Andover announces newest qualified family mediation lawyer

By Tim Bishop | Published: April 27, 2012

In late 2011 Kate Scammell the newest member of our family law team, qualified in collaborative law and we are now delighted to announce that Kate has also now qualified as a family mediator. The fact that Andover-based Kate joins her Salisbury-based family law colleague Amanda Trappes-Lomax, who previously qualified both as a family mediator and collaborative lawyer, demonstrates our commitment to family mediation.

The family mediation and collaborative law approach will not be suited to all couples but those who are willing to collaborate to reach a mutually beneficial and agreeable solution this can produce positive results. We predict that the two approaches of family mediation and collaborative law complement each other extremely well for many of our clients who find themselves in this unenviable situation and will continue to do so in the future.

Contact our team of specialist family law and divorce solicitors for expert advice and guidance – our Andover family lawyers can be contacted on Andover [01264] 364433 or andover@bishopslaw.com and our Salisbury team on Salisbury [01722] 422300 or salisbury@bishopslaw.com.

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Wills and probate – proper regulation of non-qualified providers on the way

By Tim Bishop | Published: April 24, 2012

Good news on Tuesday from the Legal Services Board [the regulator created recently by Legal Services Act, which is responsible for regulating the provision of legal services nationwide].

The LSB currently oversees a range of legal services regulators, which in turn, are themselves responsible for the regulation of individual law firms and lawyers. For example, they already oversee the Law Society, the Institute of Legal Executives, the Institute of Trade Mark Attorneys and the Bar Council.

The Legal Services Board [ or LSB] announced their proposals that in future the legal services of will writing and probate administration should be regulated – whether or not those providing the actual services are solicitors or non-qualified individuals or businesses. The purpose of these new regulations would be to protect clients, who the LSB found, in their own investigations, were often very badly treated by will writers and probate service providers – with numerous proven instances of fraud, deception and unfair sales behaviour.

Our wills and probate solicitors very much welcome this. We have no problem at all with the concept of competition – but it must be on a level playing field. For too long the public have been very badly served by the lack of regulation in the area of wills and probate. Solicitors are tightly regulated, regularly inspected and have to carry freshprofessional insurance of at least £2 million. Many will writers or unqualified, uninsured and don’t have  these restrictions nor are they restricted, in the same way solicitors, are from many types of marketing. It sounds as though at long last, clients are going to get the protection they need when it comes to both will writing and the provision of probate legal services.

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Euro 2012 – our free conveyancing offer

By Tim Bishop | Published: April 23, 2012

If you have been listening to local radio stations Spire FM or Andover Sound recently, no doubt you would have heard our recent radio advert containing our rather unusual offer. Yes, you heard it right – if you appoint us to do your conveyancing anytime this month, and if England win the big football tournament in Ukraine in June, then our conveyancing solicitors will refund all your conveyancing legal fees – that could be worth £1000 or more if you’re buying and selling your property this summer.

But the big question, of course, is who will I be supporting? England of course, I am a red-blooded Englishman born and bred – but even I have to admit that I will be looking a little anxious if England are 3-nil up in the final with 1 minute ago – it could prove very expensive !

Mind you, given that England haven’t won a major tournament since the World Cup in 1966 and are still without a permanent manager , the odds were not that bad – ranging from 8-1 to 11-1.

Come on England!

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Private client microsite catch up

By Tim Bishop | Published: April 20, 2012

If you are new subscriber to this blog, it is possible that you have missed out on some of my recent blogs about the various specialist microsites that the firm have recently launched. If you have missed out, here is a guide to some of our recently launched web sites;

Contesting a Will – one area of law that has sadly seen a significant increase in recent years is that of contested probate and inheritance claims. We always advise our clients to think twice before making such a probate claim, because in our experience, it can split families irrevocably. Nonetheless, we are specialists in this area and this site is full of useful information in connection with disputing a will

Lease Extension – this website deals with an area in which we are national specialists – leasehold extension and is packed with useful information explaining all about the rights of tenants to extend a lease

Freehold Purchase – Freehold purchase is another expression for collective enfranchisement or leasehold enfranchisement – whereby tenants of a building can get together and collectively buy the freehold of their block from their landlord. Our lease extension team also deal with a considerable number of enfranchisement claims and this website is packed with information about enfranchisement and how to go about exercising your freehold right to buy.

