Comments Off on Huge congratulations are in order for Jenna James
Huge congratulations are in order for Jenna James on her well-deserved promotion to Senior Associate Solicitor at Leonard Gray LLP!
Since joining Leonard Gray back in 2017, Jenna’s dedication, expertise and unwavering commitment have been unmatched and her new role as a Senior Associate Solicitor is a testament to her hard work and perseverance.
Jenna, your passion for the legal field and your dedication to your clients have undoubtedly played a pivotal role in reaching this milestone. As you continue to grow in your career, we have no doubt that your impact will only become greater, and your contributions will continue to make a difference to so many people.
Here’s to Jenna and her incredible journey at Leonard Gray Solicitors! 🥂
Comments Off on Our continued accreditation to the Law Society’s Conveyancing Quality Scheme (CQS)
We are proud to continue to have achieved the standards of practice and integrity required to be accredited by the Law Society’s Conveyancing Quality Scheme.
The Conveyancing Quality Scheme (CQS) is a recognised quality standard for residential conveyancing practice.
The CQS client charter is designed to set client expectations on what they can expect from a CQS-accredited firm, such as ours.
Our continued membership of the scheme is your guarantee that our practice will provide you with a professional and quality conveyancing service in accordance with the scheme rules.
What you can expect from us
When you contact us to discuss your sale or purchase, we will explain clearly the steps in the process and what you can expect from your solicitor
We will tell you what the costs will be
We will keep you informed of progress in your sale or purchase
We will work in line with the quality standards of the Law Society’s CQS
We will:
treat you fairly
be polite and professional
respond promptly to your enquiries
tell you about any problems as soon as we are aware of them
ask for your feedback on our service
To get an instant quote online today
Whether you’re buying, selling or remortgaging – you can use our website to get an instant online quote that clearly lists all the third party conveyancing fees and stamp duty payable.
Comments Off on We are delighted to welcome Tiah Coles to the Commercial department at Leonard Gray
Tiah, pictured here with Partner and Head of Property, John Appleby, has joined us from a successful and well known global City law firm as a Chartered Legal Executive.
She has over six years’ experience in Commercial Property work, including lease negotiations and renewals, property portfolio management, conditional contracts, overage agreements and business refinancing.
“I am really pleased to have Tiah on board”John says.
“She joins Leonard Gray at a time of growth for our business and will add significant strength to the team of valued people already working with us. She has settled in superbly and has wasted no time in forging relationships with our key business clients, with whom, she has made an excellent first impression. I am hugely excited about the future for our practice, which continues to pride itself on offering high quality legal advice to both businesses and individuals across a range of important practice areas.”
Comments Off on The Importance of Break Clauses in an Assured Shorthold Tenancy
It is attractive for many to purchase a second or even third home for investment purposes as a buy-to-let, to provide a guaranteed future income or an investment to pass on to children.
Many second property owners have chosen to deal with the administrative side of their properties on their own, in order to avoid incurring legal costs or agency charges.
The rental sector has changed over the years, and the law behind it is becoming more and more in favour of the Tenant’s rights, rather than the Landlords. Landlords who are not familiar with their legal obligations can easily fall into the trap of not putting a break clause in the tenancy agreement, this can cause major problems further down the line.
What is a Break Clause in an Assured Shorthold Tenancy?
A break clause permits either party, Landlord or Tenant, to serve notice on the other by way of Section 21 Notice under the Housing Act 1988, before the end of the term of the tenancy. Pre-COVID only 2 months’ notice was required but post-COVID this has increased to 4 months.
The minimum time before a Section 21 Notice can be served during the term is 6 months. We would, therefore, always advise that a break clause be included in any new tenancy agreement so that the earliest a Tenant or a Landlord can serve a Section 21 Notice on the 2nd month to expire on 6th month.
The reason why including a break clause is important, is that it allows a Landlord to exercise their right to evict the Tenant from the property sooner without the need to give a reason and a Section 21 Notice claim can be dealt with quickly and without need for a hearing.
There are alternative methods to gain possession of your property but these tend to only be relevant if there has been a breach of the tenancy agreement.
If you are a Landlord or an individual who has recently acquired a property as an investment, please do not hesitate to contact our Head of Dispute Resolution Maria Orfanidou at Leonard Gray LLP to discuss your legal options before entering into any new tenancy.
