Category Archive: Latest News

1. A Guide to Lasting Powers of Attorney

   April 15, 2019 11:37 am Leave a Comment

   [vc_row][vc_column][vc_column_text]We all hope to live out our days in relatively good health and independence. However, we also know that this isn’t guaranteed. If you become incapable of managing your own affairs due to ill health, you need to ensure that you have appointed somebody trustworthy to manage your affairs on your behalf. This Lasting Power of Attorney guide will help you towards doing exactly that.

   It is always preferable that you decide who makes decisions for you in the event that you become incapable to make those decisions yourself later down the line. This is known as creating Lasting Powers of Attorney (LPA).

   What is a Lasting Power of Attorney?

   A Lasting Power of Attorney (LPA) is a document by which you can give another person or persons the authority to act/make decisions on your behalf if you are no longer able to do so.

   What are the different types of LPA?

   There are two types of LPA, one for property and financial affairs, and another for health and welfare. You can create an LPA for either one or both of these categories.

   Property and Financial Matters: this type of LPA allows your Attorney(s) to deal with your financial affairs including decisions on:

   • Buying or selling property
   • Property management
   • Opening and closing bank accounts and investments
   • Receiving your income to use on your behalf
   • Paying your bills (including income tax)
   • Making investment decisions

   Health and Welfare: this type of LPA allows your Attorney(s) to make decisions on your behalf about your health and welfare including:

   • Your day-to-day care, including diet and dress
   • Who you have contact with
   • Consenting to, or refusing, medical treatment
   • Assessments for the provision of care
   • Participation in social or leisure activities

   How to make an LPA

   Making an LPA is relatively straightforward, as each type of LPA is made using a specific form. The form itself is simple to fill out, but before you complete the form it is imperative that you have taken the time to carefully consider the following:

   • Who you wish to act as your Attorneys
   • Do you want to specify any guidance or instructions about how your Attorneys act for you?
   • If appointing more than one Attorney, how will decisions be made?
   • Do you wish to appoint replacement Attorneys in case one or more of your Attorneys can’t act for you?
   • People you wish to notify before your LPA is registered
   • Who will act as your Certificate Provider (an impartial person who is qualified to provide a certificate for the LPA)

   Finally, once you have carefully considered the above, your LPA must be correctly signed and witnessed by all parties and then registered at the Office of the Public Guardian before your Attorneys can use it.

   Who to appoint as Attorneys

   An Attorney should be someone who is trustworthy, competent and reliable and they should have the skills to carry out the necessary tasks.

   Attorneys can be appointed to act on their own, jointly with other Attorneys, or jointly and separately with other Attorneys (which means that they can act both independently or together). Attorneys can also be appointed jointly for some matters, as well as jointly and separately for others.

   If you appoint more than one Attorney then you will need to think about their ability to work together, and also practical considerations like where the Attorneys live and how they are able to deal with the practical side of making decisions and managing your affairs.

   If our Lasting Power of Attorney Guide has not answered all of your questions, feel free to give us a call on 01782 652300 or email lawyers@tinsdills.co.uk today.[/vc_column_text][/vc_column][/vc_row]

2. How to Remove a Name from a Title Deed

   February 7, 2019 10:26 am Leave a Comment

   [vc_row][vc_column][vc_raw_html css=”.vc_custom_1583256483862{background-color: #ffffff !important;}”]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[/vc_raw_html][vc_separator][vc_column_text]There are several reasons why you might need to know how to remove a name from a title deed for a property, and each situation calls for various courses of action, which are listed below.

   Here we will detail the process of removing a name from a title deed in the most straightforward circumstances, before detailing amendments in accordance with common complications.

   The process of removing a name from a title deed is called a transfer, of which there are three main types:

   • A gift of no consideration: This means that the previous owner signs over their share of their property with no expected benefits i.e. no money changes hands.

    

   • The removal of a name following death.

    

   • A transfer 2-1 with or without a mortgage: Where there is a mortgage or financial consideration involved, lender approval must be sought or a new mortgage put in place in the name of whichever party is retaining the property.

   The Steps – Acting on behalf of the person remaining on the title deed (2-1 Transfer)

   

   Other Considerations

   There are a few things that you’ll need to consider when attempting to remove a name from a title deed. These are:

   Matrimonial advice

   The transfer doesn’t mean that the person being removed from the deeds to the house can’t claim on a divorce.

