Legal

Exploring legal issues and topics to help and guide you

22nd Feb 2024

Residential Lease Extensions by Heald Solicitors

Welcome to Heald Solicitors’ guide on residential lease extensions. As experts in property law, we’re here to navigate you through the intricacies of extending your lease, ensuring your property retains its value. This guide covers everything from current regulations to expected costs and upcoming legal amendments. If you own a flat, it is most likely that you hold it as a long leaseholder. Owning a property in this way allows you to live there for a set number of years, when this period expires, you have to give ownership back to the Landlord. Most leasehold properties are sold with a 100+ year lease, with some having a 999-year lease, which is seen as a virtual freehold. However, if the lease term drops to less than 80 years, it can become difficult to sell or remortgage. This is because, in order to extend a lease of less than 80 years, you..

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06th Jun 2023

PROCEED WITH CAUTION Executors and Administrators Responsibilities – Claims Against an Estate

This article covers the legal duties of executors and administrators regarding claims against an estate, including creditor and beneficiary claims. It emphasises the importance of managing these claims properly to avoid legal consequences and potential risks and liabilities. Executors appointed under a Will of a deceased and Administrators appointed under the Rules of Intestacy (when there is no Will) should consider and be aware that claims can be made against an Estate within 6 months from the date of issue of a Grant of Probate/Letters of Administration. The Executor/Administrator should caution against distributions out of an Estate from being made for the first 3 months and to be aware that claims can be made within the 6 month period. Examples of Claims against an Estate Reasonable Provision claimed by:- Any spouse or civil partner. Any former spouse or civil partner, provided they have not remarried or registered a new civil..

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23rd Jan 2023

Ensure your affairs are in order with a Will

With New Year plans in progress, we spoke to Solicitor Charlotte Pinkham at Wilson Browne Solicitors about getting your affairs in order with a Will. Do I really need a Will? This is the most common question I get asked, especially from married couples as it is often assumed that everything will simply pass to the surviving spouse. However, if you do not have a Will in place, under the rules in England and Wales, you are deemed as passing intestate meaning it is then left to the intestacy rules to determine who benefits from your estate. Another aspect to note is that un-married partners and co-habitees are not recognised under the intestacy rules and so your partner would not benefit from anything in your estate. If you want control over who inherits from your estate and peace of mind knowing that your wishes will be respected after your death,..

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22nd Aug 2021

Survey spurs launch of new family law service: 2Unify

Research recently conducted by Shoosmiths family law team revealed that 30% of couples living together rate relationship breakdown as one of life’s most stressful events – second only to serious illness – and yet alarmingly as many as 53% hadn’t made any arrangements to alleviate the impact in the event of separation.   Worryingly, the survey further revealed that 65% of those surveyed still believed in the myth of common law husband and wife and 40% didn’t know what would happen to their assets if they were to separate. 23% of those who had recently separated felt that their settlement was unfair because it didn’t recognise their financial contribution and 30% didn’t feel it recognised their contribution to looking after the home and family. The results from this research have spurred Shoosmiths family law team to launch their 2Unify service, offering legal expertise on nuptial and cohabitation agreements alongside relationship..

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20th Aug 2021

I’ve separated, how soon should I divorce...

When a married couple first decides to separate, they often have several decisions to make: Should I be considering divorce? Is it too soon? Should I go and see a solicitor yet? Should we both remain in the family home? What shall we do about our finances in the meantime? The biggest dilemma many people face is the decision about how soon they should be starting the divorce process.   Should I commence the divorce straight away?  For some, the priority is to start the divorce process and tie up any loose ends with their partner at the earliest opportunity, to enable them to move on with their lives. Currently, the only grounds on which a divorce can be obtained when you have been separated for less than two years, is if the divorce petition is based on your spouse having a) committed adultery, or b) behaved in such a way..

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13th Jul 2021

The end of divorce/dissolution blame game

Following a public consultation where Family Justice Professionals and those with direct experience of the divorce system voiced their support for reform, it was decided that new divorce legislation would be introduced in an attempt to minimise conflict between separating spouses.  The current legislation encourages parties to become entrenched in their respective arguments about whose fault it is that the marriage broke down, which can make it more difficult for financial arrangements to be agreed. This in turn is more likely to have a damaging effect on the future relationship of separated couples who have children to co-parent.  At the moment there is only one ground for divorce, and that is the ‘irretrievable breakdown of the marriage’. To satisfy the Court that the marriage has broken down irretrievably, the person who starts the divorce proceedings (the petitioner) must prove one of the following five facts:-  That the respondent has committed..

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11th Jun 2021

Bankruptcy in family cases

If you file for bankruptcy, it could affect your spouse in various ways. Keshini Rajendra from Heald family law offers advice on the complex rules relating to bankruptcy.  If your partner is declared bankrupt, you need to know what will happen to any joint debts you have with them. You may also find that your home and belongings of value are affected. What happens to joint debts if your partner is bankrupt If your partner is made bankrupt, they’ll no longer be liable for any debts that you have jointly with them. However, you will still be liable for the full amounts. Your creditors could pursue you for payment of the full amount of any joint debts you have with your bankrupt partner. This is because when you take out a joint credit agreement, you both agree to be responsible for the full amount of the debt. This is called ‘joint..

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07th May 2021

Make a Will and help support Willen Hospice...

Local people are being invited to take advantage of a Will writing service this May as the Willen Hospice Will Month returns.  The charity has teamed up with solicitors and Will writing professionals to make this service available for anyone who would like to create a new Will or change an existing one. Throughout the whole of May they are offering to write Wills in return for a donation to the Hospice.  People have the choice to complete their Will in the comfort of their own homes by using the online service, or by booking a face to face appointment.   Lisa Kinrade, Legacy Fundraiser at Willen Hospice, said: “It’s never too early to write your Will, and if it’s been a task on your to-do list, Will Month gives you the perfect opportunity to tick it off. Your donation, no matter how big or small, will help us continue..

