BSG Win National Conveyancing Award

On 15th March, BSG Solicitors was crowned Boutique Conveyancing firm of the year at the British Conveyancing Awards 2022, at a ceremony held at Church House in London, and hosted by journalist Samira Ahmed.

The awards celebrated professionals from all aspects of the conveyancing process, including law firms, search providers, risk management specialists, and more. The judges praised BSG for demonstrating broad technical expertise and a commitment to training staff for long term development and progression within the firm.

Pippa Weld-Blundell, Partner and Head of Residential Property commented:

“We’re still in shock at winning, given these are national awards and we were up against some tough competition from around the country. This was an ideal award for our firm as we always offer a highly personal service to our property clients across Lancashire and Cumbria.

We’d like to thank our team for their hard work, and for consistently delivering an outstanding level of service.

Unfortunately we couldn’t attend the event in London, but were able to watch live via the online stream, and then celebrate with a glass of bubbly!”

David Opie, Managing Director at Today’s Media who run British Conveyancing Awards added:

“Congratulations to BSG Solicitors on winning this award. The category had a high number of entries from a wide range of firms so this is a great achievement. The awards proved to be a huge success once again and we look forward to returning next year.”

BSG Solicitors Shortlisted for British Conveyancing Award

Lancashire law firm BSG Solicitors has been shortlisted at the British Conveyancing Awards in the ‘Boutique Firm of the Year’ category.

The awards highlight achievement and recognise the success of those in the residential property sector. The 2022 Awards will see journalist Samira Ahmed return as host of a hybrid event with the in-person ceremony at Church House in London simultaneously live streamed via The British Conveyancing Awards website from 4pm on 15th March 2022.

Pippa Weld-Blundell, Partner at BSG Solicitors commented:

“I am delighted that we have been shortlisted for this national award. This is a new category for the British Conveyancing Awards and one that really suited our firm. The service we provide is very much ‘boutique’. We take a very personal approach and pride ourselves on the service we provide to clients from both our Lancaster and Preston offices. Fingers crossed for the ceremony!”

David Opie, Managing Director at Today’s Media, the publishers of Today’s Conveyancer and organisers of the awards, added:

“The shortlist is testament to the incredible work of individuals, firms and all those who support home movers up and down the country. We’re delighted to be able to showcase the cream of the conveyancing crop through these awards.”

Using a Lasting Power of Attorney to safeguard your business

In a world where the unimaginable can and does happen — where sudden illness or injury can leave any one of us mentally incapable of dealing with our own affairs on either a temporary or permanent basis— a Lasting Power of Attorney (LPA) can provide you with the peace of mind that your financial interests will be adequately protected if the worst happens.

For many of us, this will be a case of appointing someone we trust, a family member or close friend, to deal with our property and personal finances. However, for those responsible for running a business — operating as either a sole trader, or via a limited company or partnership — an LPA can help to safeguard the survival and success of that business.

What is an LPA and how does this work?

An LPA is where an individual, described as the donor, appoints an attorney, or more than one attorney, to manage any pressing financial affairs on their behalf in the event that the donor is unable to make decisions for themselves, whether this be in the short or long-term.

Commonly, spouses or civil partners, or cohabiting partners, will appoint each other to act in the other’s interests should either one of them become incapable of making decisions due to mental incapacity. However, LPAs are also commonplace when it comes to risk management in the context of a business, providing a financial lifeline in cases of long-term incapacity or, alternatively, protecting the livelihood of the donor during any short-term incapacity.

However, as a business owner, it’s vital that you carefully consider which individual(s) you’d entrust with decisions about your business. In some cases, this may not necessarily be your other half, not least if they lack the know-how to handle these types of decisions. Luckily, it’s entirely possible, and advisable, to consider making two LPAs with different attorneys: one for financial decisions in relation to your business, and the other to cover your personal affairs.

What are the risks of not having an LPA in place?

The making of an LPA should form part of any crisis management plan to help minimise the risks to your business in the event of critical illness. The risks of not having an attorney appointed under an LPA can be many and varied, from being unable to access business accounts, causing problems with cash flow, to incomplete contracts and disgruntled clients.

Even if you already have an LPA in place, but the intention behind this was for your attorney(s) to solely deal with your personal finances, rather than any business matters, you should act immediately. This is because any current appointed attorneys, in the event of your incapacity, would have the legal authority to make business decisions on your behalf.