Hip Replacement Recall - a highly specialist site dealing with problems that have emerged following the recall of faulty Johnson & Johnson ASR Hip Replacement Systems. The site deals with issues surrounding the depuy hip replacement recall scandal include information about the symptoms of faulty hip replacements, the ability of hip replacement compensation and what steps you should consider taking initially

Horse Riding Accidents – sadly, horse riding can be a dangerous business and injuries are far too common. Whilst many accidents are just that – no blame and no fault accidents, other injuries can give rise to horse accident compensation claims which this site is dedicated to.

Professional Negligence Claim – this site deals with the problems of professional negligence  and how our specialist solicitors can help you with all types of professional negligence litigation, whether it’s with regard to suing solicitors who have been negligent or claiming against negligent architects or surveyors.

Compromise Agreement Solicitors - a website packed with information about the employment compromise agreement, including how the compromise agreement works, what they usually contain and why getting your own independent compromise agreement advice is absolutely essential.

Posted in Accident Claims, Compromise agreement, Contesting Will, Employment law, Enfranchisement, Family law, Lease Extension, Professional negligence claims | Comments closed

Missing Freeholders and Buildings Insurance – What Every Leaseholder Needs To Know

By Tim Bishop | Published: April 19, 2012

If the freeholder of your property constantly sends you letters about the finer points of your lease, then you might think that having an absentee landlord sounds like a good idea. But what happens if your landlord is so distant that they’ve vanished altogether? This is a surprisingly common situation, and it can create all sorts of problems for the unwary leaseholder.

In recent years, there has been a remarkable increase in the number of leaseholders looking to buy their own buildings insurance when they purchase their properties. Buildings insurance is more usually provided by the owner of the freehold, who recoups the cost through service and maintenance charges. However, if the freeholder is impossible to track down, it’s impossible to prove that the building is insured, which can make it equally impossible to get a mortgage.

The situation is further complicated by the fact that leaseholders often can’t buy their own buildings insurance unless the terms of their lease say they can. Leases can be very vague on this point. Although it’s generally the freeholder’s responsibility, it’s never safe to assume that this is the case, especially if the freeholder can’t be contacted. You could have the unwelcome surprise of a bill for the full rebuilding cost of the property if it burns down.

Another point to consider is that absentee landlords aren’t around to enforce the terms of all the leases in the building. This means you have to rely on the goodwill of your neighbours to ensure that essential repairs and maintenance works are carried out and that the building is properly insured – a precarious position to say the least. Again, many lenders are reluctant to offer mortgages on leasehold properties in this sort of situation, and you may find that you need to take out special indemnity insurance before you are even considered.

So what is the best course of action if you want to buy a property and the freeholder is out of reach? As always, it’s absolutely essential to get a good solicitor. You need someone to highlight and minimise the risks, and above all, to check the terms of the lease. If everybody’s clear about who is responsible for insuring the property, then you’ll be in a much stronger position, whether or not the landlord has gone AWOL.

Whether it is specialist lease extension advice or commercial property solicitors you’re seeking – you found the right place – call our experts for legal advice you can trust  on 01722 422300 today.

