Sara Frost

Sara Frost

Making a will is essential if you wish to ensure that your loved ones are provided for in the event of your death. If you do not make a valid Will, a strict set of rules known as the ‘intestacy rules’ would apply to your estate. These rules determine who would benefit from your estate and you would not have any control over this. Making a will allows you to decide what will happen to your money, property and other assets after your death.

A common misconception is that if you are married or in a civil partnership, all of your estate would pass automatically to your spouse or civil partner on your death. Your spouse or civil partner would in fact inherit a fixed sum and the balance would be held in an on-going trust, or distributed between other relatives. The result is unlikely to be satisfactory. If you are unmarried, your partner would not be entitled to any part of your estate unless you had made provision for them in a Will.

A Will can also deal with the appointment of a suitable guardians for children, so if you have young children it is essential to ensure that those children will be cared for in the event of your death.

Furthermore, a professionally drafted Will can help you minimise or even eliminate Inheritance Tax.

It is very important to keep your Will under regular review to ensure that it continues to set out your wishes, particularly in light of changes to your assets, your personal circumstances and the circumstances of other family members, the circumstances of executors and/or trustees named in your Will and Inheritance Tax legislation.

If you would like to make your new Will, update your existing Will, or discuss any other estate planning issues, please contact Nicholson Portnell and speak to Alan Douglas, Sara Frost, Rebecca Griffiths or Michelle Forster.

Emma Heather

Emma Heather

When it comes to dividing assets on the breakdown of a marriage, the law in England and Wales is complex, outdated and in many ways not fit for purpose. Decisions made by judges can often seem arbitrary and generally at least one, but often both, parties are unhappy with the outcome.

If a divorcing couple are able to reach an agreement about financial matters then they can present an Order to the Court for judicial approval (known as a “Consent Order”). Usually, a Consent Order will be approved so long as sufficient information is provided for the judge to be satisfied that the arrangements fall within a range of possible outcomes that could have occurred if the matter had been decided by a judge.

Sometimes people reach an agreement about financial matters not because they think the arrangement is fair or reasonable but because they cannot afford to fight their corner at Court or perhaps because thy are too upset by the breakdown of the marriage to go on to have acrimonious proceedings about financial matters.

There is another way you can decide in advance what will happen about financial matters if your marriage subsequently breaks down. If you reach an agreement before you get married it is known as a Pre-Marital, or a “Pre-Nup”. The law in relation to the Pre-Marital Agreements has developed significantly over the last 15 years. Whilst the Court will ways have discretion to review financial agreements on divorce there are a number of practical steps that couples can take to significantly improve the prospects of their agreement being upheld by the Court:

  • Both parties should receive independent legal advice about the agreement at the outset.
  • Full and frank financial disclosure of both parties’ assets should be made prior to the agreement. Assets should not be hidden, or the value distorted.
  • The agreement should be concluded at least 21 days before the marriage.
  • Neither party should be under pressure or duress to sign the agreement against their will.
  • There should be no significant change which would make the agreement inappropriate (for example, the birth of children).
  • The agreement must be fair and realistic. If the division of assets is weighted too heavily in the favour of one party, it may be judged unfair by the courts.
  • Prenuptial agreements should be reviewed and amended during the marriage, particularly when any child or children are born and periodically in any event.

In our experience, if parties comply with these requirements then it is very likely that the court will do anything other than enforce the terms of the agreement. Even if an agreement has not been made before marriage, it is possible for a couple to enter into a Post-Martial Agreement that sets out what will happen in relation to the couples’ financial arrangement if the marriage subsequently breaks down. Indeed, it is wise for any Pre-Martial Agreement to be regularly reviewed and when appropriate converted into a Post-Martial Agreement. That means couples’ current circumstances are catered for and there is less chance that the Court will find the Agreement is out of date and so shouldn’t be upheld.

The same considerations apply to same-sex marriage and civil partnerships as well so anyone that is concerned about their financial future should consider a Pre-Martial or Post-Martial Agreement with their partner and take independent legal advice before finalising an agreement.

Nicholson Portnell can advise you about these and other matrimonial matters as well as assess the most appropriate way in which to fund your legal fees.

Contact: Emma Heather, Kathryn McGeary, Janine Calkin or Victoria Waters.

Alan Douglas

Alan Douglas

In the New Year thoughts will turn towards our New Year’s resolutions. Why not make a resolution this year to put your legal affairs in order? Making a Will and a Lasting Power of Attorney makes matters as easy as possible for your family to deal with if the worst happens.

Making a Will allows you to decide what will happen to your money, property, and other assets after your death. You are also able to appoint the executors who will deal with matters at that time.

A Lasting Power of Attorney is a legal document by which you can appoint any you choose to deal with matters for you whilst you are still alive, but if you have become unable to deal with things for yourself. There are separate documents available for property and financial matters or for health and welfare decisions. No family member (not even a spouse) has any automatic right to deal with matters or make decisions for you unless you have made a Lasting Power of Attorney. This includes the giving or refusing of consent to proceed with life sustaining treatment.

At Nicholson Portnell our specialist Solicitors are available to discuss these matters with you and if  you wish to discuss any of the points raised above, please contact Alan Douglas, Sara Frost, Rebecca Griffiths or Michelle Forster.

Emma Heather

Emma Heather

Most people think that it will not happen to them. But it can and it does.

Music, boundaries, high hedges and trees, access to land, rights of way, fences and walls are just some of the issues that neighbours can fall out about.

