Losing a loved one is one of the hardest, most life-changing events that anyone can face. If that loved one was your partner and you were unmarried, then you were not previously entitled to any financial help from the state.
However, a case heard by the Supreme Court has changed this. Now, if you are a parent claiming child benefit, then you can put in a claim to the Government for Bereavement Support Payments, which are backdated to August 2018. The Martin Lewis programme aired in December 2023, highlighting the fact that many people are unaware that they can submit a claim and potentially receive a payment. However, swift action should be taken as the deadline for claims is 8thFebruary 2024.
To see if you are eligible, contact the bereavement payment claims online. The number can be found, alongside much more information, in this article from Martin Lewis himself. It costs nothing to make the claim, but you could potentially receive backdated payments that could be thousands of pounds.
It is always worth considering your situation as an unmarried couple, and here at Tinsdills we can help. If you feel you need advice, then please do not hesitate to contact us by calling 01782 983943.
Leading Law Firm celebrates huge win at legal industry’s largest Conveyancing Awards ceremony. Residential Property Director, Andrew Burrows scooped the top prize last night, 24th November 2022, at the prestigious LEAP Modern Law Conveyancing Awards Ceremony as he was named “Conveyancer of the Year”.
Fighting off stiff competition from National Conveyancers, Andrew’s dedication and commitment to his clients, colleagues and Firm saw him named Conveyancer of the Year 2022.
Awards of this nature are no small task and require demonstrable evidence of exceptional client care, commitment to service delivery and improvement as well as a stringent eye for detail. Up against a tough shortlist of nominees, Andrew’s work was scrutinised by a diverse and formidable panel of judges from a range of professional service areas. The panel took into consideration Andrew’s exceptional case load noting that “84.9% is gained from professional and personal referrals, recommendations and repeat clients”. Plus, his commitment to both clients and staff “often going above and beyond, working unsociable hours all whilst finding time to support and train aspiring conveyancers”.
Having worked in Conveyancing for over 30 years, Andrew Burrows has a long track record of providing outstanding Conveyancing services to clients as one of the most experienced Conveyancers in the area.
Commenting on this deserved achievement, Legal Director, Andrew Burrows says, “It’s a great honour to win the conveyancer of the year award. It’s tribute to the excellent team with whom I work, the outstanding way that the practice is managed and how the department is run, and the huge slice of luck that I have had over the last 30 years, being able to stand on the shoulders of the giants of the practice who have gone before us. This is never a 9-5 job, and I wouldn’t have achieved this without the support, understanding and patience from my wife and boys. I would also like to congratulate every winner on the night and those who were commended and shortlisted. I have dedicated this award to all of my fellow conveyancers, wherever they are.”
Head of Residential Property, Kelly Myatt comments further on Andrew’s achievements, “I can’t think of anyone more deserving of recognition at this level than Andrew. At Tinsdills, we believe it’s all about people, and for Andrew, the client always comes first, even throughout the Pandemic he ensured his clients were up to date via telephone and email and continuously ensured the transaction maintained its progression regardless of the difficulty. What is most impressive, is that even with such an extensive workload, Andrew is always contactable above and beyond normal working hours and still has all the time in the world to offer advice, answer questions and even help train aspiring conveyancers throughout their career. He is what any good Conveyancer aspires to be, and we are incredibly proud and grateful to have him as part of our team.”
The celebrations continued throughout the evening as Tinsdills Solicitors were also named runners up for the Client Care Award and Midlands Conveyancing Firm of the Year, receiving commendations in both categories.
These commendations are testament to Tinsdills’ commitment to client care. The Firm offers substantial training and development opportunities for staff ensuring that clients receive the service they expect and deserve, delivered by trained experts in their field.
Managing Director, Rebecca Medcalf comments on the Firm’s recognitions, “Our teams are dedicated to ensuring clients receive the right advice, in the right way for them. These commendations reaffirm that the processes we have in place, and the support we provide for clients are of an award-winning level. As a firm, we are incredibly proud of our teams who have always been winners in our eyes. From initial enquiries handled by our dedicated Client Service Advisors, through to completion with our expert Conveyancing teams, our staff work tirelessly to help clients achieve their goals. Now their efforts have been nationally recognised, and we couldn’t be prouder of their achievements.”
Many people are unaware that keeping their Will up to date is just as important as writing one. More often than not, Wills are written, stored in a safe place, and then forgotten about. However, if your Will does not reflect your current wishes or significant events have taken place since drafting the original Will, it may cause unnecessary contention between your loved ones following your passing.