Leonard Gray is pleased to announce some new additions to the team, pictured here with one of the partners, Chris Kelly.
These are pictured left to right:Charlotte Treves(Chartered Legal Executive in the Family Team), Tiah Coles(Chartered Legal Executive in the Commercial Team), Sigourney Rutkowski(Solicitor in the Private Client Team) and Maria Orfanidou(Head of Dispute Resolution).
Chris Kelly, partner, said: “It has been such a difficult 16 months for so many people so it is really good to finally be able to share some positive news. I have been very pleased to have welcomed Maria, Charlotte, Tiah and Sigourney to Leonard Gray over the last 8 months or so. They have all settled in well and, with the experience and energy that each of them bring to their respective teams, I have no doubt that we are in a great position moving forward.
This year marks the 130th year for the firm providing legal services in Chelmsford and with the hard work of our excellent existing staff, along with these fantastic new additions, I believe that the firm is now as strong as it has ever been.”
Comments Off on Wills Act: Video Witnessing Amendment
Formalities of making a Will
The requirements for ensuring that a Will is validly executed (signed) are contained in Section 9 of the Wills Act 1837. It states that a Will must be in writing and signed by the testator in the presence of two witnesses. The two witnesses must then also sign the Will in the presence of the testator.
Due to the Coronavirus pandemic the signing of Wills adhering to the formalities were proving difficult, especially for those self-isolating or shielding. These difficulties were recognised and changes to the Wills Act 1837 were introduced.
Changes to the Wills Act 1987
The Act now provides for the ‘presence’ of those making and witnessing Wills to include a virtual presence, via video-link, as an alternative to physical presence. The amendment still requires that the Testator and witnesses have an unobstructed line of sight, and witnessing must be done in real time. Therefore witnesses cannot sign the Will having seen a pre-recorded video of the Testator signing it.
Changes to the Wills Act 1837 will apply to Wills made from 31 January 2020 and will run until 31 January 2022 (unless extended) except in limited circumstances.
Our views
The amendment did not arise until September 2020 (albeit backdated to 31 January 2020) and by this time Leonard Gray’s Private Client team had already come up with other ways Wills could be signed in the height of the pandemic.
Witnessing took place through windows, an open door of a house or in adjacent rooms, ensuring that a clear line of sight was maintained whilst keeping socially distanced. Staff attended clients wearing face masks and gloves, using hand sanitiser and taking their own pens.
Despite the amendment we continue to advise clients that witnessing via video link should only be carried out if witnessing in the conventional method is impossible. For those that have had their Wills witnessed via video link we recommend that these be re-signed and witnessed once it is safe to do so in the conventional methods, to help minimise any validity claims in the future.
At Leonard Gray LLP we are now seeing clients at the office by appointment only, where absolutely necessary, and have implemented the following guidelines to ensure our office remains Covid secure:
We have a gazebo in our Courtyard so that meetings can take place outside
Installed partition screens in all meeting rooms and reception areas
Social distancing is being observed throughout the office
Clients are required to wear face coverings
Hand sanitiser provided throughout the building
Limiting numbers in the office, this includes both staff and clients
Asking that clients do not touch objects or surfaces unless necessary
Regular cleaning of the office, including chairs, tables and door handles after each meeting and at regular intervals.
Should you be concerned about the validity of your Will, how it should be signed or wish to discuss any changes to it please contact a member of our team on 01245 504904.
Comments Off on Making a Will – is the feeling Mutual?
What are Mutual Wills?
Mutual Wills are a type of Will in which people decide to make Wills in similar terms and agree that in the future they will not revoke or amend that Will without the consent of the other party. This means that once one of the parties dies, the other person cannot change their Will.
“Mutual Wills” should not be confused with the more common “Mirror Wills” in which people make Wills in similar terms but are not “tied in” to the terms of the Will and can change them at any time.
How is a Mutual Will recognised as such?
Usually a Mutual Will contains wording to say that the parties have agreed with one another that the Wills shall not be revoked or altered during their joint lives or changed by the survivor. However, even if this wording is not included, a claim can be made at a later date that the Wills are intended to be Mutual Wills if a claimant can provide evidence to the effect that the Testators had intended that the survivor would not change the Will. Of course, proving the joint intention is much more difficult without the wording included.