   Insolvency advice

   If the transfer is to avoid a property being given to creditors in the case of bankruptcy, this can be set aside by trustees in the bankruptcy.

   Leasehold properties

   You may need the Freeholder to consent to the transfer.

   Short ownership

   If the property has been owned less than 6 months and there will be a new mortgage on the property, your lender will need to approve this.

   Stamp duty land tax

   Stamp Duty may be payable under some circumstances.

   If the transfer is a gift for no consideration, which can mean that the transfer works as a gift from parents to children, you’ll need to consider the following things:

   • Whether the transfer is consistent with wills/tax advice/financial advice.
   • Your rights to continuing occupation, and associated costs.
   • Any nursing home/care fees.

   Similarly, if the transfer is the removal of a name following death, you’ll need to be aware of the following processes:

   Property owned jointly

   You will need to make an application at the Land Registry to remove the name. The application will need to be supported by a copy of the death certificate.

   Property owned in common

   You may need to appoint trustees and take out a grant of probate.

   How We Can Help?

   At Tinsdills Solicitors, we specialise in simplifying the process so that you can complete the transfer in full confidence, knowing that every box is ticked and you’re fully aware of what’s happening in every aspect of the journey.

   If you require help regarding removing a name from a title deed, feel free to get in touch with us. You can give us a call on 01782 652300. Alternatively, you can drop us an email at lawyers@tinsdills.co.uk.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][/vc_column][/vc_row]

3. 10 Things You Need to Know About Pre-Nuptial Agreements

   January 10, 2019 11:08 am Leave a Comment

   [vc_row][vc_column][vc_column_text]Sometimes in a marriage, one party possesses more than the other in terms of wealth or assets. Should these assets be acquired prior to the marriage, then one party may wish to take precautions to protect these assets should the marriage fail. This is possible with a Pre-Nuptial Agreement, which is a formal contract between a couple that sets out for division of their assets in the event of a divorce/separation.

   The document is signed before the couple marry and is usually a document entered into by couples who have a particularly uneven distribution of wealth. As pre-nups are becoming an increasingly popular agreement made by couples, we’ve outlined the main things that you need to know about them.

   1. Pre-Nuptial Agreements are not just for the rich and famous. There is a perception that pre-nups are a precaution reserved for A-listers and people with huge amounts of wealth. Actually, they’re becoming increasingly popular as a ‘good sense’ move before tying the knot.

   2. Best practice requires that both parties have their own solicitor, and they need to fully disclose their assets from the get-go.

   3. The agreement has to be freely entered into in order that there be as much choice as possible.

   4. Another criteria for a pre-nup to stand is that full and frank disclosure has to be given by both parties – nothing can be hidden! You must disclose your full position to both your solicitor and your spouse, and this should be ideally recorded for both parties in an appendix to the agreement.

   5. The timing of entering into the agreement should be considered, so think ahead. Suggesting a pre-nup too late in the day – i.e., a week before you’re scheduled to wed, is not a great idea. There should be a period of at least three weeks between signing the agreement and the date of the marriage.

   6. You should implement a review clause in the agreement.

   7. It is not possible to oust the jurisdiction of the family Court.

   8. Pre-nups aren’t the only way to protect your assets; Post nuptial agreements are an alternative way to protect your assets in the event of marriage breakdown.

   9. Pre-nups are still not automatically binding in England or Wales, though recently courts have been more willing to attach weight to them if the steps as set out above are taken.

   10. Any perceived unfairness within the agreement can still be addressed by the Court. However, as long as the circumstances and the nature of your pre-nup are fair within the eyes of the court, your pre-nup is a great way to add clarity to the division of your assets.

   In short, pre-nuptial agreements may seem daunting, and appear an awkward subject to approach. However, when they are executed properly and fairly, they may assist in times of marriage breakdown and help to ease all the stress that can bring.

   If you are seeking further legal advice on pre-nuptial agreements or divorce proceedings, feel free to get in touch by calling us on 01782 65230. Alternatively, you can drop us an email at lawyers@tinsdills.co.uk.[/vc_column_text][/vc_column][/vc_row]

4. The Dispute Resolution Process Explained

   January 3, 2019 3:47 pm Leave a Comment

   [vc_row][vc_column][vc_column_text]The dispute resolution process can be stressful and sensitive to tackle. A dispute, by its very nature, involves disagreement and potential conflict. This how-to guide is designed to explain, in as simple terms as possible, the different potential pathways and steps one can take in cases of dispute resolution. If you come out the other end of this piece with a greater understanding of the process, then our work here is done!