Even if there has been no significant change to your circumstances, we recommend that you review your Will every five years, as changes to legislation and inheritance tax may impact the effectiveness of your Will. It is even more important to review your Will following any significant change in circumstance for you or the people mentioned in your Will, which can include the following:
If your financial situation significantly changes – you may wish to increase bequests left in your Will or reduce the amount left to beneficiaries to reflect your change in financial position.
If you have more children or grandchildren – you may want to ensure that all your children and grandchildren are included and not just those alive at the date of when your Will was written.
Family relationship breakdown.
If you get married/ enter a civil partnership – it is important to be aware that this will revoke any existing Will, unless prepared in contemplation of marriage.
Divorce or dissolution of a marriage/ civil partnership – in this instance, your Will is not revoked; however, your ex-spouse will be treated as though they had died when your divorce had been finalised. It is therefore important to determine whether you have made substitute provisions.
If you sell your property or move house – If your Will makes specific provision in relation to your property, this will need to be updated.
The cost of making a new Will is usually quite modest, and is money well spent to ensure your hard-earned estate goes exactly where you want it to.
If you have any further questions or wish to update your Will, please feel free to give us a call on 01782 652300 or email lawyers@tinsdills.co.uk to book an initial appointment with a member of our Wills, Trust and Probate team.
Minimum energy efficiency standards (‘MEES’) were introduced by the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 and will impact lease negotiations for non-domestic (commercial) private rented property across England and Wales; these regulations require commercial premises to have a minimum energy performance rating which will be demonstrated by an EPC (energy performance certificate).
How does this impact current lease negotiations?
Currently, the MEES regulations will only impact new lease negotiations for commercial premises as they prevent a Landlord from letting commercial premises, unless they have an EPC rating of ‘E’ or above. It is worth noting that new leases also include an existing lease which is being renewed.
It is therefore important to consider whether there is a valid EPC in place for the premises early on in the lease negotiations as, if the EPC does not meet the required standard, energy improvement works may need to be carried out to the premises. Alternatively, if the premises meets the criteria to be considered exempt from the MEES regulations, then the exemption will also need to be registered.
A Landlord will also need to consider the provisions of the lease in light of the regulations, for instance, how to protect the EPC rating when a Tenant is carrying out alterations, controlling the Tenant’s ability to obtain an EPC and rights of access to carry out energy improvement works in the future.
How will MEES impact existing leases?
It will soon be important for Landlords to consider their existing portfolio of commercial premises as from April 2023, Landlords who continue to let commercial premises below an EPC rating of ‘E’ or above will need to carry out energy improvement works.
If you are a Landlord with a large portfolio of commercial property this could be quite an undertaking to check whether each premises has a valid EPC at the required standard, it may also be a costly exercise updating the EPCs and carrying out energy improvement works, where necessary.
There may be some instances where the premises qualifies for an exemption from the MEES regulations, but any exemption will need to be registered.
Who will be responsible for the cost of improvement works?
The MEES regulations place a statutory burden on Landlords to carry out energy improvement works. However, the terms of any existing or proposed lease would need to be examined to check whether the lease passes this burden on to a Tenant.
If you are seeking advice and further information on reviewing your Commercial Leases, we have a team of solicitors who have a wealth of experience in dealing with a variety of clients. Our proactive approach, individual skills and team ethic allow us to deliver creative solutions, seamless service and tailored advice even when the pressure is on. Get in touch to find out how our Commercial Property Team can help you.
It is common for a lease to include an option for one or both parties to end the lease prior to the contractual expiry date. This is known as a ‘break clause’.
The lease will indicate whether the break clause is in favour of the landlord, the tenant, or both.
Typically, a break clause is exercisable by a tenant either on a fixed date specified in the lease, at any time on or after a fixed date as specified in the lease or upon a certain event occurring.
Many break clauses also contain pre-conditions such as stating that there must be no rent arrears and that the property must be returned with vacant possession.
Although the above may appear to be relatively straight forward, there have been a couple of recent cases which help to demonstrate that care must be taken when drafting and understanding break clauses.
In 2015 the High Court decision in BNP Paribas Securities Services Trust Company (Jersey) Limited V Marks & Spencer PLC confirmed that rent paid which related to a period beyond the break date did not need to be refunded to a tenant (in this case Marks & Spencer) because the lease did not contain an express provision requiring that to happen. The refund sought by Marks & Spencer, which the landlord was able to keep, was over £1.1m!
