Wills, Probate, Trusts, Power of Attorney

Why do I need to make a Will?
Why should I use a solicitor to make my Will?
Can I make arrangements now to avoid Inheritance Tax after my death?
Can I make a Living Will?
What is an Advanced Decision?
What is the difference between an EPA and an LPA?
Can I still use an Enduring Power of Attorney (EPA)?
How do I make an LPA?
What is a Trust?
What is Probate?

Conveyancing

What is conveyancing?
How long will my transaction take?
What are disbursements and how much will these be?

Employment

What details do I need to include in an employment Contract?
How can I make staff redundant?
I wish to take voluntary redundancy—what should I do next?
Can I sack someone for poor performance?
I haven't got a contract with my employer—is this ok?

Family

Can I get a divorce at any time?
What are the new family mediation rules?
What is Parental Responsibility (PR)?
I am having difficulties seeing my children—what should I do?

Litigation

I am owed money by someone, how can I get this back?
I am dissatisfied by the service/goods I have received—can I sue?

General

What should I look for in a Solicitor?
Why has my solicitor asked me for ID?
How do I know my Solicitor is fully qualified?
Why shouldn’t I go for the cheapest Solicitor in the town, isn’t it all the same work?

 

Wills, Probate, Trusts, Power of Attorney

Why do I need to make a Will?
You need a Will to ensure the people you want to receive your property and possessions, do so. If you die without a Will (intestate) your estate will be distributed according to intestacy rules which may not be in accordance with your wishes. You can also mitigate Inheritance Tax and appoint Guardians for children.  

Why should I use a solicitor to make my Will?
Mistakes are easy to make and small errors can have serious consequences. Any errors are unlikely to be discovered until it is too late for you to change things. Solicitors are experts in this field and are regulated and insured. There are various legal formalities you need to follow to ensure your Will is valid and a solicitor will ensure these are met and that the Will is signed under the correct conditions to ensure its validity.  

Can I make arrangements now to avoid Inheritance Tax after my death?
Yes. There are various ways to avoid or reduce Inheritance Tax. The best way for you will depend on your individual circumstances. Please contact us for personal advice on this.  

Can I make a Living Will?
Yes. A Living Will is a document that states how you wish to be cared for and which medical treatments you would or would not like to receive should you lose capacity and be unable to make a decision at the time. However, we recommend you appoint an attorney by way of a Health and Welfare Lasting Power of Attorney as Living Wills can be ignored at a doctors discretion. They are considered to be your preferences and not legally binding. Please contact us to make an LPA.  

What is an Advanced Decision?
An Advanced Decision is similar to a Living Will. However, it only applies where you want to refuse medical treatments including the refusal of life-sustaining treatment. A doctor may not follow an Advance Decision if you have done something to contradict the Advance Decision or they think that new circumstances would have affected your decision e.g a new treatment that wasn't available when making the Advance Decision. We recommend you appoint an attorney who can make decisions on your behalf and whom you trust to follow your wishes.  

What is the difference between an EPA and an LPA?
Enduring Powers of Attorney (EPA) were replaced by Lasting Powers of Attorney (LPA) in 2007. An EPA could be used immediately after signing, whereas an LPA must be registered first. The EPA was only really used in relation to property and finances where the new LPA’s can be used for property and finances and health and welfare (including giving or refusing consent to treatment. This ensures all aspects of the donor’s needs can be covered by an attorney. You do not have to wait for the donor to lose capacity before an LPA can be registered.  

Can I still use an Enduring Power of Attorney (EPA)?
Yes. As long as the EPA was made and signed before 1st October 2007 it is valid. The Enduring Power of Attorney can be used without registration as long as the donor still has capacity. If the donor starts to lose capacity, the Enduring Power of Attorney needs to be registered with the Office of the Public Guardian in order to still be used.   

How do I make an LPA?
There are 2 types of Lasting Powers of Attorney. You can appoint an attorney to mange your property and finances OR your health and welfare; or both. There are various forms to be completed and persons notified. The application must then be lodged at the Office of the Public Guardian. Please contact us if you wish to make an LPA.  

What is a Trust?
A trust is a legal agreement whereby assets - such as land, money, buildings, shares or even antiques—are held by one or more ’trustees’ for the benefit of one or more ‘beneficiaries’. A Trust may be set up to control and protect family assets; when someone cannot handle their affairs (ie too young or incapacitated); to pass on money or property while you are still alive; to pass on money or assets when you die under the terms of your will (a 'will trust'); under the rules of inheritance that apply when someone dies without leaving a valid will. Most Trusts have tax implications and advice should be taken at the outset. It is worth noting that every Trust is unique depending on personal circumstances and can be complex. We recommend you seek professional advice to create a Trust. Please contact us for more details.  