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16th Feb 2021

Domestic abuse during lockdown

Heald partner Abbie Howson reflects on domestic abuse during the national lockdowns, the impact it has on a family and how individuals can seek help National lockdowns have increased the danger for those who are being subjected to domestic abuse. Being forced to stay at home with abusers, being cut off from the respite of a separate working environment, and not having the freedom or privacy to call for help, may pose a huge threat to some. Children who are home from school, are now even more exposed to trauma as a result of witnessing verbal, psychological, physical, sexual, emotional or financial abuse at home.  In abusive households, there may potentially be a devastating combination of emotions brewing. There will be fear of the aggressor inside the home and anxiety about the virus outside of the home. Stress makes abusers even more volatile, while heightened privacy gives them a feeling..

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07th May 2020

Make a Will and support Willen Hospice

Local people are being invited to take advantage of a free Will writing service this May as Willen Hospice Will Month gets underway. Despite the challenges of Covid-19, organisers are delighted that nine legal firms have teamed up to support the charity by writing Wills in return for a donation. The service is available for anyone who would like to update their existing Will or create a new Will. Lisa Kinrade, Legacy Fundraiser at Willen Hospice, said “If writing a Will has been on your to-do list, then here is the perfect opportunity to get it done. Taking care of those close to you will be one of the most important things you’ll do, giving you peace of mind that your wishes will be carried out, if anything happens to you. “We would like to thank the solicitors who are taking part in our Will month, especially as they have..

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01st May 2019

Make a Will and support Willen Hospice

Local people are being invited to take advantage of a Will writing service this May as the Willen Hospice Will Month returns. Ten legal firms have teamed up to support the charity by writing Wills in return for a donation to the Hospice. The service is available for anyone who would like to create a new Will or change an existing one. Lisa Kinrade, Project and Partnership Development at Willen Hospice, said: “It’s never too early to write a Will and it is often on the ‘to-do’ list. If it’s something you still need to arrange, Will Month provides an ideal opportunity. Your donation, no matter how big or small, will help us deliver our promise to always be there to care. “We’d like to thank all the solicitors taking part for their incredible generosity in supporting Willen Hospice during Will Month.” Kathryn Thornewill from Franklins solicitors added: “Some people..

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31st Mar 2019

The infirm elderly can be very firm about what they want – even if it’s not what they need. Old...

MARY BANHAM-HALL and KESHINI RAJENDRA, Heald Solicitors ABBIE: “This is about the clash between keeping vulnerable elderly people safe – and their human right to freedom isn’t it?” MARY: “Yes, because so many elderly cannot realistically be free to do what they want, as they’d be a danger to themselves. If you live in 24/7 care, described as ‘Supported Independent Living’, the reality is that many residents are or become incapable of living independently.” ABBIE: “I expect many have Dementia and can’t go out alone. Some need cot sides on their beds to stop them falling out of bed and hurting themselves. There are countless ways the carers have to restrict their ‘liberty’ to do as they please – to keep them safe.” MARY: “I know a resident who got out and went back to his old home in the village. It had been sold, but he must have had..

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30th Oct 2018

Make a Will and support Willen Hospice

Local people are being invited to take advantage of a free will writing service during November as Willen Hospice Will Month returns. Eleven legal firms have teamed up to support the charity by writing Wills in return for a donation to the Hospice. The service is available for anyone who would like to create a new will or change an existing Will. Lisa Kinrade, Project and Partnership Development at Willen Hospice, said “Leaving a gift in your Will can really make a difference in helping support patient and family care at Willen Hospice. Your donation, no matter how big or small, will help us deliver our promise to always be there to care. “We’d like to thank all the solicitors taking part, for their incredible generosity in supporting Willen Hospice during Will Month.” The solicitors will also be on hand to discuss any legacies that people may wish to leave...

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24th Oct 2017

Legal eagles help out local centres

A team of more than 65 volunteers from local legal firm EMW Law in Knowlhill swapped their usual jobs for overalls last week when they spent a day sprucing up some of the council’s facilities for children, older people and people with learning difficulties. EMW's Real Estate team visited Petworth House in Great Holm, Whaddon Day Centre in Bletchley, Playzone Day Nursery at Hedgerows Family Centre in Netherfield and Windmill Children’s Centre in New Bradwell. The team building exercise saw them paint tired walls, improve outdoor areas, revamp seating, plant shrubs, and decorate and renovate areas to give them a new lease of life. The team provided new furniture, soft furnishings, plants and equipment to make the centres more homely and welcoming. They even turned their hands to baking to create afternoon tea for the residents of Petworth House. Aimee Barrable, Principal at EMW said: “It was easily the most..

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04th Jan 2017

Heald Solicitors Lobby Parliament for Family Law Reform

Mary: "The government is closing courts and virtually begging people not to litigate and fight in court, yet it won't reform our out-dated fault-based divorce law. It causes so much trouble, because people do not like being told it is their fault their marriage is over, because they have done X, Y and Z. Mostly they feel it is not their fault, someone else is to blame." Dawn: "Too right, people normally don't recognise themselves in a divorce petition and get furious and want to defend, which of course is an absolute no no." Mary: "Anyway, my M.P. Alistair Bur took the point, he was supportive of reform. I think Resolution's mass lobby may have some effect. Possibly. I’m not holding my breath." Dawn: "Besides it was fascinating to see the inside of Westminster, it is very impressive. Stained glass windows, massive paintings, oak everywhere, then daylight peeping through holes..

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