In 2011 the Court of Appeal decision in Ibrend Estates BV v NYK Logistics held that vacant possession means that the property should be empty of people and that any buyer must be able to assume and enjoy immediate and exclusive possession, occupation and control of the property. In this case NYK had retained security at the property and carried out some repair work after the break date. The court held that vacant possession hadnotbeen given.
It is important that any break clause is carefully drafted to ensure that it reflects the intentions of both the landlord and tenant. If a party wishes to exercise a break option, they must ensure that any conditions are satisfied to provide for valid notice.
If you are a landlord or tenant and you wish to obtain advice in relation to the break clauses or any other lease terms, please contact our Commercial Property Team via our online contact form or by telephone on 01782 262031.
Insurance companies say that the cost of car insurance policies increase year on year due mainly to the amount of personal injury claims made following road accidents.
The insurance industry have asked the Government for quite some time for changes to be made to tackle this. In 2013, substantial changes were made, which, amongst other things, limited the costs that could be claimed in personal injury claims, resulting in huge savings to insurance companies and their shareholders. However, despite these savings, most did not see a deduction to their insurance premiums.
Insurers understandably remained unhappy following the 2013 changes and pushed for even further reform. Now we are about to see arguably the biggest changes come into force, and you may not even be aware. These changes will fundamentally affect how and what you can claim for following a road traffic accident.
If you sustain a whiplash injury following an accident that takes place on or after 31st May 2021, the introduction of the Whiplash Injuries Regulations 2021 will mean that the level of compensation you receive will be capped in line with the tariffs contained within the Regulations. So what does this mean for you? By way of example, a whiplash injury lasting 3-6 months will likely attract a figure of £495 which is approximately a quarter of the sum that would probably have been awarded if the accident had occurred before the end of May 2021.
Furthermore, those bringing a claim for whiplash following a road traffic accident with a value of under £5,000 for their injuries will not be entitled to payment of their legal fees from the other parties’ insurers. This means that you will have to pay your solicitor to represent you in these claims or take on the well-funded insurer alone.
However, there are some exceptions to the new compensation amounts. Cases made by “vulnerable road users” will not fall within the reforms. This includes those who were injured whilst: –
using a motorcycle;
a pillion passenger on, or a passenger in a sidecar attached to, a motorcycle;
using a wheelchair, a powered wheelchair or a mobility scooter;
using a bicycle or other pedal cycle;
riding a horse; or
a pedestrian;
Chances are, you probably will not have heard about these reforms nor will come across them unless you have a road traffic accident after 31 May 2021, and whatever the fairness or merits of these reforms, they fundamentally affect all road traffic accidents and are here to stay.
If you would like more information regarding these reforms, or wish to speak to our expert Personal Injury Solicitors regarding a potential road traffic accident compensation claim, speak to one of our advisors on 01782 956363.
With lockdown restrictions gradually easing, the roadmap means that we can hopefully regain our “me time” and get our roots touched up, eyebrows threaded, a manicure and maybe even a tattoo or new piercing.
The last thing any of us want after not being able to have beauty treatments for so long is a regret of why did something go wrong and deal with the impact it will have on your appearance and in turn your confidence.
When you have your hair coloured, any reputable salon will arrange for a patch test or strand test if it is your first time with them, or if they change the products they use. This is usually done 24 hours before your appointment to ensure that the product is compatible with you. We have seen several clients who have unfortunately attended the salon and not had tests taken and this has resulted in not only damage to the hair and scalp; but also hair loss.
Damaged hair cannot always be repaired with deep conditioning or a hair mask, and unfortunately, a lot of clients simply had to allow the damage to “grow out”, and new hair growth to come in for the condition of the hair to be back to how it was. On average, your hair grows about ½ an inch each month meaning that it can take years before you achieve the hair you want.
Remember; always check out reviews for any new salon or parlour you have not been to before. If you are having your hair coloured for the first time at a salon, and you are not asked to have a patch or strand test, this should ring alarm bells to you. Consider going elsewhere or wait for your own stylist to be available rather than attending a sooner appointment that you may later regret.
When attending for a tattoo or piercing, the piercer or tattooist should hold a licence to carry out such business, a certificate issued by the Council. These should be clearly on display, and if they do not have such a certificate, you should question why and maybe walk away.
