# CP Law > CP Law Solicitors is a law firm with offices in Wokingham and Sunningdale, advising individuals and businesses across Berkshire, Surrey and Hampshire. CP Law Solicitors is a regional law firm with offices in Wokingham and Sunningdale, advising individuals, families and businesses across Berkshire, Surrey and Hampshire. Its services include wills, trusts and probate, powers of attorney, family and matrimonial law, residential property and private disputes, alongside commercial property, development land, business and company law, employment law and commercial disputes. The firm provides clear, practical and compassionate legal advice. - Brand: cp law solicitors, cplaw solicitors, cplaw, c p law, cp lawyers, cp law lawyers --- # Meet The Team Source: https://www.cplaw.co.uk/about-cp-law-solicitors/meet-the-team.md ## Our team of experts are here to help and offer a personal service to each and every one of our clients. ### Our professional services can help you across a variety of situations. Whether you’re going through divorce or separation, moving home, or in need of legal advice for a business, our friendly team will be delighted to assist you. [ ![charles platel](https://www.cplaw.co.uk/wp-content/uploads/2022/10/charles-platel.jpg) ](https://www.cplaw.co.uk/insights/author/charlesplatel/) ###### Charles Platel Director / Solicitor T: [0345 241 3100](tel:03452413100) Specialisms: [Residential](https://www.cplaw.co.uk/private-clients/residential-property/) & [Commercial](https://www.cplaw.co.uk/business-clients/commercial-property/) Property, [Development Land](https://www.cplaw.co.uk/business-clients/development-land/), [Business & Company Law](https://www.cplaw.co.uk/business-clients/business-company-law/) [ meet Charles ](https://www.cplaw.co.uk/insights/author/charlesplatel/) [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen Director / Solicitor T: [0345 241 3100](tel:03452413100) Specialisms: [Family Law](https://www.cplaw.co.uk/private-clients/family-law/), Divorce, [Private](https://www.cplaw.co.uk/private-clients/private-dispute-resolution/) & [Commercial](https://www.cplaw.co.uk/business-clients/commercial-dispute-resolution/) Dispute Resolution, [Private](https://www.cplaw.co.uk/private-clients/employment-law/) & [Employers](https://www.cplaw.co.uk/business-clients/employment-law-for-employers/) Employment Law [ meet Lee ](https://www.cplaw.co.uk/insights/author/leepashen/) [ ![emma cox](https://www.cplaw.co.uk/wp-content/uploads/2022/10/emma-cox.jog_.jpg) ](https://www.cplaw.co.uk/insights/author/emmacox/) ###### Emma Cox Director / Chartered Legal Executive / Licensed Conveyancer T: [0345 241 3100](tel:03452413100) Specialisms: [Residential Property](https://www.cplaw.co.uk/private-clients/residential-property/) [ meet Emma ](https://www.cplaw.co.uk/insights/author/emmacox/) [ ![natasha swanton](https://www.cplaw.co.uk/wp-content/uploads/2022/10/natasha-swanton.jpg) ](https://www.cplaw.co.uk/insights/author/natasha_swanton/) ###### Natasha Swanton Director / Chartered Legal Executive / Licensed Conveyancer T: [0345 241 3100](tel:03452413100) Specialisms: [Residential](https://www.cplaw.co.uk/private-clients/residential-property/) & [Commercial](https://www.cplaw.co.uk/business-clients/commercial-property/) Property, [Development Land](https://www.cplaw.co.uk/business-clients/development-land/) [ meet Natasha ](https://www.cplaw.co.uk/insights/author/natasha_swanton/) [ ![michelle machin jefferies](https://www.cplaw.co.uk/wp-content/uploads/2022/11/michelle-machin-jefferies-square.png) ](https://www.cplaw.co.uk/insights/author/michellemachin-jefferies/) ###### Michelle Machin-Jefferies Director / Solicitor T: [0345 241 3100](tel:03452413100) Specialisms: Professional Conduct [ meet Michelle ](https://www.cplaw.co.uk/insights/author/michellemachin-jefferies/) [ ![Maria-Roberts-square](https://www.cplaw.co.uk/wp-content/uploads/2026/01/Maria-Roberts-square.jpg) ](https://www.cplaw.co.uk/insights/author/maria_roberts/) ###### Maria Roberts Private Client Solicitor T: [0345 241 3100](tel:03452413100) Specialisms: [Private Client](https://www.cplaw.co.uk/private-clients/) [ meet Maria ](https://www.cplaw.co.uk/insights/author/maria_roberts/) [ ![Polly-Butteris-square](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Polly-Butteris-square.jpg) ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### Polly Butteris Solicitor T: [0345 241 3100](tel:03452413100) Specialisms: [Family Law](https://www.cplaw.co.uk/private-clients/family-law/), [Private Client](https://www.cplaw.co.uk/private-clients/) [ meet Polly ](https://www.cplaw.co.uk/insights/author/pollybutteris/) [ ![raveena chana](https://www.cplaw.co.uk/wp-content/uploads/2022/11/Raveena-Chana-square.jpg) ](https://www.cplaw.co.uk/insights/author/raveenachana/) ###### Raveena Chana Solicitor T: [0345 241 3100](tel:03452413100) [ meet Raveena ](https://www.cplaw.co.uk/insights/author/raveenachana/) [ ![amanda brookman](https://www.cplaw.co.uk/wp-content/uploads/2022/11/Amanda-Brookman-square.jpg) ](https://www.cplaw.co.uk/insights/author/amandabrookman/) ###### Amanda Brookman Legal Cashier T: [0345 241 3100](tel:03452413100) [ meet Amanda ](https://www.cplaw.co.uk/insights/author/amandabrookman/) ![Iffah-Azar-square](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Iffah-Azar-square.jpg) ###### Iffah Azar Graduate Solicitor Apprentice T: [0345 241 3100](tel:03452413100) meet Iffah ![](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Kelsey-Woname-square.jpg) ###### Kelsey Woname Paralegal T: [0345 241 3100](tel:03452413100) meet Kelsey ![Iqra-Javaid-square](https://www.cplaw.co.uk/wp-content/uploads/2026/07/Iqra-Javaid-square.jpg) ###### Iqra Javaid Solicitor T: [0345 241 3100](tel:03452413100) meet Iqra ![you](https://www.cplaw.co.uk/wp-content/uploads/2022/11/you-square.png) ###### You? ## Insights from CP Law --- # Residential Property Source: https://www.cplaw.co.uk/private-clients/residential-property.md ## CP Law Solicitors have been providing a first-class professional conveyancing service to clients in Wokingham and the surrounding areas for many decades. ### Choose CP Law Solicitors for unparalleled expertise and guidance with nearly 100 years of experience between us. We pride ourselves on being the “go to” lawyers for you, your family and friends for years to come. ### Our Approach Whilst some transactions are more straightforward than others, conveyancing is, despite the common misconception, not simply a tick-box exercise – property law is complicated, with lots of traps for the unwary. You should only entrust what is likely to be one of the biggest (and sometimes the most stressful) investments of your life with someone who is qualified and experienced to look after you and who will be with you every step of the way. All our Residential Property lawyers are local to the Firm and familiar with the surrounding areas however can assist you wherever your property is located in England or Wales. Our approach is to provide a very high standard of professional care for our clients - **Continuity** – a dedicated Property Lawyer will manage your transaction from start to finish- **Experience** – your Property Lawyer will be supported by a team of experienced administrators- **Technology** – we utilise technology as much as possible to assist with the transaction but are always happy to talk on the telephone or meet with you in personWe also offer [**Local Commercial Property Solicitor**](https://www.cplaw.co.uk/business-clients/commercial-property/) services in Berkshire! [ ![](https://www.cplaw.co.uk/wp-content/uploads/2022/10/residential-property-our-approach.jpg) ](https://www.cplaw.co.uk/private-clients/powers-of-attorney/) ![residential property family](https://www.cplaw.co.uk/wp-content/uploads/2022/10/residential-property-family.jpg) ### Our Residential Property Lawyers here at CP Law Solicitors would be delighted to hear from you and can advise on the following: - Sale or purchase of freehold property - Sale or purchase of leasehold property - Re-mortgages - Transfer of Equity - Equity Release - New build property from developers/builders - Shared ownership schemes - Staircasing on Shared ownership Properties - Auction sales and purchases - Sale of part of the land in your ownership ### Get an Instant Estimate ### Related Pages [![help to buy](https://www.cplaw.co.uk/wp-content/uploads/2022/12/help-to-buy-small.jpg)](https://www.cplaw.co.uk/insights/the-governments-new-buy-or-help-to-buy-scheme/) ###### New Build or Help to Buy scheme> READ MORE [![Frequently asked questions when moving home](https://www.cplaw.co.uk/wp-content/uploads/2022/11/Moving-home-FAQs.jpg)](https://www.cplaw.co.uk/insights/frequently-asked-questions-when-moving-home/) ###### Frequently Asked Questions when moving home> READ MORE ### Our Residential Property Experts [ ![charles platel](https://www.cplaw.co.uk/wp-content/uploads/2022/10/charles-platel.jpg) ](https://www.cplaw.co.uk/insights/author/charlesplatel/) ###### Charles Platel - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Charles ](https://www.cplaw.co.uk/insights/author/charlesplatel/) [ ![natasha swanton](https://www.cplaw.co.uk/wp-content/uploads/2022/10/natasha-swanton.jpg) ](https://www.cplaw.co.uk/insights/author/natasha_swanton/) ###### Natasha Swanton - Director / Chartered Legal Executive / Licensed Conveyancer T: [0345 241 3100](tel:03452413100) [ meet Natasha ](https://www.cplaw.co.uk/insights/author/natasha_swanton/) [ ![emma cox](https://www.cplaw.co.uk/wp-content/uploads/2022/10/emma-cox.jog_.jpg) ](https://www.cplaw.co.uk/insights/author/emmacox/) ###### Emma Cox - Director / Chartered Legal Executive / Licensed Conveyancer T: [0345 241 3100](tel:03452413100) [ meet Emma ](https://www.cplaw.co.uk/insights/author/emmacox/) ###### If you would like more information please contact our team by filling out the form below. > Having engaged CP Law previously, we selected them again to act for us in our house sale. Emma clearly explained each stage of the conveyancing process. Electronic communication enabled speedy responses but they were always ready to pick up the phone to speak to us directly and welcome us into the office ensuring that the technology providing efficiency was balanced by the personal service that made us feel valued clients. We would definitely recommend CP Law. > > > Mr & Mrs Collins ## Residential Property Insights from CP Law --- # Conveyancing Solicitors Source: https://www.cplaw.co.uk/private-clients/residential-property/conveyancing-solicitors.md ## Buying a new home, business or investment property is a big step so it’s important to ensure that your legal representation is up to scratch. ### A delay in legal advice could cost you the property you’re interested in. That’s why CP Law, as Berkshire conveyancing solicitors, pride ourselves on offering a quick and efficient conveyancing process and excellent customer service. Part of our process includes the management of your lender which you may have chosen from a panel by the time you contact us. We have two locations in Wokingham and Sunningdale for our conveyancing services. However, if you are in the Ascot, Henley, Crowthorne, Maidenhead, Farnborough, Reading, Finchampstead or Bracknell area, [**visit our Wokingham page**](https://www.cplaw.co.uk/cp-law-solicitors-wokingham/) for more details regarding how best we can help you. [ Get an Estimate ](https://www.cplaw.co.uk/get-an-estimate/) ![](https://www.cplaw.co.uk/wp-content/uploads/2022/12/residential-conveyancing-family-1024x683.jpg) ![residential conveyancing houses](https://www.cplaw.co.uk/wp-content/uploads/2022/12/residential-conveyancing-houses-1024x683.jpg) ### The conveyancing process In most cases, the conveyancing process is straightforward. It is the legal transfer of a property from one party to another, and where there is no dispute it is typically smooth sailing. However, it does require particular legal knowledge and must be undertaken by a qualified solicitor. At CP Law Conveyancing Solicitors, in our Berkshire locations: Wokingham & Sunningdale, we’ve embraced the advantages of modern technology. Our secure website allows us to upload documents instantly, so that the recipient, you, the other party or their representation, can access them immediately. Combined with near-instant email communications, this allows us to speed up the conveyancing process for the convenience of everyone involved. ### Accredited conveyancing experts With 40 years of experience as local conveyancing solicitors in Berkshire, we are proud to be the first conveyancing in Berkshire to receive the Law Society Conveyancing Quality Accreditation (CQS). This conveyancing quality scheme is an impartial and objective assessment of our processes, and we are proud to have met the Law Society’s high standards. This accreditation lapses after a year. Having been reassessed every year, we have received the accreditation each year following our initial success in 2011. We have been marked out as having excellent procedures in place for conveyancing and deterring fraud in the residential property market. We feel that this confirms that our commitment to customer care has been successful and we aim to match or beat our success in the years to come. ![residential conveyancing unpacking](https://www.cplaw.co.uk/wp-content/uploads/2022/12/residential-conveyancing-unpacking-1024x683.jpg) ### Get an Instant Estimate ### Related Pages [![sunningdale](https://www.cplaw.co.uk/wp-content/uploads/2022/11/Sunningdale-outside.jpg)](https://www.cplaw.co.uk/insights/the-governments-new-buy-or-help-to-buy-scheme/) ###### New Build or Help to Buy scheme> READ MORE [![Frequently asked questions when moving home](https://www.cplaw.co.uk/wp-content/uploads/2022/11/Moving-home-FAQs.jpg)](https://www.cplaw.co.uk/insights/frequently-asked-questions-when-moving-home/) ###### Frequently Asked Questions when moving home> READ MORE ### Our Residential Property Experts [ ![charles platel](https://www.cplaw.co.uk/wp-content/uploads/2022/10/charles-platel.jpg) ](https://www.cplaw.co.uk/insights/author/charlesplatel/) ###### Charles Platel - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Charles ](https://www.cplaw.co.uk/insights/author/charlesplatel/) [ ![natasha swanton](https://www.cplaw.co.uk/wp-content/uploads/2022/10/natasha-swanton.jpg) ](https://www.cplaw.co.uk/insights/author/natasha_swanton/) ###### Natasha Swanton - Director / Chartered Legal Executive / Licensed Conveyancer T: [0345 241 3100](tel:03452413100) [ meet Natasha ](https://www.cplaw.co.uk/insights/author/natasha_swanton/) [ ![emma cox](https://www.cplaw.co.uk/wp-content/uploads/2022/10/emma-cox.jog_.jpg) ](https://www.cplaw.co.uk/insights/author/emmacox/) ###### Emma Cox - Director / Chartered Legal Executive / Licensed Conveyancer T: [0345 241 3100](tel:03452413100) [ meet Emma ](https://www.cplaw.co.uk/insights/author/emmacox/) ###### If you would like more information please contact our team by filling out the form below. > Emma has been fantastic the whole way through the conveyancing process. She was always professional, knowledgeable, friendly and helpful. They were also very responsive and kept us updated at all times and we definitely felt that they were working their hardest to get our house sale and purchase across the line. It was a very stressful time for us but they did all they could to reassure us and we felt in really good hands. I would definitely recommend CP law, thank you for everything! > > > Mr & Mrs Williams ## Residential Property Insights from CP Law --- # Pricing Source: https://www.cplaw.co.uk/about-cp-law-solicitors/pricing.md ## The Solicitors Regulation Authority (SRA) require all regulated law firms to provide information on pricing in relation to certain types of work. [ Residential Conveyancing ](https://www.cplaw.co.uk/wp-content/uploads/2026/09/Pricing_Resi_Conveyancing_Sept_2026.docx.pdf) [ Probate (Uncontested) ](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Pricing-Probate-November-2025.pdf) [ Employment Tribunal ](https://www.cplaw.co.uk/wp-content/uploads/2024/07/Pricing_Employment_Tribunal_June_2024.pdf) [ Debt Recovery ](https://www.cplaw.co.uk/wp-content/uploads/2026/05/Pricing_Debt_Recovery_May_2026.pdf) ### Contact our team today ###### With offices in Wokingham and Sunningdale, our friendly team can offer you clear and practical legal advice. > Hugely supportive, informative and ultimately helpful service. Lee took the time to walk me through the situation, outlining where he saw issues, and helped to bring things to a successful conclusion in a very timely manner. Would strongly recommend. > > > Martyn Sylvester ## Insights from CP Law --- # Thank you Source: https://www.cplaw.co.uk/thank-you.md ## Thank you for submitting your enquiry, we will be in touch shortly. ### If you would like to speak to us in the meantime please call us on 0345 241 3100. --- # Wills Source: https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/wills.md ## What is a Will? A Will is a legal document that sets out how your assets are to be dealt with on your death. ### Why should you have a Will? Having a valid Will is the only way to ensure that your assets will be distributed in the manner of your choosing. If you die without a Will then your estate will be dealt with under the Intestacy Rules and this could mean that people that are important to you are not provided for in the way you might have wanted. ![why should a solicitor prepare your will](https://www.cplaw.co.uk/wp-content/uploads/2022/12/why-should-a-solicitor-prepare-your-will-1024x683.jpg) ### Why should a Solicitor or Legal Executive prepare your Will? At CP Law Solicitors only a qualified Solicitor or Legal Executive will prepare your Will and this means that you can feel safe in their hands. Whilst we appreciate that everyone’s estate is different we have found that over the years there are common objectives that people what to achieve within their Wills and this means that we can call upon our bank of extensive knowledge and experience of preparing Wills when advising and reviewing your circumstances and objectives. We will always where possible provide you with options set out in plain and simple English of how your objectives can be achieved. Need a [**will lawyer in Wokingham**](https://www.cplaw.co.uk/cp-law-solicitors-wokingham/)? ### FAQS What is an Estate Planning Report? During your initial appointment, the topic of Inheritance Tax may be discussed and your lawyer may provide you with an explanation of how the current Inheritance Tax laws affect your estate. If you would like this information and advice confirmed in writing you can request an Estate Planning Report. An Estate Planning Report is a bespoke report that is prepared for you and will review your current assets and Inheritance Laws, relief and exemptions and make suggestions on how you can mitigate any exposure that you may have to Inheritance Tax. What if I do not make a Will? If you do not make a Will, then your estate (all of your assets at death) will be distributed according to the ‘Intestacy Rules’. You should also consider topics such as inheritance tax and family history. Broadly speaking, for all deaths that occurred after 1st October 2014: - If you leave a spouse and children – £322,000 goes to your spouse (plus the personal possessions) and then half of the remainder. The children would then receive the rest of the estate on trust until they reached 18.- If you leave a spouse and no children then your spouse will take everything.- If you leave children and no spouse then your entire estate would go to your children in equal shares.- If you leave no spouse or children then your estate will be distributed according to the statutory order, starting with parents and then siblings and then down to wider family members. Case Studies **WILL CASE STUDY ONE** Mrs R died in January and her husband Mr R died in the following April. The firm was assisting the Executors in the administration. Mr and Mrs R had had their Wills prepared over ten years ago by local solicitors. Two years before Mrs R died, she prepared a homemade Codicil leaving a generous cash gift to her sister. The Codicil had been signed correctly and was a valid document. Unfortunately, the cash gift could not be made following Mrs R death. The gift that Mrs R left in her Codicil failed due to the way in which Mr and Mrs R held their assets. Had Mrs R sought professional advice simple steps could have been taken to ensure that this gift could have taken place. ### Costs CP Law Solicitors offers an initial fixed fee meeting of £150 plus VAT. If as a result of that initial meeting you go on to instruct the firm in relation to the preparation of a Will this initial fixed fee will be deducted from your final invoice. Prior to your initial appointment, you will be sent the firm’s Will Questionnaire for consideration and completion. We highly recommend that you complete and return your questionnaire prior to your initial meeting as it will allow your lawyer to be fully prepared for your meeting and means that you can make the most of your initial appointment. [ Download Will Questionnaire ](https://www.cplaw.co.uk/wp-content/uploads/2023/10/CP_Law_Will_Questionnaire_2023.docx) ### Our Wills, Trusts & Estates Team [ ![Polly-Butteris-square](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Polly-Butteris-square.jpg) ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### Polly Butteris - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Polly ](https://www.cplaw.co.uk/insights/author/pollybutteris/) [ ![Maria-Roberts-square](https://www.cplaw.co.uk/wp-content/uploads/2026/01/Maria-Roberts-square.jpg) ](https://www.cplaw.co.uk/insights/author/maria_roberts/) ###### Maria Roberts - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Maria ](https://www.cplaw.co.uk/insights/author/maria_roberts/) [ ![](https://www.cplaw.co.uk/wp-content/uploads/2022/10/holly-holman.jpg) ](https://www.cplaw.co.uk/insights/author/hollyholman/) ###### Holly Holman - Licensed Conveyancer T: [0345 241 3100](tel:03452413100) [ meet Holly ](https://www.cplaw.co.uk/insights/author/hollyholman/) ###### If you would like more information please contact our team by filling out the form below. > Having used CP Law Solicitors on several occasions, I warmly recommend them to anyone looking for solicitors who listen, are proactive, and who represent your interests fully on every level. In my experience, their efficiency and attention to detail are definitely above average. > > > Graham Hoare ## Wills, Trusts & Estates Insights from CP Law --- # Terms & Conditions Source: https://www.cplaw.co.uk/terms-conditions.md By using this website ([https://www.cplaw.co.uk](https://www.cplaw.co.uk)) (the “Website”) you are deemed to accept the following terms and conditions: **Disclaimer** This website is operated by CP Law Solicitors (the “Firm”), the trading name of Charles Platel and Partners (Solicitors) Limited, a limited company registered in England and Wales authorised and regulated by the Solicitors Regulation Authority (company number 3056856 & SRA number 192187). Our VAT registration number is 664 6893 82. The Firm’s registered office is 2 Anvil Court, 50 Denmark Street, Wokingham, Berkshire RG40 2BB. A list of Directors is available at these offices. Please note that the term “partner” or “partners” of CP Law Solicitors indicates a Director of CP Law Solicitors, or an employee or consultant who is a lawyer with equivalent standing and qualifications. References on the Website to “Charles Platel & Partners (Solicitors) Ltd”, “CP Law Solicitors”, “the Firm”, “the Practice”, “we”, “us” or “our” in these terms are references to the Firm. References to “you” and “your” are references to you, whoever you might be. These Terms and Conditions will be governed by, and construed in accordance with, the laws of England and Wales and the Courts of England and Wales have exclusive jurisdiction. **Important** Do not treat anything on this Website as legal advice. The contents are provided for general interest only, and have to be brief, vague and generalised. They may contain errors or be incorrect in the circumstances which apply to you. The law changes frequently, and we do not update articles which were published in the past. Any views of the law or pointers to the need for legal advice apply in general to the law of England and Wales. You must always take specific advice from a lawyer properly qualified in the legal system which applies to you. Accordingly we will not be responsible for any action which you take or refrain from taking in reliance on anything contained in this Website. But we will be pleased to offer further advice or information on any of the topics here, and are of course responsible to our clients in the ordinary way for our advice to them and work done for them as solicitors. We do not represent and cannot guarantee that the content and the provision of the content of this Website will always be correct, uninterrupted or fault, error and virus free. Save in respect of death or personal injury arising out of negligence or for fraudulent misrepresentation, we shall not be liable directly or indirectly in contract, tort, equity or otherwise for any damage whatsoever in connection with this website or any use of content provided on this website, including any direct, indirect, special, incidental or consequential damage (including but not limited to loss of profits, interest, data, business revenue, anticipated savings, business or goodwill. **User Rights and Intellectual Property Rights** You may download, store, view and print anything here on a single computer for your personal reference only. Any reproduction, networking, transmission or redistribution of any part of these web pages in any form is prohibited. 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These files help us understand how people use our website and improve the quality and content of our site for our visitors. The aggregated statistical data cover items such as total visits or page views. Our cookies by themselves do not tell us your email address or otherwise identify you personally. By navigating on our Website you agree that we can place these cookies on your computer or device. Although most browsers automatically accept cookies, you can choose whether or not to accept cookies via your browser’s settings and you may also delete cookies at any time. If you have questions about CP Law Solicitors use of cookies please email **[mail@cplaw.co.uk](mailto:mail@cplaw.co.uk)** or visit our [**cookie policy page**](https://www.cplaw.co.uk/cookie-policy/). As a useful resource to our visitors, certain links in this Website connect to other websites maintained by third parties over whom CP Law Solicitors has no control. We cannot guarantee, and make no representations as to, the accuracy of any website to which we provide a link or reference. Links to other sites are provided only as a convenience to users of our site. **Alterations** We reserve the right to terminate, suspend or alter the content of this Website and to amend these terms and conditions at any time. Continued use of this Website after alteration of these terms and conditions shall be deemed to constitute acceptance of such alterations. --- # Probate & Estate Administration Source: https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/probate-estate-administration.md ## What does Administering an Estate mean? Administering an estate is the phrase used when describing the work that is required following the death of someone. ### It can be an extensive and complicated job depending on the circumstances. CP Law Solicitors’ Probate Help Sheet provides helpful information on the Probate process and includes a glossary of useful terms that may help. [ probate help sheet ](https://www.cplaw.co.uk/wp-content/uploads/2022/10/CP-Law-Probate-Help-Sheet.pdf) ![probate administration](https://www.cplaw.co.uk/wp-content/uploads/2022/12/probate-administration-1024x683.jpg) ### How can a Solicitor or Legal Executive help me? At CP Law we have a bank of extensive knowledge and experience of administering estates and we will always where possible provide you with options set out in plain and simple English of how CP Law can help you achieve your objectives. ### costs CP Law Solicitors charge on a time spent basis for Administration of Estate work. This is because every estate is different and every family wishes to manage the administration of a loved one’s estate differently. Our job is to support and advise families on the most efficient way to administer the estate. As a result of us charging on a time spent basis, rather than a percentage value of the estate it is very hard to give an indication of what the likely overall expenses may be. Some families are very ‘hands on’ and do the bulk of the leg work themselves, meaning that we simply prepare the legal documentation (i.e. application for probate – comprises of two parts; the first being the court application and the second being the HMRC inheritance tax return). Other families want to do as little as possible and in these cases, our fees are higher. When working with families who want to instruct the firm, we provide a quote following a short initial meeting. During this meeting, the family provide a copy of the death certificate and a schedule of the deceased’s assets and liabilities. From this information, an initial Inheritance Tax calculation can be done and an estimate can be provided to the family. We break our quotes down into three parts: **Part One**: up to the extraction of the Grant **Part Two**: Collection of Assets and Deeds of Variations **Part Three**: Distribution of Estate For each part, an estimate of how many hours’ work we think it will take and costs are given. Costs are reviewed at the end of each stage when an invoice is raised. For further information please contact: Email: **[privateclient@cplaw.co.uk](mailto:privateclient@cplaw.co.uk)** Telephone: [**0345 241 3100**](tel:03452413100) ### Our Probate & Estates Team [ ![Polly-Butteris-square](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Polly-Butteris-square.jpg) ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### Polly Butteris - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Polly ](https://www.cplaw.co.uk/insights/author/pollybutteris/) [ ![Maria-Roberts-square](https://www.cplaw.co.uk/wp-content/uploads/2026/01/Maria-Roberts-square.jpg) ](https://www.cplaw.co.uk/insights/author/maria_roberts/) ###### Maria Roberts - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Maria ](https://www.cplaw.co.uk/insights/author/maria_roberts/) [ ![](https://www.cplaw.co.uk/wp-content/uploads/2022/10/holly-holman.jpg) ](https://www.cplaw.co.uk/insights/author/hollyholman/) ###### Holly Holman - Licensed Conveyancer T: [0345 241 3100](tel:03452413100) [ meet Holly ](https://www.cplaw.co.uk/insights/author/hollyholman/) ###### If you would like more information please contact our team by filling out the form below. > CP Law sympathetically and efficiently supported me in dealing with my late mother's estate. One team dealt with Inheritance Tax and Grant of Probate, which was rapidly completed. The Property team then smoothly completed the conveyancing of the house. Both teams were friendly and helpful throughout. > > > Paul Hill ## Probate & Estates Insights from CP Law --- # Changing a Will Source: https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/changing-a-will.md ## Provided you have not become mentally incapacitated, you can always amend your Will. This can be done in one of two ways: ### You can make an entirely new Will, revoking the old one and replacing it with the new one. Or you can make a Codicil. This is a short document that makes a small number of specific changes to the Will (perhaps increase the value of a gift or replace an executor). This does not revoke the existing Will and only alters those sections specifically referred to. ![why should a solicitor prepare your will](https://www.cplaw.co.uk/wp-content/uploads/2022/12/why-should-a-solicitor-prepare-your-will-1024x683.jpg) ### Once you have passed away, your Will can be changed in a number of ways: - **Deed of Variation**. This can be made within 2 years of death and any gift or sum passing to a Beneficiary (whether under the Will or by the intestacy rules) can be varied in favour of somebody else. As far as Inheritance Tax is concerned, the gift would not be treated as a gift by the original beneficiary but rather a distribution from the estate of the deceased. This is a useful way of retrospectively saving Inheritance Tax.- **Disclaimer**. This is less flexible than a Deed of Variation. Although it can be oral or written, you cannot disclaim a gift in part – it is all or nothing. In addition, you cannot disclaim in favour of somebody else. You simply disclaim and the gift passes either according to the substitute provisions of the Will or according to the intestacy rules.- **Claims under the Inheritance** (Provision for Family and Dependents) Act 1975 (see above). ### FAQS Who should I appoint as my Executor(s)? This should be somebody who you trust to properly administer your estate, settle debts and tax and distribute the estate according to your wishes. It is an important and sometimes burdensome task and should not be undertaken lightly. Check with the person you intend to appoint that they are happy to act, as they could refuse to do so at a later date. It is generally recommended that you appoint close family members, as they will be best placed to know about your estate and family. In addition, you may wish to appoint a professional (such as a solicitor or accountant), particularly if the estate and/or will is especially complex. What if a beneficiary cannot be located? Your executors would have to make extensive searches and ultimately, depending on the circumstances, take out protective insurance or obtain a court order. When and how often should my will be updated? -  If you get married – marriage revokes any previous Will- If you or a beneficiary change their name- If one of your executors dies or becomes unable to act (for example due to mental or physical incapacity or leaving the country)- If a beneficiary dies- If property referred to in your Will is sold or altered in nature- If your estate increases significantly in value (particularly if it increases beyond the inheritance tax threshold)- If you divorce ![](https://www.cplaw.co.uk/wp-content/uploads/2022/12/changing-a-will-square-1024x683.jpg) ### Our Wills, Trusts & Estates Team [ ![Polly-Butteris-square](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Polly-Butteris-square.jpg) ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### Polly Butteris - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Polly ](https://www.cplaw.co.uk/insights/author/pollybutteris/) [ ![Maria-Roberts-square](https://www.cplaw.co.uk/wp-content/uploads/2026/01/Maria-Roberts-square.jpg) ](https://www.cplaw.co.uk/insights/author/maria_roberts/) ###### Maria Roberts - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Maria ](https://www.cplaw.co.uk/insights/author/maria_roberts/) [ ![](https://www.cplaw.co.uk/wp-content/uploads/2022/10/holly-holman.jpg) ](https://www.cplaw.co.uk/insights/author/hollyholman/) ###### Holly Holman - Licensed Conveyancer T: [0345 241 3100](tel:03452413100) [ meet Holly ](https://www.cplaw.co.uk/insights/author/hollyholman/) ###### If you would like more information please contact our team by filling out the form below. > Having used CP Law Solicitors on several occasions, I warmly recommend them to anyone looking for solicitors who listen, are proactive, and who represent your interests fully on every level. In my experience, their efficiency and attention to detail are definitely above average. > > > Graham Hoare ## Wills, Trusts & Estates Insights from CP Law --- # Challenging a Will Source: https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/challenging-a-will.md ## Can a Will be challenged? There is an Act of Parliament known as the Inheritance (Provision for Family and Dependants) Act 1975. Some changes were made to it by a later Act of Parliament (passed in 1995) and the net effect of these two acts is as follows: ### If you are an eligible applicant (see below) and the deceased did not make reasonable financial provision for you, then you can make a claim through the courts, requesting that the division of the estate be altered. There may have been a Will, or an intestacy and a claim can be made in either case. ![challenging a will applicants](https://www.cplaw.co.uk/wp-content/uploads/2022/12/challenging-a-will-applicants-1024x683.jpg) ### Eligible Applicants: - Spouse- Former Spouse who has not already re-married- Co-habitee (i.e. anyone who for a period of two years immediately preceding the date of death was living in the same household as the deceased as husband and wife)- Children- Any person treated by the deceased as a child of the family- Any other person who was being maintained in whole or part by the deceased immediately before the date of death (Provision for Family and Dependents) Act 1975 (see above). ### Other issues: - The claim must be commenced within 6 months of the date of the grant of probate- The court will consider the financial resources of the person claiming against the estate, other sources of income and capital, the moral obligations that would/should have been on the deceased, the value of the estate (i.e. how much money is really available for redistribution), any physical/mental disability of the claimant and any other factors deemed to be relevant- The definition of “reasonable financial provision” is slightly different for a surviving spouse. They would be entitled to expect a higher level of financial support than other categories of claimant and the court would interpret the definition of “reasonable” more generously in favour of such a claimant ![](https://www.cplaw.co.uk/wp-content/uploads/2022/12/challenging-a-will-issues-1024x683.jpg) ### Our Expert [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen-long.