assets (such as money, property etc) are given to the trust and are managed by the Trustees, for the benefit of someone else, called the beneficiaries. 

What is a Family Protection Trust? 

A Family Protection Trust is a legal set up that allows money to be removed from one person's estate (the “settlor”) and held aside for other people (often family members). This is often to pass on wealth to the younger generations in a tax-efficient way. 

A Family Protection Trust in itself is not a type of trust but is usually a way to describe a type of trust known as a “discretionary trust”. Sometimes these trusts have another type of trust giving income to someone else before the discretion starts. However, because a Family Protection Trust is not a type of trust itself, the terms of the trust will depend on the wording of the trust document and therefore one Family Protection Trust may differ from another. 

Are trusts a good idea? 

For some people, trusts can be a very good idea. However, they are usually only good in very limited circumstances, and therefore it is very important to take professional advice when seeking one.  

How do trusts work? 

When a trust is created, assets are given to the trust. When this happens, they belong to the trust and no longer belong to the person who gave them away. This means that the person giving away the assets can lose control of the assets, and also the benefit of the assets. It also means that the person who gave away the asset is no longer the owner, and this can have various consequences. However, giving items to a trust has various tax implications and it is strongly recommended that you seek professional advice when considering this.  

How much do trusts cost? 

To create a new trust can cost thousands of pounds. As trusts need to be very detailed, heavily advised and written to fit bespoke circumstances, it is usual for creation of a Trust to be around £3,000 - £4,000 before VAT.  

You will also need to consider the ongoing costs of running a trust, such as legal costs for creating appropriate documents and tax incurred by the trust.   

Do I still need probate if I have a trust? 

Potentially, although they are likely to cost you more money and time than an application for Probate would! A Grant of Probate will still be needed if you have assets remaining in your name that require it (such as over £50,000 held with one bank even if it is across multiple accounts). 

Can I use a trust to avoid paying care home fees? 

If you create a Trust solely to avoid care fees, the answer is no as you will be depriving yourself of assets. If you have other reasons to create a Trust, it is best to discuss the circumstances with your solicitor for bespoke advice. 

Can I use a trust to avoid paying Inheritance tax? 

They can help to save inheritance tax in limited scenarios, but they can also create an inheritance tax bill where there would not have been one if the circumstances are not properly considered. 

Since 1 October 2007, Enduring Powers of Attorney were replaced by Lasting Powers of Attorney. However, any existing Enduring Power of Attorney made before 1 October 2007, is still valid but only in respect of Property and Affairs.

If you’d like us to draft a Lasting Power of Attorney you will need to provide us with the following information:

• Your full name and any previous names (e.g. maiden name), date of birth, address, telephone number, mobile phone numbers and email address
• The names and contact details of the person or people you have chosen to act as your attorney(s). (If you want to make both a Personal Welfare and a Property and Affairs LPA, let us know if you want to appoint the same or different attorneys for each).
• If you choose to appoint more than one attorney, you will need to consider whether you want them to work together or have the ability to work alone.
• You will also need to tell us if you require any restrictions to be placed on your attorneys, e.g. if there are specific assets you don’t want them to have power over, such as a house. If you have any personal views you want them to take into consideration about medical treatment or care, then this needs to be recorded as well.

An LPA cannot be used by the attorney until it has been registered with the Office of the Public Guardian. Before an LPA can be registered, it is necessary to notify members of your family or friends whose details are in the LPA that it is the intention of your attorney to register the LPA.

Once registered with the Office of the Public Guardian, your LPA can be used by your attorney in determining matters to do with your Personal Welfare or Property and Affairs.

Although LPAs are mainly designed to be activated following the loss of mental capacity, a Property and Affairs LPA can also be put into action if you still have mental capacity, but would prefer someone else to deal with such matters for you.

There are two types of LPA, which allow you to choose someone to act on your behalf as your attorney, in relation to either your Property and Affairs or your Personal Welfare.

If you make a Property & Affairs LPA, your attorney can make decisions about matters such as buying or selling property, managing your bank account or claiming benefits for you. If you make a Personal Welfare LPA, your attorney will be able to make decisions about where you should live, your medical treatment and any day to day care you require.

Your Will is a private document whilst you are alive and will not become a public document until after you die and probate is granted. Anyone can then obtain a copy from the Probate Registry for a small fee.
While you are alive, no-one has any right to see your Will unless you want them to.