It is advisable to ask the piercer or tattooist about the risks of infection with performing the procedure and obtain clear aftercare advice. For example, helix piercings (those to ‘cartilaginous’ fibres) whilst infection is not necessarily more likely to occur, an infection here compared to the ear lobe is more difficult to treat and may cause severe scarring and permanent deformity.
So, be vigilant!
At Tinsdills we have a vast amount of experience supporting our clients with beauty salon negligence issues, and if you feel that you have received substandard care during a beauty treatment, contact us to see how we can assist you on 01782 652363.
A trust is created when assets are transferred to other parties to hold and safeguard for the benefit of others. There are a number of different types of trust but this guide deals only with discretionary trusts.
The main parties involved with a trust are as follows:
Settlor
This is the person who establishes the trust and transfers the assets into the trust. This can be done during the Settlor’s lifetime through establishing a Trust Deed, or upon the Settler’s death through a Will.
Trustees
Trusts are typically administered by between 1 and 4 trustees who are initially chosen by the Settlor. The trustees hold the trust assets, decide on distributions of income and/or capital to the potential beneficiaries, and they are also responsible for the management of the trust assets, record and account keeping and tax compliance. The trustees must act within the terms of the trust, as set out in the Trust Deed, and should act impartially.
In a discretionary trust, the trustees have significant responsibility attached to their role and therefore great care should be taken in selecting trustees to ensure that they will carry out their duties correctly and with integrity.
Modern trust and tax law can be complex, and many people are reluctant to become involved in decisions that require not only a technical understanding, but also an independent detachment from family dynamics, and this means that independent or professional trustees are often chosen.
The trustees are often guided by a Letter of Wishes left by the Settlor of the trust to give some guidance about the objectives the Settlor had in mind when establishing the trust, and some principles to apply to the exercise of their discretion. The trustees are not bound by this Letter of Wishes and are able to exercise their discretion as circumstances require.
Beneficiaries
In a discretionary trust, no beneficiary has any right to a particular share of the trust fund. Instead, the Settlor creates a class of potential beneficiaries who can benefit from the trust, and it is up to the trustees to decide which beneficiaries receive funds from the trust, how much and when.
A discretionary trust can provide flexibility, control and protection from a variety of potential third party threats to beneficiaries, for example, poor decision making, relationship breakdown, financial difficulties, premature death and undue influence from third parties.
Inheritance Tax
Discretionary trusts come within the HMRC definition of “Relevant Property Trusts” which means that they are subject to inheritance tax, even during the Settlor’s lifetime.
A gift into a discretionary trust, when added to any previous gifts in relevant property trusts, that exceeds the nil rate band (currently £325,000.00) will cause an immediate charge to inheritance tax on the excess over the nil rate band. The charge is 20% if the tax is paid by the trustees of the trust or 25% if paid by the Settlor.
Once the value of the discretionary trust is in excess of the nil rate band then the trust is also subject to 10 year anniversary charges. The trust assets would be valued on the 10 year anniversary and a tax charge of a maximum rate of 6% of the trust is levied on the value over the nil rate band.
There can also be time apportioned “exit” charges on capital distributed out of the trust, again when the value is in excess of the nil rate band.
Due to the complexity of the tax regime that relates to trusts, we strongly recommend that you seek accountancy advice and assistance when dealing with a trust.
Income Tax and Capital Gains Tax
The trustees are responsible for paying any tax payable on income that is received by the discretionary trust. The discretionary trust pays income tax at the additional rate of 45% (38.1% for dividend income) once the standard rate of £1,000.00 of income has been exceeded. Any income falling within the standard rate band of £1,000.00 is taxed at the basic rate of 20% (or 7.5% for dividend income).
Any income that is distributed to beneficiaries carries a 45% tax credit and some or all of it may be available for a tax reclaim by the beneficiary.
The trustees may also have to pay capital gains tax if they make a chargeable disposal of trust assets.
Discretionary trusts have an annual exemption for capital gains tax, however this is usually capped at 50% of the capital gains tax allowance for an individual.
Changing Trustees and adding Beneficiaries
When setting up the trust, the Settlor will normally retain the ability to decide how changes to the trustees are dealt with, and also whether beneficiaries can be added or removed.
Each Settlor will reach their own conclusions as to the best way of setting up their trust. It is quite common for the Settlor of the trust to retain the ability to appoint additional trustees during their lifetime, and also add or remove potential beneficiaries from the trust. After the death of the Settlor, the trustees will usually have the power to appoint new trustees, but they may or may not be given the power to add and remove beneficiaries.
The detail in relation to these questions will be decided by the Settlor and will be contained within the trust deed itself.