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Lee ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### If you would like more information please contact our team by filling out the form below. > Having used CP Law Solicitors on several occasions, I warmly recommend them to anyone looking for solicitors who listen, are proactive, and who represent your interests fully on every level. In my experience, their efficiency and attention to detail are definitely above average. > > > > Graham Hoare ## Wills, Trusts & Estates Insights from CP Law --- # Guide to Making a Will Source: https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/guide-to-making-a-will.md ## When making a Will, it is important that you receive appropriate guidance without feeling overwhelmed. As such, we have set out some guidance on this page which we hope will be of benefit to you. ![](https://www.cplaw.co.uk/wp-content/uploads/2022/12/inheritance-tax-1024x683.jpg) ### Inheritance Tax Currently the first £325,000 (the ‘nil rate band’) of assets passing to your beneficiaries will be free of tax and the balance will be liable to inheritance tax at 40%. However, anything passing to your spouse, civil partner or charity will be completely free of inheritance tax, subject to certain criteria. If you leave 10% or more of your chargeable estate to charity then the remainder will be charged at a reduced rate of 36%. There are further concessions for business and agricultural property, which could also be free of inheritance tax. Since 2007, if a person’s nil rate band has not been used (often because everything passes to the surviving spouse) it can be transferred for the benefit of the surviving spouse. This means that often there is £650,000 that can be passed tax free on the death of the second spouse. The government is currently proposing to introduce an additional nil rate band that applies to the family home when left to direct descendants. This has still not been confirmed but the intention is that this will eventually amount to £175,000 per person. HMRC have indicated that this will also be transferable between spouses and so a family could pass assets of £1m to their children free of inheritance tax. ### Executors Executors are the people who Will be responsible for carrying out your wishes and for sorting out the estate. It is not necessary to appoint more than one executor although it is advisable to do so, for example, in case one of them dies. It is common to appoint two, but up to four executors can take on responsibility for administering the Will after a death. The people most commonly appointed as executors are relatives or friends, solicitors, accountants or banks. ![challenging a will applicants](https://www.cplaw.co.uk/wp-content/uploads/2022/12/challenging-a-will-applicants-1024x683.jpg) ![](https://www.cplaw.co.uk/wp-content/uploads/2022/12/guardians-1024x683.jpg) ### Guardians A Guardian is someone you have named in your Will as the person you would like to be responsible for your children if they are orphaned before reaching the age of 18. If you fail to appoint Guardians in your Will and both parents die before the children reach 18, the courts Will appoint Guardians instead, but they won’t necessarily appoint the people that you would have preferred to take care of your children. ### FAQS Do you need to make a Will? Every person over 18 should make a Will and we recommend that they review their Will every 3 to 5 years or otherwise on life changing events such as getting married, the birth or adoption of a child, divorce, retirement and bereavement. Making a Will is the only definite way to confirm your wishes over how your personal property is shared out. Think of making a Will as a form of insurance. It enables you to make decisions as to how you want to dispose of your possessions. What happens if you die without making a Will? If you die without making a Will, your estate (your property and all belongings) is frozen and becomes subject to the law of intestacy. The problem with this is that neither you or your family will have any say in the matter if you didn’t make a Will. The beneficiaries and the share they receive will be determined by statute and the whole process can take months or even years. Whilst the law and complete strangers decide how your belongings are shared, your surviving spouse or partner has all the usual household and living expenses to pay. Your surviving spouse or partner may not have access to money because the assets could be frozen until all the formalities have been sorted out. When should you make a Will? Generally, making your Will is best done sooner rather than later. Ideally, the perfect time to make your Will is when you are well, happy and free from any pressure or influence. Making a Will is not the sole province of the ill or the elderly. As a general rule, it is advisable to consider drawing up your Will as soon as you fall into one of these categories: - You buy a property.- As soon as you have children or grandchildren.- Upon marriage or remarriage (marriage invalidates previous Wills).- Upon divorce.- If you are living with someone as husband/wife but are not married.- If you receive an inheritance / windfall / lottery win. How do you write a Will? The law lays down strict rules as to how a Will must be drawn up. If a Will fails to meet any of the legal requirements it may be declared invalid. To make a valid Will you must be over 18 (though there are exceptions) and be of “sound disposing mind”, which means you are capable of understanding the effects of drawing up a Will. For some people, using a DIY Will form or consulting Will making Companies who are not legally qualified works fine. Be aware though that one mistake in the wording may invalidate the whole Will. There is currently no regulatory body overseeing levels of service. Consulting with a qualified solicitor who specialises in drawing up Wills however, gives you the peace of mind knowing that you have had expert legal, taxation and inheritance planning advice. What should be included in a Will? To save time when going to a solicitor, you should give some thought to the major points which you want included in your Will. You should consider such things as:- - who you want to benefit from your Will – the people to whom you wish to leave money or possessions. These people are known as beneficiaries. You also need to consider whether you wish to leave any money to charity;- who should look after any children under 18;- who is going to sort out the estate and carry out your wishes as set out in the Will. These people are known as the executors;- how much money and what property and possessions you have, for example, property, savings, occupational and personal pensions, insurance policies, bank and building society accounts, shares. ![wills faqs](https://www.cplaw.co.uk/wp-content/uploads/2022/12/wills-faqs-1024x683.jpg) ### Our Wills, Trusts & Estates Team [ ![Polly-Butteris-square](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Polly-Butteris-square.jpg) ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### Polly Butteris - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Polly ](https://www.cplaw.co.uk/insights/author/pollybutteris/) [ ![Maria-Roberts-square](https://www.cplaw.co.uk/wp-content/uploads/2026/01/Maria-Roberts-square.jpg) ](https://www.cplaw.co.uk/insights/author/maria_roberts/) ###### Maria Roberts - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Maria ](https://www.cplaw.co.uk/insights/author/maria_roberts/) [ ![](https://www.cplaw.co.uk/wp-content/uploads/2022/10/holly-holman.jpg) ](https://www.cplaw.co.uk/insights/author/hollyholman/) ###### Holly Holman - Licensed Conveyancer T: [0345 241 3100](tel:03452413100) [ meet Holly ](https://www.cplaw.co.uk/insights/author/hollyholman/) ###### If you would like more information please contact our team by filling out the form below. > Having used CP Law Solicitors on several occasions, I warmly recommend them to anyone looking for solicitors who listen, are proactive, and who represent your interests fully on every level. In my experience, their efficiency and attention to detail are definitely above average. > > > Graham Hoare ## Wills, Trusts & Estates Insights from CP Law --- # Private Dispute Resolution Source: https://www.cplaw.co.uk/private-clients/private-dispute-resolution.md ## When a dispute arises, without expert advice, matters can deteriorate and lead to stress, risk financial loss, time and reputation damaged. ### When faced with any dispute situation, it is of paramount importance for our litigation solicitors to quickly get to grips with the key problems, to enable us to understand them and advise you of the options available. CP Law Solicitors dedicated team of litigation solicitors will advise on the most appropriate solution to any dispute whether necessitating court action or a more innovative approach by utilising alternative means of dispute resolution including mediation and arbitration. ![private dispute resolution](https://www.cplaw.co.uk/wp-content/uploads/2022/12/private-dispute-resolution-overview.jpg) ### CP Law Solicitors can advise on the following: - Boundary & Neighbour Disputes - Landlord & Tenant Issues - Construction & Property Disputes - Probate & Inheritance Disputes - Debt Recovery - Insolvency - Disputes relating to the sales of goods & services - Professional negligence ### Defending Proceedings We can advise you on what to do next if you have received correspondence regarding any claim or served with a claim term. We may need to formally enter a defence on your behalf but thereafter we can negotiate with the other side if appropriate. We aim to take a realistic approach in such matters – and in some cases a meeting between the parties may be necessary. We will liaise jointly with you to achieve a pragmatic solution, which is proportionate and cost-effective. [ ![pricing](https://www.cplaw.co.uk/wp-content/uploads/2022/12/pricing-long-1024x684.jpg) ](https://www.cplaw.co.uk/private-clients/powers-of-attorney/) ### Our Private DIspute Resolution Experts [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen-long.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Lee ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### If you would like more information please contact our team by filling out the form below. > What can I say but a big thank you for your advice and support in the pursuit of my claim. I now have a £31k settlement, all of my personal effects shipped back to the UK and a good reference. We started at £8k, moved to £21k and ended up with £31k so great work by you, if you need to reference me for any future work I would be happy to recommend you. > > > David Mills ## Private Dispute Resolution Insights from CP Law --- # Wills, Trusts & Probate Source: https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates.md ## CP Law Solicitors Wills, Trusts and Probate department draws upon many years of experience. ### CP Law Solicitors, who have offices in Wokingham and Sunningdale, recognise that many of our clients come to us at a difficult time in their lives and we always ensure that our clients’ needs are therefore met quickly, efficiently and compassionately. We are always available to provide you with the peace of mind by assisting you to plan for the future, ensuring your loved ones will be well looked after when you are gone. We assist our clients with various aspects of Estate Planning including the creation of Wills, Lasting Powers of Attorney, Trusts and Inheritance Tax Advice. We understand that Estate Planning can be a difficult topic for our clients to approach and that is why we pride ourselves on providing a personalised service. We also want to ensure our clients are safe in the knowledge that our staff are fully abreast with the ongoing changes in the law. As such, our staff are both WIQS accredited (the Law Society’s “Wills and Inheritance Quality Scheme”) and members of STEP (Society of Trust and Estate Practitioners). ![wills advice](https://www.cplaw.co.uk/wp-content/uploads/2022/12/wills-advice.jpg) ### CP Law Solicitors can advise on the following: - [ Wills ](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/wills/) - [ Probate & Estate Administration ](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/probate-estate-administration/) - Trusts - [ Lasting Powers of Attorney ](https://www.cplaw.co.uk/private-clients/powers-of-attorney/lasting-powers-of-attorney/) - [ Court of Protection ](https://www.cplaw.co.uk/private-clients/powers-of-attorney/court-of-protection/) - Estate & Inheritance Tax Planning - Change of Name Deeds - Elderly Client Advice - [ Changing a Will ](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/changing-a-will/) - [ Challenging a Will ](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/challenging-a-will/) - [ Guide to Making a Will ](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/guide-to-making-a-will/) ### Our Wills, Trusts & Estates Team [ ![Polly-Butteris-square](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Polly-Butteris-square.jpg) ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### Polly Butteris - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Polly ](https://www.cplaw.co.uk/insights/author/pollybutteris/) [ ![Maria-Roberts-square](https://www.cplaw.co.uk/wp-content/uploads/2026/01/Maria-Roberts-square.jpg) ](https://www.cplaw.co.uk/insights/author/maria_roberts/) ###### Maria Roberts - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Maria ](https://www.cplaw.co.uk/insights/author/maria_roberts/) [ ![](https://www.cplaw.co.uk/wp-content/uploads/2022/10/holly-holman.jpg) ](https://www.cplaw.co.uk/insights/author/hollyholman/) ###### Holly Holman - Licensed Conveyancer T: [0345 241 3100](tel:03452413100) [ meet Holly ](https://www.cplaw.co.uk/insights/author/hollyholman/) ###### If you would like more information please contact our team by filling out the form below. > Having used CP Law Solicitors on several occasions, I warmly recommend them to anyone looking for solicitors who listen, are proactive, and who represent your interests fully on every level. In my experience, their efficiency and attention to detail are definitely above average. > > > Graham Hoare ## Wills, Trusts & Estates Insights from CP Law --- # Powers of Attorney Source: https://www.cplaw.co.uk/private-clients/powers-of-attorney.md ## Along with a Will, we consider a Lasting Power of Attorney (LPA) to be a critically important document for anyone, regardless of age, marital status or health. ### An LPA is a legal document which sets out how you (the “Donor”) want important decisions to be carried out on your behalf, should you lose the capacity to do so or simply require help from your attorneys. An LPA ensures your wishes are executed in important area such as finances, property and well-being. We have some commonly asked questions below which provide what happens if you lose capacity and there is no LPA. ![powers of attorney couple](https://www.cplaw.co.uk/wp-content/uploads/2022/12/powers-of-attorney-couple-1024x683.jpg) ### CP Law Solicitors can advise on the following: - [ Lasting Powers of Attorney ](https://www.cplaw.co.uk/private-clients/powers-of-attorney/lasting-powers-of-attorney/) - [ Court of Protection ](https://www.cplaw.co.uk/private-clients/powers-of-attorney/court-of-protection/) - Lasting Powers of Attorney: How important are they? ### FAQs about powers of attorney Property and financial affairs LPA This gives your Attorney – the person you have named as the one who will make decisions for you – power to sign cheques, withdraw money, set up direct debits or standing orders and sell property on your behalf. Personal Welfare This gives your named Attorney the power to decide where you will live, and whether or not to agree to medical treatment for you. Within either type of LPA, you can appoint one or a number of Attorneys and specify which decisions each individual must make unanimously and which they can make individually. You can impose restrictions or conditions on the exercise of their powers, give them guidance and even authorise that they be paid for their role. What is an LPA? A Lasting Power of Attorney sometimes called an LPA is a legal document. What are the benefits of making an LPA? It allows you to appoint someone of your choice called your attorney to help you if and when necessary. ### Our Wills, Trusts & Estates Team [ ![Polly-Butteris-square](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Polly-Butteris-square.jpg) ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### Polly Butteris - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Polly ](https://www.cplaw.co.uk/insights/author/pollybutteris/) [ ![Maria-Roberts-square](https://www.cplaw.co.uk/wp-content/uploads/2026/01/Maria-Roberts-square.jpg) ](https://www.cplaw.co.uk/insights/author/maria_roberts/) ###### Maria Roberts - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Maria ](https://www.cplaw.co.uk/insights/author/maria_roberts/) [ ![](https://www.cplaw.co.uk/wp-content/uploads/2022/10/holly-holman.jpg) ](https://www.cplaw.co.uk/insights/author/hollyholman/) ###### Holly Holman - Licensed Conveyancer T: [0345 241 3100](tel:03452413100) [ meet Holly ](https://www.cplaw.co.uk/insights/author/hollyholman/) ###### If you would like more information please contact our team by filling out the form below. > Having used CP Law Solicitors on several occasions, I warmly recommend them to anyone looking for solicitors who listen, are proactive, and who represent your interests fully on every level. In my experience, their efficiency and attention to detail are definitely above average. > > > Graham Hoare ## Wills, Trusts & Estates Insights from CP Law --- # Matrimonial Finances Source: https://www.cplaw.co.uk/private-clients/family-law/matrimonial-finances.md ## On divorce or separation, all of your assets (money, investments & property etc) and those of your spouse are regarded as matrimonial assets (belonging to you both), regardless of whose name they were purchased in. ### This area of family law in England and Wales can be difficult to navigate, whether or not you’re dealing with international divorce or the ending of a civil partnership. ### Similarly, debts are treated as matrimonial liabilities, although if debts have been accumulated by one party purely for their own purposes e.g. a large gambling debt, then this may be regarded as a debt of that individual and not a matrimonial debt. These collective assets and liabilities will be considered together when looking at what is a reasonable financial settlement and cost-effective solution for both of you. ### Types of Court Order **AMICABLE AGREEMENTS & CONSENT ORDERS** If the relationship between you and your spouse has remained amicable, then a settlement may be agreed upon without having to go to court, and it might be easier to reach an agreement face to face. In this situation, you should consider the following points: - The well-being of any [**children**](https://www.cplaw.co.uk/private-clients/family-law/children/)- Any outstanding debts or liabilities that you or your former spouse have- The value of any [**property**](https://www.cplaw.co.uk/private-clients/residential-property/) owned, whether joint or individually- Assets held by either party- Financial obligations and responsibilities of each party- Pension arrangements- Comparative earnings and earning potential of the spouses- Physical or mental disabilities- Contributions made to the marriage by either party, financial or otherwiseIf a settlement is agreed upon between you and your spouse, approval from the court is still required. In this situation, a Consent Order is drawn up by us which merely needs to be rubber-stamped by a judge. The court needs to be satisfied that the agreement is reasonable and that both parties understand what they have signed. **WHEN YOU CAN'T AGREE** If you have tried but failed to reach a financial settlement with your spouse we may advise you that the matter should be referred to court and an application made. This application can be made either by yourself or by your spouse. ![matrimonial finances paperwork](https://www.cplaw.co.uk/wp-content/uploads/2022/12/matrimonial-finances-paperwork-1024x683.jpg) ### Types of Court Order The court can make orders for: - Maintenance for the husband or wife;- Maintenance for children;- A lump sum for the husband or wife;- A ‘property adjustment’ or ‘transfer of property’ order;- Sharing or claiming on the other’s pension fund. ### Related Pages [![guide to financial settlements](https://www.cplaw.co.uk/wp-content/uploads/2022/11/financial-settlements-small.jpg)](https://www.cplaw.co.uk/insights/guide-to-financial-settlements/) ###### Guide to Financial Settlements> READ MORE ### Our Divorce Experts [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Lee ](https://www.cplaw.co.uk/insights/author/leepashen/) [ ![Polly-Butteris-square](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Polly-Butteris-square.jpg) ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### Polly Butteris - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Polly ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### If you would like more information please contact our team by filling out the form below. > Hugely supportive, informative and ultimately helpful service. Lee took the time to walk me through the situation, outlining where he saw issues, and helped to bring things to a successful conclusion in a very timely manner. Would strongly recommend. > > > Martyn Sylvester ## Family & Matrimonial Insights from CP Law --- # Court of Protection Source: https://www.cplaw.co.uk/private-clients/powers-of-attorney/court-of-protection.md ## The Court of Protection is a specialist Court tasked with protecting the interests of vulnerable adults of all ages who are unable to take rational decisions relating to their property and financial affairs and or their health and welfare by reason of mental incapacity. ### The Court of Protection will always act in the best interests of the incapable person. ![holding hands](https://www.cplaw.co.uk/wp-content/uploads/2022/12/holding-hands-1024x683.jpg) ### Under the Mental Capacity Act 2005: - A person must be assumed to have capacity unless it is established that they lack capacity,- A person is not to be treated as unable to make a decision unless all practical steps to help them do so have been taken without success,- A person is not to be treated as unable to make a decision merely because they make an unwise decision,- An act done or decision taken for or on behalf of an incapable person must be done or taken in the incapable person’s best interests, and- Before the act is done or a decision is taken regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the incapable person’s rights and freedoms. ### The Court of Protection can make decisions on applications relating to: - Appointment or removal of a Deputy,- Objections to the registration of an Enduring Power of Attorney or a Lasting Power of Attorney,- Cancellation of a registered Enduring Power of Attorney,- One-off decisions relating to statutory Wills, Gifts of Settlements,- One-off decisions relating to the sale of the incapacitated person’s property and appointment of a new Trustee where there is a continuing Trustee under Section 36(9) of the Trustee Act 1925 or the incapable person is the only remaining Trustee under Section 54 of the Trustee Act 1925, and- Deprivation of Liberty of an incapacitated person. ![helping hand](https://www.cplaw.co.uk/wp-content/uploads/2022/12/helping-hand-1024x683.jpg) ### Call our friendly team today on 0345 2413100 or email us for more information ### Our Wills, Trusts & Estates Team [ ![Polly-Butteris-square](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Polly-Butteris-square.jpg) ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### Polly Butteris - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Polly ](https://www.cplaw.co.uk/insights/author/pollybutteris/) [ ![Maria-Roberts-square](https://www.cplaw.co.uk/wp-content/uploads/2026/01/Maria-Roberts-square.jpg) ](https://www.cplaw.co.uk/insights/author/maria_roberts/) ###### Maria Roberts - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Maria ](https://www.cplaw.co.uk/insights/author/maria_roberts/) [ ![](https://www.cplaw.co.uk/wp-content/uploads/2022/10/holly-holman.jpg) ](https://www.cplaw.co.uk/insights/author/hollyholman/) ###### Holly Holman - Licensed Conveyancer T: [0345 241 3100](tel:03452413100) [ meet Holly ](https://www.cplaw.co.uk/insights/author/hollyholman/) ###### If you would like more information please contact our team by filling out the form below. > CP Law sympathetically and efficiently supported me in dealing with my late mother's estate. One team dealt with Inheritance Tax and Grant of Probate, which was rapidly completed. The Property team then smoothly completed the conveyancing of the house. Both teams were friendly and helpful throughout. > > > Paul Hill ## Wills, Trusts & Estates Insights from CP Law --- # Lasting Powers of Attorney Source: https://www.cplaw.co.uk/private-clients/powers-of-attorney/lasting-powers-of-attorney.md ## What is a Lasting Power of Attorney / Enduring Power of Attorney / Court of Protection Deputy? ### A Lasting Power of Attorney (LPA) is a legal document that is prepared during your lifetime at a time when you have mental capacity. In the document, you choose the people that you would like to make decisions on your behalf if you were to ever lose mental capacity. ![couple discussing options](https://www.cplaw.co.uk/wp-content/uploads/2022/12/couple-discussing-options-1024x683.jpg) ### Lasting Power of Attorney There are two types of LPA; “Property and Financial” and “Health and Welfare”. LPAs replaced Enduring Powers of Attorney in 2007. In many cases, Enduring Powers of Attorney (EPA) are still valid but if you have an EPA it is worth having it reviewed to make sure that it is valid and relevant. The Court of Protection is the Court in England and Wales that deals with decisions and actions that are taken under the Mental Capacity Act 2005. When a person loses mental capacity and does not have a valid LPA or EPA in place that person’s family may need to act on their behalf and will only be able to do so with the permission of the Court. As such a Deputyship application may need to be made to the Court of Protection. ### Why should I have a Lasting Power of Attorney? An LPA is like an insurance policy, you hope that you will have the full mental capacity right up until the end of your life, but an LPA is there just in case you lose capacity, albeit on a permanent or temporary basis. With an LPA it is you that is choosing who will make decisions on your behalf. By contrast, if you do not put an LPA in place and you lose capacity it is the Court of Protection who decide who is the best person to make decisions on your behalf. ![couple walking](https://www.cplaw.co.uk/wp-content/uploads/2022/12/couple-walking-1024x683.jpg) ![](https://www.cplaw.co.uk/wp-content/uploads/2022/12/woman-with-paperwork-1024x683.jpg) ### Why should a Solicitor or Legal Executive prepare your Lasting Power of Attorney? At CP Law Solicitors only a qualified Solicitor or Legal Executive will prepare your LPA and take you through the registration process to ensure that your matter progresses smoothly. [ Download LPA Questionaire ](https://www.cplaw.co.uk/wp-content/uploads/2023/10/LPA_Questionnaire.docx) ### Call our friendly team today on 0345 2413100 or email us for more information ### Our Wills, Trusts & Estates Team [ ![Polly-Butteris-square](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Polly-Butteris-square.jpg) ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### Polly Butteris - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Polly ](https://www.cplaw.co.uk/insights/author/pollybutteris/) [ ![Maria-Roberts-square](https://www.cplaw.co.uk/wp-content/uploads/2026/01/Maria-Roberts-square.jpg) ](https://www.cplaw.co.uk/insights/author/maria_roberts/) ###### Maria Robert - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Maria ](https://www.cplaw.co.uk/insights/author/maria_roberts/) [ ![](https://www.cplaw.co.uk/wp-content/uploads/2022/10/holly-holman.jpg) ](https://www.cplaw.co.uk/insights/author/hollyholman/) ###### Holly Holman - Licensed Conveyancer T: [0345 241 3100](tel:03452413100) [ meet Holly ](https://www.cplaw.co.uk/insights/author/hollyholman/) ###### If you would like more information please contact our team by filling out the form below. > Having used CP Law Solicitors on several occasions, I warmly recommend them to anyone looking for solicitors who listen, are proactive, and who represent your interests fully on every level. In my experience, their efficiency and attention to detail are definitely above average. > > > Graham Hoare ## Wills, Trusts & Estates Insights from CP Law --- # Divorce & Separation Source: https://www.cplaw.co.uk/private-clients/family-law/divorce-separation.md ## In divorce cases, as in most legal situations, time is of the essence. ### If you are considering a separation or divorce it’s important to get legal advice as soon as possible, ideally before you make any changes to your shared lifestyle, such as leaving the marital home. CP Law Solicitors are expert divorce solicitors and can offer you advice on your individual situation. ![divorce final decree](https://www.cplaw.co.uk/wp-content/uploads/2022/12/divorce-final-decree-1024x683.jpg) ### Fixed-fee divorce solicitors in Berkshire In many cases, when a couple agrees to part and aims to dissolve their marriage, they are still able to work together well enough in order to arrange an amicable divorce. This is usually much better for any children involved and allows both parties to move on to a new life with a minimum of hassle. CP Law divorce solicitors, based in Wokingham, offer a fixed-fee divorce package which covers the key elements of the dissolution of a marriage, including the preparation and issue of the Divorce Petition and the steps required to obtain a Decree Absolute, the final step in a divorce. Our fixed-fee divorce package offers couples an affordable way to access expert legal help as they dissolve their union. If you need divorce lawyers in Wokingham or Sunningdale, Berkshire, then arrange a consultation with us. ### Experts in family law Sadly, not all divorces are amicable. There are many reasons for a marriage to break down, and untangling the situation may prove complex, particularly when there are children, a shared business or high-value assets involved. CP Law Divorce Solicitors are experts in family law and divorce law. We can advise you on how to handle a rough separation from the initial advice on how to handle separation to the final court decree. As impartial professionals, we are able to assist couples on reaching a compromise regarding their affairs but we are also able and willing to fight for our clients in a court of law. Retaining CP Law Solicitors is the first step to ensuring that your former spouse does not take advantage of you during the divorce. We will provide expert legal advice and assistance at every stage of the process. This is particularly important if you have concerns for your safety or the safety of your children. ### Starting divorce proceedings We understand that contacting divorce solicitors and beginning divorce proceedings is almost universally unpleasant. We aim to make a difficult process as smooth and easy as possible for our clients, so if you have questions about your divorce or separation or wish to retain us, please contact CP Law Solicitors today. ## What to consider There are three important areas to consider when getting a separation or divorce; the divorce itself, which is the process that legally ends the marriage, the legal process of sorting out the policy and financial issues, and the arrangements for children if you have them. **Reasons for Divorce** - Before you can obtain a divorce, you must have been married for a year. The relationship must have also broken down without any hope of getting back together; this is called an irretrievable break down. ### What Happens next? There are 3 main stages involved in the divorce itself – Filing the divorce petition, applying for a Conditional Order and getting a Financial Order, all of which we will handle with the utmost privacy and discretion. Step 1: Filing the Divorce Petition The divorce petition itself is a long document that has to be prepared on your behalf. It contains all the details of the marriage including where and when you got married, details of any children of the marriage (and children from previous relationships), together with details of the grounds that you are planning on using to support the divorce. ‘Filing’ actually means sending this to the court along with the court fee. The court will then serve this document on the other party, who in return fills out and sends back to the court an ‘Acknowledgement of service’ (If they don’t do this then you can apply to have bailiffs service – where a bailiff serves the document on the other party. The bailiff’s confirmation can then be used instead of the acknowledgement of service. Step 2: Applying for a Conditional Order The next part of the divorce process is known as a Conditional Order. This is the first stage of the actual divorce. The Judge reviews all the paperwork and if he or she is satisfied that there are proper grounds for a divorce, the court will file a certificate to that effect, fix a date for a Conditional Order and send notice to the parties. If the court is not satisfied, then you are provided with the chance to file further evidence. If this fails then a date is fixed for a hearing in court. This is rare, however. At this stage, the Judge will also check that all financial issues, employment issues and arrangements for the children have been agreed upon or are in the process of reaching a resolution. Step 3: Getting a Financial Order You must wait for six weeks and one day from the date of a Conditional Order before applying for the final stage of a divorce called a Financial Order. When that is granted, the divorce has taken place. There is no hearing. The application to the court is made on a standard form. When you receive a Financial Order, you are no longer married and are free to re-marry. The court will only grant a Financial Order when the Judge agrees that all arrangements for the children are now satisfactory. How long will it take? The divorce process is likely to take between 3-4 months to complete. However, it will take longer if there are disagreements about children or money that cannot be settled without going to court. ![](https://www.cplaw.co.uk/wp-content/uploads/2022/12/divorce-rings-1024x683.jpg) [ Fixed fee divorces ](https://www.cplaw.co.uk/private-clients/family-law/fixed-fee-divorce/) [ Collaborative Law ](https://www.cplaw.co.uk/private-clients/family-law/collaborative-law/) ### Call our friendly team today on 0345 2413100 or email us for more information ### Our Divorce & SEPARATION Experts [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Lee ](https://www.cplaw.co.uk/insights/author/leepashen/) [ ![Polly-Butteris-square](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Polly-Butteris-square.jpg) ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### Polly Butteris - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Polly ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### If you would like more information please contact our team by filling out the form below. > Hugely supportive, informative and ultimately helpful service. Lee took the time to walk me through the situation, outlining where he saw issues, and helped to bring things to a successful conclusion in a very timely manner. Would strongly recommend. > > > Martyn Sylvester ## Family & Matrimonial Insights from CP Law --- # Fixed Fee Divorce Source: https://www.cplaw.co.uk/private-clients/family-law/fixed-fee-divorce.md ## The CP Law Solicitors Fixed Fee Divorce covers all steps from initial instructions through to the Final Order in divorce cases or the Decree in judicial separations. ![fixed fee divorce costs](https://www.cplaw.co.uk/wp-content/uploads/2022/12/fixed-fee-divorce-costs-1024x683.jpg) How much will it cost? Assuming that the divorce or judicial separation is straightforward, the cost will be £1,812 which is payable in two instalments of £1,000 and £812. | Our Fees: | £1,000 | | --------- | ------- | | VAT: | £200 | | Court fees: | £612 | | Total: | £1,812 |   What work is covered? This plan covers the preparation and issue of the Divorce Petition and all the steps that need to be taken to obtain Decree