By putting in place a separate LPA, specifically designed to deal with the survival and success of your business, this will help to guarantee a financial lifeline and/or livelihood to return to. By securing expert legal advice from an LPA specialist, this can also help to guarantee that the needs of both your business and your personal affairs are adequately met where needed.

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 in England and Wales 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 always be sought.

With Inheritance Act claims, is it really worth making a Will?

The potential for a posthumous dispute over a Will can seem disconcerting for anyone who has taken the time to carefully consider, and have committed to writing, what they’d like to bequeath to those that they leave behind.

The question is, therefore, is it really worth making a Last Will and Testament?

What are Inheritance Act claims?

When insufficient or no financial provision has been made for a particular individual under the terms of a Last Will and Testament, that person may be able to make a claim against the deceased’s estate. This is known as an Inheritance Act claim, or more accurately a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

The 1975 Act gives the court a relatively wide discretion, within certain legislative parameters, to vary the distribution of the deceased’s estate so as to make financial provision — such as a single lump sum, regular payments or transfer of property — for relatives and dependants.

Those eligible to make a claim under the Act include the deceased’s spouse or civil partner, or former spouse or civil partner, provided they’ve not remarried or entered into a subsequent civil partnership; anyone cohabiting with the deceased for a period of at least two years prior to the date of their death; any child of the deceased, including adult children; anyone treated as a child by the deceased during their lifetime, including adopted or stepchildren; and anyone else who was financially dependent on the deceased immediately before they died.

The court can make an order where it's satisfied that reasonable financial provision has not been made under the Will. A spouse or civil partner will usually be entitled to such financial provision as is deemed reasonable in all of the circumstances, regardless of whether or not that provision is actually required for their maintenance, whilst other family members or dependants will be entitled to such reasonable financial provision as is deemed necessary.

Is it still worth making a Will?

The legal starting point is that you can leave your worldly assets to whomever you choose, although the 1975 Act provides a safety net for eligible claimants who can show that they require more financial provision than they’re entitled to receive under the terms of any Will.

That said, Inheritance Act claims are not clear cut, where much will depend on the nature of the relationship between the claimant and deceased during their lifetime. The court will also take into account, for example, the financial resources and needs of the claimant, and of any beneficiaries, and the size and nature of the deceased’s estate. The court can even have regard to the claimant’s conduct. This essentially means that a claim will not automatically succeed.

In short, the possibility of a claim, which must usually be brought within just six months of the grant of probate, combined with the hurdles that a claimant must clear to persuade a court to grant their demands, should not deter you from making a Will. In the majority of cases, family members and dependants will accept a testator's final wishes without protest.

It’s also worth bearing in mind that by failing to leave a Will, under the strict rules of intestacy, those that you would want to benefit from your estate may be left with absolutely nothing — leaving them with the overwhelming burden of bringing an Inheritance Act claim.

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 in England and Wales 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 always be sought.

The benefits of buying a new build

Buying a new build not only means you will benefit from a brand new home to live in, it can also provide you with significant financial and practical benefits when compared with buying an older or resale residential property. Below we highlight some of the advantages of buying a newly-built home, whilst flagging up the potential pitfalls that might arise along the way.

The benefits of buying new

When buying a new build, you may be eligible for financial assistance in the form of a low cost loan through the Help to Buy: Equity Loan scheme. This is a government scheme designed to help over 18s in England buy a new property with just a small deposit. The new scheme will run until March 2023 and, as with the previous scheme, the government will lend homebuyers up to 20%, or 40% in London, of the cost of a newly-built home with a registered homebuilder.

The government has also recently launched the First Homes scheme for local first-time buyers and key workers earning less than £80,000 per year, or £90,000 in London, albeit lower if set by the local authority. The scheme is designed to help those providing essential services or with local connections to get on the property ladder by offering residential properties discounted by at least 30% compared to market prices. With properties already on sale in the East Midlands from June 2021, further designated sites are now set to launch across England. 

Even if you’re not eligible under one of these government schemes, very often developers will provide potential purchasers of a new build with attractive financial incentives, from paying any stamp duty or legal fees due to giving you the option to select certain design and decor aspects for your new home — typically including a warranty to protect you against any defects in respect of the entire build that may later come to light after you’ve moved in.

For existing homeowners, the developer may even offer a part-exchange on your current property. Even though you may get less than you would if you were to sell your house on the open market, by partly funding your new home with the proceeds of a part-exchange deal this can make the process far simpler and less stressful — not least because this will facilitate exchange and completion of both properties, removing the risk of your buyer pulling out.