What is Probate?
Probate is the legal process of administering the estate of a deceased person. It involves establishing assets and liabilities of the estate, completing Inheritance Tax forms and applying for a Grant of Probate, publishing notices, closing accounts and collating/selling assets, finalising tax affairs, settling liabilities, distributing assets/monies as per the terms of the Will (or in accordance with the rules of intestacy if no Will was made) and generally ensuring all the deceased’s affairs are in order.  

The process of obtaining Probate can be time consuming and many find this especially difficult to deal with during the grieving process. Using a professional to handle the Probate of a loved one is recommended to ensure the duties and legal responsibilities are met by the executor and to ensure the process is as quick as possible.

 

Conveyancing

What is conveyancing?
Conveyancing is the transfer of a legal title from one person to another which is, in essence, the buying and selling of property. Property conveyancing must be carried out by a solicitor or licensed conveyancer.  

The process begins after an offer has been accepted on a property. Both buyer and seller must be represented and their solicitor will ensure the terms and conditions of the contract are fair and reasonable and that everything is in order with the property title. Once the proof of funds has been achieved (i.e mortgage offer or otherwise) exchange of contracts and completion take place. Conveyancing also applies on re-mortgaging. For an individual conveyancing quote please contact us with your sale and/or purchase details.   

How long will my transaction take?
An average conveyancing transaction takes 4-6 weeks. Certain aspects can speed up completion i.e no mortgage required, empty property, straightforward title etc. However, there are aspects which can slow down transactions i.e if there’s a chain involved or a mortgage is required.  We will always do our utmost to complete your sale as quickly as possible.  

What are disbursements and how much will these be?
Disbursements are costs incurred in addition to Solicitors own fees. These are payable to third parties and include property searches i.e local search, environment search, water and drainage search and obtaining a copy of the Land Registry entries (if a property is registered).

Land Registry fees are payable when buying a property, these vary from £40 to £700 but are commonly around £200. Stamp Duty may also be payable when purchasing a property. This is based on the value of the property and is payable on purchases over £125,000. There are exemptions. Full details and rates can be found on the HMRC website.  

 

Employment  

What details do I need to include in an employment Contract?
An employment contract is an agreement between employer and employee which sets out the rights, responsibilities and duties of the role/job they are undertaking. The Contract should also include the hours of work, the pay agreed and any pension arrangements. Any other things agreed between the employer and employee should also be included. Once an Employment Contract is drawn up it is enforceable through a Court.  Please contact us if you are in any doubt about your employees contracts or your own contract personally.   

How can I make staff redundant?
Redundancy can only be made when there is no longer a job available for a particular person/department. The redundancy process is lengthy and there are various stages and procedures which need to be kept to before an employee is actually made “redundant”.  You must provide detailed information to any employee/s who may be at risk of being made redundant including reasons for redundancies, who may be at risk, how payments will be worked out and how the process will be carried out. If you are in any doubt as to making employees redundant please contact us before taking any action. Failure to comply with the correct procedure could result in a claim being brought against you for unfair dismissal, breach of contract or discrimination.  

I wish to take voluntary redundancy—what should I do next?
Before you decide to accept voluntary redundancy you need to understand exactly what you are being offered in the redundancy package, how much are you getting, are you being paid notice periods and holidays, is it adequate based on your length of service and commitment? A Compromise Agreement should be prepared by your employer detailing the redundancy package. We recommend you contact us to go through this and ensure it is in your best interests to accept redundancy.  

Can I sack someone for poor performance?
Technically yes. However, you need to be completely sure that the person is a poor performer and you don’t just want rid of them.  You need to act reasonably. You cannot just fire someone in the heat of the moment no matter how bad the situation is. It helps to keep performance records and details of any disciplinary action. Suspension can be implemented (with pay) until the situation is sorted but you must following certain procedures. To ensure any action is done legally, please contact us to discuss your options. Failure to comply with the correct procedure could result in a claim being brought against you for unfair dismissal, breach of contract or discrimination.  

I haven't got a contract with my employer—is this ok?
As soon as you undertake work with an employer you have a “contract”.  This can be a verbal agreement setting out terms of the employment between an employer and employee. However, a written record is preferred for both employer and employee and will prove more effective should any disputes arise. If you are provided with an employment Contract, we can review this to ensure it meets with your expectations of the role. If you are an employer looking to produce employment Contracts, please get in touch.  

 

Family  

Can I get a divorce at any time?
No. You need to have been married for at least a year before a Court will consider granting a divorce and the marriage must have broken down irretrievably. There are five grounds on which you can get a divorce including unreasonable behaviour, desertion, adultery, 2 years separation (and the other party’s consent) and 5 years separation. You will have to satisfy a Court you are entitled to a divorce on one of the above grounds, even if both parties are in complete agreement.  If you have seriously thought about getting a divorce and decided it is the right thing to do, please contact our office to make an appointment with our matrimonial Solicitor, Mr Dylan Moore.  

