What Makes A Valid Will?

By Tim Bishop | Published: May 16, 2012

Your will is a very important legal document, and as such, needs to fulfil certain criteria. Without these criteria in place, the will is not valid, and may be challenged and overturned.

A will is valid if:

• it’s made by a person aged 18 or over, voluntarily and without being coerced by a third party;

• it was made whilst the person was in their sound mind, ie, they’re aware of what they’re doing and the implications of doing it, as well as being aware of the estate they’re intending to bequeath and the identity of the people they want to inherit;

• it’s in writing;

• it’s signed by the person making the will in full sight of two witnesses, neither of whom can be beneficiaries or the married partner of a beneficiary;

• it’s signed by the two witnesses after the main signatory.

Dating the will is not strictly necessary, but it obviously makes good sense to do so. Once the will is signed and witnessed, it becomes valid with immediate effect, and you must not alter it in any way. If you need to make changes to your beneficiaries or legacies, you will need to add a codicil, which must be signed and witnessed in the same way, or have a new will drafted.

If you’re thinking of making a new will, or in fact your first will, get in touch with our specialist wills and probate solicitors –drawing up a straightforward will will cost you just £150 plus VAT -not much to pay for real piece of mind.

However if a beneficiary, or other potential claimants is disputing the validity of the will, don’t hesitate -contact a specialist solicitor. For more information about the possibility of disputing a will, why not pay a visit to our dedicated Contesting a Will micro-site – or get in contact with our highly specialist inheritance lawyers on [01722] 422300 for FREE initial phone advice.

Posted in Contesting Will, Wills | Comments closed

Frequently asked questions about neighbour disputes

By Tim Bishop | Published: May 14, 2012

Disputes between neighbours can be extremely distressing for those involved and what may start out as seemingly minor issues can, if not correctly managed, quickly escalate into costly legal disputes and court action which far outweighs the value of any rights lost or damaged.

What kind of disputes can arise?

Such disputes often relate to noisy neighbours or issues regarding boundaries, tree root problems, party walls, general construction work issues or parking.

I have fallen out with a neighbour – what should I do next?

Try to resolve the problem amicably if possible whilst also recording and dating all incidents as this may need to be produced to court at some stage.

How do I find out the boundaries of my property?

A copy of your Land Registry title which documents boundaries and scale can be obtained inexpensively from the Land Registry. You are also advised to check the paperwork from your solicitors and request a copy of your purchase file from them if necessary, to ascertain if there are any historical deeds, a copy of which may also be obtained from your lender.

What should I do if my neighbour is being persistently noisy, abusive or threatening?

The police or Local Authority may intervene if the threats and abuse are serious, amount to harassment or there is persistent and serious noise nuisance.

What is the Party Wall Act?

The Party Wall etc. Act 1996 provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings. The Act also provides for both parties to appoint surveyors or a single agreed surveyor who will act impartially. They will draw up an award detailing the work to be done and the condition of buildings will be recorded, together with timetables for access and work.

If you are in the unfortunate position of an escalating dispute with a neighbour or would like to pre-empt a potential dispute, for specialist legal advice you can rely on, contact one of our Solicitors in Salisbury, Amesbury, or Andover today.

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Why you should seek a specialist Lease Extension Surveyor

By Tim Bishop | Published: May 10, 2012

The majority of surveyors rarely deal with lease extension valuations and few high street surveyors completely understand how leasehold extensions really work due to their complexity and are unlikely to be able to provide you with a proper valuation. Therefore it is vitally important that you find the right specialist lease extension surveyor to provide you with an expert valuation. They will:

• Provide a specialist valuation report on a reasonable price for your leasehold extension

• Negotiate on your behalf with the freeholder and the freeholder’s surveyors

• Communicate with your solicitors regarding that lease extension valuation

• Provide you with expert advice both in writing and in person if your case ends up at a Leasehold Valuation Tribunal

If you are considering exercising your lease extension rights then get in touch with our experienced team of lease extension solicitors who can give you the professional help you need to successfully extend your lease. We will put you in contact with the right surveyor specialising in lease extension valuations from our list of nationwide contacts.

Alternatively, if you want more information about the concept of lease extensions and how they work in practice , why not visit our specialist Lease Extension website.