The drawbacks of buying new

Although the advantages of buying a new build can be tempting, there are also several drawbacks. Unless you buy a new home that is already built, this runs the risk of running into complications during the construction phase – from unavoidable delays due to poor weather, to the developer being unable to complete the build at all down to a lack of funding. Further, with off-plan properties, where you’ve seen the show-home and chosen a replica property, this doesn’t guarantee that yours will be completed either on time or to the same standard.

In most cases, you will be given the option to pull out of your purchase prior to completion, where any warranty should cover your deposit. This means that you will not lose your deposit if a major problem comes to light either during or post-construction. You will also usually be given the opportunity to complete a snagging list for more minor issues. Still, waiting for your home to be completed can be a stressful time, especially if you’re in a chain where the buyer of your existing property needs to exchange and complete by a certain date.

All that said, many of the potential pitfalls arising from buying a new build can be safely navigated with the help and advice of a specialist conveyancer — from helping make sense of the developer’s terms and conditions to the protection afforded to you under any warranty.

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 in England and Wales 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 always be sought.

Andie Brown

This weekend we said goodbye to our wonderful partner Andie Brown, following a short but very bravely fought battle with Cancer. 

Andie has been with the practice since 1989, working with some of our team for over 25 years. Over that time, she has helped to build an incredibly tightknit unit who feel privileged to call themselves the BSG family. 

We are devastated to have lost such an amazing woman who was like a work mum/sister to all of us. Andie always had our backs whatever the circumstances, and if the chips were down you could find a homemade shepherd’s pie on your doorstep, be marched over Nicky Nook and/or more often than not, given one of the best hugs and Andie therapeutic chats. 

Nothing we can say will ever do justice to Andie, she will be missed more than she could ever have known. Our hearts go out to Andie’s lovely husband Mark, and her beautiful girls, Ellie and Daisy. 

Andie’s funeral will take place on the 22nd December at 10am at the Chaplaincy Centre at Lancaster University. Following the service the burial will take place at Shireshead (St. Paul) Church.

Andie's family would love as many people to attend as possible.

https://www.lancaster.ac.uk/chaplaincy/

The importance of establishing land rights

When a parcel of land is sold, the seller will often retain rights relating to the passage of services over, under and through the land being transferred. These are known as easements, and can include things like rights of drainage or utilities. Equally, the buyer will usually be granted the same or similar rights over the neighbouring land remaining with the seller.

In theory, this all sounds fairly straight forward. If, however, an express repairing covenant is not included when the easement is created, a question that often arises is whether there is an ancillary right or an obligation on either the dominant or servient owner to repair the subject matter of the easement, such as a drainage ditch for surface water. This is especially the case where the medium for the utility is not being used by the land through which it runs.

For example, the seller’s land may benefit from a connection to mains drainage directly from the highway drains for surface water, where the seller has installed a ditch to the drainage pipe which then runs through their land to serve the plot that they have sold. The potential problem here arises in that a seller who does not need to connect to that ditch and, as, such, it is entirely for the benefit of the buyer, is unlikely to be willing to accept responsibility for the ongoing repair and maintenance of that ditch, or at the very least for the cost of the same.

In some cases the rights and obligations of each party may be clearly set out, for example, that the user of the ditch is to repair this at their own cost and, with that, they would have the right to access the seller’s land to do so. Alternatively, if the seller wishes to maintain control over the ditch and who accesses their land, the parties could agree to an obligation on the buyer to pay towards the costs of this. If the drainage ditch only serves the buyer’s land, then the parties may even agree to the buyer being responsible for the full cost.

If, however, the repairing rights and obligations of the parties are not clearly defined from the outset, this can potentially lead to ongoing disputes later down the line. Moreover, where the buyer of the land is planning to develop their plot, this can cause significant and costly delays. This could be, for example, where a dispute arises over whom is responsible for unblocking a ditch, and whether or not the buyer is entitled to access the adjacent land to carry out works.

As a developer, in addition to ensuring that easements required for utilities and services are not overlooked, it is vital that the repairing rights and obligations relating to the subject matter of any easement are properly defined. For this, expert legal advice must always be sought, ensuring that any repairing provisions are adequately and accurately drafted so as to protect your rights and safeguard your investment.

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 in England and Wales 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 always be sought.

What is judicial separation?