Absolute. What work is not covered? The other problem that may occur, and which will increase the fees, is if your spouse fails to return the acknowledgement of service. On issuing the papers, the Court posts the Petition to your spouse or their solicitors together with an Acknowledgement of Service form. If your spouse fails to complete and return the Acknowledgement form it may become necessary to have a further set of the papers served personally by the Court Bailiff so that the divorce can progress. If this is necessary, there will be a further cost for the Bailiff service fee. Usually we are able to give you a clear indication, in advance, of the likely cost. How will any subsequent proceedings relating to your property or any children be paid for? You will be charged on an hourly rate basis. Please contact Lee Pashen for further information. You will usually need to resolve the financial aspects of your separation and issues concerning any children before the Decree Absolute is granted. Any work we undertake will be charged at our usual hourly rate. However, we can usually give you a clear indication of the likely fees involved if you have reached an agreement in respect of the financial aspects of your separation in advance. Any agreement will need to be recorded in a Consent Order. If the financial aspects of your separation have not been resolved, these will need to be addressed. ### Our Divorce Experts [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Lee ](https://www.cplaw.co.uk/insights/author/leepashen/) [ ![Polly-Butteris-square](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Polly-Butteris-square.jpg) ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### Polly Butteris - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Polly ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### If you would like more information please contact our team by filling out the form below. > Hugely supportive, informative and ultimately helpful service. Lee took the time to walk me through the situation, outlining where he saw issues, and helped to bring things to a successful conclusion in a very timely manner. Would strongly recommend. > > > Martyn Sylvester ## Family & Matrimonial Insights from CP Law --- # Collaborative Law Source: https://www.cplaw.co.uk/private-clients/family-law/collaborative-law.md ## We are pleased to offer a new way of resolving family law matters, including divorce, separation and parenting disputes. ### Collaborative practice allows you and your partner to work with specially-trained Collaborative lawyers. You will each receive legal advice and guidance and together with your lawyers discuss and resolve issues through face-to-face meetings. Provided everyone enters the process in good faith, the process is faster and less acrimonious than court proceedings. For more information on Collaborative Practice see the Resolution website. ![collaborative law](https://www.cplaw.co.uk/wp-content/uploads/2022/12/collaborative-law-couple-1024x683.jpg) Lee Pashen of CP Law Solicitors has been accredited with the Resolution specialist status. Resolution is an organisation of lawyers and family justice professionals who believe in a constructive, non-confrontational approach to family law; disputes are dealt with in a way designed to preserve people’s dignity and to encourage agreements. Resolution specialist status is only accredited to lawyers who have submitted themselves to a rigorous assessment to demonstrate the highest levels of knowledge, practical application of the law and best practice. Lee Pashen’s accreditation as a specialist family and matrimonial solicitor has been awarded in the areas of financial provision which involves resolving the financial arrangements following the breakdown of a marriage and cohabitation disputes between non-married couples. The Resolution scheme (formerly known as the Solicitors Family Law Association), above all others, is tried and trusted and widely recognised as giving the public a reliable means of identifying family law specialists. For more information on Resolution please see [**resolution.org.uk**](https://resolution.org.uk/) Or alternatively please contact: Lee Pashen on [**0118 974 7923**](tel:01189747923) / [**leep@cplaw.co.uk**](mailto:leep@cplaw.co.uk) Further information on collaborative law: [**Why Collaborative Law is the best way to resolve family and matrimonial disputes**](https://www.cplaw.co.uk/wp-content/uploads/2022/11/Collaborative_Law.pdf) ![collaborative law](https://www.cplaw.co.uk/wp-content/uploads/2022/12/collaborative-law-documents-1024x683.jpg) ### Our Divorce & SEPARATION Experts [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Lee ](https://www.cplaw.co.uk/insights/author/leepashen/) [ ![polly butteris](https://www.cplaw.co.uk/wp-content/uploads/2022/11/Polly-Butteris-square.jpg) ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### Polly Butteris - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Polly ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### If you would like more information please contact our team by filling out the form below. > Hugely supportive, informative and ultimately helpful service. Lee took the time to walk me through the situation, outlining where he saw issues, and helped to bring things to a successful conclusion in a very timely manner. Would strongly recommend. > > > Martyn Sylvester ## Family & Matrimonial Insights from CP Law --- # Domestic Abuse Source: https://www.cplaw.co.uk/private-clients/family-law/domestic-abuse.md ## A Non- Molestation Order is the most common injunction sought by clients. ### To obtain a Non-Molestation Order you must show that you have suffered threatening physical violence, or you wish to prevent a person from harassing, pestering and/or intimidating you. ![](https://www.cplaw.co.uk/wp-content/uploads/2023/04/non-molestation-order-1-1024x683.jpg) ### Non Molestation Order The Court will place a time limit on a Non-Molestation Order. An Order will exist for a minimum six-month period unless the Court deems it necessary to extend the term to twelve months. The onus is on the person making the application (the applicant) to show that the behaviour is of a serious nature. Once the Order has ended the Applicant will if necessary have to make a fresh application to the Court to extend the Order. A Non-Molestation Order can place restrictions over the individual (the respondent) against who the Order is sought. An Order can prevent someone from entering and/or coming near the Applicant’s residence. A Non-Molestation Order can restrict how close someone can come to a particular individual. If an individual breaches any Order made by the Court, the Police should be informed immediately. The Police have the authority to arrest any individual found to have breached a Non-Molestation Order. ### Occupation Order For the Court to make an Occupation Order, the Applicant must be deemed to have reached the higher threshold that must be proven being that significant harm attributable to conduct of another party has or is likely to be suffered. The Court would rather revert to a Non-Molestation Order rather than an Occupation Order to achieve this. An Occupation Order sets out who should remain and who should be excluded from the Family Home. By granting an Occupation Order the Court is removing a party’s right to remain in a property that may legally be entitled to occupy. The Court will grant the Order for an initial six-month period. The Court does have the power to extend to an indefinite period, but it is rare for the Court to do so. ![occupation order](https://www.cplaw.co.uk/wp-content/uploads/2023/04/occupation-order-1-1024x683.jpg) ### Our Divorce & SEPARATION Experts [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Lee ](https://www.cplaw.co.uk/insights/author/leepashen/) [ ![Polly-Butteris-square](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Polly-Butteris-square.jpg) ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### Polly Butteris - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Polly ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### If you would like more information please contact our team by filling out the form below. > I would like to thank you very much for helping me resolving my situation that has burdened me for a long time. I am grateful for your hard work, for being helpful and understanding. If I would ever need, and I hope not, I will contact you again. > > > Jitka Kubickova ## Family & Matrimonial Insights from CP Law --- # Injunctions Source: https://www.cplaw.co.uk/private-clients/family-law/injunctions.md ## A common question we are asked at CP Law Solicitors is ### “What is the difference between an injunction also known as a restraining order or a non-molestation order?" ![](https://www.cplaw.co.uk/wp-content/uploads/2023/04/injunctions-argument-1024x683.jpg) An Injunction is to prevent someone from doing something and in Family Law is to prevent someone from causing you harm. Harm is defined as ‘the harassment, threatening of, intimidation of another putting that person in fear of and/or have suffered psychological, verbal, sexual and/or financial abuse’. The two main injunctions available to any prospective client who is in fear and/or has suffered harm is a Non-Molestation Order granted by the Family Court or Civil Court and a Restraining Order granted by a criminal court. The party who complains of the behaviour of the accused is known as the victim and the accused is known as the perpetrator. The parties are known to each other. A restraining order can be given by a criminal court after a conviction for any criminal offence. The perpetrator is known as the Defendant in criminal proceedings. The purpose of a restraining order is a preventative and protective measure. A restraining order can last for 12 months but can be made for longer depending on the severity of the behaviour complained of. A Non-Molestation order is made in respect of the victim who is known as the applicant. The perpetrator is known as the respondent. A non-molestation order does not involve the police unless the order is breached by the perpetrator. Breaching a non-molestation order is a criminal offence that can result in the perpetrator being taken to the criminal court. The criminal courts have a range of sentencing options available to them. The maximum sentence is 5 years imprisonment and a fine. A non-molestation order usually lasts from between 6-12 months but sometimes they can be ‘until further notice’ or extended where appropriate. ![injunctions woman](https://www.cplaw.co.uk/wp-content/uploads/2023/04/injunctions-woman-1024x683.jpg) ![injunctions couple](https://www.cplaw.co.uk/wp-content/uploads/2023/04/injunctions-couple-1024x683.jpg) The purpose of both are to stop the perpetrator from carrying out the following:- - Contacting someone (victim or their friends and family) in any way- Physically assaulting someone (victim or their friends and family)- Harassing someone (victim or their friends and family) over the phone or via social media- Following someone (victim or their friends and family) on the street- Anything else that puts someone (victim or their friends and family) in fear of their safetyIf you wish to discuss any family matter then please contact our office and ask for **[Lee](https://www.cplaw.co.uk/insights/author/leepashen/)**, we will be happy to discuss your options further. [ HOW TO APPLY FOR A NON MOLESTATION ORDER ](https://www.cplaw.co.uk/insights/non-molestation-order-how-to-apply/) ### Our Divorce & SEPARATION Experts [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Lee ](https://www.cplaw.co.uk/insights/author/leepashen/) [ ![Polly-Butteris-square](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Polly-Butteris-square.jpg) ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### Polly Butteris - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Polly ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### If you would like more information please contact our team by filling out the form below. > I would like to thank you very much for helping me resolving my situation that has burdened me for a long time. I am grateful for your hard work, for being helpful and understanding. If I would ever need, and I hope not, I will contact you again. > > > Jitka Kubickova ## Family & Matrimonial Insights from CP Law --- # Children Source: https://www.cplaw.co.uk/private-clients/family-law/children.md ## Many people seem to believe that upon divorce the Courts automatically make decisions about issues such as with whom the children will live with. ### They do not. The vast majority of divorces do not result in any Court Order with regard the children. ![children tent](https://www.cplaw.co.uk/wp-content/uploads/2022/12/children-tent-1024x683.jpg) ### What if you can’t agree? If all attempts at agreement have failed, you may have to consider court action. The courts base their decisions on the welfare of the child and will only make an order if it is in the best interests of the child. The courts will consider: - The child’s feelings and wishes, dependent upon their age and understanding;- The physical, emotional and educational needs of the child;- The likely effects of any changes in his circumstances;- Any harm that the child may have suffered or any potential risk of harm;- How capable each parent is of meeting the child’s needs ### What kind of orders can the courts make? There are different types of court orders, as follows: - Child Arrangements Order- ‘Prohibited steps orders’ prevent a child’s parents, or any other named person, from taking certain steps, such as taking a child abroad without first getting the court’s permission.- ‘Specific issues orders’ set out precisely how a particular matter about the children should be handled such as their schooling. ![children holding hands](https://www.cplaw.co.uk/wp-content/uploads/2022/12/children-holding-hands-1024x683.jpg) [ Guide to Children and Going to Court ](https://www.cplaw.co.uk/insights/guide-to-children-and-going-to-court/) [ Child Arrangements Order ](https://www.cplaw.co.uk/private-clients/family-law/child-arrangements-order/) ### Our Divorce & SEPARATION Experts [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Lee ](https://www.cplaw.co.uk/insights/author/leepashen/) [ ![polly butteris](https://www.cplaw.co.uk/wp-content/uploads/2022/11/Polly-Butteris-square.jpg) ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### Polly Butteris - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Polly ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### If you would like more information please contact our team by filling out the form below. > Hugely supportive, informative and ultimately helpful service. Lee took the time to walk me through the situation, outlining where he saw issues, and helped to bring things to a successful conclusion in a very timely manner. Would strongly recommend. > > > Martyn Sylvester ## Family & Matrimonial Insights from CP Law --- # Child Arrangements Order Source: https://www.cplaw.co.uk/private-clients/family-law/child-arrangements-order.md ## Residence and Contact orders under section 8 (paragraph 1) of Children Act 1989 were amended by the Children and Families Act 2014 which introduces Child Arrangements Orders in their place. ### The provisions concerning Child Arrangements Orders came into force on 22 April 2014. ![child arrangement order building](https://www.cplaw.co.uk/wp-content/uploads/2022/12/child-arrangement-order-building-1024x683.jpg) A Child Arrangements Order is indicated to mean an order regulating arrangements relating to any of the following: - With whom a child is to live, spend time or otherwise have contact- When a child is to live, spend time or otherwise have contact with any personIn reality there is little difference between the previously used Residence and Contact Orders and what is now in force. However, the removal of Residence Orders will give less emphasis to the “possession” by the main carer of the child of such an order as the new child arrangements order are far more generic and softer in their language whilst achieving exactly the same result. Furthermore an introduction of a mandatory Mediation Information Assessment Meeting (MIAM) to take place before an application or hearing for both parties looks to promote more amicable and reasoned approach to proceedings. These take place with a third party independent mediator. Should mediation fail, the proceedings will take place and a CAFCASS (Children and Family Court Advisory and Support Service) officer is appointment to safeguard the best interests and wishes of the children. It is unlikely that the introduction of Child Arrangements Orders will in itself lead to less cases coming before family court judges, but it certainly will have a neutralising impact on the perceived importance of holding a Residence Order and place more emphasis on the ensuring the best outcome for the child’s welfare. Certain categories of people are entitled to make an application for a Child Arrangements Order under section 8 of Children Act 1989 without having to seek permission from the court first. These include: the parent or guardian of a child; any person with parental responsibility; any person who holds a Residence Order in respect of the child; any party to a marriage or civil partnership where the child is a child of the family; anyone with whom the child has lived for at least three years; anyone who has obtained prior consent of a person who holds a Residence Order, is in care of Local Authority or anyone with parental responsibility for the child. ![child arrangement order bike](https://www.cplaw.co.uk/wp-content/uploads/2022/12/child-arrangement-order-bike-1024x683.jpg) ![child arrangement order children](https://www.cplaw.co.uk/wp-content/uploads/2022/12/child-arrangement-order-children-1024x683.jpg) Other people can also make an application to the court for permission to issue an application for a Child Arrangements Order. In deciding whether to give permission the court will take into account several factors, such as: - The nature of the application- The applicant’s connection with the child- The risk there might be of the proposed application disrupting the child’s life to such an extent that they should be harmed by itIt is via this route that wider family members such as grandparents are able to apply for orders in respect of their grandchildren. It should be noticed that both Specific Issues Orders and Prohibited Steps Orders are to remain in place. Prohibited Steps Orders prevent a child’s parents, grandparents or any other named person, from taking certain steps, such as taking a child abroad without first getting the court’s permission or preventing a child receiving medical treatment. Specific Issues Orders set out precisely how a particular matter about the children should be handled such as their schooling , religion, change of name and relocation whether international or within the UK. ![child arrangement order rug](https://www.cplaw.co.uk/wp-content/uploads/2022/12/child-arrangement-order-rug-1024x683.jpg) ### Our Divorce & SEPARATION Experts [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Lee ](https://www.cplaw.co.uk/insights/author/leepashen/) [ ![polly butteris](https://www.cplaw.co.uk/wp-content/uploads/2022/11/Polly-Butteris-square.jpg) ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### Polly Butteris - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Polly ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### If you would like more information please contact our team by filling out the form below. > I would like to thank you very much for helping me resolving my situation that has burdened me for a long time. I am grateful for your hard work, for being helpful and understanding. If I would ever need, and I hope not, I will contact you again. > > > Jitka Kubickova ## Family & Matrimonial Insights from CP Law --- # Civil Partnership Source: https://www.cplaw.co.uk/private-clients/family-law/civil-partnership.md ## What is a Civil Partnership ### A civil partnership is a legal relationship which can be registered by two people who are not related to each other. They are available to both same-sex couples and opposite-sex couples. ![civil partnership couple](https://www.cplaw.co.uk/wp-content/uploads/2023/04/civil-partnership-couple-1024x683.jpg) Registering a civil partnership will give your relationship legal recognition. This will give you added legal rights and responsibilities. Once you have registered a civil partnership, it can only be ended if one of you dies, or by applying to court to bring the partnership legally to an end. As is the case with a marriage you cannot apply to bring a civil partnership to an end until it has lasted for at least one year. ### Our Divorce & SEPARATION Experts [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Lee ](https://www.cplaw.co.uk/insights/author/leepashen/) [ ![Polly-Butteris-square](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Polly-Butteris-square.jpg) ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### Polly Butteris - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Polly ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### If you would like more information please contact our team by filling out the form below. > I would like to thank you very much for helping me resolving my situation that has burdened me for a long time. I am grateful for your hard work, for being helpful and understanding. If I would ever need, and I hope not, I will contact you again. > > > Jitka Kubickova ## Family & Matrimonial Insights from CP Law --- # Cohabitation Source: https://www.cplaw.co.uk/private-clients/family-law/cohabitation.md ## The law on unmarried couples is quite different to the law on married couples. There is no such status as a common law spouse. ### The basic rule is that you are treated in a similar way as if two flatmates decided they were going to move out – so that starting point is basically that you take out of the situation what you brought into it. ![](https://www.cplaw.co.uk/wp-content/uploads/2022/12/cohabitation-agreements-1024x683.jpg) ### Cohabitation Agreements It is advisable for couples who live together without marrying or registering a Civil Partnership to seriously consider the making of a properly drawn up agreement, particularly if you have children. Cohabitation Agreements are being increasingly taken into account by the Court at the end of a relationship or death of a partner, as an indication of the couple’s intentions regarding their assets. [ Contact Us ](https://www.cplaw.co.uk/contact-cp-law-solicitors/) ### Declaration of Trust When buying a property you also need to consider a Declaration of Trust (also called a Trust Deed). This is a statement, which indicates whether the property is to be held in equal or unequal shares. The declaration makes it clear how much property is owned by whom and states the contributions made by each person at the time of purchase. It also records what is to happen to the sale proceeds when the property is sold. As a further option the document can contain a right of first refusal in the event of one party wishing to dispose of their share in the property. ![](https://www.cplaw.co.uk/wp-content/uploads/2022/12/declarations-of-trust-1024x683.jpg) ### Our Divorce & SEPARATION Experts [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Lee ](https://www.cplaw.co.uk/insights/author/leepashen/) [ ![Polly-Butteris-square](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Polly-Butteris-square.jpg) ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### Polly Butteris - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Polly ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### If you would like more information please contact our team by filling out the form below. > I would like to thank you very much for helping me resolving my situation that has burdened me for a long time. I am grateful for your hard work, for being helpful and understanding. If I would ever need, and I hope not, I will contact you again. > > > Jitka Kubickova ## Family & Matrimonial Insights from CP Law --- # Family Law Source: https://www.cplaw.co.uk/private-clients/family-law.md ## Whether requiring a divorce solicitor following the unfortunate breakdown of a marriage or relationship or a family solicitor in relation to matters concerning contact with your child, we have a wealth of experience in all aspects of such proceedings and those similar. ### All of our family and matrimonial solicitors at CP Law are members of Resolution committed to the constructive resolution of family disputes. **[Lee Pashen](https://www.cplaw.co.uk/)**, the Head of our Dispute Resolution department, has been continually recognised by Resolution as a “specialist” within the area of Matrimonial and Family Law for over a decade and accredited by Resolution with such specialist status. Our highly experienced and highly recommended family law solicitors in Berkshire, Hampshire and Surrey can offer legal advice to each of our clients, handle potential divorce proceedings, and discuss financial settlements and pre and post nuptial agreements to help our clients reach an agreement with one another. Our team of family lawyers are well versed in handling sensitive matters. CP Law is comfortable discussing any difficult topics with our clients, such as financial matters, court orders, civil partnership breakdowns or helping you understand just how the divorce process could affect your [**child arrangements**](https://www.cplaw.co.uk/private-clients/family-law/child-arrangements-order/). ![family law wishes](https://www.cplaw.co.uk/wp-content/uploads/2022/12/family-law-wishes.jpg) ### CP Law Solicitors can advise on the following: - [ Divorce ](https://www.cplaw.co.uk/private-clients/family-law/divorce-separation/) - [ Separation ](https://www.cplaw.co.uk/private-clients/family-law/divorce-separation/) - [ Matrimonial Finances ](https://www.cplaw.co.uk/private-clients/family-law/matrimonial-finances/) - [ Financial provision on divorce ](https://www.cplaw.co.uk/private-clients/family-law/matrimonial-finances/) - Pre and post nuptial Agreements - [ Cohabitation & Living Together Agreements ](https://www.cplaw.co.uk/private-clients/family-law/cohabitation/) - [ Civil Partnership ](https://www.cplaw.co.uk/private-clients/family-law/civil-partnership/) - [ Children ](https://www.cplaw.co.uk/private-clients/family-law/children/) - [ Child Arrangements Order ](https://www.cplaw.co.uk/private-clients/family-law/child-arrangements-order/) - Interests in property - [ Injunctions ](https://www.cplaw.co.uk/private-clients/family-law/injunctions/) - [ Domestic Abuse ](https://www.cplaw.co.uk/private-clients/family-law/domestic-abuse/) - [ Enforcement of Financial Orders ](https://www.cplaw.co.uk/insights/enforcing-financial-orders-upon-divorce/) - [ Collaborative Law ](https://www.cplaw.co.uk/private-clients/family-law/collaborative-law/) ### Our Family & Matrimonial Experts [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Lee ](https://www.cplaw.co.uk/insights/author/leepashen/) [ ![Polly-Butteris-square](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Polly-Butteris-square.jpg) ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### Polly Butteris - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Polly ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### If you would like more information please contact our team by filling out the form below. > I would like to thank you very much for helping me resolving my situation that has burdened me for a long time. I am grateful for your hard work, for being helpful and understanding. If I would ever need, and I hope not, I will contact you again. > > > Jitka Kubickova ## Family & Matrimonial Insights from CP Law --- # Guide to Unfair Dismissals Source: https://www.cplaw.co.uk/private-clients/employment-law/guide-to-unfair-dismissals.md ## Many businesses will at some stage face the difficult task of having to dismiss an employee or a group of employees. Dismissals occur where: - The employer terminates the contract;- A limited-term contract ends and isn’t renewed;- The employee resigns in circumstances where they’re entitled to do so because of the employer’s actions.A dismissal is fair or unfair depending on the reason for dismissal and whether the employer acts reasonably during the dismissal process. If you are looking to make an unfair dismissal claim, book an appointment with one of our unfair dismissal solicitors, based in Berkshire. We can talk you through your available options and guide you throughout the process. ![constructive dismissals](https://www.cplaw.co.uk/wp-content/uploads/2022/12/constructive-dismissals-1024x683.jpg) ### Constructive dismissal Constructive dismissal occurs where an employee resigns because the employer has substantially breached their employment contract. Examples could include: - Cutting a worker’s wages without agreement;- Unlawfully demoting them;- Allowing colleagues to subject them to harassment, bullying, victimisation, humiliation or discrimination;- Unfairly increasing their workload;- Changing the location of their workplace at short notice;- Making them work in dangerous conditions.The breach of contract can result from either a single serious event or the last in a series of less serious events. Consequently, the individual may claim constructive, unfair dismissal at an employment tribunal. If you’re looking for advice on employment tribunals, you can contact one of our local unfair dismissal solicitors based throughout Berkshire. ### Wrongful dismissal Wrongful dismissal is where a contractual term is broken in the dismissal process, e.g. dismissal without giving proper notice. In cases of gross misconduct – such as fighting or theft – employers may dismiss without giving any notice. **ELIGIBILITY TO COMPLAIN TO A TRIBUNAL **Employees can usually claim unfair dismissal only if they have worked for the employer at least one year if employed prior to 6 April 2012 or at least 2 years if employed since 6 April 2012. However, a number of dismissals require no minimum period of employment – and are also automatically unfair, i.e. the tribunal will find that they are unfair even if the employer followed a correct dismissal procedure. ![wrongful dismissal](https://www.cplaw.co.uk/wp-content/uploads/2022/12/wrongful-dismissal-1024x683.jpg) ![automatically unfair reasons](https://www.cplaw.co.uk/wp-content/uploads/2022/12/automatically-unfair-reasons-1024x683.jpg) **AUTOMATICALLY UNFAIR REASONS FOR DISMISSAL **The tribunal will hold the dismissal of an employee to be unfair if they are dismissed or selected for redundancy due to:** ** - Pregnancy and childbirth- Parental leave- Health & safety reasons- Whistle blowing- Victimisation- Acting as a representative- Seeking flexible working- Jury service- Taking part in protected industrial action**PENALTIES FOR UNFAIR DISMISSALS** If an employment tribunal finds that an employee has been unfairly dismissed, it may order the employer to reinstate or re-engage them. More commonly, a tribunal will award compensation, made up of a basic award which depends on the employee’s age, gross weekly pay and length of service, and a compensatory award. **REASONS FOR FAIR DISMISSALS** In certain circumstances, an employer will fairly dismiss an employee where it relates to capability or conduct, [**redundancy**](https://www.cplaw.co.uk/private-clients/employment-law/guide-to-redundancy/), illegality or some other substantial reason (SOSR). A CLAIM FOR UNFAIR DISMISSAL MUST BE MADE WITHIN 3 MONTHS OF BEING DISMISSED You may wish to take alternative actions and if your employer consents, can opt for a **[settlement agreement](https://www.cplaw.co.uk/private-clients/employment-law/settlement-agreement/)**. Please note, if you accept an agreement you cannot make a claim in a tribunal for the same issue. ![penalties](https://www.cplaw.co.uk/wp-content/uploads/2022/12/penalties-1024x683.jpg) ### Related Pages [![guide to redundancy](https://www.cplaw.co.uk/wp-content/uploads/2022/12/guide-to-redundancy-small.jpg)](https://www.cplaw.co.uk/private-clients/employment-law/guide-to-redundancy/) ###### Guide to Redundancy> READ MORE [![employment law](https://www.cplaw.co.uk/wp-content/uploads/2022/12/employment-law-small.jpg)](https://www.cplaw.co.uk/private-clients/employment-law/) ###### Employment Law> READ MORE [![settlement agreements](https://www.cplaw.co.uk/wp-content/uploads/2022/12/settlement-agreement-small.jpg)](https://www.cplaw.co.uk/private-clients/employment-law/settlement-agreement/) ###### Settlement Agreements> READ MORE ### Our Employment Law Experts [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen-long.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Lee ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### If you would like more information please contact our team by filling out the form below. > Five star outcomes from Charles and his team at CP Law. I have enjoyed quality service and cost efficiency for over 10 years. > > > N Wiszowaty ## Employment Law Insights from CP Law --- # Settlement Agreement Source: https://www.cplaw.co.uk/private-clients/employment-law/settlement-agreement.md ## Settlement agreements are legally binding contracts that waive an individual’s rights to make a claim covered by the agreement to an employment tribunal or court. ### The agreement must be in writing and they usually include some form of payment to the employee and may often include a reference. They are voluntary and can be offered at any stage of an employment relationship. ![settlement agreement overview](https://www.cplaw.co.uk/wp-content/uploads/2022/12/settlement-agreement-overview-1024x683.jpg) The reason it has to be a settlement agreement (rather than just an ordinary contract or agreement) is that the law gives employees special protection in these situations. The protection means that the only valid way an employee can waive their ability to make a statutory employment tribunal claim against their employer, is through an agreement which takes a specific legal form and on which the employee receives advice from a legal adviser. This special agreement is called a settlement agreement. ### What is in a Settlement Agreement? A settlement agreement sets out the terms that have been agreed between an employer and employee in relation to the termination of employment. This will usually involve the employer agreeing to pay the employee some money in exchange for the employee agreeing not to bring any employment related claim against the employer. The agreement will also: - Record the employment claims the employee is being asked to waive;- Record the date of termination of employment;- Record the termination payment to be made to the employee;- Contain provisions as to the tax treatment of the termination payment, and an indemnity from the employee that they will be responsible for any tax which is due over and above what the company actually deducts;- Contain standard provisions on return of property, confidentiality and not making derogatory statements about the company after termination;- Contain a clause providing that the company will contribute a sum of money towards the employee’s legal fees (which the legal adviser invoices directly to the employer).There may also be further terms that are individual to the employee concerned. ![what is a settlement agreement](https://www.cplaw.co.uk/wp-content/uploads/2022/12/what-is-a-settlement-agreement-1024x683.jpg) ![](https://www.cplaw.co.uk/wp-content/uploads/2022/12/settlement-agreement-costs-1-1024x683.jpg) ### Legal Requirements -  The agreement must be in writing;- The agreement must relate to a particular complaint or particular proceedings.- The employee must have received independent legal advice on the agreement and in particular on its effect on their ability to pursue the statutory rights in question.- The adviser must be identified in the agreement. The adviser must have insurance in relation to the advice.- The agreement must state that the conditions regulating settlement agreements in the relevant legislation have been met.