Executors Warned Not to Hold Off on Probate

BSG Solicitors have warned that executors and beneficiaries could be facing a lengthy wait if they hold off applying for Grant of Probate.

Last year grieving families faced delays of three months or more to due to software problems at HM Courts and Tribunals Service (HMCTS), plus a spike in demand due to the proposed hike in probate fees, which was later scrapped.

The Government has revealed that applications for grants of probate have fallen by 50% since 23rd March 2020, but as the lockdown eases there is expected to be a surge in applications due to the impact of the pandemic and lockdown. HMCTS have stated they will recruit more staff to process probate applications if needed, but it is unclear whether this would again result in a backlog and further delays.

Rebecca Lauder, Partner commented:

“Delays during the estate administration process cause additional stress during an already difficult time for grieving families. It is currently taking a number of weeks to receive a Grant of Probate and we can see this increasing if people continue to hold off starting the process.

Dealing with matters following a death is emotional and challenging at the best of times and due to the pandemic, it seems people have been unsure how to proceed. Although certain elements have been adapted to reflect the social distancing measures in place, it is still possible to carry out the probate process.

In addition to delays with HMCTS, requests for information from banks and other financial institutions is taking longer than usual so we are urging executors to start the process as soon as possible.”

BSG Solicitors have taken all necessary precautions with regards the safety of clients and staff. Very limited face to face contact is required, if any, when dealing with probate and in most cases it can be dealt with over the phone, video calls or email.

For advice on Probate please call 01524 386500 or email enquiries@bsglaw.co.uk.

Coronavirus: Separated Families and Contact with Children in Care FAQs

The House of Commons have released responses to some of the frequently asked questions regarding separated families and contact during the coronavirus pandemic. This covers:

• Can children move between the homes of separated parents?

• How should parents comply with a court-orders for contact?

• How are child maintenance payments impacted?

• Can I visit my child in care/residential home?

• My child contact centre is closed: What alternatives are being made?

• Where can I go for help and advice?

To download the guide please click here.

If you require further advice please call 01524 386500 or email enquiries@bsglaw.co.uk

Housing Market Set To Reopen

From today estate agents’ offices can open; viewings are permitted; show homes can open; removal companies and the other essential parts of the sales and letting process are re-started with immediate effect.

Since lockdown restrictions were implemented in March, an estimated 450,000 people have been unable to progress their plans to move house. All buyers and renters will now be able to complete their moves.

A new Charter has also been launched by the Government and the Home Builders Federation, helping construction sites reopen in line with latest health and safety guidance. Construction companies signing up to the Charter commit to returning to work safely, including working with their subcontractors to implement social distancing, as well as detailed safe working practices.

Rebecca Lauder, Partner at BSG Solicitors commented:

“This is positive news for the housing market in general and particularly for thousands of people across Lancashire who have been waiting to complete their move. Our property department has continued to operate throughout lockdown, moving clients towards exchange of contracts and we are now ready to get them into their new homes.”

The full list of activities now permitted in relation to the property market are:

• Visiting estate or letting agents, developer sales offices or show homes

• Viewing residential properties to look for a property to buy or rent

• Preparing a residential property to move in

• Moving home

• Visiting a residential property to undertake any activities required for the rental or sale of that property

For further information please call 01524 386500 or email enquiries@bsglaw.co.uk

Care Worker Recovers Compensation

We recently acted successfully for a care worker who worked in an assisted living facility for adult males with mental health issues or learning difficulties. Our client sustained serious injuries, both physical and mental, as a consequence of a violent attack from a service user. Our client was also required to take a significant period of time off work to recover from her injuries.

Liability was denied by the employer’s insurance company however our Solicitors vigorously pursued the case using their expert knowledge of personal injury law and secured a substantial settlement for our client including a significant sum in respect of lost earnings and the cost of future psychological treatment.

Our dispute resolution Solicitors specialise in personal injury matters whether they are injuries sustained at work, on the road, on private property or in public places.

If you are considering making a claim for compensation, please telephone us on 01772 253841. We will be happy to discuss your case and the process of making a claim with you.

Innocent Passenger Secures Compensation

Idris Dawjee recently acted for a client who was seriously injured in a road accident sustaining a spinal fracture and a wrist fracture which required surgery. Our client was a front seat passenger in a vehicle driven by a friend. The driver of the vehicle drove at an excessive speed and collided into a parked van as he attempted to drive through a sharp bend in the road.

Idris pursued the claim robustly and negotiated a substantial settlement, which included payment for lost earnings and rehabilitation treatment.

Our dispute resolution Solicitors specialise in personal injury matters whether they are injuries sustained at work, on the road, on private property or in public places. If you are considering making a claim for compensation, please telephone us on 01772 253841. We will be happy to discuss your case and the process of making a claim with you.