When you make an LPA, it allows you to decide who you would like to deal with your affairs in the future, if you are unable or unwilling to deal with them yourself.

If you have children, you can name guardians to look after them if anything were to happen to you. The choice of guardians is up to you, we are happy to advise you on the factors to consider when making this important decision. If you haven't named anyone to look after your children, it might be that members of your family need to go to court for permission to look after them. In the worst cases, it might mean that your children are taken into care until this is sorted out.

Why do I need a Will if I don’t have anything? 

Everyone has something (clothes, a few pennies, animals etc) – but if they don’t, they at least need someone to be able to wrap everything up (such as outstanding debts etc) on their death (an executor). This can only be appointed in a Will.  

Why do I need a Will if I'm married? 

If you are married and don’t have a Will, the law sets out that: 

1. If you have children, your spouse will get a set amount and your children will get a set amount 
2. If you don’t have children, your spouse gets everything.  

Often, we find that most people expect their spouse to have everything if they don’t have a Will. This can cause problems if the house is only in one person’s name, as they children can become entitled to part of the house.  

It is therefore much simpler to clarify your wishes in a Will.  

Can my beneficiaries be my executors? 

Yes, as long as they are over 18 when you die.  

How much does a Will cost? 

Will costs vary. You may have seen Wills advertised for £19.99 online but be aware of these – often they will try to sell extras in your Will that will be vastly more expensive. Our wills are all inclusive, with no hidden extras. Contact us for an up to date quote on 0116 212 1000 or on pskarlatos@lawson-west.co.uk. 

Can I write my own Will? 

Yes, but be wary if doing so! The Wills Act was created in 1837, and therefore we have nearly 200 years' worth of law telling us what certain phrases and words mean, and how to interpret certain situations. If you accidentally use, or don’t use, one of these, the meaning of your Will may be interpreted incorrectly, meaning your Will may either fail or give your money to the wrong people. You are much better advised to use a solicitor for peace of mind: if it goes wrong, it could cost thousands of pounds to put right when you die.  

Do I still need probate if I have a Will? 

Having a will doesn’t mean you don’t need probate and needing probate (or a certificate from the Court meaning the same thing) doesn’t require a Will. They are two separate things.  

Whether or not you need to obtain a Grant of Probate (or another type of Grant, see “What is Probate” above) depends on the assets in the estate. You will need a Grant if the estate includes one or more of the following: 

1. A house that is held in the sole name of the deceased, or it is held as a tenant in common; 
2. A large amount of money in the bank (this is usually around £50,000, but varies from bank to bank) 
3. A large amount of shares 
4. A large pay out from a life insurance 

Sometimes, asset holders will tell you they need a Grant of Probate or a Grant of administration before they can release the money. In this case, you will need to take one out.  

You may also want to take out a Grant of Probate or a Grant of Administration because you think that someone will make a claim on the estate. By taking out a Grant, you give people notice that you intend to administer the estate, and therefore they need to bring a claim quickly. 

Can my family members witness my Will? 

It is advisable not to. If they are named in your Will, they will forfeit any gift you have left them by witnessing your Will. It is always best to use someone completely independent, such as a neighbour or a colleague.  

Are wills public? 

If a Will is submitted to the Probate Registry after death it becomes a public document. Before this time, it is a private document and shouldn’t be shared with others.  

Can my Will be contested? 

After you have died, your Will could be contested for a number of reasons. People contest Wills for lots of reasons, such as: 

1. They suspect the person who made the Will was forced into making a Will that said something that person didn’t want it to; 
2. They suspect the person who made the Will didn’t have the mental capacity to make a Will at the time they did; 
3. They suspect it is a fraudulent Will; or 
4. They have not been adequately provided for in the Will.  

You can prepare documents before you die to help to show that you intended to create a Will on the specified terms to help fight any challenge after death.  

Can I change my Will? 

Of course! You can either make a new Will, which is often cleaner and easier, or a Codicil, if you only wish to make small changes to the Will.  

Can other people change my Will? 

Whilst you are alive, no, unless the Court of Protection approves a change because you have lost mental capacity and there is a compelling reason to change the Will.  

After death, yes. The beneficiaries can agree to vary the terms of the Will if they so wish. 