- The employee and adviser must both sign the agreement. ### Related Pages [![guide to redundancy](https://www.cplaw.co.uk/wp-content/uploads/2022/12/guide-to-redundancy-small.jpg)](https://www.cplaw.co.uk/private-clients/employment-law/guide-to-redundancy/) ###### Guide to Redundancy> READ MORE [![guide to unfair dismissals](https://www.cplaw.co.uk/wp-content/uploads/2022/12/guide-to-unfair-dismissals-small.jpg)](https://www.cplaw.co.uk/private-clients/employment-law/guide-to-unfair-dismissals/) ###### Guide to unfair dismissals> READ MORE [![employment law](https://www.cplaw.co.uk/wp-content/uploads/2022/12/employment-law-small.jpg)](https://www.cplaw.co.uk/private-clients/employment-law/) ###### Employment Law> READ MORE ### Our Employment Law Experts [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Lee ](https://www.cplaw.co.uk/insights/author/leepashen/) [ ![marianne tyndall](https://www.cplaw.co.uk/wp-content/uploads/2022/10/marianne-tyndall.jpg) ](https://www.cplaw.co.uk/insights/author/mariannetyndall/) ###### Marianne Tyndall - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Marianne ](https://www.cplaw.co.uk/insights/author/mariannetyndall/) ###### If you would like more information please contact our team by filling out the form below. > Five star outcomes from Charles and his team at CP Law. I have enjoyed quality service and cost efficiency for over 10 years. > > > N Wiszowaty ## Employment Law Insights from CP Law --- # Guide to Redundancy Source: https://www.cplaw.co.uk/private-clients/employment-law/guide-to-redundancy.md ## What is redundancy? A redundancy arises when an employer has to reduce her/his workforce. ### The situations in which redundancies are most likely to arise are: an organisation closes down; part of an organisation closes down; the requirement for particular work reduces or disappears. ![](https://www.cplaw.co.uk/wp-content/uploads/2022/12/voluntary-redundancy-1024x683.jpg) ### What is voluntary redundancy? This occurs where an employer informs its employees that redundancies need to be made and invites them to volunteer to be considered for redundancy. The employer then selects from those who have volunteered, based on the need for particular skills or expertise. ### Fair and unfair dismissals (compulsory redundancy) The Employment Rights Act 1996 lists potentially fair reasons for dismissing an employee; redundancy is one of those reasons. Redundancy **[dismissals can be found to be unfair if](https://www.cplaw.co.uk/private-clients/employment-law/guide-to-unfair-dismissals/)**: - proper consultation and selection procedures are not followed;- inadequate warning of redundancy is given;- if the employer fails to consider alternative employment for the employee. ### Fair selection In order to fairly select employees for redundancy, the employer must use clear, objective selection criteria. Once the criteria have been adopted they must be consistently applied. The employer must be able to show that an employee was fairly selected and that when selecting a particular employee they used the agreed selection criteria, and where a number of employees are possibly affected by the redundancy, they have all been compared in relation to the criteria. Any redundancy selection criteria that discriminate, either directly on grounds of sex (including pregnancy), race, sexual orientation, religion or belief, disability, fixed-term or part-time status, or which indirectly have that effect, will generally result in a finding of unfairness (in addition to a finding of unlawful discrimination). Selection on the basis of age alone will be unlawful discrimination and it is unlikely that it would be possible to objectively justify selection on that basis. ![fair selection](https://www.cplaw.co.uk/wp-content/uploads/2022/12/fair-selection-1024x683.jpg) ![consultation](https://www.cplaw.co.uk/wp-content/uploads/2022/12/consultation-1024x683.jpg) ### Consultation [**Employers**](https://www.cplaw.co.uk/business-clients/employment-law-for-employers/) have a statutory duty to consult ‘in good time’ where more than 20 employees are to be made redundant. If the redundancies are to be made within a period of 90 days, consultation by law must begin at least 30 days before the first dismissal takes effect. If 100 or more employees are affected than consultation must begin at least 45 days before the first of the dismissals takes effect. Employers who recognise independent trade unions must consult with representatives of that union, even if the affected employees are not members of the union. Where there is no recognised union, the employer must consult with employee representatives. A failure to consult can lead to an Employment Tribunal awarding compensation called a “protective award”. If 20 or more employees are to be made redundant, the employer must also give the Insolvency Service Redundancy Payments Service (RPS) written notification of the redundancies at least 30 days before the first dismissal takes place and give copies of the notice to the representatives. Failure to notify is a criminal offence. ### Individual consultation In addition to collective redundancy consultation, employees have a right to be consulted individually. Even if an organisation only has one employee, they are under a legal obligation to consult with the individual. Employment tribunals have stated that 2 meetings with an individual with at least a 2-week gap between them provide a fair individual consultation process. ![individual consultation](https://www.cplaw.co.uk/wp-content/uploads/2022/12/individual-consultation-1024x683.jpg) ![alternative employment](https://www.cplaw.co.uk/wp-content/uploads/2022/12/alternative-employment-1024x683.jpg) ### Alternative employment As part of the consultation process, employers should consider whether employees likely to be affected by redundancy can be offered suitable alternative work. It is the employer’s responsibility to show that an offer of alternative employment has been made and therefore any offer should be put in writing. The offer should show how the new employment terms differ from the old terms. By law, it must also be made before the termination of the job from which the employee is being made redundant. The new contract must take effect within 4 weeks from the old contract ending. It is up to the employee to decide whether the alternative work is suitable. Decisions should be influenced by a number of factors involving pay, status, location, working environment and hours of work. Employees who unreasonably refuse an offer of suitable alternative employment may lose any entitlement to redundancy pay. Unreasonable refusal may arise where the differences between the new and old jobs are negligible. There is also a statutory trial period of 4 weeks for the employee to “test” the new employment. If the job proves unsatisfactory for the employee he or she can leave and does not lose the right to a redundancy payment provided, of course, that the job was not, in fact, suitable for him or her and provided that his or her action in refusing the job was not unreasonable. ### Redundancy payments Employers are required to make a [**minimum lump sum**](https://www.cplaw.co.uk/private-clients/employment-law/settlement-agreement/) compensation payment to an employee who has been dismissed because of redundancy and who has been continuously employed by them for at least two years. Statutory redundancy pay is not subject to tax or national insurance. Statutory redundancy payments are based on: - The employee’s age;- The employee’s period of continuous service up to a maximum of 20 years;- The employee’s weekly pay. However, the maximum amount of a week’s pay that may be taken into account is currently capped at £450.Employers may have more generous contractual or discretionary redundancy schemes in place. Ex‑gratia payments are payments that employers are under no obligation to make and employees do not expect to receive. If the contract of employment does not allow for redundancy payments over and above the statutory minimum, employers can still give ex‑gratia redundancy payments to staff. ![](https://www.cplaw.co.uk/wp-content/uploads/2022/12/redundancy-payments-1024x683.jpg) ![fixed term contracts](https://www.cplaw.co.uk/wp-content/uploads/2022/12/fixed-term-contracts-1024x683.jpg) ### Fixed Term Contracts If employees on fixed-term contracts have been continuously employed for two years, they will be entitled to statutory redundancy payments. Furthermore, if their contract is not renewed or extended, then this is considered to be a dismissal and the employer must show that the dismissal was for a fair reason – such as redundancy – and that the process of dismissal was fair. ### Related Pages [![employment law](https://www.cplaw.co.uk/wp-content/uploads/2022/12/employment-law-small.jpg)](https://www.cplaw.co.uk/private-clients/employment-law/) ###### Employment Law> READ MORE [![guide to unfair dismissals](https://www.cplaw.co.uk/wp-content/uploads/2022/12/guide-to-unfair-dismissals-small.jpg)](https://www.cplaw.co.uk/private-clients/employment-law/guide-to-unfair-dismissals/) ###### Guide to unfair dismissals> READ MORE [![settlement agreements](https://www.cplaw.co.uk/wp-content/uploads/2022/12/settlement-agreement-small.jpg)](https://www.cplaw.co.uk/private-clients/employment-law/settlement-agreement/) ###### Settlement Agreements> READ MORE ### Our Employment Law Experts [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen-long.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Lee ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### If you would like more information please contact our team by filling out the form below. > Hugely supportive, informative and ultimately helpful service. Lee took the time to walk me through the situation, outlining where he saw issues, and helped to bring things to a successful conclusion in a very timely manner. Would strongly recommend. > > > Martyn Sylvester ## Employment Law Insights from CP Law --- # Private Clients Source: https://www.cplaw.co.uk/private-clients.md # Supporting our private clients with clear, jargon-free legal advice ## When an individual becomes involved with legal issues that affect them personally, it can be a very trying time. ### CP Law Solicitors understand that and as experienced lawyers, we do all we can to ease those concerns by giving clear and jargon-free advice which from the outset includes an estimate of the likely level of costs which whenever possible can be fixed at an agreed level. ### CP Law Solicitors, who have offices in Sunningdale and Wokingham, have been delivering a first-class legal service to private clients for 40 years. We are also authorised and regulated by the Solicitors Regulation Authority. ## Our dedicated team can give OUR PRIVATE CLIENTS advice on a range of matters including: [ ![wills trusts and probate](https://www.cplaw.co.uk/wp-content/uploads/2022/12/wills-trusts-and-probate-long-1024x684.jpg) ](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/) ### WILLS, TRUSTS & PROBATE Many of our clients come to us at a difficult time in their lives and we always ensure that their needs are therefore met quickly, efficiently and compassionately. - [ Wills, Trusts & Probate ](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/) - [ Wills ](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/wills/) - [ Changing a Will ](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/changing-a-will/) - [ Challenging a Will ](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/challenging-a-will/) - [ Guide to making a Will ](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/guide-to-making-a-will/) - [ Probate & Estate Administration ](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/probate-estate-administration/) [ explore more ](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/) ### POWERS OF ATTORNEY Along with a Will, we consider a Lasting Power of Attorney to be a critically important document for anyone, regardless of age, marital status or health. - [ Powers of Attorney ](https://www.cplaw.co.uk/private-clients/powers-of-attorney/) - [ Court of Protection ](https://www.cplaw.co.uk/private-clients/powers-of-attorney/court-of-protection/) - [ Lasting Powers of Attorney ](https://www.cplaw.co.uk/private-clients/powers-of-attorney/lasting-powers-of-attorney/) [ explore more ](https://www.cplaw.co.uk/private-clients/powers-of-attorney/) [ ![powers of attorney](https://www.cplaw.co.uk/wp-content/uploads/2022/12/powers-of-attorney-long-1024x684.jpg) ](https://www.cplaw.co.uk/private-clients/powers-of-attorney/) [ ![family law](https://www.cplaw.co.uk/wp-content/uploads/2022/12/family-law-long-1024x684.jpg) ](https://www.cplaw.co.uk/private-clients/family-law/) ### FAMILY & MATRIMONIAL We're committed to the constructive resolution of family disputes and help support you and your family's best interests. - [ Family & Matrimonial Law ](https://www.cplaw.co.uk/private-clients/family-law/) - [ Divorce & Separation ](https://www.cplaw.co.uk/private-clients/family-law/divorce-separation/) - [ Fixed Fee Divorce ](https://www.cplaw.co.uk/private-clients/family-law/fixed-fee-divorce/) - [ Matrimonial Finances ](https://www.cplaw.co.uk/private-clients/family-law/matrimonial-finances/) - [ Children ](https://www.cplaw.co.uk/private-clients/family-law/children/) - [ Child Arrangements Order ](https://www.cplaw.co.uk/private-clients/family-law/child-arrangements-order/) - [ Collaborative Law ](https://www.cplaw.co.uk/private-clients/family-law/collaborative-law/) - [ Cohabitation ](https://www.cplaw.co.uk/private-clients/family-law/cohabitation/) [ explore more ](https://www.cplaw.co.uk/private-clients/family-law/) ### RESIDENTIAL PROPERTY Home from home, your first-class professional conveyancing service. Choose CP Law Solicitors for unparalleled expertise and guidance with nearly 100 years of experience between us. - [ Residential Property ](https://www.cplaw.co.uk/private-clients/residential-property/) - [ Conveyancing Solicitors ](https://www.cplaw.co.uk/private-clients/residential-property/conveyancing-solicitors/) [ explore more ](https://www.cplaw.co.uk/private-clients/residential-property/) [ ![residential property](https://www.cplaw.co.uk/wp-content/uploads/2022/12/residential-property-long-1024x684.jpg) ](https://www.cplaw.co.uk/private-clients/residential-property/) [ ![private dispute resolution](https://www.cplaw.co.uk/wp-content/uploads/2022/12/private-dispute-resolution-long-1024x684.jpg) ](https://www.cplaw.co.uk/private-clients/private-dispute-resolution/) ### PRIVATE DISPUTE RESOLUTION When a dispute arises, without expert advice, matters can deteriorate and lead to stress, risk financial loss, time and reputation damaged. We get to grips with the problem and advise you of the options available. [ explore more ](https://www.cplaw.co.uk/private-clients/private-dispute-resolution/) ### EMPLOYMENT LAW When problems arise at work this can become very stressful and you will want to resolve them quickly. We have considerable experience in protecting your interests and can guide you every step of the way. - [ Employment Law ](https://www.cplaw.co.uk/private-clients/employment-law/) - [ Guide to Unfair Dismissals ](https://www.cplaw.co.uk/private-clients/employment-law/guide-to-unfair-dismissals/) - [ Guide to Redundancy ](https://www.cplaw.co.uk/private-clients/employment-law/guide-to-redundancy/) - [ Settlement Agreement ](https://www.cplaw.co.uk/private-clients/employment-law/settlement-agreement/) [ explore more ](https://www.cplaw.co.uk/private-clients/employment-law/) [ ![employment law](https://www.cplaw.co.uk/wp-content/uploads/2022/12/employment-law-long-1-1024x684.jpg) ](https://www.cplaw.co.uk/private-clients/employment-law/) [ ![charles platel](https://www.cplaw.co.uk/wp-content/uploads/2022/10/charles-platel.jpg) ](https://www.cplaw.co.uk/insights/author/charlesplatel/) ###### Charles Platel Director / Solicitor T: [0345 241 3100](tel:03452413100) [ ![natasha swanton](https://www.cplaw.co.uk/wp-content/uploads/2022/10/natasha-swanton.jpg) ](https://www.cplaw.co.uk/insights/author/natasha_swanton/) ###### Natasha Swanton Director / Chartered Legal Executive / Licensed Conveyancer T: [0345 241 3100](tel:03452413100) [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen Director / Solicitor T: [0345 241 3100](tel:03452413100) [ ![Polly-Butteris-square](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Polly-Butteris-square.jpg) ](https://www.cplaw.co.uk/insights/author/pollybutteris/) ###### Polly Butteris Solicitor T: [0345 241 3100](tel:03452413100) [ ![emma cox](https://www.cplaw.co.uk/wp-content/uploads/2022/10/emma-cox.jog_.jpg) ](https://www.cplaw.co.uk/insights/author/emmacox/) ###### Emma Cox Director / Chartered Legal Executive / Licensed Conveyancer T: [0345 241 3100](tel:03452413100) [ ![Maria-Roberts-square](https://www.cplaw.co.uk/wp-content/uploads/2026/01/Maria-Roberts-square.jpg) ](https://www.cplaw.co.uk/insights/author/maria_roberts/) ###### Maria Roberts Private Client Solicitor T: [0345 241 3100](tel:03452413100) [ ![](https://www.cplaw.co.uk/wp-content/uploads/2022/10/holly-holman.jpg) ](https://www.cplaw.co.uk/insights/author/hollyholman/) ###### Holly Holman Licensed Conveyancer T: [0345 241 3100](tel:03452413100) ### Contact our team today ###### With offices in Wokingham and Sunningdale, our friendly team can offer you clear and practical legal advice. > I would like to thank you very much for helping me resolving my situation that has burdened me for a long time. I am grateful for your hard work, for being helpful and understanding. If I would ever need, and I hope not, I will contact you again. > > > Jitka Kubickova ## Private Client Insights from CP Law --- # Employment Law Source: https://www.cplaw.co.uk/private-clients/employment-law.md ## When problems arise at work this can become very stressful and you will want to resolve them quickly. At CP Law we can help you resolve them swiftly and as cost effectively as possible. ### We have considerable experience in protecting your interests and can guide you every step of the way. ![employment law](https://www.cplaw.co.uk/wp-content/uploads/2022/12/employment-law-overview.jpg) ### CP Law Solicitors can advise on the following: - Employment Law - [ Settlement Agreements ](https://www.cplaw.co.uk/private-clients/employment-law/settlement-agreement/) - [ Unfair Dismissals ](https://www.cplaw.co.uk/private-clients/employment-law/guide-to-unfair-dismissals/) - [ Guide to Redundancy ](https://www.cplaw.co.uk/private-clients/employment-law/guide-to-redundancy/) - Constructive Dismissal - Wrongful Dismissal - [ Discrimination ](https://www.cplaw.co.uk/insights/discrimination-in-the-workplace/) - Disciplinary and Grievance Procedures - Contracts of Employment ### Unfair Dismissal If your contract has been terminated – with or without notice – and the employer has not provided a reason which is considered ‘fair’ for your dismissal (such as poor performance or lots of sick leave, misconduct, you can no longer work in the UK or your role is redundant) you may be eligible for **[unfair dismissal](https://www.cplaw.co.uk/private-clients/employment-law/guide-to-unfair-dismissals/)**. This will be, for example, if you have been dismissed because you are pregnant or on maternity leave, have requested your legal rights at work (like minimum wage), were a part of a trade union activity, made a report against your employer (for example for something they have done or for a health and safety incident), or you are a particular sex, religion, race, sexual orientation or disabled. [ More about unfair dismissal ](https://www.cplaw.co.uk/private-clients/employment-law/guide-to-unfair-dismissals/) **CONSTRUCTIVE DISMISSAL** You may find yourself needing help with a tribunal for constructive dismissal if your employer made changes to your contract that forced you to resign or if you’re being bullied or feel threatened. Before resigning, you may wish to seek legal advice to make sure this is the best course of action. Get in touch with an employment lawyer near you for the best available guidance. **WRONGFUL DISMISSAL** If you are dismissed in a way that breaches your contract, this will be wrongful dismissal. This is most common when an employee is dismissed without notice or insufficient notice, as laid out in the contract of employment. If you feel as if you have been wrongfully dismissed, speak to one of our employment solicitors in Berkshire and we will give you advice on what your next steps should be. [ ![settlement agreements](https://www.cplaw.co.uk/wp-content/uploads/2022/12/settlement-agreement-chat-1024x683.jpg) ](https://www.cplaw.co.uk/private-clients/powers-of-attorney/) ### SETTLEMENT AGREEMENTS Should you have a complaint against your employer, rather than go to a tribunal, your employer may offer an alternative arrangement, usually including financial payments, to handle your disagreement. These are known as settlement agreements. Any agreement you come to will mean that you cannot make a claim in a tribunal court for the same issue, so it is important to get legal advice before signing anything. Our employment solicitors are locally based throughout Berkshire and can guide you through the process. [ More about settlement agreements ](https://www.cplaw.co.uk/private-clients/employment-law/settlement-agreement/) ### REDUNDANCY Redundancy usually occurs when your job can no longer be afforded or is no longer needed. If you are in a pool for [**redundancy**](https://www.cplaw.co.uk/private-clients/employment-law/guide-to-redundancy/) or you are made redundant, you may feel that you have been discriminated against. You should review who else is in the pool (or not in the pool) to see if there are common themes e.g. most are pregnant or of a particular race, age or sex. [ More about redundancy ](https://www.cplaw.co.uk/private-clients/employment-law/guide-to-redundancy/) **CONTRACTS OF EMPLOYMENT** If you have any queries or questions about a current or proposed contract of employment and need further guidance on what this will mean for you and your options, we can go through this with you to help you lay out an appropriate course of action. Book an appointment with one of our employment solicitors who will guide you through the process and advise you accordingly. **DISCRIMINATION** As mentioned above, discrimination is when you are singled-out for being a certain sex, religion, race, age, being pregnant, on maternity or paternity leave, disabled or due to your sexual orientation. This is not an exhaustive list of all the types of discrimination, just for a guideline. This can include being made redundant, dismissed, or workplace bullying and harassment. **DISCIPLINARY & GRIEVANCE PROCEDURES **If you have been given a disciplinary or need to submit a grievance and need advice on how to proceed from this point to move forward or you have been treated unfairly as a result of this, our employment lawyers can help you to find a resolution to these issues. ### Related Pages [![guide to redundancy](https://www.cplaw.co.uk/wp-content/uploads/2022/12/guide-to-redundancy-small.jpg)](https://www.cplaw.co.uk/private-clients/employment-law/guide-to-redundancy/) ###### Guide to Redundancy> READ MORE [![guide to unfair dismissals](https://www.cplaw.co.uk/wp-content/uploads/2022/12/guide-to-unfair-dismissals-small.jpg)](https://www.cplaw.co.uk/private-clients/employment-law/guide-to-unfair-dismissals/) ###### Guide to unfair dismissals> READ MORE [![settlement agreements](https://www.cplaw.co.uk/wp-content/uploads/2022/12/settlement-agreement-small.jpg)](https://www.cplaw.co.uk/private-clients/employment-law/settlement-agreement/) ###### Settlement Agreements> READ MORE ### Our Employment Law Experts [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen-long.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Lee ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### If you would like more information please contact our team by filling out the form below. > Hugely supportive, informative and ultimately helpful service. Lee took the time to walk me through the situation, outlining where he saw issues, and helped to bring things to a successful conclusion in a very timely manner. Would strongly recommend. > > > Martyn Sylvester ## Employment Law Insights from CP Law --- # Legal Notices Source: https://www.cplaw.co.uk/legal-notices.md ## Please find links to our legal notices below. ### Business documents [ SRA Standards & Regulations ](https://www.sra.org.uk/solicitors/standards-regulations/) [ Complaints Handling Procedure ](https://www.cplaw.co.uk/wp-content/uploads/2024/01/Complaints_Handling_Procedure_Jan_2024.pdf) [ Terms & Conditions of Business ](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Terms-of-Business-CP-Law-Nov-2025.pdf) [ Diversity Data ](https://www.cplaw.co.uk/wp-content/uploads/2022/10/SRA-Diversity-Data-July-2021.pdf) ### Website documents [ Privacy Notice ](https://www.cplaw.co.uk/privacy-policy/) [ Website Terms & Conditions ](https://www.cplaw.co.uk/terms-conditions/) [ Cookie Policy ](https://www.cplaw.co.uk/cookie-policy/) ### Pricing documents [ Residential Conveyancing ](https://www.cplaw.co.uk/wp-content/uploads/2026/05/Pricing_Resi_Conveyancing_May_2026.pdf) [ Probate (Uncontested) ](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Pricing-Probate-November-2025.pdf) [ Employment Tribunal ](https://www.cplaw.co.uk/wp-content/uploads/2024/07/Pricing_Employment_Tribunal_June_2024.pdf) [ Debt Recovery ](https://www.cplaw.co.uk/wp-content/uploads/2026/05/Pricing_Debt_Recovery_May_2026.pdf) --- # Privacy Policy Source: https://www.cplaw.co.uk/privacy-policy.md **CP Law Solicitors respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.** ### 1. Important information and who we are **Purpose of this privacy notice** This privacy notice aims to give you information on how CP Law Solicitors collects and processes your personal data, including any data you may provide through our website or when you sign up to any newsletter or purchase any of our services. It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them. **Controller** Charles Platel & Partners (Solicitors) Limited, t/a CP Law Solicitors, a company registered in England & Wales with Company Number 03056856 and having its registered office at 2 Anvil Court, 50 Denmark Street, Wokingham, Berkshire, RG40 2BB is the controller and responsible for your personal data (collectively referred to as “CP Law Solicitors", “Charles Platel & Partners (Solicitors) Limited”, "we", "us" or "our" in this privacy notice). We have appointed a data protection representative (DPR) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your rights, please contact the DPR using the details set out below. **Contact details** Our full details are: CP Law Solicitors Ltd, 2 Anvil Court, 50 Denmark Street, Wokingham, Berkshire, RG40 2BB. Full name of legal entity: Charles Platel & Partners (Solicitors) Limited Name or title of DPR: Mr Lee Pashen email address: leep@cplaw.co.uk Postal address: 2 Anvil Court, 50 Denmark Street, Wokingham, Berkshire, RG40 2BB Telephone number: 0345 2413100 **Changes to the privacy notice and your duty to inform us of changes** It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. ### 2. The data we collect about you Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). In some circumstances, we are under a legal obligation to collect personal data from you. More generally, we may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows: - **Identity Data** includes first name, maiden name, last name, marital status, title, date of birth and gender. This may include: photographic identification such as copies of passport or driving licence; and - professional details (such as your business activities, job title, and professional experience). - **Contact Data** includes billing address, delivery address, email address and telephone numbers or other contact information you provide to us from time to time. - **Financial Data** includes bank account and payment card details and other information you provide to us from time to time, for example to enable us to process your instructions. - **Transaction Data** includes details about payments to and from you and other details of products and services you have purchased from us or legal transactions we have processed for you. - **Profile Data** includes any purchases or orders made by you; your feedback and any survey responses. - **Marketing and Communications Data** includes your preferences in receiving marketing from us and our third parties and your communication preferences. - **Special Category Information**: in certain of our practice areas, it may be necessary to obtain from you information which is referred to as “special category” information, pertaining to matters such as marital or relationship status, family circumstances, social circumstances, sexual orientation, racial or ethnic origins, genetic and biometric data, physical & mental health details, religious or such similar beliefs, trade union membership, and details of any criminal prosecutions or convictions. We may require further information before we provide legal services, to comply with regulatory requirements. We may also collect personal data about you from publicly accessible sources such as Companies House, HM Land Registry, the Courts services and service providers for credit history and money laundering compliance. **If you fail to provide personal data** Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you for the provision of our professional services. In exceptional circumstances, we may have to cancel a service you have with us but we will notify you if this is the case at the time. ### 3. How is your personal data collected? We use different methods to collect data from and about you including through: **Direct interactions**. You may give us your Identity, contact and financial data or other information contained in the above categories by filling in forms or by corresponding with us by post, phone, email or otherwise. **Automated technologies or interactions**. As you interact with our website, we may automatically collect technical data about your equipment, browsing actions and patterns. ### 4. How we use your personal data We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances: - To register you as a client. - Where we need to comply with a legal or regulatory obligation. - To carry out your instructions or where we need to perform the contract we are about to enter into or have entered into with you. - Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. - To complete your feedback survey and to improve our products & services, website, marketing or customer relationships. - To recommend products or services which may be of interest to you. **Purposes for which we will use your personal data** We have set out below, in a table format, a description of the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below. | **Purpose/Activity** | **Type of data** | **Lawful basis for processing including basis of legitimate interest** | | -------------------- | ---------------- | ---------------------------------------------------------------------- | | To register you as a new customer | (a) Identity (b) Contact | Performance of a contract with you | | To process and deliver our service including: | (a) Manage payments, fees and charges (b) Collect and recover money owed to us (a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications (f) special category information | (a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us) (c) to comply with mandatory laws and regulations | | To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey | (a) Identity (b) Contact (c) Profile (d) Marketing and Communications | (a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) | | To enable you to partake in a charitable endeavour, prize draw, competition or complete a survey | (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications | (a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business) | | To administer and protect our business (including troubleshooting, data analysis, support) | (a) Identity (b) Contact | (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, IT & banking network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation | | To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you | (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications | Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) | | To make suggestions and recommendations to you about goods or services that may be of interest to you | (a) Identity (b) Contact (c) Usage (d) Profile | Necessary for our legitimate interests (to develop our products/services and grow our business) or as an adjunct to the proper provision of our services. | **Opting out** You can ask us or third parties to stop sending you marketing messages at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions. **Change of purpose** We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules and where this is required or permitted by law. ### 5. Disclosures of your personal data We may share your personal data internally, or with external third parties. This might for example include sharing information with law searchers, legal counsel, medical experts, courts or tribunals, tracing agencies or private investigators, or with a specific expert identified as necessary to progress your case or comply with a court direction or order. We may also share your information if we are required to do so by law. Categories of people/organisations we may share information with for the purposes set out in the table in section 4 above, include. - (a) for the purposes of the prevention and detection of crime or fraud, our compliance with the Money Laundering Regulations and we may share your personal data with third party referencing agencies; - (b) your own solicitors and any solicitors acting for the other side of the deal as is necessary to facilitate the sale, purchase, mortgage or letting or to enable us to provide our service - (c) in a chain transaction, we will at times be required to share your personal data, such as your name and address, with other law firms, legal advisors or solicitors; - (d) we will disclose personal information that needs to be submitted to your lender or bank or their legal advisors or representatives in order to enable you to seek funding or if you are obtaining mortgage brokerage services; - (e) we may disclose your information to certain insurance providers in order to obtain suitable quote for you; - (f) we will be required to share your personal data with regulators, governmental organisations, with the courts, tribunals or law enforcement authorities; - (g) we will share your personal data with any third party services providers who process personal data on our behalf so as to enable them to provide services to us – so that we in turn can provide our service to you. Please note this includes our information technology (IT) systems providers and contractors. - (h) We may share your personal data with any person working as an employee of our business where that is necessary so as to enable them to provide our service to you. - (i) We will store your personal data on our customer management systems and may use this to provide you with marketing information or details of services offered by us. However, you do have the opportunity to opt out of receiving this. - (j) Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice. - (k) We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. ### 6. International Transfers - 6.1 We may transfer, store and process your personal data outside of the United Kingdom with your consent, or if we are required to do so by law or to provide to you the service for which you have contracted. For example, it may sometimes be necessary to transfer personal data for international money transfers or to deal with property purchases or legal claims. This will depend on the circumstances of the case, but any such transfers of personal data will only be made in compliance with the law. ### 7. Data security - 7.1 We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. - 7.2 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so. ### 8. Data retention - how long will you use my personal data for? - 8.1 We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We may need to retain personal data for some time to comply with the Solicitors Regulations or to comply with other laws by which we are governed. We may retain your personal data for a longer period to deal with an ongoing complaint or if we reasonably believe we may be subjected to potential litigation concerning our engagement with you. - 8.2 To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. - 8.3 Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us. - 8.4 In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you. ### 9. Your legal rights - 9.1 Under certain circumstances, you have rights under Data Protection Act 2018 and UK GDPR in relation to your personal data. You have the right to: Request access to your personal data. - Request correction of your personal data. - Request erasure of your personal data. - Object to processing of your personal data. - Request restriction of processing your personal data. - Request transfer of your personal data. - Right to withdraw consent where we are processing your personal data rather than its use pursuant to a contract or other lawful reason. - 9.2 If you wish to enquire about exercising any of the rights set out above, please contact us. Please note that any request to us for details of the personal data that we hold on you must be made in writing, either by email or by recorded post. - 9.3 You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. - **9.4 No fee usually required **You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances. - **9.5 What we may need from you** We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. - **9.6 Time limit to respond** We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. --- # Insights from CP Law Source: https://www.cplaw.co.uk/insights-from-cp-law.md --- # Home Source: https://www.cplaw.co.uk/index.md # Clear and practical legal advice in your times of need [ ![for businesses](https://www.cplaw.co.uk/wp-content/uploads/2022/10/for-businesses.jpg) ](https://www.cplaw.co.uk/business-clients/) ### for businesses When an individual becomes involved with legal issues that affect them personally, it can be very trying. CP Law Solicitors understand that and do all we can to ease those