BSG Solicitors Honoured For Helping To Secure Vital Funds for Cancer Research UK

BSG Solicitors in Lancaster has been recognised by Cancer Research UK after facilitating over £297,000 worth of gifts from people choosing to leave a legacy to the charity in their will. 

Rebecca Lauder and her team were presented with a Bronze certificate by the charity in acknowledgement of the firm’s ongoing support. BSG Solicitors have been offering the Free Will Service to people in the Lancaster area for the past 20 years, giving advice and support for those wishing to write a will or update an existing one. Recently the age criteria has been widened and is now available to anyone aged 18 or over.

As part of the service BSG gives free guidance for those wishing to leave a legacy gift for Cancer Research UK.

The charity receives no government funding for its research and relies heavily on the generosity of people leaving gifts in their wills. Over a third of its research into the prevention, diagnosis and treatment of cancer is funded through supporters leaving a legacy to the charity.

Rebecca Lauder, Partner and Wills & Probate Solicitor at BSG, said:

“We are very proud to have been one of the first law firms to join the free wills scheme over 20 years ago and look forward to continuing our relationship for years to come. In the last 12 months alone our clients pledged nearly £20,000 of legacy gifts to Cancer Research UK and with the scheme now being open to anyone over 18 we expect this to increase in 2020.”

A legacy gift can be anything someone wishes to leave in their will. Traditionally this is money, but it could be anything that has a monetary value such as land, property or a specific item. Anything left to Cancer Research UK will be free of tax and can be marked to be ring-fenced for research into a specific cancer type or research within a local area.

Clare Moore, Director of Legacies at Cancer Research UK, explained: “We all reach a stage at some point in our lives where we start to look ahead and consider what will happen to our financial affairs in the future, when we may no longer be around.

“At Cancer Research UK, we work with a number of local solicitors including BSG Solicitors to offer local people aged 18 or over the chance to make an all-important first will or to update an existing one. The service has grown in popularity over the past couple of years and while it is provided free of any obligation, most people choose to kindly leave a gift to the charity.

“By offering Cancer Research UK’s Free Will Service the team at BSG have become well informed about our work and are very supportive of our life-saving research. Whenever their clients express a desire to support us, their team act with great sensitivity as they explain the various options and allow individuals or families to make the right choice in their own good time.

“It’s quite astonishing to think that by simply combining enthusiasm with the highest professional standards BSG has helped secure over £297,000 worth of legacy gifts, which will go a long way towards helping our scientists, doctors and nurses to beat cancer sooner.”

Cancer survival in the UK has doubled since the early 1970s and Cancer Research UK’s work has been at the heart of that progress. Every step taken by its doctors, nurses and scientists relies on donations from the public and the kindness of supporters who choose to leave a gift in their will.

For more information on the scheme or to make your appointment please call 01524 386500.

Pictured L-R Helen Soutar, Rose Metcalfe, Rebecca Lauder, Ruth Woodhouse.

Useful Tips for Attorneys

It is not uncommon, not least as someone grows older and has legitimate concerns about losing the ability to manage their own affairs, for an individual to appoint another person to make certain practical decisions on their behalf. This is known as a Lasting Power of Attorney (LPA).

That said, if you have been appointed as an attorney under an LPA, perhaps to act for a parent or elderly relative, although you do not need to be a qualified lawyer, nor even have any legal experience, you will still need to understand the nature and extent of your statutory duties toward the donor.

What is the role of an attorney?

An LPA provides an attorney with the legal authority to act on behalf of the donor in the event that s/he is no longer able to do so, for example, where they are in hospital or otherwise incapacitated, or their ability to make their own decisions has been diminished by reason of illness, accident or disability.

The types of decisions you will make as an attorney will depend upon the nature of the LPA in place. This could either relate to the property and financial affairs of the donor and/or their health and welfare, where each type of LPA will provide the attorney(s) with different types of decision-making power.

A property and financial affairs LPA will give the attorney(s) the right to make all kinds of decisions on behalf of the donor, from collecting their pension to renting or selling their home, and can be used either whilst the donor still has mental capacity or in the event that this is lost.

In contrast, a health and welfare LPA will only come into effect once the donor is unable to make their own decisions, and can include anything from deciding on the donor’s daily routine to receiving life-sustaining medical treatment.

Further, if you are not the only appointed attorney, you will need to determine whether or not any decisions need to be made jointly, or jointly and severally, namely, where decisions can either be taken together or individually.

How should an attorney act?

An LPA will typically provide an attorney with the power to make important and often life-changing decisions about the donor’s future. As such, the attorney is duty bound to act in the best interests of the donor at all times.

However, even with the best intentions, it is all too easy for an attorney to inadvertently fall foul of the law, not least in failing to act within the scope of their authority and/or overlooking the express wishes of the donor. Accordingly, for the novice attorney, the following tips should never be overlooked:

• Always carefully read the LPA to ascertain the extent of any decision-making power, including whether certain decisions should be made ‘jointly’ or ‘jointly and severally’.