Can I make a Will for someone who doesn’t have capacity? 

No, but you can make an application to the Court of Protection for a Statutory Will to be made. There needs to be a compelling case for this: an example may be where a young person was abused by a parent – if they died, their parent would inherit their wealth and therefore it would be appropriate to make a Will for the young person.  

Not necessarily. The Intestacy Rules set out a strict order of who will inherit what. If you have children, your spouse may not inherit everything you own, whether or not you are close to your children or how wealthy they are in their own right. Your spouse might not even get the house, depending on how much it is worth.

Separation can be dealt with in one of four ways, and there are important differences:-

1. Divorce Proceedings - either immediately or some time in the future. These proceedings will result in the marriage being dissolved and each party being free to marry again.
2. Judicial Separation - the procedure for a Judicial Separation is the same as for Divorce, except for the Decree Absolute. The important difference is that it does not result in the dissolution of the marriage. However, the court pronounces that the parties, while remaining married, are not expected to live together. This is what many people think of as legal separation.
3. Formal Separation Agreement or Deed of Separation - if no court proceedings for either Divorce or Judicial Separation are to be commenced, the parties to the marriage can still settle other matters by reaching an agreement privately between themselves e.g. arrangements for the children and financial matters. A Separation Agreement can be drawn up and signed by both parties. This is a legal document and it settles practical issues, but it does not dissolve the marriage.
4. None of the above, it is perfectly reasonable to simply separate - in other words, live at different addresses. However, it is usually a good idea to record in writing how you want to settle practical matters, so as to avoid misunderstandings and future arguments.

Yes, it is possible to oppose a petition for divorce. However statistically is very rare for divorces to be opposed. It is often best to check before commencing proceedings if there will be any opposition.

Usually a straightforward undefended divorce with no delays will take approximately 4 to 5 months from start to finish. If there are no other outstanding issues between the parties (for example regarding children or the family finances).
However, where negotiations continue regarding other matters they can take longer to resolve. That very much depends on how difficult it is to reach an agreement.

In a straightforward divorce, the court fees total £600. Solicitor's bills are calculated on how much time they spend on your case.

When married partners separate, they have to agree how to separate their finances. If the marriage is very short i.e. less than 3 or 4 years, and there are no children, it is possible that the court would look at who paid for things, and who brought sums of money into the marriage, such as a large deposit on the home.
But if the marriage was longer, or if you have children, this would not generally be the right answer.
It is generally accepted that all assets are joint property, regardless of who actually paid for them. Similarly, when sorting out the family finances due to separation, debts and other liabilities would be considered joint, whichever name actually appears on the documentation.
So if you have a family car, which is being paid for on a loan in the name of one of you, it will usually be regarded as a family asset, and a family liability.

You have to show the court that your marriage has broken down 'irretrievably' (one or both of you feel that you cannot stay married to each other).

You can do this by proving one of five facts:
1. Your husband or wife has committed adultery and you find it intolerable to live with them. You prove adultery by your spouse admitting it - if they won't you need to speak to your solicitor. If you continue to live with them for a period of more than 6 months after you find out about the adultery you will generally not be able to use this as your 'fact.'

2. Your husband or wife has behaved in such a way that you cannot reasonably be expected to live with him or her. This covers all kinds of bad behaviour - you need to think about the main things that have made your spouse difficult to live with. These will be summed up in a petition in a few short paragraphs. You cannot rely on single events that took place more than six months ago.

3. You have lived separately for more than two years and your husband or wife consents to the divorce. This is often called a 'no fault' divorce. You can have periods of living together as long as they don't add up to more than six months and you have been apart for at least two years.

4. Your husband or wife deserted you for a period of more than two years. Desertion means leaving your husband or wife without his or her agreement and without good reason.

5. You have lived separately for more than five years. Your husband or wife does not need to agree to this. He or she cannot defend this petition, but can ask the court not to grant the final decree because of a major financial or other type of hardship.

Your pension funds are part of the family assets. You have accumulated these funds during the marriage but when you separate or divorce, and negotiate ideas about how to separate your family finances, you must consider the pensions along with the other assets.

There are different ways in which pension funds can be dealt with in divorces:

Setting-off

The most popular solution. If there are other assets, such as a house, it is usually possible to reach an agreement where the person without a pension fund (or with a much smaller one) should receive a large proportion of the value of the other assets instead of part of the other one's pension fund.