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What information should a Shareholders’ Agreement contain?

By Tim Bishop | Published: May 9, 2012

If you are going into business with other people, you will need to ensure that your interests are protected in the form of a Shareholders’ Agreement. The agreement sets out the rights and obligations of the Shareholders, regulates the sale of shares in the company, details how the company is going to be run and how important decisions are to be made.

An Agreement properly drafted by an experienced commercial solicitor will also set out that important decisions cannot be made unless all Shareholders agree, giving minority Shareholders the opportunity to veto decisions if necessary. A Shareholder Agreement will typically address:

• A prohibition or restriction on the transfer of shares. This often includes a right of pre-emption (first option for existing shareholders to buy) before a shareholder can transfer to a third party

• Any agreed exit route and timescales

• Any company dividend policy (i.e. the proportion of profits to be paid out as dividend and the proportion to be retained to fund the business).

• Borrowing above a certain level or the granting of security over the company’s assets

• Changes to the company’s Articles of Association

• How the board of directors and senior management team will be comprised, their remuneration and other terms of employment

• How the value of the shares is to be determined, for example whether minority shareholdings should be valued lower

• Levels of borrowing and future funding

• Purchasing company shares back from a Shareholder

• The acquisition or disposal of any premises

• The activities the company will carry on

• The appointment or removal of a Director

• The award to Directors or employees of more than a certain value of remuneration, and/or the dismissal of a director or employee earning more than that remuneration

• The buying or selling of a business and other assets over a certain value

• The buying or selling of a significant stake in another company

• The incurrence of capital or hire purchase commitments above a certain level

• The issue of further share capital

• The procedure for the winding up of the company

• The procedure on the death or bankruptcy of a shareholder

• The purpose or variation of insurance other than for full replacement value

Many costly disputes in companies have been resolved and problems avoided as a direct result of entering into a Shareholder Agreement. Our commercial solicitors can explain all the options open to you, advise on the best one for your business and assist in its set up. Contact our specialist team of commercial solicitors in Salisbury and Andover today for expert legal advice.

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What rights do grandparents have?

By Tim Bishop | Published: May 8, 2012

Grandparents have a huge part to play in modern family life and are often heavily relied upon to assist with childcare and support, yet their rights are limited and they also do not have an automatic right to contact with their grandchildren.

Having said that, courts are becoming more amenable to granting grandparents contact and the Grandparents (Access Rights) Bill 2010-2011 is currently making its way through Parliament following statements from disgruntled ministers that there is little or no recognition of the important role that grandparents play in society.

Grandparents can however apply for leave (ie permission) to apply to court for a contact order but this can be a very long, expensive and draining process. In considering whether to grant such permission, the court will assess the applicant’s connection with the child, the nature of the application for contact and whether the application could be harmful to the child’s wellbeing. If a grandparent successfully obtains the court’s permission, they can then make an application for a contact order. The court will consider the full circumstances of the case and the child’s welfare will always be the paramount consideration.

It is rare that a court will refuse a grandparent at least some contact unless there is evidence of violence or abuse and face to face contact is not always necessarily granted; indirect contact may be ordered instead, i.e. letters, gifts, phone calls, emails and so on.

Contact our team of family lawyers who specialise in UK grandparent rights for professional legal advice you can really rely on. Alternatively, click here to  visit our specialist  Grandparent Rights website.

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The Law on Right to Manage

By Tim Bishop | Published: May 4, 2012

The leaseholders of flats have had the right to manage their own blocks since September 30, 2003 under the Commonhold and Leasehold Reform Act of 2002 became law. However, exercising your right to manage does involve legal costs– not only do you have to pay the costs of right to manage company formation, you will also need to pay the legal fees, not only of your own solicitor but also the reasonable legal fees of your landlord’s right to manage solicitor incurred in the transfer of rights to manage.

Those wishing to exercise the UK right to manage must form a Right to Manage Company. Right to manage companies must have two directors and a minimum of two members and the name of the company must end with the words “RTM Company Limited”. Members must already have a long lease – for a minimum of 21 years.