What are the new family mediation rules?
From April 2011 it has been compulsory to attend an assessment meeting with a mediator before going to Court. This is to assess whether Mediation is a better way of resolving issues and avoid the necessity of going to Court.  However, there are loopholes and if it is not appropriate to attend such a meeting, it is not forcible. If you want to know more about how the mediation process would work in relation to your own situation then please contact us.  

What is Parental Responsibility (PR)?
Parental Responsibility is defined as ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’. Therefore if you have PR you are recognised in the eyes of the law as having all the legal powers to make appropriate decisions in relation to the upbringing of your child including medical, religious and educational decisions. Parental responsibility lasts until the child is 18.  

A mother automatically has PR for her child, as does a married father irrespective of whether the marriage to the mother occurred before or after the birth of the child.

As from the 1st December 2003 unmarried fathers of children have PR provided they are named on the birth certificate of the child. If a father does not have PR (ie is not married to the child’s mother or named on the birth certificate) he can acquire it by formal agreement with the child's mother or by order of the court.  

I am having difficulties seeing my children—what should I do?
If you have Parental Responsibility (PR) you have a legal duty to care and protect your child. If under normal circumstances, you are unable to agree on contact arrangements, mediation will be the first step.  

If mediation is unsuccessful (or not appropriate) an application to the Court can be made. A Court will consider the best course of action for the child. If this cannot be agreed a directions hearing will be sought. If agreement can be reached, a Consent Order will be drawn up of the terms of the agreement.  However, if this is unsuccessful a CAFCASS officer will be appointed to assess what is in the child’s best interests.  

 

Litigation  

I/my business is owed money, how can I get this back?
Please contact us to arrange an appointment. It is helpful to bring any documents relating to the debt such as invoices letters and e-mails as well as a record of every phone call and conversation regarding it. This will form the basis of your evidence should the matter go to Court. Generally, when solicitors become involved quick results are obtained from the debtor. However, if they still will not pay, an application can be issued at Court – the best course of action is determined by the size of the debt.  

I am dissatisfied by the service/goods I have received—can I sue?
Goods bought have to meet three main conditions. The product must be of a satisfactory quality, correspond with the description and be fit for purpose.  

Services paid for should meet 4 criteria – work must be done with reasonable skill and care, within a reasonable period, charged reasonably and materials used must meet the criteria for a product.  

If you can dispute any of these points then it is likely you have a claim. Please contact us with full details of your issue and we will advise you of the best course of action.  

 

General  

What should I look for in a Solicitor?
You should ensure your solicitor is professionally qualified and properly regulated. Regulation is carried out by the Solicitors Regulation Authority. Ensure your solicitor is personally named on the Law Society website. Of equal importance is that you choose a solicitor you can trust. It is worthwhile asking friends and relatives for recommendations. We are proud to report that 98% of our existing clients would recommend us.  

You should also ensure that your Solicitor is experienced in the particular area of law that meets your needs. David Jones Solicitors are qualified and experienced in work across most practice fields. Please see our Services page for more details.  

Why has my solicitor asked me for ID?
Solicitors are obliged by law to obtain identification documents to comply with money laundering regulations. They must keep a record of these for every client they deal with and obtain recent documents for existing clients on a regular basis. They require evidence of your identity by way of photographic ID (ie. passport or photo driving licence) and proof of address by way of bank statement or utility bill dated within the last three months. All ID documents are held by us under the Data Protection Act and details are never passed to third parties.  

How do I know my Solicitor is fully qualified?
A fully qualified Solicitor will hold a Practicing Certificate and be on the Law Society’s record. You can search for an individual Solicitor and/or firm on the Law Society’s website. Please be assured that all our Solicitors are fully qualified and undertake all legal work themselves. We do not have trainees, legal executives or unqualified secretaries conducting legal work.  

Why shouldn’t I go for the cheapest Solicitor in the town, isn’t it all the same work?
Cheap doesn’t always mean good and could mean you are getting unqualified staff conducting important legal work. You can pay a lower hourly rate but inexperienced solicitors will take longer to undertake many tasks thus resulting in more time spent and higher fees.  

Beware of hidden costs as it is not uncommon for solicitors to quote a fixed fee to get the business then add on additional costs at the end of the matter. This is often done in conveyancing matters for things like completing a stamp duty form or engrossing documents. David Jones Solicitors always quote a ‘true’ fixed fee (where fixed fees are quoted). All necessary work will be included in the cost given so you know exactly what you are paying at the outset. Please see our fees section for more details.

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