In 2017 The Law Commission considered abolishing the concept of Mutual Wills but decided against it.
Why do people make Mutual Wills?
The main reason that people enter into Mutual Wills is that they wish to ensure specific beneficiaries inherit when both parties have passed away. This may be suitable in second marriage situations where there is a concern that the survivor could potentially disinherit the original agreed beneficiaries from one side of the family, choosing instead to distribute the “joint” estate to beneficiaries from the other side of the family.
There are other methods of dealing with an estate which can preserve assets for named beneficiaries whilst still allowing the survivor the freedom to distribute their own assets however they please. For example, a Life Interest Trust can be set up within a Will where there is a jointly held property which, on first death, would give the survivor the freedom to live in a property but secure the interests of named beneficiaries on the survivor’s death. In that situation, one half of the property would be held in trust and the other half still owned outright by the survivor. This also has the added benefit of protecting one half of the property value against potential care costs.
Adapting to changing circumstances
The usual principle when making a Will is that a person who has the necessary testamentary capacity is free to change their Will at any time. By entering into a Mutual Will both parties give up their right to change their Will if they outlive the other party regardless of the situation at that time. Similarly, they are also unable to change their Will during their joint lifetime without the other person’s consent.
The future cannot be predicted at the time of drafting the Wills and the actual situation may turn out to be totally different to the anticipated scenario. For instance, following the first death, the survivor may review the situation and decide that their children are financially secure and may wish to change the residuary beneficiaries under their Will in order to help grandchildren get onto the property ladder instead. With a Mutual Will, the survivor could not do this.
Is there anything that can be changed under a Mutual Will?
It is possible for the survivor to change the Executors of the Will, but not the beneficiaries.
What happens if the survivor remarries or makes a new Will?
It is also worth noting that after the first death a Mutual Will is not revoked on remarriage as is usually the case for “normal” Wills and the terms of the Mutual Will remains binding on the surviving testator’s estate.
If the survivor is unaware of the restriction and does make a new Will contrary to the agreement, on their death, the personal representatives will hold the assets relating to the Mutual Wills on a Constructive Trust for the beneficiaries of the earlier Will. Obviously establishing the extent of those assets (for example the value of a property and amount in bank accounts) can be problematic, especially if the first death occurred many years previously and accurate records have not been kept. This can lead to dispute and costly litigation.
Conclusion
Mutual Wills do serve a purpose in the context of Will preparation but they can be inflexible and restrictive. There may be alternative options which can be discussed should you wish to ensure that joint assets are preserved for certain beneficiaries after a second death scenario.
Whilst the act of parent alienation is recognised in Family Courts, by social workers and those working closely with children, there is no single definition to explain “parent alienation”.
However, it is now identified by Cafcass (who are the Courts appointed social workers) as “when a child’s resistance or hostility towards one parent is not justified and is the result of psychological manipulation by the other parent”. In simple terms this is when a parent is manipulating a child and a result of that manipulation, the child no longer wishes to see the other parent. This often arises following a separation between the parents and can have negative long-term effect on the child’s emotional development and future relationships.
It is a child’s right to have a loving relationship with both parents. To be denied this right by one parent, without a good reason, is psychological abuse.
There can of course be many reasons for why your child is refusing to have contact with you and therefore, it does not automatically mean that you are being “alienated”. It can simply be that your child needs some space to adjust to your recent separation. That said, each case must be assessed on its facts. If you are concerned that you are being “alienated”, the following indicators may be helpful to identify the same:
Your relationship with your child has suddenly deteriorated.
Your child no longer wishes to see you or speak to you.
You are aware that your ex is repeatedly belittling or denigrating you in front of your child.
You are aware that your ex is preventing your child from having contact with you.
You are aware that your ex is telling your child that you do not love them.
You find out that your child is no longer allowed to speak about you in front of your ex.
The above is not a complete list. The Courts recognise that “parent alienation” exists and widely encourage parents to take action as soon as possible so it can be addressed before any significant harm comes to the child. If you are unsure if you are being “alienated” or would like to discuss any of the above issues in more detail then please feel free to contact us on 01245 504904 to book an appointment.
Throughout my years in dealing with divorces and separations, I have come across a number of common misbeliefs held by clients which need to be debunked.
In this article, I have set out the top ten, in no particular order.