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How employers can handle the redundancy procedure sensibly

By Tim Bishop | Published: April 18, 2012

Disputes between employers and employees often end up in an employment tribunal claim. As an employer it is imperative that you are fully up to speed on Employment Law with regards to redundancy procedures. Beyond establishing the issues surrounding the redundancy and that it is genuine, there are several other factors you must take into consideration in order to avoid a claim for employment tribunal compensation:

• Whether or not an employee has turned down suitable alternative employment is irrelevant

• An employee continuously employed for two years or more is legally entitled to reasonable leave during the notice period to seek new employment or make training arrangements

• The employee is entitled to a maximum of 40 per cent of a week’s pay for time taken off during the whole notice period

• Statutory redundancy payments are based on length of service, age and salary, subject to a statutory cap. If the employee earns less than this statutory cap then you calculate the figure based on gross actual pay

• Ensure you correctly calculate the cost of contractual notice or payment in lieu of notice and redundancy payments as there may be a claim for enhanced redundancy payments

The costs in dismissal claim cases are almost always irrecoverable on both sides. In addition they are often protracted affairs and can be inordinately stressful to both parties due to their very nature; disputes having arisen between employers and employees. It is therefore in the interest of both parties to try and reach a mutually beneficial or amicable resolution to avoid an employment tribunal. Contact our team of experienced employment solicitors today for specialist employment law advice.

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Successfully secure a repossessed property at auction

By Tim Bishop | Published: April 17, 2012

With the number of properties being repossessed quietly increasing, so are the number available to purchase at auction houses. Banks are often keen to sell quickly and are setting low reserve prices leading to an increase in the number of cheap properties available. If you are planning on buying freehold or leasehold property at auction make sure you have carried out adequate research and employed experienced property solicitors with plenty of experience of auction work to ensure that you can move quickly.

Auctions – how do they work?

Before you even consider bidding on a property you should familiarise yourself with the auction process and also attend an auction if possible.

You’ve found a property you like – what’s next?

• Study the auction catalogues to see what the reserve prices are and compare with the eventual auctioned price

• Decide on the maximum price you are prepared to pay and do not deviate or be tempted to up your price because other bidders have

You’ve won the auction – what’s next?

• Expect to pay a deposit of 10% to secure the property and take two forms of identification with you

• Ensure that you have secured a mortgage and are ready to complete within 20 days

• Contact your mortgage company to ensure that you have secured funds in place and do not run the risk of forfeiting your deposit

• You are legally bound to purchase the property and you must exchange on the same day

What else?

• Remember to factor in any Stamp Duty costs

• Secure a Conveyancing Solicitor with auction experience to oversee the legal requirements

• If you plan to rent the property research the local market to assess what is moving quickly and what the typical yields are. Factors such as local hospitals or universities can sway both price and ease of renting out and many of them build their own campus accommodation

• Read the local papers and obtain reports on crime, planning and schools if pertinent

• Visit the property accompanied by a RICS surveyor who will provide you with an idea of any potential problems, the value of similar properties in the area and the cost of any renovation work

• Do not rely on your mortgage provider’s survey as this simply indicates to them that they can recoup their losses

At Bonallack & Bishop, we appreciate that buying a property and moving house is stressful enough without having to question whether you’ve chosen the right property law firm. Contact our team of specialist Conveyancing Solicitors

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Is inheritance tax optional?

By Tim Bishop | Published: April 16, 2012

[IHT] or inheritance tax as it is more usually known, is levied on any transfer of assets to other people or to a trust. This tax is usually paid in respect of an individual’s estate when they die – but it is often seen as a voluntary tax as with careful tax planning advice, it can be possible to cut down or even remove liability for IHT entirely.

When you pass on, the size of your estate which is liable to tax is calculated as the total value of all your assets and possessions – which include not only your cash, investments and property, but also any proceeds of life insurance policies and business interests – less any available tax reliefs or exemptions. If the taxable estate exceeds what is known as the “nil rate band” which is currently set at £325,000, then the remainder of your estate is liable for tax at the rate of 40%.

In the event there is any unused “nil rate band”, this may be transferred between spouses or civil partners after the surviving spouse or partner dies– which has the effect of potentially doubling the nil rate band applicable for the survivor – at current rates to £650,000.