   Before we get into specifics, here are a couple of key points to keep in mind:

   • Whilst many assume that resolving disputes means going to court if an agreement cannot be reached between themselves, this is not in fact 100% true. There are alternative options.
   • Current statistics show that over 90% of cases issued at court proceed to settle before reaching a trial.

   What is Litigation?

   Litigation is a term many are familiar with but may not really understand. Put simply, litigation is the process by which a claim is pursued through county court or the High Court, in accordance with the Civil Procedure Rules. This results in a trial, at which the judge will make a decision on whether the claimant has made out the claim in question.

   It is a very costly process. The average cost of pursuing a claim to a contested trial is around five figures, often taking upwards of a year to be completed. The quality of the judges in these cases can vary, and the relevant parties involved have absolutely no control over who hears their case at trial. A fee must be paid as the claim is initially issued, and a further fee is then paid prior to the case going to trial. Typically, the losing party has to pay the other person’s legal costs.

   All in all, it can be an expensive, unpredictable and painstaking process. Luckily for all involved, there are alternative routes to take.

   What is ADR?

   Over the past two decades, the courts have been actively encouraging parties involved in these disputes to consider forms of alternative resolution (ADR). This relates to both before issuing proceedings, as well as after court proceedings have begun. In fact, the court rules state that parties are now required to do so. This leads us directly into mediation…

   What is Mediation?

   The most common ADR option is Mediation. This involves the parties involved mutually agreeing to the joint appointment of a neutral specialist mediator. The neutral mediator then attempts to assist in bringing the dispute to a resolution through the process of negotiation between parties. The appointed mediator does not under any circumstances make a decision on who is right or wrong, but rather they help the parties to come to their own settlement.

   There exists case law from the courts that has held parties responsible for unreasonably refusing mediation in a dispute, leading to said party being refused recovery of some or all of their legal costs – sometimes even if they win at trial. If there is good reason for mediation, it should definitely be considered.

   Other Forms of ADR

   Another ADR option is Expert Determination. This refers to a binding decision made by an expert in the area of dispute, appointed with the agreement of both parties, who both agree to be bound by the expert’s ultimate decision. Whilst some may shy away from a perceived lack of flexibility in this particular ADR, it also stands as an attractive option for those looking to cut down time spent on a dispute and get the matter dealt with.

   Early Neutral Evaluation (ENE) is a form of ADR that has become increasingly popular in recent years. In the case of an ENE, a neutral and independent evaluator is appointed by both parties in order to make an assessment (or “evaluation”) of the merits in the cases of all parties involved. The evaluator is then to give an authoritative (but provisional) viewpoint on the issues central to the case. Along with this, he or she will provide an experienced evaluation of the strength of the evidence that will be used in an attempt to address the legal issues at hand. This evaluation may then go on to be utilised as the foundation for settlement negotiations.

   Ultimately, all of these forms of ADRs may be considered by some to be smoother pathways to dispute resolution, less fraught with potentially very considerable legal costs and much more likely to produce settlement agreements in the long run – leading to less hassle going forwards.

   Arbitration

   Arbitration was initially considered to be a ‘cheaper and faster’ alternative to litigation. The central difference with arbitration is that parties appoint their own arbitrator, and they also have the complete freedom to decide on the procedural rules the arbitration will take place under. As is standard, the parties involved pay the arbitrator’s costs. Another significant advantage to this option is its confidentiality. Unlike litigation, which takes place in open court and in front of the public, arbitration is 100% confidential.

   Whilst arbitration has come to resemble litigation more and more over the years (it is no longer necessarily cheaper or quicker), its confidential and flexible nature still make it an attractive prospect for certain business sectors.

   By this point, you should have a much clearer idea of your options and the wider dispute resolution process. In cases of disputes where it is possible, ADR is almost always the better option. Exactly which one depends on the nature of the case and your own personal circumstances.

   If you are looking for legal advice regarding a dispute resolution issue, feel free to contact one of our experts on 01782 652300.