• Always follow any specific instructions or guidance provided by the donor in relation to certain decisions and, wherever possible, take into account any preferences the donor has included within the LPA.

• Always help the donor in making their own decisions, allowing them plenty of time or explaining things in a different way, and do not delegate any decision-making to any unauthorised person.

• When making a decision on the donor’s behalf, always have regard to what that individual would have decided if they could, including their past and present values and wishes, as well as any moral, political and religious views they are known to hold. You may want to consult with other relatives, friends or carers before reaching any important decisions.

• Where a joint decision with other attorneys cannot be reached, you should seek independent advice from either the Office of the Public Guardian or a specialised advocate, or even consider mediation. In the event that a disagreement in relation to a serious issue cannot be resolved, you may need to make an application to the Court of Protection.

What if an attorney gets it wrong?

In the event that you fail to act in the best interests of the donor at all times, you may find yourself the subject of a complaint to the Office of the Public Guardian (OPG). The OPG is the government body responsible for monitoring the use of an LPA and attorney’s actions. Moreover, the OPG can also report concerns to other agencies, where appropriate, including the police or social services.

In circumstances where an attorney is found to have acted in their own interests, or otherwise contrary to the best interests of the donor, the Court of Protection can also be asked to intervene to remove the attorney or revoke the LPA.

Legal disclaimer

The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law and should not be treated as such.

Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

Statutory Legacy for Spouses and Civil Partners raised to £270,000

The Lord Chancellor has increased the amount of the statutory legacy payable when a person dies without a Will leaving behind a spouse or civil partner and children. The statutory legacy has been raised from £250,000 to £270,000 and takes effect from 6th February 2020.

Whilst the increase is welcome it does not alter the fact that if you die without a Will you do not have control over who inherits your estate. For unmarried couples having a correctly drafted Will in place is vital as under intestacy laws unmarried partners cannot inherit.

Taking professional advice will also ensure you are not paying unnecessary inheritance tax, which could be avoided with appropriate planning.

Residential Landlords - Say Farewell to Section 21 Notices?

The Queen’s Speech outlined the Government’s plans for the next Parliamentary session. The Renters’ Reform Bill was included which is intended to be introduced to protect tenants by abolishing the use of ‘no fault’ evictions i.e. the procedure under section 21 of the Housing Act 1988. Other elements of the Bill include reforming the grounds for possession and introducing lifetime deposits which will mean that tenants will not need to save every time they move.

The government has also stated that it will work to improve the Court process for landlords to make it quicker and easier for landlords to gain possession of their property where there is a legitimate need for them to do so.

Current housing law is complex and intricate and there is certainly a great deal for the government to consider.  We will be keeping a close eye on matters so that we can support our clients through this time of change and reform.

If you would like to speak to one of our Solicitors regarding the proposed reforms, please do not hesitate to contact us on 01772 253841 or send us an email to imd@bsglaw.co.uk.

Consequences of the Late Payment Act

By virtue of the Late Payment of Commercial Debts (Interest) Act 1998, the supplier of goods and services has an implied statutory right to charge a specified level of interest on the late payment of debts arising under commercial contracts – and that’s not where the potential penalties end for the late payer.

The supplier also has the right to impose additional fixed charges and recover reasonable costs from the purchaser.

Below we examine the provisions of the 1998 Act more closely, and the consequences for the customer who is consistently late in paying.

What does the Act say?

The Late Payment Act 1998 makes specific legislative provision with respect to interest on the late payment of certain debts arising under commercial contracts for the supply of goods or services.

As such, save except where the contract provides for a more substantial remedy, the Act implies a term into commercial contracts allowing suppliers to charge interest of 8% per annum, plus the Bank of England base rate, on overdue invoices for business-to-business transactions.

In addition to the provision for statutory interest, the Act also allows for the recovery of a fixed sum, together with reasonable costs of recovering the debt. Here, the amount a supplier is permitted to charge the customer will depend on the value of the debt.

For debts of up to £999.99 this sum is set at £40, increasing to £70 for debts between £1,000 to £9,999.99, and £100 where the debt is in excess of £10,000.

What constitutes a late payment?

The provisions of the Late Payment Act 1998 will trigger only once a commercial payment is deemed late. This, however, will very much depend on the terms of any agreement, written or otherwise.

If a supplier and customer agree a payment date, typically this will be within 60 days. Whilst a longer period can be agreed, this must be deemed fair to both businesses.

In the absence of any agreement as to payment date, the law provides that payment will be late 30 days after the customer receives their invoice or, where later, the supplier delivers the goods or provides the service.

What is likely to happen in practice?

Notwithstanding the statutory rights of the supplier, in practice many goods and service providers elect not to exercise their right to charge interest and fixed debt recovery costs on each late commercial payment, not least because these penalties are likely to have a detrimental impact on their relationship with customers, many of whom they may wish to do repeat business with.

In theory, yes, a supplier does have the right to impose a fixed financial penalty, together with interest, on an unpaid commercial invoice, even if it is just a few days late. However, in practice, this is not conducive to maintaining a positive working relationship with their customers.