If you’ve recently separated from your spouse or civil partner you may be considering divorce or dissolution of your civil partnership. However, for some couples, this is not necessarily the best way forward. Instead, if you’re choosing to live apart but are still looking for the court to decide how your finances will be divided, you can apply for a judicial separation. 

What does judicial separation mean?

A judicial separation is a legal separation which is sanctioned by the court in England and Wales. This allows couples to live apart without bringing their marriage or civil partnership to an end. It ratifies the separation, and with the exception of pension sharing, it will enable the court to make financial orders similar to those made on divorce or dissolution.

 When can you apply for judicial separation?

You can ask the court to sanction a legal separation for the same reasons you could file for a divorce or apply to dissolve a civil partnership, although you will not be required to show that the marriage or civil partnership has irretrievably broken down. The grounds for separation, as with divorce or dissolution, include adultery, unreasonable behaviour, desertion for a period of at least two years, two years' separation with consent or five years' separation.

How does judicial separation differ to divorce?

Unlike divorce or dissolution of a civil partnership, you do not need to prove irretrievable breakdown of the marriage or union, and you will not need to be married or in a civil partnership for more than one year to be eligible to apply. Further, whilst a divorce or dissolution require two decrees from the court — a decree nisi and absolute, or a conditional and final order — a legally sanctioned separation requires one decree of judicial separation.

Once a decree of judicial separation has been granted, you will no longer legally be a couple or required to cohabit, but you will remain married where, unlike divorce or dissolution, you will not be permitted to remarry or enter into a new civil partnership.

When is judicial separation appropriate?

There are several reasons why judicial separation may be appropriate, including where one or both parties have religious or moral objections to divorce or dissolution. In other cases, judicial separation may be preferable to officially bringing a marriage or civil partnership to an end because a year has not yet passed since the wedding or civil ceremony. Conversely, more time may be needed to consider whether divorce or dissolution is the right decision.

Indeed, for those who decide to wait it out before getting divorced or dissolving their civil partnership, instead using judicial separation to regulate their finances in the interim, new legislation is set to revolutionise the way in which couples can apply for divorce or dissolution.

When is the new law due to come into force?

 The Divorce, Dissolution and Separation Act 2020 is due to come into force on 6 April 2022. This removes the requirement to establish any facts before being granted an order. Rather, all that will be required is for one or both spouses to provide a legal statement to say the marriage or civil partnership has irretrievably broken down, in this way making it easier and less acrimonious to bring a divorce or civil partnership to an end. Equally, once the new provisions come into force, parties applying for judicial separation will not be required to establish any one of the five factual grounds.

For more information on judicial separation, divorce or dissolution of a civil partnership, expert advice should be sought from a family law specialist. 

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 in England and Wales 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 always be sought.

How do you value an estate for inheritance tax purposes?

If you’re acting as an executor of a deceased’s estate, an important part of your responsibilities will be to value any assets that form part of that estate for inheritance tax (IHT) purposes. Whether or not there’s IHT to pay, this will affect how you report the estate’s value, and the deadlines for reporting and paying any tax. This can often be a complex process, not least where the deceased owned various different types of assets at the date of death.

Below we look at the steps involved to work out the value of someone’s estate.

Step 1: Work out the market value of all the assets

When valuing someone’s estate, ie; the money, property and possessions of the person who’s died — you should start by estimating all the things the person owned with a monetary value, whether jointly held or in their sole name. You will need to add these up to get the ‘gross value’ of the estate. This can include things like their home, savings, stocks and shares, vehicles, jewellery, pension payouts, life assurance, and money they’re owed, such as wages.

You should be able to value some assets easily, for example, money in bank or building society accounts. In other instances, you may need the help of a professional valuer, for example, a chartered surveyor to assess the open market value of the deceased’s home.

Step 2: Deduct any debts, reliefs and exemptions

Having established what debts were outstanding at the date of death and deducted these from the gross value, this will give you the ‘net value of the estate’. This not only includes any debts and unpaid bills the deceased person still owed, but also any funeral expenses.

In addition, you will need to deduct any reliefs that apply to agricultural assets, businesses and business assets, as well as the value of any assets left to spouses, civil partners, charities or that are exempt for other reasons. The figure that you’re left with will give you the value of the estate that’s taxable. This is known as the ‘chargeable estate’.

Step 3: Work out the available inheritance tax threshold

You will need to take the basic threshold of £325,000. Everyone in the 2021-22 tax year has a tax-free IHT allowance of £325,000, known as the nil-rate band, together with a residence nil-rate band of £175,00 where applicable. You can also take any unused thresholds transferred from a late spouse or civil partner’s estate.