The Probate Registry is the court body that deals with Grants of Probate and Letters of Administration (collectively called Grants of Representation), which are required in most cases for dealing with the assets and liabilities of someone who has died. The process to apply for a Grant of Representation has recently gone through a number of significant changes.
Until relatively recently applications were made by submitting a sworn statement called an Oath, but this process was replaced in November 2018 by a two page Statement of Truth (that contained broadly the same information as the Oath), which must be signed by the executors or administrators and sent to the Probate Registry alongside the relevant Inheritance Tax forms.
Further change was brought into effect in April 2020 with the introduction of a 23-page application form in place of the two page Statement of Truth. The need for a new form, and the level of information contained in the form was both questioned and criticised by professionals, given the time and cost burden this would have when administering an estate.
In the wake of the coronavirus pandemic, yet more changes to the applications have been introduced, in what appears to be an attempt to centralise the system before eventually adopting a completely online application process.
One of the major concerns legal professionals faced at the start of the pandemic was the obtaining of ‘wet signatures’ for Grant applications, whilst still maintaining social distancing. In response to this, the Probate Registry allowed the temporary acceptance of electronic signatures on the new application forms, which was a welcome announcement for professionals keen to ensure that applications could continue to be submitted during the COVID-19 pandemic, without unreasonable delays.
Shortly after the introduction of the new forms, it was announced that there would be a move to online applications, and in November 2020 it became mandatory for professionals to submit probate applications online, unless certain criteria were met. The Law Society, who regulates solicitors in England and Wales, advised against the government making the online process mandatory until there were assurances that the online systems worked effectively, and sufficient guidance had been released to assist in situations where the system could not be effectively used. Whilst literature was released on the use of the online process, the advice of the Law Society appears to have been largely ignored and unfortunately, practitioners attempting to use the new system faced a number of teething problems, resulting in the applications becoming more time consuming to complete, and causing delays to clients.
Rather frustratingly, the online application process did away with the recently introduced forms, and instead produced a two page Legal Statement, not dissimilar to the previous Statement of Truth, to be signed by the executors and sent in to the Probate Registry alongside the Inheritance Tax forms. Given all documents still needed to be sent in their paper form to the Probate Registry, the question of whether there is in fact a benefit to the new system is one many professionals are asking. From the point of view of the legal professional, the process seems to add to the workload, for the same end result.
Although there have been issues with the online process, as the dust settles and some of the initial problems are ironed out, it is a welcome relief that online applications for Grants of Representation are now being processed faster than at any point since the changes started to be introduced. While, for the sake of clients and their families, we hope that the change to online probate applications will result in a permanent reduction in the time it takes to receive the Grants, it remains to be seen how the new process will cope as more online applications are submitted.
Title Indemnity Policies (also known as defective title cover or legal indemnity cover) are often used during the conveyancing process where a title defect is found with the property. A title is considered to be defective where there is a potential for a third party to establish a right or interest in the property which could either have a negative effect on the title or result in the owner losing the title of the property altogether. This can include anything from an absence of planning permission for any work carried out on the property, missing or lost title documents, a breach of a restrictive covenant to a lack of formal rights of access to the property.
In appropriate circumstances, an indemnity policy can often be the most cost-effective and efficient way to deal with a title defect. It is a low-cost resolution that does not result in any delay, any adjustment in sale price or prejudice. The policy will protect the owner of the property (and the lender, if applicable) from the cost of defending any litigation, should a claim or enforcement be attempted.
The policy will become effective after the payment of a one-off premium. The premium will usually be calculated based on the value of the property and the nature of the defect. Another benefit of using an indemnity policy is that they are usually automatically transferred to any future owners of the property and their lenders.
Although indemnity policies are commonplace in many conveyancing transactions, there are a few things worth considering before proceeding.
Title indemnity policies do not remedy the title defect itself. Indemnity policies only deal with defending enforcements.
If a potential claimant under the indemnity policy is notified of the title defect, this will most likely result in the policy being invalid. For example, if the property has been altered without planning permission, no contact with the local authority should be made in order for the policy to remain valid.
The policy used will cover the property in its current position when the policy is purchased. It will not apply to any title defects that arise after the policy is purchased, even if they come under the criteria of the policy. It may be possible, however, to purchase another indemnity policy for this title defect.
If you wish to find out any more information regarding title indemnity policies or how one of our experienced Property Solicitors can assist you further, please contact our Client Service Advisors.
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