   [/vc_column_text][/vc_column][/vc_row]

5. Gift Cards for Christmas: What Happens if a Retailer Goes Bust?

   December 20, 2018 1:24 pm Leave a Comment

   [vc_row][vc_column][vc_column_text]What do you get for that difficult-to-buy-for family member at Christmas? We’ve all been there, and chances are a fair number of us have ended up buying some sort of store gift voucher. It’s a simple but useful option that everyone appreciates!

   Against the backdrop of reports of some high street retailers going through difficult times, it’s worth bearing in mind that if the retailer whose gift vouchers you have bought ends up in insolvency, administrators routinely refuse to honour the vouchers. Instead the voucher holders are treated as if they are unsecured creditors of the company. In practice, this means that they will receive only pennies in the pound, if anything at all. This happened most recently a few months back when House of Fraser went into administration.

   The problem can also extend beyond gift vouchers to goods which have been purchased online and paid for, but which have not been delivered at the time the retailer enters administration. In legal terms, “property” in the goods has not yet passed from the retailer to the buyer – it does so at the point of delivery – and so the administrators are entitled to say that the goods still belong to the company.

   So, can anything be done to reduce the risk?

   The most obvious step is for the recipient to use the vouchers sooner rather than later, minimising the risk of the retailer becoming insolvent.

   However, there is another method that can be used in higher value purchases. If the present-giver has used a credit card to purchase the vouchers, the Consumer Credit Act 1974 provides a degree of protection where goods have been ordered and paid for, but which are not delivered. As long as the transaction value was between £100 and £30,000, the card issuer would be required to refund pre-payments.

   Additionally, Visa and MasterCard both operate card schemes which provide that in circumstances where goods have been ordered and paid for but the retailer goes into administration before they are delivered, the payment debited to the card holder will be charged back and refunded. In this case, there is no minimum transaction value.

   Ultimately, if you really are stuck on what to get that person who is a nightmare to buy for, the easiest way to minimise risk is to pay using a credit card rather than cash.

   If you are seeking further advice on an issue with gift vouchers or cards this Christmas, or if you need help with any of the other legal issues we cover, then feel free to get in touch. You can call us on 01782 652300. You can also drop us an email at lawyers@tinsdills.co.uk. [/vc_column_text][/vc_column][/vc_row]

6. How Well Do You Know Our Leek Office?

   May 11, 2018 11:07 am Leave a Comment

   [vc_row][vc_column][vc_column_text]With a strong rooted relationship and presence in the Leek area, Tinsdills Solicitors has been around since 1580. But how well do you actually know our Leek office?

   Typically we are well known for Wills, Trusts & Probate and Residential Property. Individuals associated with these types of work are Peter Hamilton, Managing Director and Head of the Wills, Trusts & Probate Department, with Emma Marrow working alongside him as a highly experienced and well established Paralegal. Together they can provide all related services, from making a straightforward Will through to complex Estate matters.

   Likewise, in looking after your Residential Property requirements we actually have two dedicated Conveyancing teams based at our Leek office. One of these is headed up by Andrew Burrows, Residential Solicitor and Director, and the other by Sam Sharratt, Residential Legal Executive; both of which offer an extensive range of conveyancing services.

   Our Leek Office boasts an impressively strong and experienced team handling Commercial Property & Agricultural related legal services. Sara Pickerin, who has worked for Tinsdills since 2002, returned from maternity leave last summer to join forces with Kelly Myatt who has worked for Tinsdills since 2006. Their combined expertise and experience should leave you safe in the knowledge that you are in safe hands. They can offer expert assistance in all aspects of Agricultural Law and Commercial Property, from sales and purchases through to complex development work. For more information call them on 01538 399199.

   We also have Karen Wilson, our Family Solicitor, available to see clients at the Leek office, covering all aspects from divorce and child matters to civil partnerships and name changes – to name just a few.

   You can also arrange appointments to speak to our specialist expert solicitors regarding Company and Commercial matters, Dispute Resolution, Personal Injury Claims and Employment Law.

   At the end of last year our Leek office underwent a moderate refurbishment, helping to modernise the historic building without losing its charm. We are delighted to continue to grow our expert teams and reaffirm our commitment to providing services to Leek and the surrounding area.