Pension Sharing

Part of the pension-member's pension can be split off from the fund and used to create a pension fund for the other person. The split off section becomes the other person's own pension at the time of the split.

Earmarking

This option is more rare. It means that the person without a pension will receive a proportion of their ex- husband / wives pension when they reach pension age. For example, if a husband starts to collect his pension at age 65, the ex-wife will wait until her ex-husband is 65 before she receives her share of the pension fund.

A Finance Order covers all the financial aspects of your divorce including:

• Your house
• Car/s
• Savings
• Pensions
• Bank accounts
• Contents of the house
• Debts
• Incomings and outgoings etc

The divorce procedure doesn't do this automatically. The costs of this aspect of your divorce depends entirely on how complicated your financial picture is, and how difficult it will be to divide it between you both and enable you to go your separate ways.

To give you some idea of the costs involved, if you and the other side can reach an agreement fairly easily, with only a couple of details to clarify, we could document your agreement for you for around £300 - £400.

But if it is necessary to seek the assistance of the court in finding the fair answer, your costs will inevitably be far more - around £600 - £700 per visit to court. You can expect a financial action in court to cost at least £1,500, if you settle it during the course of the process. If it proves impossible to settle it, and you have to ask the judge to hear the case and decide for you, your costs will be several thousand pounds.

Your solicitor will:

• Meet with you
• Consider information and options
• Prepare documents
• Write letters
• Telephone or receive calls
• Appear for you in court
• Meet witnesses to take statements

This depends on several different considerations, the most important of which is children. If you have small children living with you when you divorce, the court will not let you finish the divorce until it is satisfied that the arrangements for the children have been settled in the best way available to them.

There are strict guidelines for an employer when looking at the correct minimum wages that an employee can be paid.  Current minimums (April 2024) are:

If you believe that your employer is failing in their obligations, please contact us to discuss further. 

It is unlawful for an employer not to provide terms of your employment from Day 1 of your employment commencing.  In circumstances where the employer fails in their obligation, you may be awarded up to four weeks wages by way of compensation. 

If you have expressed to your employer or a prescribed person (regulating body) regarding misconduct or unsafe practices at work, and suffering a detriment as a result, you may be able to present claims to the employment tribunal relating to detriment following whistle blowing.  If you have been faced with this type of situation or similar, please contact our team to discuss further. 

If you are an employee or worker being asked to carry out unsafe practices, this may be against employment law regulations and by doing so you could also be accepting that the conduct is correct.  If you feel the requests are unacceptable or unlawful, you must report the incident to the relevant whistle blowing person nominated within your company and/or prescribed person i.e. the regulating body. 

If your employer has failed to pay you, or paid you less than you are entitled to within your contract of employment, you may have a claim for an unlawful deduction from your wages. The deduction will be unlawful if any of the following applies, it is not required or authorised by legislation; it was not authorised in your contract of employment; it was not consented to by yourself in writing before it was taken.

Completion of your transaction must take place between a Monday and a Friday as most banks and solicitors do not open at the weekend or Bank Holidays.

We estimate approximately 8 to 12 weeks from the date of the Contract pack being received by your Conveyancer for a Freehold Registered property and 12 to 16 weeks for a Leasehold Registered property. We will always do what we can to progress the transaction as quickly as possible, but it is important to remember that if there is a chain, the transaction will only move as quickly as the slowest party in it If you have a particular time scale in mind, please advise us as soon as possible.

We will confirm the amount of Stamp Duty Land Tax payable for your particular transaction, before we commence work on your file and again shortly prior to completion based on the current rules.

Most people prefer to have at least a couple of days between exchange and completion to give them time to make removal arrangements.
However, exchange of contracts can take place up to and including the day of completion (the day you pay for your new property and get the keys, or the day you receive the net sale proceeds if you are selling a property).
If you have a particular timescale for your house move, let us know as soon as possible and we will do our best to accommodate exchange of contracts and completion dates to suit you.

If you are a cash purchaser (that is, you do not require a mortgage to fund the purchase of a property), searches are entirely at your discretion however we would strongly recommend you obtain a local authority search, a drainage and water search and an environmental search to give you a complete picture of the property you are buying.