Step 4: Compare the value of the estate with the available threshold

You will need to compare the value of the chargeable estate with the available threshold(s). If the value of the estate is less, there’s no inheritance tax to pay. If it’s more, IHT will be due on the excess, typically at a rate of 40%. Once you’ve got all your information and figures together, you will need to report the estate’s value in detail to HMRC.

Step 5: Secure expert advice from a probate specialist

Whilst valuing the estate of someone who has died has been broken down into these relatively simple steps, the rules can become complicated, not least if substantial gifts were made within seven years of the date of death as this reduces the basic IHT threshold, or where assets were given away but for which the donor retained some benefit. The terms of the will can also affect how much tax is payable and who pays it when there are tax-free gifts or items left in trust.

If in any doubt whatsoever, prior to reporting the estate’s value to HMRC, expert advice should be sought from a probate specialist. The financial implications of valuing an estate incorrectly can be significant, particularly if the deceased’s estate is subject to inheritance tax. By securing the advice and assistance from a legal professional, this can give you the peace of mind to move on to the next stage in the process: applying for probate and administering the estate.

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 in England and Wales 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 always be sought.

What to do if you’re denied access to your child

Sadly, it’s not uncommon for disputes to arise over child contact arrangements, where being denied access to your child can be heartbreaking, both for you and them. However, there are steps that can be taken to resolve any dispute that you have with the parent or guardian with care, ensuring that you’re able to maintain regular contact with your child moving forward.

Try to reach an agreement

Even if you have parental responsibility for a child but you do not live together, it does not mean you have an automatic right to spend time with them. There is no immediate legal right to contact for a parent. That said, a court will usually grant the non-resident parent access, unless there’s clear evidence that this will be detrimental to the child’s welfare.

In some cases, a carefully worded letter, explaining your point of view, as well as the view the court is likely to take to access, can help to persuade your ex to see your perspective, and to accept that continued contact is in the child’s best interests. By seeking expert advice from a family law specialist, your advisor can help to set out the legal position in writing, together with reassurance in respect of any concerns that your ex may have over granting you access.

If agreement can be reached in this way, your solicitor can draft the terms of that agreement in writing and ask the court to approve those terms. In this way, the agreement will become legally binding. Provided the court accepts that the terms of any consent order are in the child’s best interests, the order will be approved without the need for a court hearing.

Where the matter cannot be resolved informally or by way of an approved consent order, you may instead wish to invite your ex to try mediation, in this way helping you both to reach an out-of-court agreement that is acceptable for everyone without recourse to the litigation.

Apply for a Child Arrangements Order

If you’re unable to agree to contact, you can ask the courts to decide at a hearing. If this happens the result will be a Child Arrangements Order. This is a court order stipulating who has primary care of the child, and the nature of any contact with the non-resident parent or wider family members the child lives with and who they spend time with. Prior to making an application to the Court, it is now a requirement that you attend mediation. However, there are certain exceptions to this such as you have been a victim of domestic abuse or the matter is urgent. However, except in certain cases, for example, involving domestic abuse, the court will want to see that you’ve at least attended a meeting about mediation first.

When a court determines any question with respect to the upbringing of a child, the child’s welfare will be the court’s paramount consideration. Here, a range of factors will be taken into account including the needs and wishes of the child, the capabilities of each parent in meeting those needs, as well as any harm that the child may have suffered or be at risk from suffering. In the absence of any safeguarding concerns, the courts will actively encourage a relationship between the child and both parents, even if objections are raised by your former partner.

A family law specialist experienced with dealing with these types of applications can help to prepare any case on your behalf, helping to ensure that an order is made in your favour for continued contact with your child. By having a well-prepared case, this can go a long way towards effectively defending any challenge raised by the parent or guardian with care.

Enforce a Child Arrangements Order

If you already have a consent or court order in place, but your ex is not keeping to the terms of that order, it’s often best to see if the matter can first be resolved informally. In many cases, this will be in the best interests of all those involved, including your child, especially where the breach or breaches of any order are relatively minor.

Legal advice should be sought as soon as possible so that every attempt can be made to resolve the matter without further recourse to the courts. However, as a last resort, there are legal steps you can take to ask the court to enforce its terms. Your legal advisor can also advise on all other available options, including further family mediation.

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 in England and Wales 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 always be sought.