The law states that the building in respect of which the right to manage is being exercised must be self-contained – but if it forms part of bigger structure it should be able to be developed independently. A minimum of 75 per cent of the building should be residential. Also qualifying tenants must represent 50 per cent of the flats and they must be members of the RTM company before the Claims Notice is served.
It is also essential the company’s statutory notices are written before the notice is served. The rules relating to this requirement are in the Right to Manage (Prescribed Particulars and Forms) (England) Regulations 2010. It should be understood that right to manage companies are subject to the Companies Act of 2006.

For more information about the UK rights to manage, why not visit our specialist Right to Manage Company UK website – or call our specialist Right to Manage Solicitors directly on 01722 422300.

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Employers – Collective Redundancy points to watch

By Tim Bishop | Published: May 3, 2012
Where an employer is proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less, they must follow a collective information and redundancy consultation process in addition to standard redundancy procedures. Failure to do so can lead to additional ‘protective awards’.
Employers must also put the reasons for their proposals in writing, detail the numbers and descriptions of employees they are proposing to make redundant at each workplace and, the proposed method of employee selection and conducting the dismissals including the timeframe of the process and any redundancy payments. In the case of special circumstances which prevent the employer from reasonably complying with these requirements, they are required to take all other reasonably practicable steps.
Do’s
1. Secure appropriate representatives prior to the consultation
This is a legal requirement. The consultation process should also seek to reach agreement about ways to avoid the dismissals, reduce the numbers of employees to be dismissed and mitigate the consequences of the dismissals.
2. Ensure detailed and clearly communicated information
Take care when drafting information communications to representatives and to make sure that you use Plain English where possible. An employer is at risk from an employment tribunal claim for a poor consultation process unless information is given in such a way that the reader is able to understand the proposals properly.
3. Consider who should manage the selection process
Managers should ensure that they do not rely on personal feedback, but should possess adequate and relevant knowledge of the skills and experience of the staff at risk of collective redundancy. They should also ensure they obtain objectively verifiable evidence to support and explain the scores given to individuals, e.g. appraisals, sales figures, etc.
4. Be mindful of your actions during the consultation process
Take into consideration how you will deal with individuals not required to come into the office for the duration of the consultation process and what message colleagues should give clients about the reason for the at risk employee’s absence. Whilst informing and consulting in a redundancy situation is a legal requirement, the correct information and effective consultation will result in cost savings during the redundancy process and fewer interruptions to business.
Don’ts
 
 
5. Do not forget to inform BIS using form HR1
Employers proposing collective dismissals must remember to notify the secretary of state at the Department for Business, Innovation and Skills (BIS) using form HR1 – failure to do so is a criminal offence carrying potential fines of up to £5,000. This notification should be sent on the same day that collective consultation begins and a copy must be given to the appropriate employee representatives and BIS should also be updated if numbers increase.
6. Do not forget to consult individually
Employees will need to be consulted with individually not just collectively and employers who fail to do this run the risk of an employment tribunal finding that any ultimate dismissal was unfair. Usually, only employee representatives can bring claims about a failure to consult collectively, but individuals may bring them where workplaces have failed to appoint representatives.
7. Do not delay consultation
Collective consultation is an organic process and information should be fed through to representatives as and when it becomes available. Do not delay starting the consultation because you are trying to cut costs or do not yet have all the relevant information about proposed redundancies.
8. Do not create unnecessary paperwork
Encourage verbal discussions instead of e-mails and keep your legal team closely involved in any written communications so privilege can be retained where possible. Remind managers before consultation begins that relevant written documents can be disclosed in any employment litigation.
9. Do not avoid the responsibility of finding suitable alternative roles for employees
Searching for alternative employment opportunities for individuals at risk of redundancy forms part of an employer’s duty to ensure a redundancy process is fair and reasonable. Merely asking the employee to submit their CV to the company will not suffice. Don’t assume that an employee who has been placed at risk of redundancy in one role will therefore be unsuitable for vacancies in other areas of your organisation. Keep an open mind.
Employment law seems to get more and more complex. It is therefore absolutely critical that employers don’t cut any corners when it comes to employment law – if you are really not sure what to do – contact our specialist employment solicitors for free initial phone advice.
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Why not settle for a Compromise Agreement?