“I can petition on a “no-fault” basis”
Whilst the government has announced that new legislation will be brought for the long-awaited “no fault” petition, unfortunately, it is still in the process of being implemented. This means that until the “no fault” petition is in use, the current process (of relying on one of the five factors) will apply. These are adultery, behaviour, desertion, two years’ separation with consent and five years separation (without consent). Whilst an unhelpful start to the divorce process, this does not mean that you have to be at war with your ex-partner.
“I want a quick divorce”
There is no such thing as a “quick divorce”. Even if the matrimonial property and assets have not been dealt with, it can still take up to 6 months to finalise a divorce. This is because our Courts are very busy and there are compulsory waiting periods (such as 6 weeks and a day between Decree Nisi and Decree Absolute). All divorcing couples are of course advised to deal with the financial matters at the same time, so as to prevent any claims against them in the future.
“Adultery means I will get a better settlement”
Whilst adultery is a factor on which a divorce petition can be issued, the grieved party does not automatically get financial compensation for adulterous behaviour. Instead the Court will look to find a fair solution that meets the family’s needs.
“I can use my adultery to start a divorce”
Adultery can only be relied on if it has been committed by the other party. This means that only your spouse can petition on your adultery; not you. If you are in this situation, this does not mean that you cannot issue divorce proceedings. The fact of “behaviour” is likely to apply in this scenario. As it stands, adultery can only occur between members of the opposite sex. If your former partner has had an adulterous relationship with someone of the same sex, you must cite their behaviour for the divorce.
“Decree Nisi finalises my divorce”
It is a common belief that the divorce is finalised once Decree Nisi has been pronounced. However, your divorce is only finalised once Decree Absolute has been granted. Until such time as Decree Absolute is granted, you remain married (and cannot therefore re-marry!).
“The Judge will automatically Order a Decree Absolute”
If you wish to finalise your divorce, an application will need to be made to the Court. Decree Absolute will not automatically be made by the Court. If you do not finalise the divorce by applying for Decree Absolute, you will remain married.
“The matrimonial finances can be finalised without Court intervention”
This is one of the most harmful myths that I come across again and again. It is not uncommon for separated couples to believe that their finances are in full and final settlement of all claims if they divide their assets without the Court’s involvement. However, this is incorrect and often leads to uncertainty in the long term.
The only way to finalise the matrimonial property and finances is by way of a Court Order. This does not mean you need to enter into disputed proceedings. An agreement can be submitted to the Court for the Judge’s review and approval. If the Judge is satisfied that the agreement is fair, he/she will make a Court Order. However, until an Order is made, your spouse’s claims against your assets remain open and are often a ticking time bomb. There are cases where one party has come back and made a claim on the other 20 years on!
“There must be a 50/50 split”
Whilst the general starting position is equality, the Judge can depart from an equal split of the matrimonial assets if he/she determines it is fair in all the circumstances of the case to do so. Therefore, a fair Order (depending on the circumstances) may be an unequal division. This area of law is not straight forward and therefore requires advice from a family law specialist.
“I am protected by common law marriage”
It is understandable that after many years of living together under the same roof as a family (no different to a married couple) that you would consider yourself protected by the law under “common law marriage”. Unfortunately, that is not the case. “Common law marriage” is a myth and unless you are legally married, in the eyes of the law, you are considered as cohabitees. The law applicable to two people living together (without marriage) is very different to two people living together as a married couple. The law related to cohabitees is less favourable and you do not automatically have an entitlement to your partner’s assets. This is a complex area that requires advice from a family law specialist.
“I had a religious ceremony so I have legal rights”
All religious marriage ceremonies do not result in a legal marriage. In the eyes of the law, if the correct procedure is not followed, the marriage will not be valid and it means you are living with your partner as a cohabitee with limited financial protection (if any). Religious marriages from faiths such as Islam, Sikhism and Hinduism are only valid if all the civil requirements have been met. By way of example, if a Muslim “nikkah” (the religious marriage ceremony) does not take place in line with the requirements of a legal marriage, the couple will also need to undertake a civil ceremony. In the absence of a legal ceremony, their marriage remains legally invalid.
If you would like to discuss any of the above issues in more detail then please feel free to contact us on 01245 504904 to book an appointment.