   To find out more or to book an appointment at our Leek office call us on 01538 399199.[/vc_column_text][/vc_column][/vc_row]

7. Misrepresentation in Car Sales

   March 6, 2018 10:57 am Leave a Comment

   [vc_row][vc_column][vc_column_text]Buying a new car. We’ve all been there.

   You have spent days, even weeks searching for the perfect car; that sports model you’ve always dreamed of or that 4×4 for family outings. For most of us the process is smooth and easy, you pick up your keys to your new dream car and leave the forecourt ready to take on the world.

   But what happens to those who buy their dream car and it is not quite as it seemed?

   Clients often come to us asking what rights they have when the car they purchased does not work as they expected, or it doesn’t quite work as it was described by the seller. This is often followed by ‘Can I force the seller to take their car back and get a refund?’

   Unfortunately, as with so many other legal questions, the answer is ‘it depends.’

   So let’s take a step back and clarify. Firstly we need to look at what the law says.

   The relevant legislation is the Misrepresentation Act 1967, which states that:

   Where someone enters into a contract and relies on a statement of fact made by the other party, and that statement turns out to be false (a misrepresentation), the remedies the court can give will depend on whether the misrepresentation was innocent, negligent or fraudulent.

   In all cases the innocent party may seek rescission* (having the contract set aside and the parties restored to their original position prior to entering into the contract). Furthermore in cases of negligent or fraudulent misrepresentations the innocent party may seek damages instead of or in addition to rescission.

   

   NB *it is down to the courts discretion to rescind the contract and will depend on a number of circumstances. The court will not rescind the contract if:-

   • The contract has been affirmed by the innocent party (in other words, they have acted in such a way to show an intention to retain the vehicle and the contract as remaining in place)
   • Third party rights have intervened
   • There has been an excessive delay in bringing a claim
   • The subject of the contract cannot be restored, making it impossible to restore the parties to their original positions.

   This is the reason why if you ask a lawyer whether you are entitled to a refund after something turns out not to be as described, the answer is always likely to depend on individual circumstances.

   To put all of this into context:

   A relatively recent case decided by the Court of Appeal in 2015 called Salt v Stratstone Specialist Limited T/A Stratstone Cadillac Newcastle has gone some way towards clarifying the law in this area.

   Mr Salt purchased a car in September 2007 following the Cadillac dealer’s representation that the car was “brand new.” In fact, although the car had never been registered, it was two years old, had various repairs prior to purchase and had also been damaged in a collision.

   The car had numerous defects which came to light after the purchase. Some of these were repaired, but in September 2008 Mr Salt tried to reject the vehicle and asked for his money back. The defendant refused, so in March 2009 Mr Salt issued court proceedings.

   Mr Salt pleaded misrepresentation and sought rescission of the contract.

   Initially it was decided that the contract could not be rescinded as the car was a depreciating asset and the delay in initiating court proceedings disadvantaged the dealer.

   The Court of Appeal disagreed, finding that neither depreciation nor intermittent enjoyment should be regarded as a reason for finding that the contract could not be set aside.

   On the facts in this case, the court found that the absence of evidence about depreciation or the value of the use of the car should not operate to the disadvantage of the claimant, who should never have been put in the situation of having a troublesome old car rather than a brand new one.

   What can we take from all of this?

   In general terms, it strengthens the position of the buyer in insisting that the seller should unwind the contract and repay the purchase price.

   So, if you should ever find yourself in the same position as the unfortunate Mr Salt, do not delay in seeking assistance in pursuing a claim. If the court is satisfied that the seller made statements of fact that turned out to be untrue, and you relied upon those statements in deciding to make the purchase, you may well be entitled to a refund.

   The longer you leave before notifying the claim and, if necessary, commencing court proceedings, the more likely it is that the court will exercise its discretion not to rescind the contract but instead to make an award of damages.

   If you would like advice on a dispute of this type, or any other commercial dispute, please contact our team on 01782 983944[/vc_column_text][/vc_column][/vc_row]

8. Tinsdills Celebrate Another Award Success

   February 16, 2018 12:14 pm Leave a Comment

   Last night, 15^th February 2018, saw Tinsdills Solicitors add another award to its portfolio as it was presented with the Employer of the Year Award at the annual Performance Through People Achievement Awards Ceremony, held at The Village Hotel in Walsall.