If you are purchasing with a mortgage, searches are a compulsory requirement of most mortgage lenders.

Buying at auction is a binding commitment and carries the same legal implications as signing contracts through a solicitor - if you are planning to purchase an auction property, it is advisable to have the Legal Pack checked thoroughly before you attend the auction and bid on the property. 

Once you have successfully bid for a property through auction, and the contracts have been exchanged, you are legally committed to purchase the property.

This process is called a transfer of equity. If the property being transferred is currently mortgaged, you will be required to obtain your Lender's written consent to change the ownership. A document called a 'Transfer Deed' is then drawn up and signed by all parties to the transaction, including the mortgage lender. Once this is done, an application will be submitted to HM Land Registry to change the title deeds.

Married couples or people living together can choose to purchase the property as with a) 'joint tenants' which means that upon the death of one or other of them - that person's share automatically passes to the other owner or b) ‘tenants in common’ which means that the deceased’s share does not pass automatically to the other owner, but can be left to a third party in a Will (such as a child from a previous relationship).  Owning as ‘tenants in common’ requires each owner to have a valid Will to ensure the property is passed in accordance with their wishes.

Neither of these choices is permanent and can be changed by the parties at any time, as often as they wish, throughout their ownership of the property.

Disbursements are the additional expenses which are required for the purchase or sale of your property but they do not form part of our professional legal fees. Disbursements are those expenses payable to other outside agencies/third parties i.e. searches, stamp duty land tax and land registry searches. Disbursements should be the roughly the same at all law firms. Our residential conveyancing team will be happy to give you a breakdown of all disbursements when we give you an estimate of our residential conveyancing charges for your particular transaction.

Conveyancing is the legal process in which a property is transferred between owners.

Exchange of contracts is the formal process whereby you become legally committed to proceed with the sale or purchase of your property. You do not need to be present when exchange takes place, however, we will let you know when contracts have been exchanged. From that point you are bound to complete your sale or purchase and there are severe financial penalties payable should either party withdraw from the contract, after exchange has taken place.

Unregistered land is simply land which has never been formally recorded at HM Land Registry. The main reason land remains 'unregistered' is that the property hasn't been sold/mortgaged in the last 40 years, as registration was not compulsory at that time.

Selling unregistered land is not a problem, providing all of the original documents are available. If you purchase a property which is currently unregistered, submission of your application to the Land Registry will trigger 'first registration' as registration is now compulsory throughout the UK. The Land Registry will produce a Title Information Document and a copy of the newly created Register in your name.

The main types of searches that are carried out are:

• Local Authority Search - reveals details of planning history along with any proposals for new roads or traffic schemes.
• Environmental Search - carried out to see if there is any landfill or waste disposal sites in the area. It also checks for toxic emissions, flooding and subsidence.
• Drainage & Water Search - will show whether or not the surface and / or foul water drains run into public or private sewers.

We do not carry out a Chancel Repair Liability Search because most properties now reveal a potential liability. Instead, if the Register to the property you are purchasing has not been updated since October 2013, we will obtain a No Search Chancel Indemnity Policy on completion to protect you in the event of a Chancel Repair Liability being added to the register prior to the registration formalities being completed. For further information please contact us.

Net sale/re-mortgage proceeds will be despatched to you from our conveyancing team on the day of completion by either BACS or Telegraphic transfer to your chosen bank account.

The keys are released when all of the money for the purchase has been received by the seller's solicitor, this will happen on the day of completion and is around 1pm or 2pm, depending on the time specified in the contract you have signed.

If you are in a chain there is an element of flexibility required on the day of completion as all parties are usually moving out on the same day and your sellers will not be able to obtain their new keys until the funds reach their seller’s solicitors and so on.   This will be explained in the report provided to you and also during the transaction.

Registration at HM Land Registry can take anything from a few weeks or months, if the property is already registered.   If the property is unregistered the registration formalities generally takes 1 to 2 years due to the workload and backlog of HM Land Registry.

On a purchase or re-mortgage, we require the amount for the searches as shown in our Fee Estimate from you at the outset to enable us to request the searches on the property on your behalf. 

On all transactions, we also require a payment from you at the outset on account of costs. This amount will be detailed in our initial letter.  

These amounts are then deducted from our final bill at the end of the transaction.