concerns. [ find out more ](https://www.cplaw.co.uk/business-clients/) [ ![for individuals](https://www.cplaw.co.uk/wp-content/uploads/2022/10/for-individuals.jpg) ](https://www.cplaw.co.uk/private-clients/) ### for individuals CP Law Solicitors have been delivering top class legal services to businesses for over 40 years. From the outset, we endeavour to understand the issues entirely from our client’s perspective. [ tell me more ](https://www.cplaw.co.uk/private-clients/) ## how we help ### wills, trusts & probate [ ### wills, trusts & probate Meeting your needs quickly, efficiently and compassionately find out more ](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/) ### powers of attorney [ ### powers of attorney Ensure your wishes are executed in the way you would like find out more ](https://www.cplaw.co.uk/private-clients/powers-of-attorney/) ### family & matrimonial [ ### family & matrimonial Helping support you and your family's best interests find out more ](https://www.cplaw.co.uk/private-clients/family-law/) ### residential property [ ### residential property Home from home, your first-class professional conveyancing service find out more ](https://www.cplaw.co.uk/private-clients/residential-property/) ### private dispute resolution [ ### private dispute resolution We get to grips with the problem, reduce stress and financial loss find out more ](https://www.cplaw.co.uk/private-clients/private-dispute-resolution/) ### commercial dispute resolution [ ### commercial dispute resolution Resolving disputes as quickly and cost effectively as possible find out more ](https://www.cplaw.co.uk/business-clients/commercial-dispute-resolution/) ### commercial property [ ### commercial property Professional support and comprehensive commercial property advice find out more ](https://www.cplaw.co.uk/business-clients/commercial-property/) ### development land [ ### development land Helping you acquire development sites from £500,000 to £40 million find out more ](https://www.cplaw.co.uk/business-clients/development-land/) ### business & company law [ ### business & company law Assisting you with the sale or acquisition of a business or shares find out more ](https://www.cplaw.co.uk/business-clients/business-company-law/) ### employment law [ ### employment law Providing access to specialist employment and law advice find out more ](https://www.cplaw.co.uk/business-clients/employment-law-for-employers/) ### Contact our team today ###### With offices in Wokingham and Sunningdale, our friendly team can offer you clear and practical legal advice. > Five star outcomes from Charles and his team at CP Law. I have enjoyed quality service and cost efficiency for over 10 years > > > N Wiszowaty ## Insights from CP Law --- # Get an estimate Source: https://www.cplaw.co.uk/get-an-estimate.md ## CP Law Solicitors are happy to consider providing fixed fee estimates for any type of work. We invite you to make an enquiry, but where this is not possible we will give our best estimate of what the total costs are likely to be. ### CP Law Solicitors who have offices in Wokingham and Sunningdale have been delivering a first-class legal service for 40 years. ### Call our friendly team today on 0345 2413100 or email us for more information ### Contact our team for an estimate today ###### With offices in Wokingham and Sunningdale, our friendly team can offer you clear and practical legal advice. > Thoroughly recommend CP Law. The service is friendly yet professional, and they have assisted me on four separate occasions during my time in Wokingham. As far as lawyers in Wokingham is concerned, I couldn't recommend anyone higher. > > > > Tom Skinner ## Insights from CP Law --- # Contact CP Law Solicitors Source: https://www.cplaw.co.uk/contact-cp-law-solicitors.md ## Talk to us 0345 2413100 mail@cplaw.co.uk ## Opening Hours Monday – Friday 8:45am – 5:15pm ## Locations **Main Office** 2 Anvil Court, 50 Denmark Street, Wokingham, Berkshire, RG40 2BB Unit 10, New Boundary House, London Road, Sunningdale, Berkshire, SL5 0DJ By appointment only [ CP Law Terms & Conditions of Business ](https://www.cplaw.co.uk/wp-content/uploads/2023/05/CP_Law_Terms_of_Business_April_23.pdf) ### Contact our team today ###### With offices in Wokingham and Sunningdale, our friendly team can offer you clear and practical legal advice. > Having used CP Law Solicitors on several occasions, I warmly recommend them to anyone looking for solicitors who listen, are proactive, and who represent your interests fully on every level. In my experience, their efficiency and attention to detail are definitely above average. > > > Graham Hoare ## Insights from CP Law --- # CP Law Solicitors Wokingham Source: https://www.cplaw.co.uk/cp-law-solicitors-wokingham.md ## CP Law Solicitors Wokingham **Wokingham Office** 2 Anvil Court, 50 Denmark Street, Wokingham, Berkshire, RG40 2BB [0345 2413100](tel:03452413100) [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) Open - Monday – Friday 8:45am – 5:15pm [ CP Law Terms & Conditions of Business ](https://www.cplaw.co.uk/wp-content/uploads/2023/05/CP_Law_Terms_of_Business_April_23.pdf) ### Contact our team today ###### With offices in Wokingham and Sunningdale, our friendly team can offer you clear and practical legal advice. > Thoroughly recommend CP Law. The service is friendly yet professional, and they have assisted me on four separate occasions during my time in Wokingham. As far as lawyers in Wokingham is concerned, I couldn't recommend anyone higher. > > > Tom Skinner ## Insights from CP Law --- # CP Law Solicitors Sunningdale Source: https://www.cplaw.co.uk/cp-law-solicitors-sunningdale.md ## CP Law Solicitors Sunningdale **Sunningdale Office** Unit 10, New Boundary House, London Road, Sunningdale, Berkshire, SL5 0DJ [0345 2413100](tel:03452413100) [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) Open - Monday – Friday 8:45am – 5:15pm By appointment only [ CP Law Terms & Conditions of Business ](https://www.cplaw.co.uk/wp-content/uploads/2023/05/CP_Law_Terms_of_Business_April_23.pdf) ### Contact our team today ###### With offices in Wokingham and Sunningdale, our friendly team can offer you clear and practical legal advice. > Had a very simple requirement from a solicitor at late notice. I had no experience with CP Law but lived very close and walked in - I was very happy with the service I received here. > > > Sam Shaw ## Insights from CP Law --- # Cookie Policy Source: https://www.cplaw.co.uk/cookie-policy.md ## What is a cookie? A cookie is a small text file that stores Internet settings. Almost every website uses cookie technology. The cookie is downloaded by your Internet browser the first time you visit a website. The next time you visit this website from the same device, the cookie and the information in it are either sent back to the originating website (first-party cookies) or to another website to which it belongs (third-party cookies). By that, the website can detect that it has already been opened using this browser, and in some cases, it will then vary the content it shows. Some cookies are extremely useful because they can improve your user experience when you return to a website you have already visited. This assumes that you are using the same device and the same browser as before; if so, cookies will remember your preferences, will know how you use the website, and will adapt the content you are shown so that it is more relevant to your personal interests and needs. ## How do we use cookies? As most of the online services, our website uses first-party and third-party cookies for a number of purposes. The first-party cookies are mostly necessary for the website to function the right way, and they do not collect any of your personally identifiable data. The third-party cookies used on our websites are used mainly for understanding how the website performs, how you interact with our website, keeping our services secure, providing advertisements that are relevant to you, and all in all providing you with a better and improved user experience and help speed up your future interactions with our website. We use the following categories of cookies on CP Law Solicitors: - Functional - The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. - Preferences - The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. - Statistics - The technical storage or access that is used exclusively for statistical purposes. - Marketing - The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes. ## Cookies used on this website For further information on how we process your personal data please see our [Privacy Policy](https://www.cplaw.co.uk/privacy-policy/). ## Your cookie settings on this website You can update your cookie consent preferences for this website below: For more information about cookies visit [All About Cookies](https://allaboutcookies.org/). You can completely disable cookies in your browser at any time. It is important to note that if you change your settings and block certain cookies, you will not be able to take full advantage of some features of our site, and we might not be able to provide some features you have previously chosen to use. --- # Development Land Source: https://www.cplaw.co.uk/business-clients/development-land.md ## CP Law Solicitors have a department of conveyancing lawyers who act in the acquisition of Development Land for a number of national house builders and for smaller developers. ### CP Law Solicitors has acted as commercial property lawyers on the acquisition of development sites from £500,000 to £40 million. We have acquired these sites from individuals, other development companies, government departments, local authorities, local education authorities, churches, religious orders, charities, Network Rail, and public utility companies etc. ![development land](https://www.cplaw.co.uk/wp-content/uploads/2022/12/development-land-overview-1024x683.jpg) ### Areas covered include but are not limited to: - Sale and Purchase of Freehold Development Land - Options and Conditional Land Contracts - Planning Agreements and other related documents - Plot Sales - Land Promotion Agreements - Sales to Registered Social Landlords ### Our Development Land Experts [ ![charles platel](https://www.cplaw.co.uk/wp-content/uploads/2022/10/charles-platel.jpg) ](https://www.cplaw.co.uk/insights/author/charlesplatel/) ###### Charles Platel - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Charles ](https://www.cplaw.co.uk/insights/author/charlesplatel/) [ ![natasha swanton](https://www.cplaw.co.uk/wp-content/uploads/2022/10/natasha-swanton.jpg) ](https://www.cplaw.co.uk/insights/author/natasha_swanton/) ###### Natasha Swanton - Director / Chartered Legal Executive / Licensed Conveyancer T: [0345 241 3100](tel:03452413100) [ meet Natasha ](https://www.cplaw.co.uk/insights/author/natasha_swanton/) ###### If you would like more information please contact our team by filling out the form below. > Five star outcomes from Charles and his team at CP Law. I have enjoyed quality service and cost efficiency for over 10 years. > > > N Wiszowaty ## Development Land Insights from CP Law --- # Employment Law for Employers Source: https://www.cplaw.co.uk/business-clients/employment-law-for-employers.md ## Employment law legislation and rights has grown in volume and complexity in recent years. Now more than ever Employers are in greater need of access to specialist employment and law advice. ### Our employment law team are able to navigate employers through difficult and challenging situations involving employees. Claims from employees need to be handled with care in order to ensure a successful outcome or resolution. Not following appropriate procedures accounts for a large number of claims brought through the Employment Tribunals. We can advise you on how to handle individual complaints, grievances and claims and also ensure your procedures are in line with current legislation. If an employee insists on commencing Employment Tribunal proceedings against you, they must first of all have made an Early Conciliation notification to ACAS. The idea behind this is to encourage the early settlement of employment disputes. Our Berkshire-based employment law team can advise you through this process. In the event that Early Conciliation does not result in settlement, we can also assist in formulating a vigorous defence to any Employment Tribunal proceedings commenced. Try this link if you are an employer seeking [**employment law advice in Wokingham**](https://www.cplaw.co.uk/cp-law-solicitors-wokingham/). [ ![employment law](https://www.cplaw.co.uk/wp-content/uploads/2022/12/employment-law-discussion-1024x683.jpg) ](https://www.cplaw.co.uk/private-clients/powers-of-attorney/) ### Our Employment Law Experts [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen-long.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Lee ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### If you would like more information please contact our team by filling out the form below. > Five star outcomes from Charles and his team at CP Law. I have enjoyed quality service and cost efficiency for over 10 years. > > > N Wiszowaty ## Employment Law Insights from CP Law --- # Commercial Property Litigation Source: https://www.cplaw.co.uk/business-clients/commercial-dispute-resolution/commercial-property-litigation.md ## We believe that your business or organisation will benefit from our team’s comprehensive understanding of property related disputes. ### Through seeking to build long-term relationships with our clients, we are able to be hands-on and informed in our approach. Gaining an understanding of our clients business enables us to tailor our advice as to the most appropriate solution for their situation. ### The majority of the disputes that we deal with are resolved through negotiation or at mediation. Very rarely does a matter proceed to trial. Our aim is to secure your business’ objectives in the most efficient way possible and, by working with our Commercial Property team, assist you to avoid future disputes. ![](https://www.cplaw.co.uk/wp-content/uploads/2022/12/property-litigation-tall.jpg) ### CP Law Solicitors have specialist litigation solicitors WHO CAN ADVISE ON ALL TYPES OF COMMERCIAL PROPERTY LITIGATION, INCLUDING: - Disputes connected with land acquisition, development agreements and site assembly issues (including easements and rights of way disputes) - Contentious and non-contentious business lease renewals - Dilapidations claims - Disputes concerning breaches of covenant including forfeiture or relief applications - Service charge disputes - Exercising break options - Recovery of land or premises from unlawful occupiers or squatters - Lease surrender negotiations - Disputes over consent to assignment, sub-letting, change of use, alterations If you need professional, specialist advice for your property, we can help. We have years of experience dealing with disputes between landlords and tenants, contract disputes and disputes on construction work. We are also able to assist in the buying and selling of land and property so if you need help with a current or future property, get in touch with us today. ### Our Commercial Property Litigation Experts [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen-long.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Lee ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### If you would like more information please contact our team by filling out the form below. > Having used CP Law Solicitors on several occasions, I warmly recommend them to anyone looking for solicitors who listen, are proactive, and who represent your interests fully on every level. In my experience, their efficiency and attention to detail are definitely above average. > > > Graham Hoare ## Commercial Dispute Resolution Insights from CP Law --- # Free Law Health Check Source: https://www.cplaw.co.uk/business-clients/employment-law-for-employers/free-law-health-check.md ## We understand the impact that changes in employment law can have on your business, and appreciate that sometimes there just isn’t the time to keep up with all the changes in the law that could affect you. ### At CP Law we have developed a FREE Employment Law Health Check. This service will help you to pin point problem areas within your practices and procedures that do not meet legal requirements. Simply provide to us your employment documents and procedures and we will advise whether you are compliant with current law, and whether the documents that you use are suitable to the needs of your business. We will then provide to you a fixed fee quotation for any necessary changes to ensure that your business is fully compliant with current legal requirements. ### Call our friendly team today on 0345 2413100 or email us for more information ### Contact our team today ###### To find out more please complete this form. > CP Law Solicitors have been acting for us for over a dozen years, initially on the recommendation of our Accountants. Since then the firm has acted for us in several property transactions, advised on purchasing business premises and more recently in a compensation claim relating to a complex case brought against us by the Inland Revenue. The skill, attention to detail, perseverance and sound advice from the members of the CP Law Solicitors Team have resulted in excellent outcomes, satisfaction and the reassurance that Lawyers For Life can help in all legal matters, personal and business. > > > > Karl Benz ## Insights from CP Law --- # Commercial Property Source: https://www.cplaw.co.uk/business-clients/commercial-property.md ## CP Law’s commercial property lawyers in Berkshire can offer professional support and comprehensive advice on our premises. We understand that this is a core element of any business operation. ### Our specialist commercial property solicitors in Berkshire can advise on many aspects of commercial property matters. We also have commercial property solicitors in Wokingham. Dealing with commercial property, whether buying, selling, letting or renting in Berkshire is a complex area frequently affected by changes in legislation. The law relating to the security of tenure and dilapidations at the end of a lease term applies differently to commercial property than it does **[residential property conveyancing](https://www.cplaw.co.uk/private-clients/residential-property/)**. Similarly for the continuing liability of an outgoing tenant. At CP Law, we tailor our services to each client by establishing and planning the best resolutions. We will deal smoothly and efficiently with the acquisition and disposal of all types of commercial property such as: - Offices- Shops- Factories- Licensed premises- Farmland- Property development / Development Land [ ![commercial property](https://www.cplaw.co.uk/wp-content/uploads/2022/12/commercial-property-building-1024x683.jpg) ](https://www.cplaw.co.uk/private-clients/powers-of-attorney/) [ ![](https://www.cplaw.co.uk/wp-content/uploads/2022/12/commercial-property-expertise-1024x683.jpg) ](https://www.cplaw.co.uk/private-clients/powers-of-attorney/) ### Our areas of expertise as commercial property solicitors Our expertise is varied, and we understand that each project may need a wide range of services. Each has its own challenges to overcome. This is why we encourage clients to contact us at the earliest stage of a project cycle. This enables us to foresee any potential problems and give comprehensive advice and solutions to your needs. We will provide you with accurate information on your premises and the conveyancing process. This includes: - Initial planning and investigations- Planning agreements- Option agreements- Secured lending- Corporate structures- Joint ventures- Dispute resolution- Portfolio management ### Commercial conveyancing Commercial conveyancing is the legal transfer of a property from one party to another for business purposes, such as office space, retail space or for manufacturing. For more information on this process, please view the elements below: - Sale and Purchase of Freehold and Leasehold Commercial Premises for business occupation- Investment or re-development of business premises- Ownership issues in relation to commercial property- Sale and lease-back arrangements- Buying and selling commercial property at auctions- Sale and purchase of land for re-development including conditional contracts, options and joint ventures**COMMERCIAL LEASES & TENANCY AGREEMENTS FOR LANDLORDS AND TENANTS** - Grant of leases- Renewals or rent reviews- Breaches of covenant and disputesGet in touch with our commercial property solicitors today If you are a landlord looking for a conveyancing overview of your premises or are wanting to review your current contracts, please get in touch and ask our lawyers to review your circumstances. ### Our Commercial Property Experts [ ![charles platel](https://www.cplaw.co.uk/wp-content/uploads/2022/10/charles-platel.jpg) ](https://www.cplaw.co.uk/insights/author/charlesplatel/) ###### Charles Platel - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Charles ](https://www.cplaw.co.uk/insights/author/charlesplatel/) [ ![natasha swanton](https://www.cplaw.co.uk/wp-content/uploads/2022/10/natasha-swanton.jpg) ](https://www.cplaw.co.uk/insights/author/natasha_swanton/) ###### Natasha Swanton - Director / Chartered Legal Executive / Licensed Conveyancer T: [0345 241 3100](tel:03452413100) [ meet Natasha ](https://www.cplaw.co.uk/insights/author/natasha_swanton/) [ ![raveena chana](https://www.cplaw.co.uk/wp-content/uploads/2022/11/Raveena-Chana-square.jpg) ](https://www.cplaw.co.uk/insights/author/raveenachana/) ###### Raveena Chana - Solicitor T: [0345 241 3100](tel:03452413100) [ meet Raveena ](https://www.cplaw.co.uk/insights/author/raveenachana/) ### Contact our team today ###### If you would like more information please contact our team by filling out the form below. > CP Law Solicitors have been acting for us for over a dozen years, initially on the recommendation of our Accountants. Since then the firm has acted for us in several property transactions, advised on purchasing business premises and more recently in a compensation claim relating to a complex case brought against us by the Inland Revenue. The skill, attention to detail, perseverance and sound advice from the members of the CP Law Solicitors Team have resulted in excellent outcomes, satisfaction and the reassurance that Lawyers For Life can help in all legal matters, personal and business. > > > Karl Benz ## Commercial Property Insights from CP Law --- # Business & Company Law Source: https://www.cplaw.co.uk/business-clients/business-company-law.md ## CP Law Solicitors, who have offices in Wokingham and Sunningdale, offer experienced company law solicitors who can assist in connection with the sale or acquisition of a business or shares in a company. ### CP Law Solicitors can advise on the best structures between parties in partnerships or companies and help prepare partnership agreements and shareholder agreements. Through its close links with tax specialists we can put you in touch with experts in taxation to ensure that any proposals are tax efficient as well as legally effective. ![business and company law](https://www.cplaw.co.uk/wp-content/uploads/2022/12/business-and-company-law-square-1024x683.jpg) ### CP Law Solicitors can advise on the following: - Sales and acquisitions - Shareholder Agreements - Reconstruction of Companies LLPs & other partnerships - Partnership Agreements - Dissolution of Businesses and Companies - Service Agreements for senior employees & company officers - Consultancy and Agency Agreements ### Our Business & Company Law Experts [ ![charles platel](https://www.cplaw.co.uk/wp-content/uploads/2022/10/charles-platel.jpg) ](https://www.cplaw.co.uk/insights/author/charlesplatel/) ###### Charles Platel - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet charles ](https://www.cplaw.co.uk/insights/author/charlesplatel/) [ ![raveena chana](https://www.cplaw.co.uk/wp-content/uploads/2022/11/Raveena-Chana-square.jpg) ](https://www.cplaw.co.uk/insights/author/raveenachana/) ###### Raveena Chana - Solicitor T: [0345 241 3100](tel:03452413100) [ meet raveena ](https://www.cplaw.co.uk/insights/author/raveenachana/) ###### If you would like more information please contact our team by filling out the form below. > CP Law Solicitors have been acting for us for over a dozen years, initially on the recommendation of our Accountants. Since then the firm has acted for us in several property transactions, advised on purchasing business premises and more recently in a compensation claim relating to a complex case brought against us by the Inland Revenue. The skill, attention to detail, perseverance and sound advice from the members of the CP Law Solicitors Team have resulted in excellent outcomes, satisfaction and the reassurance that Lawyers For Life can help in all legal matters, personal and business. > > > Karl Benz ## Business & Company Law Insights from CP Law --- # Business Clients Source: https://www.cplaw.co.uk/business-clients.md # Helping our business clients remain protected to weather any storm #### Top legal expertise with a friendly, personal service #### Respected business lawyers offering advice for over 40 years #### Complete solution for companies of all shapes and sizes #### Experienced litigation and commercial solicitors ## CP Law Solicitors are respected business lawyers in Wokingham and Sunningdale and have been delivering top class legal services to businesses for over 40 years. ### From the outset, we endeavour to understand the issues entirely from our client’s perspective. Our experienced team of litigation and commercial lawyers provide clear and timely advice to help our clients succeed in obtaining their objectives. ## Our dedicated team can give business law advice on a range of matters including: [ ![commercial dispute resolution](https://www.cplaw.co.uk/wp-content/uploads/2022/12/commercial-dispute-resolution-long-1024x684.jpg) ](https://www.cplaw.co.uk/business-clients/commercial-dispute-resolution/) ### commercial dispute resolution Disputes and litigation arise and this is an unfortunate reality of life. CP Law’s Dispute Resolution Department can assist to resolve such disputes as quickly and cost effectively as possible. - [ Dispute Resolution ](https://www.cplaw.co.uk/business-clients/commercial-dispute-resolution/) - [ Property Litigation ](https://www.cplaw.co.uk/business-clients/commercial-dispute-resolution/commercial-property-litigation/) [ explore more ](https://www.cplaw.co.uk/business-clients/commercial-dispute-resolution/) ### commercial property CP Law’s commercial property lawyers can offer professional support and comprehensive advice. Our specialist solicitors can advise on many aspects of commercial property matters. [ explore more ](https://www.cplaw.co.uk/business-clients/commercial-property/) [ ![commercial property](https://www.cplaw.co.uk/wp-content/uploads/2022/12/commercial-property-long-1024x684.jpg) ](https://www.cplaw.co.uk/business-clients/commercial-property/) [ ![development land](https://www.cplaw.co.uk/wp-content/uploads/2022/12/development-land-long-1024x684.jpg) ](https://www.cplaw.co.uk/business-clients/development-land/) ### development land CP Law Solicitors have a department of conveyancing lawyers who act in the acquisition of Development Land for a number of national house builders and for smaller developers. We have acted as commercial property lawyers on the acquisition of development sites from £500,000 to £40 million. [ explore more ](https://www.cplaw.co.uk/business-clients/development-land/) ### business & company law CP Law Solicitors offer experienced company law solicitors who can assist with the sale or acquisition of a business or shares in a company. We can advise on the best structures between parties in partnerships or companies and help prepare partnership agreements and shareholder agreements. [ explore more ](https://www.cplaw.co.uk/business-clients/business-company-law/) [ ![business and company law](https://www.cplaw.co.uk/wp-content/uploads/2022/12/business-and-company-law-long-1024x684.jpg) ](https://www.cplaw.co.uk/business-clients/business-company-law/) [ ![employment law](https://www.cplaw.co.uk/wp-content/uploads/2022/12/employment-law-long-1024x684.jpg) ](https://www.cplaw.co.uk/business-clients/employment-law-for-employers/) ### employment law Providing access to specialist employment and law advice. Claims from employees need to be handled with care in order to ensure a successful outcome or resolution. Our employment law team are able to navigate employers through difficult and challenging situations. [ explore more ](https://www.cplaw.co.uk/business-clients/employment-law-for-employers/) [ ![charles platel](https://www.cplaw.co.uk/wp-content/uploads/2022/10/charles-platel.jpg) ](https://www.cplaw.co.uk/insights/author/charlesplatel/) ###### Charles Platel Director / Solicitor T: [0345 241 3100](tel:03452413100) [ ![natasha swanton](https://www.cplaw.co.uk/wp-content/uploads/2022/10/natasha-swanton.jpg) ](https://www.cplaw.co.uk/insights/author/natasha_swanton/) ###### Natasha Swanton Director / Chartered Legal Executive / Licensed Conveyancer T: [0345 241 3100](tel:03452413100) [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen Director / Solicitor T: [0345 241 3100](tel:03452413100) [ ![raveena chana](https://www.cplaw.co.uk/wp-content/uploads/2022/11/Raveena-Chana-square.jpg) ](https://www.cplaw.co.uk/insights/author/raveenachana/) ###### Raveena Chana Solicitor T: [0345 241 3100](tel:03452413100) ### Contact our team today ###### With offices in Wokingham and Sunningdale, our friendly team can offer you clear and practical legal advice. > Hugely supportive, informative and ultimately helpful service. Lee took the time to walk me through the situation, outlining where he saw issues, and helped to bring things to a successful conclusion in a very timely manner. Would strongly recommend. > > > Martyn Sylvester ## Business Insights from CP Law --- # Berkshire Solicitors Source: https://www.cplaw.co.uk/solicitors-berkshire.md ## With legal practices in Sunningdale and Wokingham, CP Law is proud to be one of the leading firms of solicitors in Berkshire. ### If you are looking for Berkshire lawyers, we offer expert legal services catering to both individuals and local businesses. [ More About Us ](https://www.cplaw.co.uk/about-cp-law-solicitors/) ![succession planning](https://www.cplaw.co.uk/wp-content/uploads/2022/11/succession-planning.jpg) ### High quality, no travel … from London when you need something special. Legal services shouldn’t mean you have to battle traffic or train schedules, however, as CP Law Solicitors provide top-quality legal services with the care and attention to detail you would expect from a local business. We focus on constantly building and improving our relationships with our clients. Since establishing the practice in 1980, in Wokingham, we have had the opportunity to form lasting relationships with many of our clients and we are proud of the strong network we’ve built and the excellent recommendations we’ve received. [ Read our news ](https://www.cplaw.co.uk/insights-from-cp-law/) ### Legal advice for any issue With a strong focus on family law and conveyancing, CP Law Solicitors can provide all the legal services which most people will ever need. We can provide advice and legal support throughout your life, from buying your first home to estate planning, from registering your business to managing employee pension contributions. In our 40 years in business as solicitors based in Berkshire, we’ve grown and adapted but our core values of integrity, honesty and customer care have never shifted. We believe that seeking legal services or advice should not be intimidating or unpleasant and we work hard to ensure that you receive a warm welcome every time you visit us. Reading a legal document can be like trying to decipher an unfamiliar language – our goal is to make it clear, so you can make real choices and be fully informed. [ Private CLients ](https://www.cplaw.co.uk/private-clients/) ![legal advice](https://www.cplaw.co.uk/wp-content/uploads/2022/11/Sold-1.jpg) ![cp law service](https://www.cplaw.co.uk/wp-content/uploads/2022/11/cp-law-solicitors-service.jpg) ### Excellence and improvement At CP Law Solicitors, we are committed to providing the highest possible legal services to our clients. As part of this commitment we are constantly striving for improvement and ensure that our practice is independently assessed in order that we can improve any weak areas. We have been awarded the Law Society’s Lexcel quality standard annually since 2002. The award is given to firms who achieve the highest levels of excellence in client care, case and risk management. In addition, we are the first legal firm in Berkshire to be accredited within the Law Society’s Conveyancing Quality Scheme. The scheme has the benefit of deterring ‘fraud and continually improving standards across the residential conveyancing sector’. [ find out more ](https://www.cplaw.co.uk/about-cp-law-solicitors/the-practice/) ### Legal advice for any issue [**Dispute Resolution**](https://www.cplaw.co.uk/business-clients/commercial-dispute-resolution/) – We have a team of litigation solicitors that can assist with such matters as debt recovery, civil claims, commercial disputes and many more legal matters. [**Commercial Property**](https://www.cplaw.co.uk/business-clients/commercial-property/) – Our specialist property solicitors can advise on a wide range of commercial property matters. [**Business and Company Law**](https://www.cplaw.co.uk/business-clients/business-company-law/) – If you are looking for legal advice for your company, we have solicitors in Berkshire that will be able to assist you. [**Employment Law**](https://www.cplaw.co.uk/business-clients/employment-law-for-employers/) – We can advise on a variety of law matters in terms of employment law on behalf of a company, such as redundancy, contracts of employment, settlements agreements. ### Local law services for private clients [**Wills Trust and Estates**](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/) – We have a wills and probate department that can assist with such matters as wills, estate and inheritance tax planning and elderly client advice. [**Power of Attorney**](https://www.cplaw.co.uk/private-clients/powers-of-attorney/) – Our solicitors can assist you with legal matters regarding lasting power of attorney. [**Family and Matrimonial**](https://www.cplaw.co.uk/private-clients/family-law/) – If you are looking for a divorce solicitor in Berkshire we can assist you with a variety of legal matters. [**Residential Property**](https://www.cplaw.co.uk/private-clients/residential-property/) – If you need a Berkshire conveyancing solicitor, give us a call. [**Dispute Resolution**](https://www.cplaw.co.uk/private-clients/private-dispute-resolution/) – We have a team of litigation solicitors that can assist with such matters as personal injury, inheritance disputes, neighbour disputes and many more legal matters. [**Employment Law**](https://www.cplaw.co.uk/private-clients/employment-law/) – We can advise on a variety of law matters in terms of employment law on behalf of an individual. Such as redundancy, unfair dismissal, discrimination. ### Our Offices We have legal offices in Wokingham and Sunningdale, Berkshire [ our wokingham office ](https://www.cplaw.co.uk/cp-law-solicitors-wokingham/) [ our sunningdale office ](https://www.cplaw.co.uk/cp-law-solicitors-sunningdale/) ![the practice](https://www.cplaw.co.uk/wp-content/uploads/2022/10/the-practice-small-1024x604.jpg) ### Call our friendly team today on 0345 2413100 or email us for more information ### Contact our team today ###### With offices in Wokingham and Sunningdale, our friendly team can offer you clear and practical legal advice. > Thoroughly recommend CP Law. The service is friendly yet professional, and they have assisted me on four separate occasions during my time in Wokingham. As far as lawyers in Wokingham is concerned, I couldn't recommend anyone higher. > > > > Tom Skinner ## Insights from CP Law --- # Commercial Dispute Resolution Source: https://www.cplaw.co.uk/business-clients/commercial-dispute-resolution.md ## An unfortunate reality of life is that disputes and litigation arise. CP Law’s Dispute Resolution Department and team of experienced Litigation Solicitors can assist to resolve such disputes as quickly and cost effectively as possible. ![commercial dispute resolution](https://www.cplaw.co.uk/wp-content/uploads/2022/12/commercial-dispute-resolution-list.jpg) ### CP Law Solicitors can advise on the following: - [ Property Litigation ](https://www.cplaw.co.uk/business-clients/commercial-dispute-resolution/commercial-property-litigation/) - Debt Recovery - Civil Claims - Commercial Disputes - Bankruptcy / Winding Up Petitions - Contractual Disputes - Property & Construction Disputes - Professional Negligence Actions - Insolvency - Health & safety - Injunctions Our Litigation Solicitors specialise in all aspects of Dispute Resolution and will advise on the most appropriate solution to any dispute whether necessitating court action or a more innovative approach by utilising alternative means of dispute resolution including mediation and arbitration. **HOW MUCH WILL IT COST?