Needless to say, it also has the potential to cause significant reputational damage if word gets round that a particular supplier approaches the problem of late payments in such a draconian way.

In many cases, the mere existence of the statutory right may be sufficient to deter commercial customers from not paying their invoices on time. Moreover, in the event that a business-to-business relationship eventually comes to end, there is nothing to prevent the supplier from retrospectively imposing these charges on each and every late invoice that has historically accrued.

Even though the statutory limitation period for debts would prohibit a supplier from making a claim dating back more than six years, and even though a supplier can only charge the customer once for each late payment, the cumulative total of multiple small unpaid invoices over this period of time can still amount to a sizeable sum for a disgruntled supplier.

As such, commercial customers should be wary of consistently paying late, even where no action appears to have been taken at the time, otherwise risk being penalised in one single, and expensive, hit later down the line.

Legal disclaimer

The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law and should not be treated as such.

Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

Practical divorce tips

Getting a divorce can be an emotionally fraught time, not least in sorting out the practical and financial aspects of your separation. In particular, you will need to decide upon things like where you will both live, how you will both manage financially and who will have primary care of any children.

Below we provide five practical tips to help get you through the toughest times:

1.     Assess your financial outgoings

When you first separate from your partner you will initially need to agree upon how you are going to meet any ongoing financial obligations, such as mortgage repayments and household bills. In many cases, where you are living separately, there may even be two sets of household expenditure to now consider.

Maintaining open lines of communication with your ex-partner can be crucial in reaching the best possible solution, especially when it comes to finances. In this way, at least in the short-term, you can hope to continue to meet all necessary outgoings from your combined income. Needless to say, this is preferable to incurring debts that neither of you may be able to discharge in the long-term.

You may also want to check if either of you are entitled to any state benefits, including a reduction in council tax by way of a 25% single person’s allowance.

2.     Discuss the division of assets

Equally, when deciding upon the division of matrimonial assets and income it is always better to keep this amicable, such that you can discuss and negotiate until a satisfactory solution is found for both parties.

In particular, when agreeing a premise upon which any assets and income will be split, you will both need to consider whether you would like to cut all financial ties and achieve a clean break, thereby protecting any wealth that you may acquire in the future, for example, through career progression or inheritance.

3.     Agree on child custody and care

As with your joint finances, an interim arrangement will need to be put in place as to the custody and care of any children involved. You will need to agree on where the child(ren) will live, as well as when and how often they will have contact with the non-resident parent.

It may be that you agree to a joint custody arrangement, although the details of this arrangement will still need to be resolved, albeit if only on a temporary basis to begin with.

Unsurprisingly, it is not uncommon for divorcing parents to struggle to reach an agreement as to child custody or contact, especially if the separation has been acrimonious.

In circumstances where an agreement cannot be reached, one or both parents may apply to the court for a child arrangements order. A child arrangements order is a court order stipulating who has primary care of the children, and the nature of any contact with the non-resident parent.

4.     Make or revise your will

If you do no currently have a will you should consider creating one, not least because if you die intestate before your divorce is finalised, your spouse will stand to inherit the first £250,000 of your estate and half of the remaining estate, together with all of your personal property and belongings.

In the event that you already have a will you should consider revising this. For the majority of couples, their spouse is the main beneficiary under their will.

Further, most married couples own the matrimonial home as joints tenants rather than as tenants in common. As such, if one dies, their share of the property will automatically pass to the surviving spouse, not unless the joint tenancy is severed.

5.     Seek specialist legal advice

Although it is not uncommon for couples to get divorced without retaining the services of a lawyer, it is always sensible, at the very least, to explore your options in relation to a number of legal issues, from pension sharing and property-related issues to wills and estate planning.

In particular, if agreement cannot be reached with your ex-partner in relation to the care arrangements for any children, you should always seek advice from a specialist in family law.

In many cases, by simply seeking the advice of an experienced solicitor you can feel reassured that you are taking positive steps towards achieving the best possible outcome for you and your family. You can also have the peace of mind that any negotiations can be formalised by way of a legally binding agreement so as to protect you for the future.

Please note, in the absence of a financial order from the court, whether by consent or otherwise, it remains open to either party to bring a financial claim against their ex-spouse at any point in the future.

Legal disclaimer

The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law and should not be treated as such.

Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

BSG secures large compensation award for injured child

BSG Solicitors were instructed to act on behalf of a young child who suffered a serious injury to her hand. The Claimant, who was aged 3 at the time of the accident, was on a nursery trip to an animal park. As she was feeding a pony, her finger was bitten resulting in an amputation of the tip of her index finger.

Liability was promptly admitted by the compensating party however a dispute arose regarding the overall value of the claim. Offers of settlement were received in the region of £10,000.00 which Idris advised the Claimant’s parents to reject. The case was relentlessly pursued and a substantial settlement was achieved which included the projected life time costs of a replacement prosthetic digit.

If you have been involved in an accident and it was not your fault, you may be entitled to claim compensation. Please contact our dedicated and experienced Solicitors for a free initial consultation on 01772 253841.