Anybody can find themselves involved in a neighbour dispute. Whether you have been good friends and neighbours for many years, or if you have new neighbours, difficulties can arise at any time.

Talking about the problem and agreeing a solution is generally the most effective way to deal with the matter.

If you cannot resolve the matter then careful consideration will have to be given to how to proceed.

  • Is there a compromise that will be acceptable to both parties?
  • What are the legal rights and responsibilities of each party?
  • What evidence is available?
  • What remedy can the Court or Tribunal award? (Sometimes it will be a financial compensation only).
  • Can you afford to take the matter further? Do you have any source of legal funding?

Playing music loudly might be dealt with by speaking to your neighbour and asking them to turn the volume down or not to play the music at all after a certain time. Any potential difficulty might be nipped in the bud there and then. Nothing more will be said about the matter.

If your neighbour needs to erect scaffolding to carry out building work you may have to agree to that. What if it would affect your light and views though? Would you still agree? Would the Court order you to allow your neighbour access regardless of your view?

If neighbours cannot resolve their differences then emotions can flare and matters can escalate very quickly. Nicholson Portnell can advise you about these and other Dispute Resolution and Litigation matters as well assess the most appropriate way in which to fund your legal fees.

Alan Douglas

Alan Douglas

If someone has died leaving a Will which does not meet the needs of all the people who should benefit from the estate it may be possible for the beneficiaries named in the Will to agree to change its terms.

This is referred to as a “Deed of Variation” or a “Deed of Family Arrangement”.

This may be advisable because the Will was made some time before death or because it does not make the best use of current tax planning opportunities. It may be that the children of the deceased wish to pass on their inheritance to their own children without inheritance Tax becoming payable. Or perhaps the Will does not include someone who should have been left a legacy – for example a grandchild who was born after the completion of the Will and was therefore not named in it.

Any variation of the Will must be completed within the 2 years of the date of death. It must be agreed to by everyone who would receive a lesser share of the estate as a result of the deed being completed. The beneficiaries must be all old enough to agree to a variation.

If no Will was left then it may be possible for the people who are benefitting under the laws of intestacy to agree to distribute the estate in a different way. This may be because they wish to include legacies that they agree that the deceased would have liked to make, or because it is more tax efficient. They may also consider that it is fairer to the surviving spouse to give them a bigger share of the estate then they might have received on intestacy.

Nicholson Portnell have a specialist Wills and Probate department with solicitors who are members of the specialist Society of Trust & Estate Practitioners. If you wish to discuss the above or any other matter please do not hesitate to contact Alan Douglas, Sara Frost or Rebecca Griffiths on 01434 603656 or reception@nicholsonportnell.com

Simon Jewitt

Simon Jewitt

Shared ownership is a scheme initiated by the Government to help first time buyers establish themselves on the property ladder. In such a scheme, the buyer shares ownership with a Housing Association or developer. Shared Ownership means what is says, namely sharing ownership; it does not involve sharing occupation of a property with other people who live in the same property such as friends or family.

Such schemes are not available for every property; they are only available in connection with a relatively small number of participating developments.

Shared Ownership is the main affordable Housing Scheme and is an excellent way into home ownership for those who would otherwise not be able to get a foothold on the housing ladder. If you cannot afford to buy outright, you buy only a part of the ownership of your property, and you rent remainder.

The share you can buy is usually between 25% and 75%. You can take out a mortgage to buy your share or pay for it with savings. You’ll also need to pay a deposit, usually between 5% and 10% of the share you’re buying.

Usually, you initially but at least 25% share in the property under a long lease. You then pay market rent on the share that you have not bought. This has the consequence that the larger share you buy, the less rent there is to pay.

When the time comes when you can afford to buy a greater share of the property, the lease provides that you can do so. You have the right to acquire further shares in the property based upon the market value from time to time. These shares, depending on the terms of the lease, can be as small as 10& in some schemes.

If the time comes when you have purchased 100% share in the property, you can then have the freehold of the property transferred to you without having to pay any further price. If. In the meantime, you wish to sell your part-share of your home, you can do so as any time, as long as you can comply with the procedures laid down in the lease by the Housing Association or developer.

Mortgages are available from certain lenders for the purchase of the initial share and for subsequent shares.

All our conveyancing solicitors at Nicholson Portnell are familiar with such schemes and would be happy to assist you more fully if you chose this way of entering the housing market.

 

We are taking part in Will Aid 2022 this November! #WillAid2022

Private Client team – Alan Douglas, Rebecca Griffiths, Michelle Forster and Sara Frost.

The Wills and Probate team at Nicholson Portnell have been hard at work participating in the annual Will Aid Scheme.  Sara Frost, Alan Douglas, Rebecca Griffiths and Michelle Forster are all members of the specialist Society of Trust and Estate Practitioners. They have prepared simple Wills free of charge for clients who have made a donation to the Will Aid Scheme.  Will Aid is a charity which raises funds from solicitor’s clients in this way and distributes those funds to their partner charities across the UK and around the world.  The nine charities including Save the Children, Age UK and the British Red Cross.

 

Nicholson Portnell has supported Will Aid since 2018 raising a cumulative total of £3,075 for the charities.  Nicholson Portnell hopes to support Will Aid again in 2022.

 

Making a Will and ensuring it is kept up to date is one of the most important things that you can do for your family. 

 

To discuss making a Will, or for any other aspect of estate planning or probate advice, please contact the Wills and Probate department at Nicholson Portnell on 01434 603656 or reception@nicholsonportnell.com.