** A Litigation Solicitor within our Dispute Resolution team will confirm at the very outset of any Dispute Resolution instruction the likely cost of instructing us to assist with resolving your dispute and will review this regularly to ensure that we manage your expectations about costs as much as possible so that there should be no surprises. [ ![commercial dispute resolution](https://www.cplaw.co.uk/wp-content/uploads/2022/12/commercial-dispute-resolution-overview-1024x683.jpg) ](https://www.cplaw.co.uk/private-clients/powers-of-attorney/) ### Our Commercial DIspute Resolution Experts [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen-long.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen - Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Lee ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### If you would like more information please contact our team by filling out the form below. > Thoroughly recommend CP Law. The service is friendly yet professional, and they have assisted me on four separate occasions during my time in Wokingham. As far as lawyers in Wokingham is concerned, I couldn't recommend anyone higher. > > > Tom Skinner ## Commercial Dispute Resolution Insights from CP Law --- # The Practice Source: https://www.cplaw.co.uk/about-cp-law-solicitors/the-practice.md ## Founded in 1980 by our Director, Charles Platel, CP Law Solicitors is a long-established firm of Solicitors in Wokingham, one of Berkshire’s most trusted law firms. ### Over the years the practice has acquired a wealth of experience in all aspects of law but especially property and company law providing affordable and practical legal advice and legal services to the local business community and private individuals, including those needing assistance with employment law. Our Berkshire employment law experts can assist employers by providing guidance on contract agreements, disciplinary procedures, and more. Our law business premises, although based in Wokingham, expand further afield. We offer our expert legal services and sound advice in all legal matters, from commercial property matters to helping understand the conveyancing process. We provide a personal service and a professional service to all of our clients and are confidential about all legal matters, whether you need divorce solicitors, personal injury lawyers, employment law specialists or anything else. CP Law Solicitors is a law firm and practice that can provide for almost all of your legal needs from your first house purchase to family law, to ensuring that any wishes you have made in your Will are carried out correctly. We offer a variety of legal services for businesses and individuals, so no matter your situation when it comes to wills, family or probate issues, we’re here to help you with specialised legal advice. Through a close relationship with our clients, we hope to provide the highest standard of legal services and expert legal advice. Whilst it is our job to know the law, our clients should not feel antagonised or intimidated by it or the people that practice it. [ SRA Standards & Regulations ](https://www.sra.org.uk/solicitors/standards-regulations/) [ Complaints Handling Procedure ](https://www.cplaw.co.uk/wp-content/uploads/2024/01/Complaints_Handling_Procedure_Jan_2024.pdf) [ Privacy Notice ](https://www.cplaw.co.uk/wp-content/uploads/2025/11/CP-Law-Privacy-Notice-v5-Nov-2025.pdf) [ Terms & Conditions of Business ](https://www.cplaw.co.uk/wp-content/uploads/2025/11/Terms-of-Business-CP-Law-Nov-2025.pdf) ## List of Directors [ ![charles platel](https://www.cplaw.co.uk/wp-content/uploads/2022/10/charles-platel.jpg) ](https://www.cplaw.co.uk/insights/author/charlesplatel/) ###### Charles Platel Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Charles ](https://www.cplaw.co.uk/insights/author/charlesplatel/) [ ![lee pashen](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lee-pashen.jpg) ](https://www.cplaw.co.uk/insights/author/leepashen/) ###### Lee Pashen Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Lee ](https://www.cplaw.co.uk/insights/author/leepashen/) [ ![emma cox](https://www.cplaw.co.uk/wp-content/uploads/2022/10/emma-cox.jog_.jpg) ](https://www.cplaw.co.uk/insights/author/emmacox/) ###### Emma Cox Director / Chartered Legal Executive / Licensed Conveyancer T: [0345 241 3100](tel:03452413100) [ meet Emma ](https://www.cplaw.co.uk/insights/author/emmacox/) [ ![natasha swanton](https://www.cplaw.co.uk/wp-content/uploads/2022/10/natasha-swanton.jpg) ](https://www.cplaw.co.uk/insights/author/natasha_swanton/) ###### Natasha Swanton Director / Chartered Legal Executive / Licensed Conveyancer T: [0345 241 3100](tel:03452413100) [ meet Natasha ](https://www.cplaw.co.uk/insights/author/natasha_swanton/) [ ![michelle machin jefferies](https://www.cplaw.co.uk/wp-content/uploads/2022/11/michelle-machin-jefferies-square.png) ](https://www.cplaw.co.uk/insights/author/michellemachin-jefferies/) ###### Michelle Machin-Jefferies Director / Solicitor T: [0345 241 3100](tel:03452413100) [ meet Michelle ](https://www.cplaw.co.uk/insights/author/michellemachin-jefferies/) ## We have the following accreditations: ![](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lexcel-practice-management-logo.png)CP Law Solicitors have been awarded the Lexcel quality standard annually since 2002, proving we provide our clients with an excellent service. Lexcel is the Law Society’s independently assessed practice management standard only awarded to firms who achieve the highest levels of excellence in client care, case and risk management for all of their legal services in various fields, such as family law and employment law. View our [**Lexcel Certificate**](https://www.cplaw.co.uk/wp-content/uploads/2025/06/Lexcel_Certificate_Charles_Platel__Partners_Solicitors-Limited_May_2025.pdf) or the [**Lexcel Pamphlet**](https://www.cplaw.co.uk/wp-content/uploads/2025/06/Lexcel_Pamphlet.pdf) ![resolution](https://www.cplaw.co.uk/wp-content/uploads/2022/11/resolution-logo.png)Lee Pashen of CP Law Solicitors has achieved Accredited Specialist status with Resolution – first for family law. Resolution is an organisation of lawyers and family justice professionals in our family law team who offer an impeccable service and believe in a constructive, non-confrontational approach to family law; disputes are dealt with in a way designed to preserve the dignity of our clients and encourage agreements. The Solicitors Regulation Authority is in charge of CP Law’s authorization and regulation and shows that we provide an excellent service to all of our clients. Our law firm is regulated. ![conveyancing-quality-scheme-logo](https://www.cplaw.co.uk/wp-content/uploads/2022/10/conveyancing-quality-scheme-logo.png)CP Law Solicitors was the first practice in Berkshire to secure membership to the Law Society’s Conveyancing Quality Scheme – the mark of excellence for the home buying process and have been successfully re-accredited for the second year. CP Law Solicitors underwent rigorous assessment by the Law Society in order to secure CQS status. This marks the practice as meeting high standards in the residential conveyancing process and deters fraud in the residential property market. ## Insights from CP Law --- # About CP Law Solicitors Source: https://www.cplaw.co.uk/about-cp-law-solicitors.md ## CP Law Solicitors is a team of lawyers with over 40 years of top legal experience throughout Berkshire, Surrey and Hampshire, with offices in Wokingham and Sunningdale. ### Our professional services are suitable for a variety of situations. Whether you’re moving home, going through divorce or separation, or in need of business legal advice, our friendly, capable law team would be delighted to assist you. ## More about CP Law Solicitors [ ![the practice](https://www.cplaw.co.uk/wp-content/uploads/2022/12/the-practice-long-1-1024x684.jpg) ](https://www.cplaw.co.uk/about-cp-law-solicitors/the-practice/) ### The Practice Founded in 1980, CP Law Solicitors is a long-established firm of Solicitors in Wokingham and Sunningdale and is one of Berkshire’s most trusted law firms. [ explore more ](https://www.cplaw.co.uk/about-cp-law-solicitors/the-practice/) ### The Team Our team of experts are here to help and offer a personal service to each and every one of our clients. Our professional services can help you across a variety of situations. Whether you’re going through divorce or separation, moving home, or in need of legal advice for a business, our friendly team will be delighted to assist you. [ Explore more ](https://www.cplaw.co.uk/about-cp-law-solicitors/meet-the-team/) [ ![the team of cp law solicitors](https://www.cplaw.co.uk/wp-content/uploads/2022/12/the-team-long-1024x684.jpg) ](https://www.cplaw.co.uk/about-cp-law-solicitors/meet-the-team/) [ ![careers](https://www.cplaw.co.uk/wp-content/uploads/2022/12/careers-long-1024x684.jpg) ](https://www.cplaw.co.uk/about-cp-law-solicitors/careers-with-cp-law/) ### Careers We are always on the lookout for talented, ambitious individuals to join our team at CP Law Solicitors. View our current vacancies here, however we always welcome speculative employment enquiries. [ explore more ](https://www.cplaw.co.uk/about-cp-law-solicitors/careers-with-cp-law/) ### News & Information Providing latest company and industry news, useful articles, factsheets and case studies. [ explore more ](https://www.cplaw.co.uk/insights-from-cp-law/) [ ![news and insights](https://www.cplaw.co.uk/wp-content/uploads/2022/12/news-long-1024x684.jpg) ](https://www.cplaw.co.uk/insights-from-cp-law/) [ ![equality and diversity](https://www.cplaw.co.uk/wp-content/uploads/2022/12/equality-and-diversity-long-1024x684.jpg) ](https://www.cplaw.co.uk/about-cp-law-solicitors/equality-diversity/) ### Equality & Diversity Understanding equality and diversity is essential to us as a business if we want to deliver a person-centred, safe and effective service and working environment. [ explore more ](https://www.cplaw.co.uk/about-cp-law-solicitors/equality-diversity/) ### Pricing The Solicitors Regulation Authority (SRA) require all regulated law firms to provide information on pricing in relation to certain types of work. View our pricing documents here. [ explore more ](https://www.cplaw.co.uk/about-cp-law-solicitors/pricing/) [ ![pricing](https://www.cplaw.co.uk/wp-content/uploads/2022/12/pricing-long-1-1024x684.jpg) ](https://www.cplaw.co.uk/about-cp-law-solicitors/pricing/) ### Contact our team today ###### With offices in Wokingham and Sunningdale, our friendly team can offer you clear and practical legal advice. > Excellent service provided by CP Law, Solicitors in Wokingham. We have used them on at least three separate occasions recently and cannot praise them highly enough for their services. I would particularly like to mention Catherine, she is always friendly, polite and approachable not to mention efficient and acts quickly to the job in hand. Everyone we have ever dealt with there including Charles and Natasha are polite, courteous and approachable and nothing is ever too much trouble. Telephone calls and emails are always replied to swiftly and all transactions were completed within the required timeframes. I cannot recommend this company high enough. > > > Marcus Bott ## Insights from CP Law --- # Equality & Diversity Source: https://www.cplaw.co.uk/about-cp-law-solicitors/equality-diversity.md ## Understanding equality and diversity is essential to us as a business if we want to deliver a person-centred, safe and effective service and working environment. ### Equality is about creating a fairer society where everyone can participate and have the opportunity to fulfil their potential and no one is unfairly disadvantaged whilst diversity is about valuing peoples’ differences and addressing their different needs and situations. CP Law Solicitors is committed to promoting equality and diversity within its workforce and also within our working practices. CP Law Solicitors run their business in a way that encourages equality of opportunity and respect for diversity. We will not tolerate any form of discrimination and strive to ensure that you will not be discriminated against unlawfully, or victimised or harassed by anyone, in the course of your professional dealings with CP Law Solicitors. We pride ourselves on treating both our employees and clients with the utmost respect and on an equal footing. Our approach to recruitment and employment encourages equality of opportunity and respect for diversity. We aim to protect and promote people’s rights to an inclusive and safe working environment. We aim to create a working environment in which all employees are able to give their best, there is no bullying and harassment or discrimination and all decisions are based on merit. Ensuring good equality and diversity practice ensures our services are accessible to all; ensures that everyone is treated with dignity and respect; supports involvement and self-management and supports improved outcomes for all. Equality and diversity are not ‘add-ons’, but are an essential part of how we deliver our services and how we work together. [ Equality & Diversity SRA Survey ](https://www.cplaw.co.uk/wp-content/uploads/2025/06/SRA-Diversity-Data-2025.pdf) ### Contact our team today ###### With offices in Wokingham and Sunningdale, our friendly team can offer you clear and practical legal advice. > Five star outcomes from Charles and his team at CP Law. I have enjoyed quality service and cost efficiency for over 10 years. > > > N Wiszowaty ## Insights from CP Law --- # Careers with CP Law Source: https://www.cplaw.co.uk/about-cp-law-solicitors/careers-with-cp-law.md ## CP Law Solicitors is a well-established and trusted law firm in the Thames Valley with over 40 years experience taking care of the legal needs of our community. ### We are a boutique, dynamic firm which is all about people – our success depends on our team of talented, dedicated and loyal staff. ![current vacancies](https://www.cplaw.co.uk/wp-content/uploads/2022/12/job-vacancies-1024x683.jpg) ### Interested in joining our team? If you share our values of delivering an expert legal service and first rate client care, and want to work in a nurturing, supportive team then please get in touch. Current vacancies are listed here but we always welcome enquiries from enthusiastic, talented individuals. Please contact us at **[mail@cplaw.co.uk](mailto:mail@cplaw.co.uk)** Solicitor / FCILEX / Licensed Conveyancer We are seeking an experienced and motivated conveyancer to join our busy and growing property team. The successful candidate will manage a varied caseload of residential conveyancing from instructions through to completion, providing excellent client care services and maintaining high professional standards throughout. This is an excellent opportunity for someone who enjoys managing their own case load and working in a supportive environment that encourages professional growth. You will be an enthusiastic team player with excellent verbal and written communication skills together with experience of using case management systems and be able to work to tight deadlines. The successful applicant will be qualified with 3+ Years PQE Solicitor / FCILEX / Licensed Conveyancer Key responsibilities:- - Managing a full residential conveyancing case load, including sales, purchases, remortgages, transfers of equity and new build transactions- Liaising with clients, estate agents, mortgage lenders and brokers - Preparing and reviewing legal documentation - Ensuring compliance with regulatory and internal procedures- Providing regular updates to clients and maintaining excellent communications throughout the transaction  Does this sound like you? For a more detailed discussion, please contact Natasha Swanton: [natashas@cplaw.co.uk](mailto:natashas@cplaw.co.uk) (Please no agencies) ## Some Benefits of working with us #### Private Healthcare Our company healthcare scheme offers individual cover for you, with the option to include family members at a small extra cost #### Enhanced Annual Leave 20 days’ holiday, increasing an extra day after 3 full years of service, up to 25 days; Extra day off on your birthday; Time off between Christmas and New Year plus bank holidays #### Company Pension Scheme Contributory pension scheme available to all our staff #### Central Location Our head office in central Wokingham has on-site parking and excellent transport links by road and rail, Wokingham train station is a short 10-minute walk away #### Social and Charity Events Regular social and charity events throughout the year, relaxing with colleagues and raising funds for great causes #### Supportive Environment Our commitment to open communication, recognition and appreciation, an inclusive culture and employee development contribute to the overall well-being and success of our work family ## What our staff say about working for us "CP Law are the only firm I have felt at home and genuinely appreciated, who really do care about you and your life outside work" "I feel my voice is heard and I play an active role in the firm" "Everyone has an important role and feels included, whether you are fee earning or doing an admin role, you feel part of a work family" ## We have the following accreditations: ![](https://www.cplaw.co.uk/wp-content/uploads/2022/10/lexcel-practice-management-logo.png)CP Law Solicitors have been awarded the Lexcel quality standard annually since 2002, proving we provide our clients with an excellent service. Lexcel is the Law Society’s independently assessed practice management standard only awarded to firms who achieve the highest levels of excellence in client care, case and risk management for all of their legal services in various fields, such as family law and employment law. ![resolution](https://www.cplaw.co.uk/wp-content/uploads/2022/11/resolution-logo.png)Lee Pashen of CP Law Solicitors has achieved Accredited Specialist status with Resolution – first for family law. Resolution is an organisation of lawyers and family justice professionals in our family law team who offer an impeccable service and believe in a constructive, non-confrontational approach to family law; disputes are dealt with in a way designed to preserve the dignity of our clients and encourage agreements. The Solicitors Regulation Authority is in charge of CP Law’s authorization and regulation and shows that we provide an excellent service to all of our clients. Our law firm is regulated ![conveyancing-quality-scheme-logo](https://www.cplaw.co.uk/wp-content/uploads/2022/10/conveyancing-quality-scheme-logo.png)CP Law Solicitors was the first practice in Berkshire to secure membership to the Law Society’s Conveyancing Quality Scheme – the mark of excellence for the home buying process and have been successfully re-accredited for the second year. CP Law Solicitors underwent rigorous assessment by the Law Society in order to secure CQS status. This marks the practice as meeting high standards in the residential conveyancing process and deters fraud in the residential property market. [![wills-and-inheritance-quality-logo](https://www.cplaw.co.uk/wp-content/uploads/2022/10/wills-and-inheritance-quality-logo.png)](https://www.lawsociety.org.uk/topics/firm-accreditations/wills-and-inheritance-quality-scheme/.)CP Law Solicitors are proud to be accredited with The Law Society’s Wills and Inheritance Quality Scheme (WIQS) which has been the mark of best practice for Wills and Estate Administration advice, since 2014. All members of our Private Client team have undergone the relevant training and adopted the protocol so that they maintain the highest standards of practice. For more information about WIQS please visit https://www.lawsociety.org.uk/topics/firm-accreditations/wills-and-inheritance-quality-scheme/. ## Insights from CP Law --- # Best areas of the UK for affordable upsizing Source: https://www.cplaw.co.uk/insights/best-areas-of-the-uk-for-affordable-upsizing.md **A new study by property finance specialists, One77 Mortgages, has identified the places where moving to a bigger home has the smallest cost.** The survey looked at Land Registry data to analyse the price increase from a flat to a terraced house, a semi-detached property and a detached home respectively. ### Moving from a flat to a terraced house The average cost across the UK of moving from a flat to a terraced home was estimated at £12,432. Anglesey offers the most affordable option, with an increase of just £4,819. Manchester and Liverpool were next, at £6,615 and £6,937 respectively. Also in the top ten were Newcastle-under-Lyme (£8,229), Nottingham (£9,829), Rossendale (£10,601) Oldham (£10,930), Salford (£11,815), Middlesbrough (£12,998) and Bradford (£13,047). ### Moving from a flat to a semi-detached house County Durham tops the list when moving to a semi at an extra £33,627. Also offering only a modest price jump were Carmarthenshire (£37,611), South Yorkshire (£37,922), Newcastle-under-Lyme (£39,419), Copeland (£40,311) East Ayrshire (£41,228), Stoke-on-Trent (£41,521), Doncaster (£42,293) and North Ayrshire (£42,523). ### Moving from a flat to a detached house Those wishing to make the leap from a flat to a detached home will have to find an extra £100,401 in Burnley, the most affordable upsize. The ten best value places required between £102,000 and £112,000 more than a flat, and included Country Durham, Stoke-on-Trent, Hyndburn, Carmarthenshire, Dumfries and Galloway, Blaenau Gwent, Blackpool, East Ayrshire and Neath Port Talbot. Managing Director of One77 Mortgages Alastair McKee said, “We don’t often consider upsizing straight off the bat and for many, the high cost of homeownership means that making it on the ladder at all is an achievement in itself. However, we’re currently enjoying a prolonged period of affordability where mortgage rates are concerned, in fact, some of the best on record, and this is likely to be the case for the mid-term at the very least. “Although we always advise strongly against anyone borrowing beyond their means, in current conditions it could pay to look a little harder, save for a little longer and increase your property potential now rather than later while taking advantage of a good rate of interest on your monthly payments. “While it’s unlikely that anyone will be making the jump straight from a flat to a detached home, the difference … to upsize to a terraced home would be a very manageable sum when considered on a monthly basis.” If you’re thinking of buying or selling your home and you’d like to speak to one of our expert property lawyers, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # Can a neighbour’s tree cause subsidence to your property? Source: https://www.cplaw.co.uk/insights/can-a-neighbours-tree-cause-subsidence-to-your-property.md **When buying a new home, you should pay attention to any sizeable trees near the property. While they often won’t cause a problem, there is occasionally a risk to the stability of a house nearby.** If your neighbour’s tree overhangs your garden, you are within your rights to trim any branches that encroach onto your property. The limbs that you remove strictly speaking belong to your neighbour, so you should return them to their side of the boundary. ### Subsidence from trees The roots of a tree are unlikely to damage property foundations themselves as few can penetrate concrete. However a large tree will remove a considerable quantity of water from the ground and this can cause the area to dry out more than before. When this happens, the soil shrinks and it is possible that the building’s support will be diminished. This effect can cause cracks as the house settles lower into the ground. ### Heave from tree removal Similarly, if a large tree is felled, the water table can be affected as nothing is removing the water any more. A substantial amount of water sitting in the ground can cause it to swell and rise upwards. This is called heave and it can also damage a property as foundations are pushed up from below. ### How to treat a tree problem If you suspect there may be a problem with a tree on neighbouring land, the first thing you should do is talk to the owner. They probably won’t want to risk legal action, should their tree damage your home, so the sensible course of action for them would be to investigate whether the tree is actually causing a problem. A qualified arborist will be able to give an opinion as to whether a tree is likely to damage property and will be able to suggest a course of action such as radical pruning or removal. If you are thinking about buying a property with a large tree on the boundary, make sure you pass your concerns on to your surveyor and ask their advice. They may suggest you obtain a specialist report and if any remedial action is recommended, you can ask the seller to deal with this before completion. Similarly, if the tree belongs to the property you are intending to buy, investigate whether it is likely to cause damage to your own or neighbouring property. You should also keep an eye on the size of trees near property. Some species grow very quickly and can become a problem in just a few years. If you are thinking of buying or selling a home, speak to one of our expert property lawyers on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # The Best Property Locations for Avoiding the Risk of Flooding Source: https://www.cplaw.co.uk/insights/the-best-property-locations-for-avoiding-the-risk-of-flooding.md **Flooding can bring devastation to affected homes and areas. Buying property in an area of high ground might be the answer.** [The Environment Agency](https://www.gov.uk/government/organisations/environment-agency) estimates that over five million homes in England are at a higher than average risk of flooding, with flooding now a more common occurrence than burglary. The Agency also says that intense bouts of flooding are set to become more frequent, so buying property in a flood zone might not be so much of a wise move. Estate agency Springbok Properties looked at the affordability of some of England’s highest cities above sea level, to potentially take some of the stress out of buying a house in a flood zone. It’s a good idea to keep in mind the rate at which sea levels are rising, the rate at which global warming is taking effect, and the potential of certain rivers bursting when you buy a home and are looking for home insurance. Buildings insurance and insurance cover, in general, can be expensive. Flood insurance costs when you live in a high-risk zone can be particularly difficult to cope with, and if you’re not prepared with flood defences, then you might be caught off guard. You might be more at risk if you live on the ground floor. If you reside in a flood risk property, it might be more difficult to acquire insurance that’s premium. ![flooded street](https://www.cplaw.co.uk/wp-content/uploads/2022/11/flooded-street.jpg) ### England’s Highest and Most Affordable Cities Springbok Properties measured the height in metres against the average property price, to come up with a cost per metre of elevation. Topping the list was [Stoke-on-Trent](https://en.wikipedia.org/wiki/Stoke-on-Trent), at 276 metres above sea level, with an average price of just over £114,000. The property cost per metre of height comes in £414. Second was Bradford, England’s highest city, at 324 metres. Average house prices there are £136,000, with the cost per metre of elevation £420. Next in line were Sheffield (£531), Birmingham (£752), Sunderland (£844), Wolverhampton (£865), Leeds (£936), Plymouth (£1,066), Nottingham (£1,0840 and Coventry (£1,137). Lower-lying [St Albans](https://en.wikipedia.org/wiki/St_Albans) came at the bottom of the list of affordability, with an elevation of 128 metres and average houses costing just over £499,000, giving a cost per metre of £3,900. ### Inland Flood Risk It should be noted that not all flooding comes from the coast however, with an estimated 50 percent as a result of ground water, sewers or [flash flooding](https://www.metoffice.gov.uk/weather/learn-about/weather/types-of-weather/rain/flash-floods) following torrential rain. This means that even properties high above sea level can face a threat if their location is, for example, in a heavily paved zone, at the lower end of a rise or in a densely populated urban area. Cities high above sea level can also face flooding from rivers. Bath is fifth on the list of highest English cities, at 230 metres above sea level, however over 5,000 properties there are considered at risk of flooding from the River Avon. ![flood sandbags](https://www.cplaw.co.uk/wp-content/uploads/2022/11/flood-sandbags.jpg) ### What to Look Out for When Buying If you are concerned that a property you are thinking of buying may be at risk of flooding, you should ask your solicitor to order a flood report. They will also make enquiries of the seller to find out any history of flooding. If you are buying or selling a property, talk to one of our expert lawyers on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # How to keep your garden looking great in winter Source: https://www.cplaw.co.uk/insights/how-to-keep-your-garden-looking-great-in-winter.md **An attractive garden can boost the value of your home, but if you’re selling in the winter months it can be hard to show it off. We look at some tips for keeping your outdoor area looking good in the dormant season.** When most plants have shed their leaves and nothing much is growing the garden can look messy and unloved. But with a bit of work and a few additions, you can still make it an attractive space. ### Structure The structure of the garden is all-important in winter. Prune trees and shrubs to lift stray branches away from paths and create a neat shape. Check that fences and gates are in good order and repair if needed. Similarly, make sure any shed or garage is in good repair and give it a lick of paint if necessary. ### Tidying One of the easiest ways to make a garden look crisp and tidy is by trimming hedges and the edges of lawns. If it is dry enough, mow the grass, then make sure all of the edges are neatly cut. Rake up leaves and sweep paths and patios or decked areas. Remove spent annual plants and cut back anything that is dead, although you can leave striking seed heads with architectural shapes for some winter interest. If you have garden furniture, try and put it out before viewings, even if you are keeping it inside over the winter months. This will fill an empty space, make the garden more welcoming and show potential buyers where they could sit in the summer. If possible, put clotheslines away. ### Planting Evergreen topiary comes into its own in the winter months, adding strong shapes and structure. Ferns are good for dark, damp corners and grasses look attractive in low winter sunlight. Plant up some containers with seasonal colour; the garden centre will have a variety of winter plants and flowers to choose from. The advantage of using containers is that you can take them with you when you move, so you could even splash out on some clipped evergreen shapes if you have a space that needs some drama. The same goes for sculpture. You can add a large urn or stylish ironwork piece and take it with you when you go, so long as you make it clear in the estate agent’s particulars and the fixtures and fittings list that it will not be left. To add some life to the garden, think about putting out bird feeders and a birdbath. The garden can add value to your home and make it a more attractive proposition to buyers, so it’s worth taking the time to make your outside space look as good as it can before putting your house on the market. If you are thinking of buying or selling your home and would like to talk to one of our expert property lawyers, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Tips for selling your house in the New Year Source: https://www.cplaw.co.uk/insights/tips-for-selling-your-house-in-the-new-year.md **The New Year is a great time for selling your home to take advantage of interest from those who have made the decision to move over the festive period. Follow our top tips for making your home attractive to buyers for a winter sale.** The darker days of winter might not seem ideal for selling a house, but with a little preparation you should be able to find a buyer despite the season. ### Light and warmth It’s especially important to ensure your home is cosy and welcoming in winter. Put the heating on and light fires. Side lamps will cast a warmer light than overhead bulbs, which can be harsh and unflattering. ### Declutter Put away as much clutter as you can, including winter coats and boots, to make your home seem as spacious as possible. This will help potential buyers picture themselves and their possessions in the property. You can add a vase or two of flowers to an empty table or shelf. ### Clean Give the property a good clean. Low winter sunlight is particularly good at highlighting dirty windows and dusty surfaces. Bleach any bathroom grouting if it has mould and replace sealant around baths and showers if it is showing signs of black. Make sure your home smells pleasant, despite windows that are likely to be closed in cold weather. Keep bins empty and air the kitchen after cooking. Essential oils are good at creating pleasing scents, but don’t overdo it, buyers may not enjoy the same aromas as you and you do not want them to think you are masking a problem. ### Decorate While you won’t want to spend a fortune on a property you intend to leave, if you have walls or doors that are marked or chipped, a quick coat of pale neutral paint can make a big difference. ### Tidy the garden In winter, buyers are looking for a neat and well-kept outside space. Rake and sweep up leaves, cut the lawn if possible and make sure any paths or decking are clean and not slippery. One of the most effective ways of making a garden look good out of season is by trimming hedges and edges so that they are crisp and straight. Cut back shrubs if needed and consider raising the canopy of trees to give more space underneath. If you have garden furniture, it’s a good idea to put it out for viewings so that buyers can see that there is space to sit. The front garden is just as important as the back, particularly as this is the first impression viewers will have. Invest in some seasonal containers filled with evergreen plants and winter flowers. These have the advantage that you can take them with you when you move. If you are thinking of buying or selling your home, speak to one of our property experts on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Applying for a mortgage successfully Source: https://www.cplaw.co.uk/insights/applying-for-a-mortgage-successfully.md **With lenders asking for more details of expenditure, debt and income than ever before, we take a look at what documents you should prepare before applying for a mortgage.** When you decide to buy a home, it pays to put your mortgage offer in place as soon as possible. This gives you a good chance of being taken seriously by the sellers of the property you make an offer for. It also means that they may choose you over someone who has yet to make their application. By providing your mortgage lender with as much relevant information as possible, the process should be quicker than if they have to contact you for outstanding information. Even so, it is likely to take around four weeks for the formal offer to be made, plus any additional time needed for the lender’s surveyor to carry out a valuation of the property. ### Information required Lenders will want an idea of how much your outgoings are, in categories such as debt payments, food, tax, energy bills, insurance premiums and travel costs. They will also take into consideration the number of dependents you have and any childcare expenses. ### Documents needed You will need to send evidence of your income, which will be by way of payslips, accounts or self-assessment forms for the past three years or P60 forms. You should include details of any benefits you receive, for example, documents showing payment to you of Child Benefit. You may also have to provide evidence as to where any deposit has come from, for example, that it has been gifted to you and is not a loan. Have the correct identification documents available, such as current passport, driving licence and utility bills that show your address. ### Preparing to make a mortgage application Put your finances in the best order you can before making a loan application. This means paying off or consolidating debts where you can, closing unused accounts and checking your credit score. Make sure you are on the electoral roll with your current address, as this may be used to verify your personal information. Take advice as to the type of mortgage that would best suit your circumstances and the amount that you will need to borrow and that you are realistically able to repay. Changing your requirements partway through the application process will cause a delay. To speed the process up and prove to buyers that you are serious, you can ask your lender for a mortgage in principle, ie. their agreement to loan you a specified amount once you have found the right property. If you are thinking of buying or selling a property, speak to one of our expert conveyancers on **0345 2413 100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Getting ready to sell a property post-lockdown Source: https://www.cplaw.co.uk/insights/getting-ready-to-sell-a-property-post-lockdown.md **The current pandemic has had a profound impact on society with many industries grinding to a halt because of social distancing advice.