   Tinsdills have worked with PTP training for a number of years and the partnership has resulted in a number of apprentices successfully completing their training in a variety of areas, including Business Administration, Customer Service and Team Leading. This has allowed them to then successfully progress their careers throughout the Company.

   Jane Massey, HR manager said “I am thrilled that we were awarded Employer of the Year. We have worked with Performance Through People over the past few years to train several of our Apprentices and Admin Staff. All the Apprentices who have completed training programmes with PTP have passed with flying colours and we are delighted that their hard work and the support that they have been given both by PTP and their work colleagues has been recognised in this award.”

   The award demonstrates Tinsdills’ commitment to training and development, which has always been at the forefront of company policy, and is evidenced by Tinsdills retaining their ‘Investors in People’ accreditation for over 10 years.

   Tim Cogan, Managing Director said “I am immensely proud of what our Company has achieved in providing our Apprentices with the opportunity to work and gain experience within the legal sector, and then to continue developing their career after successfully completing their apprenticeships.”

   

   Pictured above is Jane Massey HR Manager, Tim Cogan Managing Director and Sue Shallcross PTP Support Trainer.

   PTP Training have been providing high quality training throughout the Midlands to various companies for over forty years and have been graded ‘Outstanding’ by Ofsted for their partnership engagement.

   https://ptp-training.co.uk/

9. Here at Tinsdills, We Are Expanding!

   July 6, 2017 12:55 pm Leave a Comment

   Tinsdills are further strengthening their team with appointments in key positions across the firm.

   To support our business growth across all four of our offices in Hanley, Newcastle, Leek and Sandbach, we have recruited a number of new staff in key positions, meaning the firm now numbers 97 staff across our branches.

   We have grown steadily and carefully to build a strong team to adapt to the modern legal services market and to continue to service our expanding client base. Through natural growth, mergers and acquisitions we have been able to keep moving forward even in times when economic conditions have been far from ideal and many in our industry have struggled.

   We are also delighted to have been able to choose some great people to join us, meaning we have people who really understand the culture and ethics of what Tinsdills is all about.

   Some of the new faces include Liz Tappin, who specialises in residential property at our Sandbach office.

   After a successful career teaching Economics and Business Studies, Liz decided to move to the Legal profession and joined us in late 2016.
   Outside work, Liz enjoys walking, playing tennis and spending time with her friends and family. Liz is also a Hammer, meaning she is a lifelong West Ham United supporter.

   We also welcome James Charnock to our Newcastle under Lyme and Sandbach offices. James qualified as a solicitor in 2007 and specialises in wills, estate administration, inheritance tax planning, powers of attorney, court of protection and trust matters.

   Away from work, James enjoys spending time with family and friends, but also when conditions are right he can be seen heading to the shore as he pursues his hobby of surfing.

   Next, we wish to say a big welcome to Zoe Norgrove, who works in residential property in our Hanley office.

   Zoe previously worked for a large corporate firm in Birmingham  and qualified as a Licensed Conveyancer in 2011, and she is now putting her experience to great use dealing with residential property in our Hanley office.

   Being a mum, Zoe is kept busy with her baby boy and demanding dog, when away from the rigours of conveyancing.

   Rebekah Lewis qualified as a Solicitor in March having been through our Trainee Solicitor programme, and she has now joined our Business Services Unit to continue to specialise in Corporate and Commercial work.

   Rebekah can assist with a wide range of corporate transactions including mergers and acquisitions, disposals (both asset and share sales), management buy outs and re-organisations.

   Outside of work, Rebekah enjoys playing netball, reading and attending Sunday league football to support her local team.

   Deborah Turner has joined our Family Law department working in both Newcastle under Lyme and Sandbach.

   Deborah has 20 years’ experience in family law working all over the country and has been a member of the specialist Children Panel and Resolution Family Advanced Panel.
   In her home life, Deborah is a mum of two Junior School age girls and in her spare time, which many Mums will tell you is very little, she enjoys reading, theatre and takes ballet, tap and disco lessons!

   As well as these new faces, we also have three new Trainee Solicitors starting with us in September and we are recruiting for further positions throughout the business as we continue to broaden our service offering to our new and existing client base.

   We welcome all our new recruits to Tinsdills, and we are confident they will all play a huge part in our continuing success in delivering outstanding client service.