Inheritance tax is a particularly complex area, especially for those people whose estates are likely to exceed the nil rate band – however there are many steps that can be taken to minimise liability for inheritance tax – especially if the estate contains agricultural or business interests.

Don’t risk leaving a big chunk of your estate to the taxman – make sure you have current up-to-date will and that you take proper advice from your solicitors and accountants on tax planning issues. Don’t delay. Give our specialist wills and probate solicitors a ring today on Salisbury [01722 422300] or Andover [01264] 364433.

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Why same sex couples should consider making a Will

By Tim Bishop | Published: April 5, 2012

Without a Will in place your partner is not recognised as your next of kin unless you have a Civil Partnership. They will therefore not inherit your estate even if you are an established couple and have lived together for many years. Your estate will automatically be passed to any family members [or the government if there are none].

Here are some of the factors which make drawing up a Will a key consideration:

• Retain control over what happens to your estate after you die

• Appoint executor(s) and trustee(s) to deal with your estate by collecting assets and paying expenses and liabilities

• Appoint substitute executors in the eventuality that your original choice of executor(s) cannot act for you due to ill health or death

• Choose your beneficiaries, i.e. those who receive gifts (legacies) from the money and property in your estate, be they individuals, charities, etc.

• Decide who to bequeath your residuary estate to after the payment of all liabilities, expenses and legacies whether it be wholly to specific individuals or organisations or divided amongst them

• Instruct your executor(s) and trustee(s) to arrange your funeral and carry out your specific wishes

• Leave specific items such as jewellery, property or sums of money to chosen beneficiaries

Contact our team of specialist wills and probate solicitors today and we will guide you through the process with expertise and can even arrange to act as your executor.  Call our Andover or Salisbury Solicitors today on [01264] 364433 or [01722 422300] for legal advice you can really trust.

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What happens when you can’t agree on the divorce finances?

By Tim Bishop | Published: April 4, 2012

If you and your partner are going through a divorce or a civil partnership dissolution and cannot reach an agreement on how to sort out your finances such as division of property and assets, you can apply to the Courts who are able to make a range of orders for cash payments, transfer of property or other assets, maintenance and pension sharing, known as Ancillary Relief. The procedure is as follows:

• The Courts will impose a timetable and you may be advised to issue an application to ensure that negotiations do not become too protracted

• After the application has been issued you and your partner should complete a huge and comprehensive document entitled Form E (which sets out all your financial details) and also produce copies of documents such as bank or building society statements, pay slips, valuations and accounts. Don’t worry, your divorce solicitor can help you with this horrendous form

• The Courts will then fix a First Directions Appointment (FDA) before a District Judge for twelve weeks following issue of the application, in order to identify the issues between you and make orders such as dealing with the valuation of your assets

• If an agreement cannot be reached, the next stage is a Financial Dispute Resolution appointment (FDR) which you both must attend

• With the assistance of your divorce lawyer, the District Judge will attempt to assist you on reaching an agreement on your finances and usually indicate what they think would be a reasonable outcome

• Should agreement still not be reachable at this stage a final hearing with a different District Judge will be set. This may well involve a wait of several months, however if an agreement is reached at any time prior to the final hearing, a note of the agreement (Consent Order) can be submitted to the Judge for approval

Sometimes financial arrangements can be settled through a ‘clean break’, i.e. a lump sum payment and/or property transfer which effectively ends the financial relationship between you and your partner. Nevertheless, the welfare of any dependent children will always be given primary consideration and maintenance can be ordered to one party by the court on either an open-ended (during joint lives or until the person receiving the payments remarries or enters a new civil partnership) or fixed period basis.

It is very important to consult specialist Divorce Solicitors whilst negotiating a settlement as the process can be costly and time-consuming. Our team of dedicated family lawyers provide expert legal advice that will help secure your future financial position and wellbeing.

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