** For those needing to buy or sell property, the situation is unprecedented and incredibly frustrating. The UK is making its way through a second set of lockdown measures and the government has intimated that getting the property market moving again is important for the economy. Whilst it is unlikely that all businesses will be permitted to start working once the current lockdown measures expire, those looking to sell property should use the time to get themselves ready so they can hit the ground running once restrictions are lifted. ### Find an estate agent or start researching agents in your local area Although estate agents will be unable to meet you face to face, you could use this time to read reviews of local agents, enquire about the services they offer and ultimately choose the agent who is best placed to represent your needs. If you already have an estate agent and your property was marketed prior to the introduction of lockdown measures at the end of March, remain in contact with them and utilise this quiet time to seek their advice so that your property is in the best shape possible when the market reopens. ### Make sure your paperwork is complete Lockdown can be a fantastic opportunity to ensure all the forms needed to sell a home are complete. For example, the Law Society’s TA6 transaction forms need to be completed by all sellers to supply information on the property they are selling which can be relied upon during the conveyancing process. You will also need to provide: - Guarantees – this will include guarantees for both building works completed and for any appliances that you are planning on leaving - FENSA Certificates – if the house has had any new windows, you will need to provide the FENSA certificate which is valid for 10 years. - Records of servicing on the home’s boiler - Electrical Certificates - Building Control Certificates – these will highlight any extension or additions to the home prior to sale ### Research property stakeholders you may need to instruct Now is the time to research conveyancing firms, look at the services they are able to offer and choose the firm which offers the greatest levels of service and expertise. Similarly, although removal companies are also on lockdown at the moment, enquiring about services and current availability will ensure you are prepared and in a fantastic place post-lockdown. ### If you are a seller experiencing delays because of lockdown you should remain patient, even after restrictions are lifted You should consult your conveyancer and liaise with other parties in your chain. If you are selling then you are likely to be mid-chain, a precarious position at the best of times, but following these unprecedented events things could be a lot more unpredictable. Your conveyancer will be able to communicate with other parties and their legal representation and establish if the move is able to proceed. Whilst it may be frustrating if things move slowly after restrictions are lifted, remain patient in the process as we all adjust to a ‘new-normal’. The CP Law property team are on hand to provide advice on how to best prepare for move post-lockdown. Speak to a member of our expert team today. Ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # How do the SDLT changes affect me? Source: https://www.cplaw.co.uk/insights/how-do-the-sdlt-changes-affect-me.md **The announcement by Chancellor Rishi Sunak to increase the threshold at which Stamp Duty Land Tax is paid has opened the door to thousands of pounds worth of savings for home buyers.** ### What is Stamp Duty Land Tax? Stamp Duty Land Tax, or SDLT, is the levy charged by the government when you buy a house. You pay the tax when you: - buy a freehold property - buy a new or existing leasehold - buy a property through a shared ownership scheme - are transferred land or property in exchange for payment, for example, you take on a mortgage or buy a share in a house ### When do I pay SDLT? SDLT is due on completion of purchasing your home. Your legal representative will advise you of what you owe and will ensure the relevant paperwork is complete to enable payment. They will also make the payment on your behalf. ### How much will SDLT cost? Prior to the announcement, SDLT was applicable when you bought a property for more than £125,000 and £300,000 if you are a first-time buyer. SDLT is calculated as follows: - The portion between £125,001 and £250,000 is taxed at 2% - The portion between £250,001 and £925,000 is taxed at 5% - The portion between £925,001 and £1.5 million is taxed at 10% - The remaining amount, above £1.5 million, is taxed at 12% ### What has changed? On 8th July 2020 the government announced a Stamp Duty holiday, increasing the threshold at which SDLT is due from £125,000 to £500,000. From 8th July 2020 to 31st March 2021 the calculation is as follows: - Up to £500,000 is taxed at zero - The next £425,000 (the portion from £500,001 to £925,000) is taxed at 5%. - The next £575,000 (the portion from £925,001 to £1.5 million) is taxed at 10% - The remaining amount (the portion above £1.5 million) is taxed at 12% ### Second Homes The second homes surcharge (an additional levy for purchases which are not the homeowners only property) stands at 3% and is still applicable in all cases. There may be cases where you have not sold your main property prior to exchange on the second property which will incur the additional levy. In such cases you can apply for a refund as long as you sell your main residence within 36 months. CP Law’s team of expert solicitors can help you with your home move. Speak to a member of our team today, contact us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Steps to Protect Your Property Transaction Source: https://www.cplaw.co.uk/insights/steps-to-protect-your-property-transaction.md **The Coronavirus has seen millions of us affected at work and at home.** While we are all adjusting to a new way of life, criminals and fraudsters have been rubbing their hands with glee at the disruption and uncertainty; taking advantage of people working from home. With a range of tactics including email, phone calls, letters, criminals are targeting home movers at a time when everyone involved in the transaction is in an uncertain situation. The ultimate aim of the deception is to infiltrate the transaction and redirect funds being transferred between banks, law firms and property vendors. The Solicitor’s Regulation Authority, the organisation responsible for regulating solicitors, help consumers of legal services make informed choices about how to engage legal expertise. They also report where fraudsters are active through the SRA Scam Alert website ([https://www.sra.org.uk/consumers/scam-alerts/](https://www.sra.org.uk/consumers/scam-alerts/)) on which they say > We aim to help you make well-informed choices about using legal services. Our scam alerts warn you about people who call themselves solicitors but are not. These alerts tell consumers about criminal activity. And there has been a significant spike in criminal activity throughout Covid-19. 50% of all alerts in 2020 have come in the last 3 months. While September alone accounts for 20% of the total. So the advice is to be alert. The best way to avoid falling victim to this kind of fraud is to protect yourself. If possible, communicate over the phone. Where you must correspond via email, make sure that your passwords are strong and have been changed from their default setting. We will never send you amended bank details by email. If you receive any kind of email like this do not reply and please report it to us immediately. If you are contacted by somebody unfamiliar to you who we have not introduced, ask for their credentials and verify with a person known to you in the firm they are known to the firm and acting on your case. With property fraud appearing more and more frequently in the media, it’s normal to be concerned about your conveyancing transaction. Be assured we are here to help. If you have any questions or concerns please contact us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Top five questions when buying a house Source: https://www.cplaw.co.uk/insights/top-five-questions-when-buying-a-house.md **Whether you are a first-time buyer or selling and buying a home, the conveyancing process can be daunting. We answer the five most common questions that our clients ask.** ### How does the conveyancing process work? Once you’ve had an offer accepted on a house, you will need to instruct a solicitor. The seller’s solicitor will send them all the paperwork they need to get started with searches and enquiries. When your solicitor is happy that everything is in order and you have your deposit and mortgage offer ready, you can set a date for completion and your solicitor will exchange contracts. ### Do I need a survey? Buying a home is such a large investment that a survey is always recommended to ensure that the property is sound. There are different types of survey available, depending on the property. A condition report is the most basic, and suitable for new properties in good condition. A homebuyer report is useful for a standard property and includes a little more information in respect of possible defects. A building survey is the most in-depth option, suitable for older properties and properties in need of work. You should aim to find a surveyor who a member of either RICS or RPSA. ### When am I legally bound to complete? Once contracts have been exchanged, you have legally agreed to complete on the specified date. Up until that time, any party to the transaction can pull out without consequence. If a buyer pulls out after exchange of contract, they will lose their deposit, which is usually 10 per cent of the purchase price. ### How long will my conveyancing take? A standard conveyancing transaction may take 8-12 weeks, although this can vary. If there is a lengthy chain involved, progress can be slow as the transaction will move at the slowest person’s pace. Delays are most frequently caused by people waiting for a mortgage offer or search results. Finding a proactive solicitor will help ensure that there are no delays on your part. ### How much will it cost? Your solicitor will be able to give you a full breakdown of likely costs, but you should budget for Stamp Duty, Land Registry fees, search fees, legal costs, a survey and removals costs. Our fees are transparent, to help you plan, and all figures are broken down for you. We aim to make conveyancing as quick and stress-free as possible. If you would like to speak to one of our expert conveyancers, speak to a member of our team today. Contact us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Common house survey problems Source: https://www.cplaw.co.uk/insights/common-house-survey-problems.md **If you’ve found your dream home, the last thing you want is a survey that reveals problems. However, this doesn’t mean that your purchase can’t go ahead. Usually, a solution can be found.** When a property is offered for sale its condition isn’t always obvious. It isn’t until the surveyor has had a good look round that problems are discovered. We look at five of the most common issues that a survey reveals. ### Problems with the roof Because of the difficulties of examining a roof and the exposure it receives, a survey will quite often find problems with a roof. This could include damaged tiles, inadequate ventilation and insulation in the roof space, chimney disrepair and blocked guttering. ### Damp There are many causes of damp within a property, including condensation and inadequate ventilation as well as leaks and damage to the substance of the property and roof so that damp can come in from outside. Basements in particular often have quite extensive damp problems. ### Subsidence or structural movement Cracks in a property can simply be as a result of a house settling over time, or more unusually they may be indicative of a more serious problem such as subsidence. Your survey will advise you of the severity of the issue and you should be able to discuss possible remedies with the surveyor. ### Condition of the windows Modern double-glazed windows often fall into disrepair quite quickly and gaps and cracks can appear around them as well as moisture appearing between the glazing panels. ### The presence of asbestos Properties built before the eighties may have asbestos in them, for example, on a garage roof or in a boiler pipe. Asbestos has to be removed by specialist contractors and can be expensive to deal with. ### What to do when your survey reveals a problem A disappointing survey doesn’t have to mean the end of your purchase, but it is essential that you find out the extent of any issue and how much it will cost to rectify. Ask the estate agent if you can send round experts to look at a problem in depth and provide you with quotes for putting things right. You can then use these quotes to renegotiate the price to take into account the work that is needed. It is in the seller’s interest to agree a deal, as if there is a problem, it is likely to show up on everyone’s survey, so they won’t simply be able to find a new buyer. If you would like to speak to one of our expert property lawyers, contact us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Buying a property during the Stamp Duty holiday Source: https://www.cplaw.co.uk/insights/buying-a-property-during-the-stamp-duty-holiday.md **The temporary Stamp Duty holiday has been extended in an attempt to keep the property market active.** In June 2020, the chancellor Rishi Sunak announced a temporary Stamp Duty holiday, cutting the rate of the tax on purchases of up to £500,000 to zero. The current rate of 0 per cent payable on the first £500,000 will continue until 30 June 2021. From then until 30 September 2021, the rate will be 0 per cent on the first £250,000, returning to the pre-holiday rates from 1 October 2021. While buyers may be disappointed to miss the opportunity to buy with lower expense, the fact is that for many the savings were not large. The overheated property market with inflated prices may mean that many were paying a similar amount as they would have done before in any event. ### The Stamp Duty holiday savings The standard (pre-holiday) rates are 2 per cent on the part of the price from £125,000 to £250,000 and 5 per cent on the part of the price from £250,000 to £925,000. For those buying a property worth £500,000, there is a saving of £15,000, however looking at the average house price of around £250,000, the saving is only £2,500. ### The effects of the Stamp Duty holiday on the property market The tax break stimulated the property market excessively, with Nationwide reporting a 7.3 per cent average rise in house prices in the year to December 2020. People deciding during lockdown that they wanted to move to a different, more suitable home also contributed to the figures. Mortgage approvals were also up, with more in 2020 than the previous year, despite lockdowns and related disruption. The dramatic increase in attempted moves has resulted in a substantial slowing of conveyancing times as mortgage lenders and local authorities struggle to deal with increased workloads while also coping with staff working remotely and absences. ### The end of the Stamp Duty holiday If you don’t manage to buy before the October cut-off date, the news isn’t all bad. Most property groups are anticipating a slump in the market following the end of the Stamp Duty holiday. As well as lower property prices, this may offer buyers a better chance of securing a home as competition falls away. The overstretched local authorities and mortgage lenders will be able to function more quickly and transactions should therefore go through in a shorter time. Criticisms of the Stamp Duty holiday include the fact that the wealthy were helped more than lower income families, with those buying properties priced above average saving the most. Those buying properties at below average prices saved less, while those in rented accommodation did not benefit in any way. With high property prices, the biggest loser has been the Treasury, with the first nine months of the Stamp Duty holiday costing an estimated £3.8 billion. Reintroduction of the tax towards the end of the year will remove the artificial inflation of the property market. If you are thinking of buying or selling a property and you would like to speak to one of our expert lawyers, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # ITV’s The Bay creates property hotspot in Morecambe Source: https://www.cplaw.co.uk/insights/itvs-the-bay-creates-property-hotspot-in-morecambe.md **Popular ITV serial The Bay recently showcased Lancashire seaside town Morecambe, with its dramatic location on Morecambe Bay.** Following the screening of the second series of The Bay in early 2021, Rightmove reported a 71 per cent increase in searches for homes in the area in a single week. Television dramas have a reputation for driving enthusiasm when set in attractive locations, with programmes such as Poldark and Midsomer Murders boosting house prices nearby. Following the showing of The Bay, which included numerous shots of the town and sea as well as a property right on the water, house hunters looking at properties for sale in Morecambe were up 149 per cent over the same period in 2020. Searches for properties available to rent in the town were up 22 per cent. Morecambe has also seen a rise in tourism over the past two years, believed to be due to the popularity of the gripping crime drama. The town has a newly refurbished promenade, a stone jetty and famously a statue of Eric Morecambe overlooking the bay itself. ### Average prices The average house price in the town is £151,607, up 6.4 per cent from one year ago and 16.7 per cent higher than five years ago. This compares to the average price of a house in England of £266,742 and the average price of a home in the North West of £180,280. Average rents in Morecambe stand at £612 a month. ### Other hotspots Rightmove also released data showing hotspots in a number of other areas, particularly in the South. Looe in Cornwall had a weekly increase in buyer searches of 176 per cent compared with the same week in 2020, while Padstow jumped by 154 per cent and St Ives 123 per cent. Fowey and Ilfracombe were up by 121 per cent, Woolacombe was up 105 per cent and Salcombe up 101 per cent. Overall, properties in Devon and Cornwall accounted for seven out of the top ten locations for property search increases. The other two towns in the top ten were Tenby in Pembrokeshire and Bruton in Somerset. Rightmove’s property data expert, property data expert Tim Bannister said: “As a nation we’re fascinated with property, but what’s really interesting about this research is that it clearly shows the link between home-hunters’ searches and their everyday lives. “People are watching TV shows such as The Bay and then scrolling through Rightmove on their devices to see what’s available, and that’s why we’ve seen such a big spike in interest for property in Morecambe. “The same is true of Devon and Cornwall. There’s a number of Cornwall-focused lifestyle shows on TV at the moment and it’s hard not to get swept away dreaming about a life in the south west. We already know that rural and seaside areas are rising in popularity, so it’s a trend that bodes well for sellers in these locations.” With people keen to move out of cities and find a better work-life balance, coastal homes have never been as popular. If you are thinking of buyer or selling a property and you would like to speak to one of our expert lawyers, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Government help schemes for first time buyers Source: https://www.cplaw.co.uk/insights/government-help-schemes-for-first-time-buyers.md **Two Government schemes were launched in April 2021 with the aim of helping first-time buyers onto the property ladder.** First-time buyers with small deposits will be able to purchase a home under the Help to Buy: Equity Loan scheme, set to run from April 2021 until March 2023. The scheme, which replaces a previous similar offer, will allow those buying a new home from builders registered with the scheme to borrow between 5 and 20 per cent of the purchase price from the government, to top up the amount their lender is prepared to put forward. For those in London, there is the opportunity to borrow up to 40 per cent. ### Regional price caps The scheme imposes regional maximum prices on properties that can be purchased, as follows: | North East | £186,100 | | ---------- | --------- | | North West | £224,400 | | Yorkshire and the Humber | £228,100 | | East Midlands | £261,900 | | West Midlands | £255,600 | | East of England | £407,400 | | London | £600,000 | | South East | £437,600 | | South West | £349,000 | ### How the equity loan scheme works The first-time buyer is required to put down a deposit of at least 5 per cent, while the government will contribute up to 20 per cent (or 40 per cent for London properties). The government does not require any interest to be paid on the portion it loans to the buyer for the first five years. After this time, interest is payable. No capital is repaid, meaning the whole sum owed will not reduce. Repayment can be made at any time, but a minimum of 10 per cent of the value of the property must be repaid at any one time. Otherwise, the loan must be repaid at the end of the term or in the event that the property is sold. The amount repayable will be calculated by reference to the market value of the property at the time of repayment. This means that if the property increases in value, the amount to be repaid to the government will also increase. ### The mortgage guarantee scheme The government has also launched a mortgage guarantee scheme with the aim of increasing the range of 95 per cent loan-to-value mortgages available. The government will guarantee the part of a loan over 80 per cent, up to a maximum of 95 per cent of the price payable for the property. In the event that a borrower defaults, the government will pay the guaranteed part of the loan to the mortgage lender. This scheme is available to all first-time buyers (not just those buying a new build home), with a maximum purchase price of £600,000. A first-time buyer cannot have previously owned a home, either in the UK or overseas. The scheme is initially intended to run until December 2022. Lenders who have stated they will participate include HSBC, Lloyds Bank, NatWest, Barclays and Santander. If you are thinking of buying or selling a property and would like to speak to one of our expert lawyers, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # What are your rights when your new home isn’t up to scratch? Source: https://www.cplaw.co.uk/insights/what-are-your-rights-when-your-new-home-isnt-up-to-scratch.md **Problems often arise with newbuild properties and it is standard practice to compile a list of snagging items that need dealing with when you move into your new home. But what happens when the problems are more serious?** It is expected that there will a number of small issues to be corrected when you move into a new home. But for some homebuyers, difficulties can be extensive or long-lasting. ### Buyers’ rights New build homes come with a number of warranties, to include a ten-year warranty in respect of structural issues as well as a shorter warranty given by the developer in respect of fixtures and fittings. This is often for around two years. Residential property builds are usually covered by the Consumer Code for Home Builders, which sets out a code of conduct that builders should adhere to. When considering whether to buy a newbuild property, you should check that the builder is registered with a warranty scheme that follows the Code, such as the National House Building Council, Premier Guarantee or LABC Warranty. ### Moving into a newbuild home Before you complete your purchase, you can have a professional snagging survey carried out. Some builders may be hesitant to allow this before completion, in which case you should have it done as soon as you move in. The surveyor will look at the structure and the finish of the property, to include plastering, tiling, brickwork and whether doors and windows fit and close well. If you have had the survey done before completion, your solicitor will pass a copy to the builder’s solicitor so that the problems can be dealt with before you move in. Once you move in, you should also make a comprehensive list of any issues that still need to be dealt with. Take this to the builder straight away and ask them to address matters. It will be easier for them to send in workers while they are still on site dealing with other properties, rather than later on when they have left. In addition, it is good practice for them to ensure their buyers are happy while the site is still under construction and properties are being sold. ### If problems are not resolved If your complaints are not dealt with by the builder and you have exhausted their complaints process, you can take your matter to an independent resolution service. There is a strict deadline for doing this of twelve months from receipt of the builder’s final response to your original complaint. An adjudicator will consider written submissions from you and from the developer. You will need to provide evidence of a breach of the Consumer Code for Home Builders as well as evidence of the financial loss you have suffered. The adjudicator has the power to make a legally binding decision and award you compensation. As well as receiving an award for poor practice, you may also receive a modest sum in compensation for inconvenience. Where a builder does not rectify issues with a new home it can be stressful and upsetting. It is recommended that you seek legal advice in respect of your options. It is sometimes the case that a robust solicitor’s letter can help focus minds on resolving problems. If you would like to speak to one of our expert property lawyers, ring us on **0345 241 3100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # Properties with good views command price of up to 54% more Source: https://www.cplaw.co.uk/insights/properties-with-good-views-command-price-of-up-to-54-more.md **A study commissioned by estate agent comparison site GetAgent.co.uk has found that homes with good views attract prices of up to 54% more than the average.** The prices of properties in 23 major cities of the UK were examined, with the cost of homes with a view compared to those without. Results found that properties with good views fetched on average £536,187, 34% more than comparable properties without views, at £400,865. ### Which cities attracted the highest premium? Liverpool had the largest uplift in price for homes with good views, with an average price of £479,212, compared to 3302,710 for those without. This equates to a 58% premium. Southampton came second, with properties with views costing £495,66, 56% more than those without at £317,575. Nearby Portsmouth was similar, with a 54% increase, at an average price of £641,939. Birmingham and Plymouth were next in line, where increases stood at 53% and 48% respectively. The rest of the top ten were Newcastle (475), Bournemouth (47%) Leeds (46%), Bradford (45%) and Glasgow (42%). GetAgent’s founder and CEO, Colby Short, said: “Not only do good views give homes a special and unique factor that others cannot replicate, Britain’s strict planning codes mean that they are increasingly unlikely to be spoiled by new developments, thus protecting the good view premium regardless of what’s going on in the housing market. “As such, buyers will often go above and beyond to secure a home with a good view and this often means paying far more than they may have for another similar property. “It’s no surprise to see so many coastal locations ranking amongst some of the highest premiums paid for a home with a view. “Our obsession with the sea makes it one of the most desirable views you can find from the comfort of your own home. “If you own a home with a view, you hold a rare and winning hand that will reward you whenever you choose to play it. “But the view still has to be the icing on an all-around appealing cake. “So when it comes to selling, make sure to showcase your home at its very best and utilise a good local estate agent, who will be able to sell your home to its fullest potential.” Sea and water views are some of the most popular, with properties on the coast always at a premium. The premium extends beyond cities to small towns and coastal villages, with any property with even a glimpse of the sea substantially more than those without. With less than one in ten homes in the average seaside location having a view of the water, those who are lucky enough to be able to see the sea can raise their prices to meet the market demand. For those who are thinking of selling, making the most of the view and making sure it is prominently displayed in advertising will help them realise their property’s full potential. If you would like to speak to one of our expert property lawyers, ring us on **0345 241 3100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # What do searches reveal and why are they needed in a house purchase? Source: https://www.cplaw.co.uk/insights/what-do-searches-reveal-and-why-are-they-needed-in-a-house-purchase.md **If you are buying a property, your conveyancer will carry out a number of searches on your behalf. We take a look at the searches you will be advised to have and why they are necessary.** A property is a big investment and it is important to ensure that there will not be any nasty surprises in the future. Searches can reveal information about the local area and infrastructure, environmental risks and potential new developments that you might want to know about before you become legally bound to complete your purchase. If you will be taking out a mortgage, then your lender will insist that these searches are carried out so that it can be sure that the property is a sound investment. Anything out of the ordinary will need to be reported to your lender so that they can decide whether they are prepared to lend. ### Local authority search This will provide a range of information from the local authority’s records, including whether there are any property developments in the area, what planning consents have been issued in respect of the property, whether the property is listed and whether it is in a conservation area. ### Water and drainage search Enquiries of the local water authority are intended to establish that they are responsible for the water mains and sewers and whether the authority owns any pipes that run onto the property. ### Environmental search This can reveal potential environment risks, to include nearby premises that deal with chemicals, previous uses of the land, potential contamination, ground stability, landslips, nearby landfill or former landfill and whether the property is on a flood plain. ### Flood report For some properties, a separate flood report is recommended. This can provide information about any history of flooding and the potential future flood risk. It will include data in respect of a range of flooding, including river, coastal, groundwater and surface water risks. It will also give a risk assessment level and information about whether the property could be difficult to insure. If the risk of flooding is high, this must be reported to your insurer as well as to your mortgage lender. ### Mining and quarrying searches Some areas have a history of mining or quarrying, to include for coal, china clay, tin, stone and brine Your conveyancer will be able to advise whether you need a search in respect of any of these issues. A search will generally reveal issues such as old workings near the property or capped mine shafts. ### Radon testing Radon is a radioactive gas that occurs naturally in many areas, with higher levels in some parts of the country. It seeps into properties and can increase the risk of lung cancer where it is present in higher than average concentrations. An environmental search will generally tell you whether a property is in an area classed as a ‘Radon Affected Area’ by the UK Health Security Agency. You can ask for a radon test to be carried out to identify the levels of radon present and your solicitor can also ask the seller if they have had a test done in the past. While a test can be done over a three-month period, it is also possible to have a shorter ten-day test carried out. Where higher than average levels of radon are present, remedial action will be necessary to remove the gas. ### Land Registry and bankruptcy searches A Land Registry search checks the registered title to the property at the Land Registry prior to completion, while a bankruptcy search ensures that the seller is not bankrupt as, if they were, they would not be entitled to sell the property. If you are thinking of moving home, speak to one of our expert property solicitors, ring us on **0345 241 3100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # No-nups – cohabitation agreements for those living together Source: https://www.cplaw.co.uk/insights/no-nups-cohabitation-agreements-for-those-living-together.md **If you are thinking of living with someone without being married to them, either as a romantic partner or simply as a friend, relative or other cohabitee, you should consider putting a cohabitation agreement or ‘no-nup’ in place.** Named after the equivalent pre-nuptial agreement or ‘pre-nup’ that couples can enter into before marriage, no-nuptial agreements or no-nups can protect the legal position of those who will be living together. ### Why enter into a no-nup or cohabitation agreement? If you live with someone in a shared house, you may assume that after a period of time you will have some rights to stay in the property or to have a share of the proceeds when it is sold, particularly if you have contributed to the mortgage or maintenance. In fact, if you are not a legal owner and you are not married, you will not simply acquire these rights. This extends to other issues such as maintenance or taking into account something that might put you in a financially weaker position than your co-habiting partner, such as giving up your career to care for any children you have together. A no-nup can be drafted to deal fairly with financial and other issues between those who are living together. It can help to start cohabitation out on an open and honest footing, with any potential areas of disagreement discussed and settled in advance. In the long run, a no-nup can help avoid disputes and give you the reassurance of knowing what will happen, should you and your cohabiting partner go your separate ways. ### What goes in a no-nup agreement? The agreement can include whatever you want and will be tailored to suit your exact circumstances. Issues that are commonly put in a no-nup include: - How any property will be shared, should you separate - How other assets will be dealt with on separation, to include savings, investments and pensions - What will happen should one of you wish to sell property that you own together - How you will deal with the transaction if one of you wishes to buy out the other, to include how a valuation will be agreed upon - Who will be responsible for paying the mortgage and other outgoings - Who will be responsible for debts, to include pre-existing debt - What arrangements you are putting in place in respect of your children ### Who should get a no-nup? A no-nup is particularly recommended in the following circumstances: - Where one partner has more money than the other and will be contributing more towards the cost of a shared home - Where one party has substantial debts - If you intend to have children and you may leave your career to raise them ### Is a no-nup legally binding? Provided certain criteria are covered, a no-nup or cohabitation agreement is a legally binding contract. For this reason, it is always recommended that it be drawn up by an experienced solicitor. The requirements are as follows: - Each party has made full disclosure to the other of their financial situation - Each party has taken independent legal advice before signing the agreement - The agreement has been signed as a deed in front of witnesses If you would like to speak to one of our expert property solicitors about putting a no-nup or cohabitation agreement in place, ring us on **0345 241 3100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # How Marriages Affect a Will Source: https://www.cplaw.co.uk/insights/how-marriages-affect-a-will.md **It is estimated that 54% of people in the UK do not have a will and of those who do, many do not know the effect either getting married or divorced will have on what they have chosen to leave to their loved ones.