Comments Off on Valuing an Estate for Probate and Inheritance Tax
A question that many clients often ask is how do you value an estate where someone has died for probate and Inheritance Tax and what assets much actually be recorded.
Other queries that come up are whether the value of personal items need to be included, what happens about jointly held property and what to do about any assets held abroad. In this article I shall try and explain how an estate should be valued.
What assets should be included?
Simply put, all assets that have any value at all should be reported on either form IHT205 (the simpler return usually completed when there is no tax to pay) or on form IHT400 (the Inheritance Tax account that is completed when there is tax to pay or other criteria are met).
There is no minimum value that can be omitted when valuing an estate and therefore any assets with value should be included.
Bank accounts
Any solely held bank accounts should be valued by taking the capital balance as at the date of death and adding any interest accrued but not credited. The simplest way of doing this is to ask the bank for this value in writing as at the date of death and they should, as a matter of course, add the interest accrued but not credited in their calculations.
Gifts in the last 7 years
If someone has made gifts in the last 7 years of their life, the value of these will need to be ascertained at the date they were given as they may well have an impact on the value of the available nil rate band as at the date of death. Likewise any gifts with reservation (the subject of which goes beyond the scope of this article) would need to be ascertained.
Land and buildings
It is usual in taxable estates for a Chartered Surveyor to provide a valuation on land and buildings as the Revenue can penalise personal representatives who submit inaccurate valuations when completing form IHT400. Where an estate is not taxable it may not be strictly necessary for a valuation to be carried out by a Chartered Surveyor but it is best to take advice in each case to ascertain what should be done.
Jointly held property
Often spouses will own joint property together such as bank accounts and maybe their own home. Jointly held assets need to be reported separately on forms IHT205 and IHT400 and a distinction is made as to whether the property passes by survivorship (usual for bank accounts and houses held as joint tenants) or whether in fact it passes under the terms of the deceased’s Will (usual when property is held jointly as tenants in common). Valuing this sort of property depends on a number of factors and sometimes if the property is jointly held, is land or a house and is owned with someone other than a spouse, there will be a joint ownership discount on the value. Ordinarily though, it would be a case of ascertaining what the deceased’s share of the property is and then taking this as a proportion of the overall value.
Foreign property
If the deceased had assets abroad then the value of any foreign property will need to be included. Valuations should be obtained in the usual way from the country that the deceased held assets in. If an estate is taxable by HM Revenue and Customs then it may well be the case that a discount can be obtained on the tax payable here equal to the tax payable abroad (if any).
Stocks and Shares
Shares in smaller companies should be valued by an accountant.
In publicly quoted companies there is a special formula for valuing shares on the date of death whereby the quarter up price is taken on the difference between the high and low values on the date of death. If someone died when the relevant stock exchange was closed, (ie, bank holiday or at the weekend) then the lower of the two days either side may be used.
Some shares attract reliefs depending on the exchange they are quoted on.
Trusts
If the deceased did benefit from some form of trust during their lifetime then it is highly likely the details will need to be reported on form IHT400. Again, professional advice is likely to be needed to decide whether this will be necessary and how an interest in a trust should be valued.
Life insurance policies
If these are payable to the estate, the insurance company will usually be able to supply a letter confirming the value as at the date of death.
Pensions
If a lump sum or ongoing benefits are paid to an estate after someone has died, the pension scheme will normally supply a letter giving these details so they can be reported.
Business interests
Shares in private companies should be valued by an accountant as should other business interests. It is often the case that reliefs can be secured against such assets to reduce Inheritance Tax.
What liabilities can be deducted?
After all of the assets have been added together this will give you a gross figure for the estate. From this liabilities may be deducted. However, only liabilities of the deceased such as the funeral account, memorial expenses, monies owed at the date of death and any liability to personal tax may be deducted. Costs of the administration such as death certificates, executors’ expenses, Inheritance Tax, etc cannot be deducted.
After the deduction of liabilities, a net figure for the estate will then be produced.
Conclusion
This is not intended to be an exhaustive explanation of how an estate should be valued for Probate and Inheritance Tax after someone dies. I have, however, tried to outline the broad elements that should be taken into account when trying to create the snapshot of the deceased’s finances and their estate as at the date of death.
There is no substitute for professional advice when dealing with an estate and should you wish to explore the above matters or anything else in further detail, please do not hesitate to make contact.
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