The Importance of Protecting Tenancy Deposits

It is important for landlords and tenants to maintain a positive relationship.  From time to time, however, disputes arise. Recently, BSG Solicitors acted on behalf of a tenant who was involved in a serious dispute with his landlord regarding repairs, alterations to the property and payment of rent.

Rather than seeking to resolve the dispute amicably with the tenant, the landlord decided to serve what is commonly known as a Section 21 notice and commenced Court proceedings for possession of the property. BSG Solicitors were instructed by the tenant to defend the claim for possession. After carefully considering the tenancy agreement and other relevant documents, we identified that the notice that had been served by the landlord was invalid as the landlord had failed to comply with the initial requirements regarding the protection of the deposit paid by the tenant as set out in Section 213 Housing Act 2004. 

The claim was defended robustly on the tenant’s behalf and the landlord’s Solicitors discontinued the claim for possession. In addition, we were able to reach an agreement that the landlord would pay the tenant’s legal costs.

We also act regularly on behalf of landlords who are granting tenancies or seeking possession of their property where they are facing difficulties with tenants and can usually do so based on a fixed fee, agreed at the start of the matter.

It is inevitable that during these difficult times disputes will arise between landlords and tenants. It is important to discuss matters first and attempt to resolve disagreements when they arise, however this is not always possible and legal proceedings may be necessary.

If you are a tenant or a landlord and you require legal assistance, please do not hesitate to contact our litigation department on 01772 253841.

Demand for Wills and Lasting Power of Attorney Soars

Lancaster law firm BSG Solicitors have reported a significant increase in the demand for Wills, inheritance tax planning and Lasting Powers of Attorney over the last three weeks.

“Only last month an online poll showed that the number one reason people did not have a Will was simply that they hadn’t got round to it. Concerns over the Coronavirus and an increased amount of time people have on their hands due to lockdown has resulted a large number of enquiries from new and existing clients” commented Rebecca Lauder, Partner.

There have been calls for the Government to make writing Wills easier during the Covid-19 crisis and the Ministry of Justice could temporarily relax rules on two witnesses being present. Scottish Law has already been amended to allow video conference facilities to assist in witnessing a testator signing their Will.

“There are challenges to ensure we remain compliant and all Wills are valid, whilst still following social distancing rules. We have done a number of ‘Window Wills’ where clients have been self-isolating and we have witnessed them signing through a window at their home. It is also possible for us to send the Wills out by post with detailed instructions for signing and witnessing.”

Whilst further clarification is expected from the Ministry of Justice, the Solicitors Regulation Authority released guidance on the 2nd of April stating that video supervision of witnesses signing Wills should be possible, for example in the case of people in a care home.

Most people just ‘haven’t got round’ to making a Will!

A recent online poll found that the biggest single reason for adults not having a Will is simply that they haven’t got round to it! Run on the MoneySavingExpert website the poll had over 3400 individual responses in just one week.

Perhaps surprisingly it was only in the over 65 age category that the vast majority of respondents had a Will and only 25% of people between 35 and 49 had a Will in place.

Age	Do have a will	Do not have a will
Under 25	11%	89%
25-34	11%	89%
35-49	25%	74%
50-64	53%	47%
65+	79%	21%

The other top reasons for not having a will in place were ‘I don’t really know where to start’ and ‘everything will go to my spouse or children anyway’. The full results of the poll can be found at https://www.moneysavingexpert.com/poll/03-03-2020/do-you-have-a-will-if-not-why-not.

Rebecca Lauder, Partner commented:

“It’s very interesting to see the results of this independent survey and whilst we would expect age to be a key factor in making a Will it’s worrying that a large number of people assume everything will automatically pass to the people they wish to benefit from their estate. Regardless of age, everyone should make a Will.

To make a telephone appointment to discuss your Will please call 01524 386500.

Commercial Property and the Coronavirus

The Government announced on Monday that Commercial tenants who cannot pay their rent because of the coronavirus will be protected from eviction if they miss payments in the next three months.

Tenants will still be liable for any rent due, increasing the likelihood of requests for rent reduction, suspension or payment plans. Both landlords and tenants are being advised to take early legal advice before agreeing any changes in rent or the terms to avoid disputes in the future.

It is worth noting that a tenant cannot bring a commercial lease to an end as a result of the coronavirus, this can only be done by:

• Exercising a break clause

• Negotiating a Surrender of the lease agreed by both parties

• Serving Notice - if the term of the lease has expired and the tenant is holding over

Hannah Walling Commercial Solicitor commented:

“Whilst the landscape is changing rapidly and we’ve seen some unprecedented actions by the Government in the last two weeks, both landlords and tenants are still bound by the terms of their leases. They must be careful not to agree anything now without professional advice.”

For advice on any commercial property matters please call 01524 386500.