10. Recent Judgement made by Supreme Court in ongoing Contentious Probate Case

    April 4, 2017 3:31 pm Leave a Comment

    We reported back in 2015 on the Court of Appeal’s decision in the case of Ilott –v- The Blue Cross & Others.

    The detailed background is set out in the previous report but, in brief, the case related to a claim made by Heather Ilott that the will left by her mother, Melita Jackson, failed to make reasonable financial provision for her. Mrs Ilott, now in her fifties, had left home with her boyfriend at the age of 17 and had been estranged from her mother since then. The will had left nothing to Mrs Ilott and had instead made various bequests to animal charities.

    The claim was made under the provisions of the Inheritance (Provision for Family & Dependents) Act 1975, which gives power to the court in certain circumstances to vary the terms of a will if it fails to make reasonable financial provision for a surviving spouse, child or someone who has been maintained by the deceased during their life.

    The Court of Appeal had substantially increased the amount awarded to Mrs Ilott by the District Judge at first instance, from £50,000 to £163,000. The charities sought to appeal the decision of the Court of Appeal to the UK’s highest appeal court, the Supreme Court.

    Handing down their judgment on 17^th March 2017, the seven Supreme Court justices unanimously agreed that the Court of Appeal’s decision should be reversed and the original ruling to award Mrs Ilott £50,000 restored.

    Giving the main judgment, Lord Hughes said the decision of the Supreme Court confirms existing case law that an appeal would not succeed unless the judge made an error of principle. He commented that “Neither side can make the appellate court start again from scratch. This is a general rule that applies to this case and many others”.

    Interestingly, and quite unusually, Lady Hale – the Deputy President of the Supreme Court – added a separate supplemental judgment of her own, even though she had agreed with the main judgment of the court. She commented that she had done so “only to demonstrate what, in my view, is the unsatisfactory state of the present law, giving as it does no guidance as to the factors to be taken into account in deciding whether an adult child is deserving or undeserving of reasonable maintenance.”

    

    Highlighting the uncertainty created by the law as it stands, Lady Hale pointed out that it would have been entirely open to the District Judge who heard the case originally to have reached one of three widely differing decisions, each of which would have been legally correct and difficult to challenge even though they were very different in their effect on Mrs Ilott:

    1. he could have declined to make any order at all. Mrs Ilott was self-sufficient – albeit largely dependent on benefits – and had been so for many years. She had no expectation of inheriting anything from her mother. She had not looked after her mother. She had not contributed to the acquisition of her mother’s wealth.
    2. he could have decided to make an order which would have the dual benefits of giving Mrs Ilott the financial security that she needed and sought and in doing so also saving the public purse the most money. That is in effect what the Court of Appeal sought to do, by ordering the estate to pay enough money to enable Mrs Ilott to buy the rented home in which she lived, and a further lump sum of £20,000 to draw down as she saw fit in due course.
    3. he could have done what in fact he did, for the reasons that he did. He concluded that an income of £4,000 per year would provide her with her “share” of the household’s tax credit entitlement and capitalised this in a rough and ready way, taking into account some future limited earning potential, at £50,000.

    Each of those would have been a perfectly proper exercise by the District Judge of his discretion on the evidence available to him at the original hearing, despite the very difficult outcome as far as Mrs Illot was concerned.

    Lady Hale went to lament the fact that the Law Commission – the statutory independent body created to keep the law of England and Wales under review and to recommend reform where it is needed – had failed to reconsider the fundamental principles underlying claims of this type such as this when it last looked at the law in this area in 2011.

    The Supreme Court’s decision is regarded by many as a victory for the general principle of testamentary freedom – or in other words, the right to leave whatever you want in your will to whomever you want. That right however can never be absolute, and it was for that reason that the Inheritance Act was passed in the first place – in order to ensure certain safeguards were put in place to allow the courts to make provision for immediate family and those who had been dependent on the deceased.

    However, it does seem to support the general propositions that there should not be an automatic assumption that an adult child should always expect to inherit all or even the bulk of their parents’ estate, and that the Inheritance Act should not and will not be allowed by the courts to be used as a basis for disgruntled adult children to challenge their parents’ testamentary freedom, just because they consider the provisions of the will to be unfair.

    In the meantime, pending a further review of the law in this area, it will remain the case that it is not always straightforward to advise an adult child on whether they might have a claim in circumstances where they believe that a parent’s will fails to make reasonable provision for them.