guides and information sheets

Wills and probate

Making a Will - you may consider that a Will is not necessary and that what you own will be fairly distributed on your death anyway. But that is not necessarily the case. Parliament has laid down strict rules for the distribution of the property of a person who has died without making a Will (intestate).
Excluding people when making a Will - when you make a Will the overriding principle of law is that you have complete freedom to provide for your estate to be distributed in whatever way you choose. However, this freedom is restricted to an extent by the provisions of the Inheritance (Provision for Family and Dependants) Act 1975.
Directions for signing a Will or Codicil - what to do if any alterations need to be made to a Will (or Codicil).
Domicile - domicile is an important legal concept when it comes to preparing Wills and administering estates of people who have died. It can also determine how much of an estate is liable to Inheritance Tax.
Lasting Powers of Attorney - problems can arise if you are no longer able to manage your affairs owing to an accident, illness or old age. For example, what will you live on? How will you pay your bills? Who will sign necessary documents for you?
Administration of estates - most people will at some time or other have to face the death of a close member of the family. If this happens to you, in addition to coping with your grief you may have to deal with the business and financial affairs of the person who has died.
How to save inheritance tax on your death - married couples often make Wills, which provide that, when the first of them dies, his or her estate passes in total to their widow or widower, and on the death of the survivor the combined estate passes to their children. This ensures that the survivor is adequately provided for according to the assets available.
Inheritance Tax - the use of lifetime exemptions - in considering tax planning, clients often overlook the lifetime exemptions available for Inheritance Tax (IHT). They may seem small, but used wisely each year significant tax savings can result.

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residential property

Do I need a survey? - it is a general rule when you buy a property that any problems with that property after you buy will be your problems! It is up to you to satisfy yourself about the structure and condition of the property before you buy. It is unlikely that you will have a comeback against the seller if there are problems.
Stamp duty land tax (SDLT) - from 1 December 2003, stamp duty was abolished and a new tax called stamp duty land tax (SDLT) was introduced which affects all land transactions. Stamp duty has been payable according to the document by which the sale (or lease) was effected and solicitors acting for the buyer (or lessee) would have completed the necessary forms on their behalf. Under the new regime, on completion of a land transaction, the person responsible for paying the duty (normally the buyer or the lessee) will be required to complete and sign a Land Transaction Return. This form must be signed by you, the tax payer.
Release of keys - where an empty property is being sold the buyer will often enquire whether he might be allowed to have a key so as to gain access prior to completion. This may arise for a variety of reasons, either because he wishes to carry out repairs, alterations or painting; to move some of his furniture in or just to clean prior to moving in.
Identity procedures – government regulations mean you must prove who you are - the UK is a major international financial and legal centre with a high reputation for honesty and integrity. Unfortunately that is why professional and financial businesses like banks and solicitors firms are attractive to money launders – criminals who sometimes try and hide stolen money by turning it into legitimate income.

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motoring offences

Smoke-free vehicles - introduced by the Health Act 2006, the smoke-free legislation is another example, like it or not, of how our behaviour behind the wheel of our vehicle is being increasingly regulated. We have set out for you a summary of the law to remind you how it may affect you when you are driving.
Using a hand-held mobile phone whilst driving - drivers need to be aware of a ruling which, if accepted as a correct interpretation of the law, casts a wide net over actions that constitute 'using a hand held mobile phone'.

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personal injury

Personal injury claims - personal injury claims often arise from road traffic accidents or accidents caused in the home, at work, on holiday or outdoors. Some claims can be complicated and require specialist opinions.
Liability for a road traffic accident - parties involved in an accident are expected to try to reach agreement about their claim without using the court process wherever possible. The court rules require the parties for example to tell each other what they say happened at the time of the accident and disclose any evidence to support their case to try to facilitate settlement. A 'cards on the table' approach is expected from both parties.
What happens if court proceedings are started? - we will have tried to settle your claim without going to court. However, sometimes there are aspects of the claim that the other party’s insurers refuse to accept. If we consider they are being unreasonable, and if we consider you would receive more compensation, then we may recommend that court proceedings be started.
Assessing a claim for personal injury compensation - it seems an impossible task to place a monetary value on pain and suffering. This client information sheet outlines how is it done.
The medical examination - any claim for compensation must have a medical report to support it, prepared by a medical expert, which has been agreed with the other side. The medical expert must examine you to assess your injuries and any ongoing symptoms from which you may be suffering.
Legal expenses funded claims - your freedom of choice of solicitor - after an accident, which may be someone else's fault, your initial action may be to contact a solicitor, or a claims handler, to obtain legal advice about your rights. However it is not enough to know your rights, it is also crucial that when you are considering pursuing a civil claim, you investigate how you will be able to fund the legal costs of bringing that claim. Those costs can be very high, particularly in clinical negligence claims, and you will need careful specialist advice.

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Contact us if you would like some more information on any of the topics above or any others not listed here.