By Tim Bishop | Published: May 2, 2012

The government’s recent employment law reforms, which came into effect earlier this month, include the renaming of Compromise Agreements to Settlement Agreements. This renaming issue seems to have gone largely unreported. The rationale behind the changes is, apparently, that the word ‘compromise’ prompts connotations of inequality when it comes to negotiation of a fair settlement and that a departing employee may be ‘compromising’ their employment law rights. Hence the new name Settlement Agreement is supposed to “emphasise the benefits they can offer as a way of resolving and bringing finality to disputes.”

It has also been suggested that the renaming will assist in the reduction of restrictive regulations and better protect the rights of employees. Given that Settlement Agreement is an existing term used mainly in reference to post-divorce financial settlement however, confusion could arise. It is quite likely therefore that the term Compromise Agreement will remain in prolific use for some time to come, amongst the general public and the legal profession alike.

In response to concerns, particularly from smaller firms, concerning the complex terminology used in the UK Compromise Agreement, the government is also investigating ways to produce a ‘model’ Agreement. This would however still need to allow for flexibility for both parties to incorporate specific wording relevant to a departing employee’s circumstances, such as the provision of a job reference, handover responsibilities, provision for gardening leave, the return of specific company property and so on.

Regardless of whether or not you referred to a “settlement agreement” or an “employment compromise agreement”, if you would like more information about these legal documents and how they work, why not visit our specialist Compromise Agreement Solicitors website, or call our specialist employment team  on [01722] 422300. Wherever you are located throughout England and Wales we can help you. Our team regularly advise  and negotiate on compromise agreements throughout England and Wales – and don’t need a face-to-face meeting with our clients to do so – we are able to take instructions and provide specialist compromise agreement advice by e-mail, telephone and Skype video.

Posted in Compromise agreement, Employment law | Comments closed

Is the downturn in the economy to blame for the rise in the divorce rate?

By Tim Bishop | Published: May 1, 2012

119,589 divorces were granted during 2010 in England and Wales, an increase of 4.9 per cent on the previous year and the first increase since 2003.

According to Office for National Statistics (ONS), like the previous recession of the early 1990’s, the number of divorces increased significantly in the year following the recession rather than during it. There are family solicitors who share this view, in that divorce following recession is attributable either to economic recovery and the subsequent increase in asset value or significant delay between separation and decree absolute, for example because the couples involved are in negative equity, unable to sell their property or simply not able to maintain two households post separation.

On the other hand, there are people who believe that they will receive a more lucrative financial settlement if their income is lower at the time of divorce. Research has demonstrated that unemployment may also be associated with family instability and although financial difficulty is rarely cited as the sole factor in the breakdown of a marriage and subsequent divorce it is often an influential factor.

If you are either in the process of divorcing or are just starting to consider this course of action, it is vital that you consult Divorce Solicitors whilst negotiating a settlement, as the process can be costly and time-consuming. Our team provide expert legal advice that will help secure your future financial position and wellbeing.

Posted in Family law | Comments closed

Our excellent free drop-in legal surgeries

By Tim Bishop | Published: April 30, 2012

Just a quick blog to remind you that if you live locally to our offices in Salisbury, Amesbury and Andover, we run three drop-in legal advice surgeries which are absolutely free.

• Salisbury office- every Tuesday evening between 515 PM and 7 PM in Salisbury

• Andover office – Wednesday evenings between 5 PM and 7 PM

• Amesbury office – Wednesday afternoons between 2 PM and 4 PM (family matters only)

These legal surgeries are now very well established – the one in Salisbury has been running each and every Tuesday [closed only at Christmas and Easter] for around nine years now. Both the Andover and Salisbury surgeries cover all areas of law and one of our family lawyers is always present. What’s more, the Amesbury surgery is a specialist family law surgery.

Overall, we estimate we have helped at least 5000 people with free advice over that period – and on a huge range of subjects from medical negligence and accident compensation claims, to divorce, prenuptial agreements, employment law , crime and motoring offences and a whole host of consumer and neighbour problems.

It is interesting to note, that in Salisbury, the excellent local Citizens Advice Bureau used to get various, Salisbury Solicitors to help out by manning a weekly free surgery run by the CAB – but such is the success of our surgeries, that they no longer do so and, I believe, instead refer people needing free surgery legal advice to us.

And you thought there was no such thing as a free lunch!

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