** Many do not wish to think or plan for their death, especially during the excitement of a new marriage or the depths of divorce, however it is important at these times to ensure a will is up to date. When a person gets married, a will they may have previously written will be automatically revoked and is no longer valid. This means that unless a new one is drawn up, if the unfortunate should happen, a person’s assets will be left to the laws of intestacy. The rules of intestacy mean that the property (the person’s estate) is shared out according to certain rules, where a spouse, civil partner or close relatives are the first to inherit what remains in the estate. If a person wishes to leave all their belongings and estate to their new spouse this is not as much of a worry, the troubles come if a person wishes to leave the estate to children, other family members or friends or even charity. If a couple are still married at the time of death, the surviving spouse may inherit the majority of the estate even if they were officially separated at the time of death. Under the rules the surviving spouse will inherit all personal property and belongings, the first £322,000 of the estate and then half of the remaining estate. This could see children see nothing by way of an inheritance. If a person dies after the death of their spouse, any will made prior to the marriage will have been made and remains invalid and their estate again will be left to the rules of intestacy. This could see the estate going to the nearest living relatives, something the deceased may not have wanted. The effect of divorce on a will is slightly different, however. Instead of a will becoming invalid, and falling to the rules of intestacy, it is treated as though the spouse had died on the date the divorce was issued, or dissolution in the case of civil partnerships. This can cause trouble if a significant portion of an estate had been left to a spouse, as instead the gift will return back to the residue of the estate, going to any residuary beneficiaries. This could cause issues for example where specific amounts had been left to children, relatives or friends after any amount that had been intended for a spouse. Those who had specific amounts will receive them (provided there is enough in the estate), however the amount designated to a spouse and any remaining amount will go to the beneficiary who it was intended to only have what remained. This may be a distant relative or charity who then inherits a significant amount more. A divorce also has an effect on a will if a spouse was appointed as an executor or trustee, as they will again be treated as if they had died upon divorce. This could cause problems should they have been named as a trustee for a trust to benefit shared children, as the trust will fail. In the event of a marriage or divorce it is important that a will be reviewed, and any changes made to ensure that your wishes are complied with. It is recommended that a regulated solicitor draw up your will safeguarding your wishes and any special provisions you may like to make. If your finances or circumstances are difficult a solicitor will be able to navigate you through the various options, meaning less mistakes are made that could potentially make the will invalid. If you would like to speak to one of our Wills and Probate experts, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Probate process can be slower if deceased does not leave a Will Source: https://www.cplaw.co.uk/insights/probate-process-can-be-slower-if-deceased-does-not-leave-a-will.md **The probate process can be a slow one, involving the winding up of all of someone’s affairs following their death. If they did not leave a Will, the time taken can sometimes be longer, as their estate may be less organised than someone who has planned for the future and there could be difficulties in identifying and locating beneficiaries.** When someone dies, their personal representative is tasked with finalising their estate. This can be a time-consuming task. It involves valuing all of the deceased’s assets, collecting the assets in, clearing and selling property, paying all bills, to include calculating and paying Inheritance Tax, preparing detailed estate accounts, finding the beneficiaries and distributing the proceeds of the estate to them. Probate can take around 9-12 months, although this can vary widely depending on the complexity of an estate. The large amount of time involved usually arises from the number of organisations that need to be notified, waiting for them to respond, providing the information and documentation they need to close accounts or sell shares and the time taken to clear and sell the deceased’s home. ### What might slow the probate process down If there is confusion about whether the deceased has left a Will, it may delay application to the Probate Registry as searches are made. Similarly, if the deceased left more than one Will, there could be difficulties in establishing whether another more up-to-date document exists that would supersede the others. If a Will goes missing, then attempts will have to be made to try and find it. It could be that the deceased destroyed the Will, but it is important that searches are made to try and find whether this is the case. If only a copy Will exists, it may be possible to use this, however the process is longer and more complicated than a straightforward probate application. Anyone who is adversely affected by the copy Will, for example, someone who has not been included in the Will but who might otherwise have stood to inherit would need to consent to the copy Will being proved. ### What happens if someone dies without leaving a Will If the deceased did not leave a Will, then their estate passes in accordance with the Rules of Intestacy. The Rules list who will inherit in a strict order. For example, if the deceased left a spouse and children, then the first £322,000 of the net value of their estate along with all of their personal possessions passes to the spouse. The remainder is split, with the spouse receiving half and any children sharing the other half equally. There is a risk that loved ones may not receive what the deceased would have liked them to have. In the case of cohabiting partners and stepchildren, they will not inherit anything. ### The advantages of leaving a Will As well as ensuring that everyone is provided for after your death and minimising the risk of disputes arising between family members, by leaving a Will you have the opportunity to structure your estate in the most efficient way possible. There are ways to legitimately reduce Inheritance Tax liabilities and to ensure that your money is not used in the future in a way that you would not want, for example, by being left to someone else by your spouse or being used for their care home fees instead of passing to your children. If you would like to speak to one of our expert Wills and probate lawyers, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Intestacy explained Source: https://www.cplaw.co.uk/insights/intestacy-explained.md **When someone dies without leaving a Will, they are said to have died intestate. There are strict rules governing who will inherit their estate, known as the Rules of Intestacy.** Dealing with the estate of someone who has not left a Will can be more complex and time-consuming than normal. There can also be an increased risk of disputes arising. ### Who inherits an intestate estate? The Rules of Intestacy (the Rules) set out who is entitled to inherit an intestate estate in strict order of preference. By way of example, if someone is married with children then their spouse is entitled to the first £322,000 of the estate, plus all of the deceased’s personal possessions. The remaining half of the estate will be split into two, with one half going to the spouse and the remaining half shared equally between the deceased’s children. Under the Rules, cohabiting partners and stepchildren will not receive anything. ### Estate administration An administrator will generally need to apply to the Probate Registry for a Grant of Letters of Administration giving them the authority to deal with the winding up of the estate. Those who will inherit under the Rules are entitled to apply to become the estate administrator, in the same order of priority. If someone does not want to take on the role, which can be time-consuming and sometimes complex, then the next person can step up. ### Disadvantages of intestacy Difficulties can arise in the winding up of the estate of someone who died without a Will. If more than one person is entitled to dealing with the administration, there may be a dispute over who takes on the role. It may be harder for an administrator who has not been prepared for the role to identify all of the deceased’s assets, to include gifts of cash made within the last seven years. They will also be responsible for discharging all of the deceased’s debts and other liabilities. The administrator needs to ensure that they have included all of the beneficiaries who are entitled to inherit. If the deceased did not have close family or had a number of children whose whereabouts are unknown, this may be difficult. The administrator could be held personally liable for any mistakes that they make that give rise to a loss, even if the error was genuine. Where someone close to the deceased, such as a cohabiting partner, or someone who relied on the deceased for financial support does not receive anything after their death, they may decide to make a legal claim against the estate. The administrator will be required to defend this claim, which could be expensive and time-consuming. Disputes could also arise among family members who believe that the deceased would have wanted them to receive more than they are entitled to under the Rules. The best way to avoid difficulties is to ensure that a valid Will is in place. If your relative has died without leaving a Will, it is recommended that you seek legal advice in dealing with the winding up of their estate to protect your position. If you would like to speak to one of our expert Wills and probate lawyers, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Will Myths Source: https://www.cplaw.co.uk/insights/will-myths.md **There are strict rules surrounding Wills and the administration of estates after a death, meaning that relying on some common beliefs could cause problems for your loved ones.** We take a look at some common misconceptions and what the true position is. ### My spouse will inherit everything if I die If you die without making a Will, then the Rules of Intestacy will govern who inherits your estate. If you have children, these rules provide that your spouse will inherit all of your personal possessions together with the first £322,000 of your net estate. The remainder of the estate will be split into two, with your spouse receiving one half while your children share the other half equally between them. This could mean that your spouse inherits substantially more than your children, which might not be what you want to happen. ### Getting married will not affect the provisions made in my Will If you marry, your Will automatically becomes invalid (unless you have made a Will specifically in contemplation of your marriage) and your estate will pass under the Rules of Intestacy. It is therefore important to make a new Will if you marry. ### I can make alterations to my Will provided I initial them This is not the correct way to alter your wishes and any amendments made in this way will not take effect. It is often best to make a new Will if you want to change some of the provisions. The new Will should state that it revokes all previous Wills. Alternatively, if you want to make only a minor amendment, you could consider having a codicil drawn up and signed and properly witnessed then attached to the Will. ### If I die, my family can decide who will look after my children If you do not make a Will specifying who you want to be your children’s guardians, it will be for the court to decide who will look after them. Even if someone steps forward to take on this role, the court may choose someone else. If you make a Will, you can set out who you want to act as guardian and also appoint trustees to look after any money you are leaving your children until they are at the age at which you would like them to inherit. ### My home will pass to my spouse What will happen to your home will depend on the type of joint ownership you have. If you own it as joint tenants with your spouse, then they will automatically own it, should you die. If you own it as tenants in common, then your share will pass in accordance with the terms of your Will or the Rules of Intestacy. This could mean that your spouse could be forced to leave the property if your share passed to someone else. ### Making a Will is complicated and expensive Making a Will can be quite straightforward and need not take long. It can also provide the peace of mind of knowing that you have provided for your family, should anything happen to you. Writing a Will is generally inexpensive. If you do not have a Will, there is an increased risk of a dispute arising after your death. If your executors are forced to defend legal action, this could be extremely expensive and drain your estate of funds. If you would like to speak to one of our expert Wills and probate lawyers, ring us on **0345 241 3100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # Study finds sibling rivalry lasts to adulthood Source: https://www.cplaw.co.uk/insights/study-finds-sibling-rivalry-lasts-to-adulthood.md **A study has shown that sibling rivalry lasts into adulthood, with arguments continuing down the years over sensitive issues.** A poll commissioned by NOW found that a quarter of adults still argue with their siblings. Some 26% compete with a brother or sister over their career while 22% bicker about home ownership. Over 20% argue about who is the favourite child, with a further 20% competing over cooking skills. Other areas of competition included holidays, parenting abilities and who has the best car. The research also found that older siblings are the most competitive as well as being the most successful. Sisters tend to be more competitive than brothers. Some 17% of those questioned said they had felt sibling rivalry throughout their lives, with 43% saying it increases around the time of special occasions such as Mother’s Day and birthdays, with competition to organise the best celebration or buy the best gift. Competition drove 15% to try to outdo their sibling when it comes to having a successful career, with 23% achieving this goal. ### What will this mean when it comes to dealing with the death of a parent? Emotions can run high after a death and where siblings have a sometimes tense relationship, there is a risk that disputes could arise. If the deceased did not leave a Will, then their estate will pass in accordance with the Rules of Intestacy. These set out a strict order in which family members will inherit. For example, if the deceased left a spouse and children, the spouse will inherit the first £322,000 from the net estate plus the deceased’s personal possessions. The remainder of the estate will be split as to 50% to the spouse and 50% to be shared between the deceased’s children. Stepchildren will not inherit anything. The estate will also need an administrator, who will generally need to apply for a Grant of Letters of Administration, giving them authority to deal with the winding up. There could be some dispute as to who should take on this role if the deceased did not leave a Will. If the deceased does not leave a spouse, then their children will share their estate, to include their personal possessions. This gives substantial scope for disagreement over who gets what. ### Writing a Will If you leave a Will you have the chance to set out exactly what you want to happen after your death. You can specify who you want to receive various possessions and who you would like to act as your executor and deal with the administration of your estate. You can also leave a letter with your Will if you wish, explaining why you made the choices you did. If your family know exactly what your wishes were, there is less likely to be a dispute when the time comes. If you leave a well-drafted Will, there is also less scope for a family member to challenge the situation or bring a successful claim. With evidence that disagreements between siblings can continue long-term, putting the right Will in place is more important than ever. If you would like to speak to one of our expert private client lawyers, ring us on **0345 241 3100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # Valuing an intestate estate Source: https://www.cplaw.co.uk/insights/valuing-an-intestate-estate.md **When someone dies without leaving a Will, their estate is distributed according to the Rules of Intestacy (the Rules).** The Rules state that the first £322,000 in the estate passes to any spouse or civil partner of the deceased. For this reason, it is important to accurately value an intestate estate so that those left behind have a good idea of what they are entitled to inherit. ### The Rules of Intestacy As well as inheriting the first £322,000, a surviving spouse or civil partner will also receive all of the deceased’s personal property and belongings. If the deceased left children, then they will receive half of the remainder of the estate, shared between them equally, with the spouse or civil partner receiving the other half on top of the first £322,000. If there are no children, the spouse will inherit everything. Distribution of an estate under the Rules can be a surprise to some families, as it means that children might not receive the bulk of the estate. On occasion, this can be problematic, for example, if it is a second marriage and the children were expecting to inherit more. ### Valuing an estate If you are the deceased’s administrator, then you will have the responsibility of winding up the estate and paying the beneficiaries in accordance with the Rules. One of the first jobs is to list all of the deceased’s assets. This could include property, bank accounts, life insurance policies, shares, pensions, cars, jewellery, art and other valuables. This may involve correspondence with various asset holders as well as obtaining professional valuations, which is recommended, so that you can demonstrate to the beneficiaries that you have had the assets properly valued. Some assets may be jointly owned in a way that means they will pass automatically to a surviving spouse and not be counted as part of their £322,000 initial share. This includes any property that is owned as joint tenants (but not property that is owned as tenants in common) and jointly held bank accounts. You will also need to find out the extent of the deceased’s debts so that this sum can be deducted from the assets to give the net value of the estate. Debts will include Inheritance Tax, Income Tax, mortgages and balances due on credit cards. Once you know the value of the estate you can arrange for payment of the Inheritance Tax and apply for a Grant of Letters of Administration from the Probate Registry. This will enable you to collect in and sell the assets before preparing estate accounts and distributing the estate. Dealing with an estate can be a lengthy and onerous task, with personal liability for any losses arising from an error. You can instruct a solicitor to deal with the winding up of an estate on your behalf if you do not feel able to do it yourself. ### Making a Will It is always advisable to leave a Will to avoid misunderstandings and the potential for disputes after a death. This also gives you the opportunity to appoint your choice of executor to deal with your estate after your death. If you would like to speak to one of our expert lawyers about Wills or probate, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # What happens to your estate when you die without a Will? Source: https://www.cplaw.co.uk/insights/what-happens-to-your-estate-when-you-die-without-a-will.md **If someone dies without making a Will, they are said to be intestate. If they do not have any living relatives, then it is the law that their estate will go to the Crown.** The Rules of Intestacy provide that where an individual has not left a valid Will, then on their death their estate passes to a spouse and/or other close relatives in order of priority. Some loved ones are not included on this list, to include stepchildren and cohabiting partners. ### The Rules of Intestacy Those entitled to inherit when someone does not leave a Will are as follows: - Spouse or civil partner - Children - Grandchildren, or their children - Parents - Siblings or their children - Half-siblings or their children - Grandparents - Aunts and uncles or their children - Half-aunts and uncles or their children - The Crown If someone leaves both a spouse and children, then their estate may be split between them, depending on how large it is. The first £322,000 of the net estate and all of the deceased’s personal possessions are left to the spouse, if there is one. The remainder of the net estate is split in half, with the spouse receiving one half and the deceased’s children sharing the other half equally. Where the deceased leaves neither a spouse nor children, then the next group of relatives in order of priority is entitled to inherit. The estate will generally be administered by someone who is inheriting under the Rules of Intestacy. ### When there are no surviving relatives If there are no relatives to inherit, then the estate is deemed to be ‘bona vacantia’ or without an owner and it will pass to the Crown. It will initially be notified to the Bona Vacantia Division, administered by the Treasury Solicitor on behalf of the Crown. The Bona Vacantia Division will wind up the estate then hold the funds for twelve years, during which time it is possible for those who believe they may be entitled to receive money from the estate to bring a claim. For example, if the deceased lived with someone or maintained someone during their lifetime, that person may be able to make a claim. ### Avoiding bona vacantia Ensuring your estate does not pass to the Crown can easily be done by making a valid Will. You can choose who you would like to benefit from your estate and include those who would not receive anything under the Rules of Intestacy, such as cohabiting partners or close friends. You can also choose to leave money to charity if you wish. In some circumstances, you can reduce the amount of Inheritance Tax payable by doing this. Leaving a valid Will also reduces the likelihood of a dispute arising after your death. Where your loved ones know what your wishes were and whom you would like to inherit, then they are less likely to make a legal claim. If you would like to speak to one of our expert private client solicitors, ring us on **0345 241 3100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # Renters’ Rights Act 2026: Key Changes for Landlords and Tenants Explained Source: https://www.cplaw.co.uk/insights/renters-rights-act-2026-key-changes-for-landlords-and-tenants-explained.md **After a number of years campaigning the Renters’ Rights Bill has finally become law. The Renters’ Rights Act coming into full force on 1 May 2026 will provide greater benefits to renters with a fairer renting system. We set out the key changes below:** ### End of No-Fault Evictions Landlords can no longer use Section 21 notices to end tenancies and must now use specific grounds to evict like selling the property. ### Periodic Tenancies Fixed-term contracts are replaced by rolling, periodic tenancies, allowing tenants to leave with two months' notice at any time. ### Rental Discrimination Ban Landlords cannot implement blanket bans on renting to families with children or individuals receiving benefits. ### Pet Rights Tenants gain the right to request a pet, which landlords cannot unreasonably refuse. ### Rent Control Rents can only be increased once per year using a Section 13 notice. Rent increases must be at market rate and require 2 months' notice. ### Ending Bidding Wars Landlords and agents are prohibited from encouraging or accepting offers higher than the advertised rent. ### Quality Standards The "Decent Homes Standard" is applied to the private rented sector. A new legal standard, "Awaab's Law," will apply, requiring hazards like mold and damp to be fixed within specified, tight timeframes. ### New Protections A national Landlord Ombudsman and a new Private Rented Sector Database will be established to resolve disputes and hold landlords accountable. ### Rent in Advance Restrictions will prevent landlords from requiring excessive rent up front. Requests for rent to be paid in advance are limited to a maximum of one month. ### Safety Requirements Landlords are required to provide gas safety certificates and Electrical Installation Condition Reports (EICR). These reforms aim to provide tenants with greater security and better-quality housing, with enforcement, including potential fines of up to £7,000 for violations like illegal evictions, managed by local authorities. Criminal prosecutions with unlimited fines are also possible for severe non-compliance. For advice relating to issues of Landlord and Tenants, please contact Lee Pashen on[ leep@cplaw.co.uk](mailto:leep@cplaw.co.uk) or 0345 241 3100. This article is written as a general guide and should not be taken as containing legal advice. --- # Splitting Up is Hard To Do Source: https://www.cplaw.co.uk/insights/splitting-up-is-hard-to-do.md **When a relationship breaks down and there are children and financial matters that need resolving, where do you turn to? In the current economic climate, many couples may feel that they are simply unable to afford to get divorced or separate.** The Family Department at CP Law appreciates the difficulties that both married and unmarried couples face. With property prices changing daily, the cost of living increasing and other economic factors causing concern, it may seem impossible for a couple whose marriage or relationship has broken down, to see a way out. Our aim at CP Law is quite simply to make life easier for you and to relieve you of some of the burden in often very upsetting and difficult situations. We will guide you through the relevant procedure, keep you informed of your matter on a step by step basis and deal with your case in a professional but understanding and straightforward manner. We appreciate that money can be tight in the current climate so we will look for the most cost-effective method of concluding your matter, as quickly as possible. If you wish to discuss any aspect of your divorce, separation or other family matter then please contact our office and ask for Lee, who will be happy to discuss your options further. [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) / 0345 241 3100 **Alternatively look us up on our Website [www.cplaw.co.uk](https://www.cplaw.co.uk) or follow us on Twitter, Instagram or Facebook** CP Law also specialises in Residential Conveyancing, Company/Commercial and Commercial Conveyancing, Wills and Probate and Administration of Estates, Dispute Resolution including Civil Litigation and Employment Law. --- # Non Molestation Order – How to apply Source: https://www.cplaw.co.uk/insights/non-molestation-order-how-to-apply.md **If you are a victim of domestic abuse and the person you want to be protected from (‘the respondent’) is:** - someone you are having or have had a relationship with - a family member - someone you are living or have lived with If you are under 16 you need permission from the High Court to apply for a non-molestation order. **What is your relationship with the respondent?** You can apply if you are a victim of domestic abuse (mental and physical abuse which also includes a form of abuse known as coercive control) and the respondent is your: - husband, wife or civil partner - former husband, former wife or former civil partner - fiancé, fiancée or proposed civil partner - former fiancé, former fiancée or former proposed civil partner – if your engagement or agreement to form a civil partnership ended less than 3 years ago - boyfriend, girlfriend, partner or a person you’re in or have been in a relationship with for more than 6 months - a close family member, for example a parent, brother, sister, aunt or uncle. If you would like assistance with making an application or want to discuss it further or want to discuss any family matter then please contact our office and ask for Lee, who will be happy to discuss your options further. --- # Enforcing Financial Orders upon Divorce Source: https://www.cplaw.co.uk/insights/enforcing-financial-orders-upon-divorce.md **So you have a financial order in place following divorce which may include an order for your former spouse to pay you a lump sum, a monthly payment known as spousal maintenance or periodical payments or a pension sharing order of your former spouse’s pension. ** However your former spouse has not handed over the lump sum, transferred property to you, or they have stopped paying the monthly payment or not provided the necessary payment or information to the pension provider. So what can you do about making your former spouse comply with the financial order? In the first instance you should make contact with your former spouse to try to encourage them to comply with the financial order and if that fails then contact your solicitor. If your former spouse still fails to implement the terms of the order then you will need to refer the matter back to the court for enforcement action. There are various options available to the court in order to enable the financial order made, be implemented and such options depend on what the terms of the order are i.e. lump sum payment or sale of the family home etc. ### Examples of Enforcement options a court can make **Family home** The most common breach of a financial order is where the family home is to be sold and proceeds divided between the parties but your former spouse is refusing to sign the paperwork to enable the sale to proceed or to vacate the family home. Where this happens, your solicitor can ask the court to: - Allow you to manage the sale alone; - Order your former spouse to leave the property; or - Agree to sign the sale papers on your former spouse’s behalf. The court will often leave the party living in the family home to deal with arrangements such as viewings and dealing with the estate agents but if your former spouse will not facilitate is then the court may order that these matters should be left to you to deal with and, if necessary, that your former spouse should be ordered to leave the property. In the event your former spouse refuses to sign the sale paperwork a court can agree to sign the documents on their behalf to enable the sale to go through. **Non-payment of maintenance** If the order provides for a spousal maintenance order and your former spouse stops paying or does not commence payments you can only usually ask the court to order the payment of arrears. The court will only usually consider payments which are under 12 months old so it is essential to deal with arrears as soon as the first couple of payments are missed. If your former spouse is in paid employment the court could, as one of the options available to it, make an order that the sums due and future payments are deducted from your former spouse’s salary/pay. **Will there be enforcement action costs I will be liable for?** Yes there will be legal fees and associated costs to take enforcement proceedings, but you can ask the court to add these costs to the money you are owed so that reimbursement can be claimed from your former spouse. As with any litigation there is a risk you do not recover your costs or your former spouse does not have the money available to pay you. You should obtain legal advice early on so your legal team can help you weigh up your opinions. For the further options available or further information then please contact our office and ask for [Lee](https://www.cplaw.co.uk/insights/author/leepashen/), who will be happy to discuss your options further. --- # Do I need a Living Will as well as a Lasting Power of Attorney? Source: https://www.cplaw.co.uk/insights/do-i-need-a-living-will-as-well-as-a-lasting-power-of-attorney.md **A Living Will, also referred to as an Advance Decision, allows you to refuse certain medical treatment, should you become unable to make this decision in person at some point in the future.** A Lasting Power of Attorney (LPA) for Health and Welfare has a wider remit, appointing attorneys to act on your behalf to make decisions regarding your care and personal welfare as well as medical decisions. ### Living Will or Advance Decision A Living Will is a document that details your wish not to receive specified medical treatments in the future, should you lack the mental capacity to make this decision yourself at the time. Examples of treatments that you could refuse include surgery, a blood transfusion and resuscitation. Some care cannot be refused, including basic care that will keep you comfortable as well as food and drink given by mouth. You cannot ask for anything that is not lawful, such as euthanasia or help to take your own life. You cannot insist on a particular medical treatment; decisions as to what treatment you are offered will be taken by your medical practitioners. ### Lasting Power of Attorney An LPA appoints someone to make decisions on your behalf in the future, should you ever lose the capacity to do this yourself. There are two types of LPA, financial and health and wellbeing. The health and wellbeing LPA gives your attorney the power to decide on issues such as where you will live, who you will see, what you do on a day to day basis, including what you eat, and what medical care and treatment you are given. ### Which should I choose, Living Will or LPA? It is perfectly acceptable to have both a Living Will and an LPA, but it is important to understand the power each confers and which will take priority. With a Living Will, you have stated your own preferences for refusal of medical treatment. With the LPA, your trusted attorney will make those decisions for you, although you will have had the opportunity to make them aware of your wishes at the time of making the LPA. If both a Living Will and an LPA are drawn up, ideally you should make sure that you have not made conflicting requests. The document that was signed most recently is the one that will take priority if they both deal with an issue differently. For example, if you signed a Living Will and then later on put a health and welfare LPA in place, then your attorney, acting on the authority of the LPA, will dictate what treatments you are given or what treatments will be refused on your behalf. ### Making a Living Will or Advance Decision If you are thinking about putting a Living Will in place, you should speak to your doctor and medical team about the issues you are considering. They will be able to help explain the consequences of any decisions you are thinking of making. Wherever possible, you should also speak to your loved ones about your plans. This will help them deal with the situation and can avoid them feeling that they have to challenge a decision that is being made on your behalf in the future. If you would like to speak to one of our expert Wills and LPA lawyers, ring us on **0345 241 3100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # Lasting Powers of Attorney – ESSENTIAL FOR EVERYONE, not just the elderly Source: https://www.cplaw.co.uk/insights/lasting-powers-of-attorney-essential-for-everyone-not-just-the-elderly.md The misconception that Lasting Powers of Attorney (LPA) are only for the elderly needs to be dispelled. While it's true that many people lose capacity later in life, it can happen to anyone at any age, regardless of gender, background, or wealth. This is crucial because, contrary to popular belief, a spouse, partner, or next of kin does not have the authority to access your finances. Therefore, if you lose capacity, your banks may not grant your family access to your independently owned assets unless you have entered into an LPA and appointed someone under a Property and Financial LPA. The same applies to your health. If you lose capacity and are unable to make decisions, your family members do not have an automatic right to make decisions on your behalf. While they can certainly communicate with healthcare professionals, the final decision rests with the medical team. Without a Health and Welfare LPA, your family cannot enforce your specific wishes regarding your health. In the event of a general decline in capacity, an accident, sudden illness, or even a mental health crisis, an LPA ensures that a plan is in place to protect your future. ### What is an LPA? An LPA is a legal document that designates a trusted individual to make decisions on your behalf regarding your finances (including any property you own), as well as your health and welfare. You can specify how and when they are authorized to make these decisions. The Property and Financial LPA can be used even if you have not lost capacity, if you choose for it to be used in that way. You may feel that you need additional assistance day-to-day or when you are out of the country. The people you have elected and trusted in your LPA can help you with these matters while you still have capacity. ### What if I lose capacity and I don’t have an LPA? - You will no longer have the capacity to make an LPA. Therefore, you will no longer be able to decide who makes the decisions for you. - If friends and family have to make decisions for you, they may have to go to court and apply for a Deputyship Order on your behalf. This process is not only more expensive but also takes a considerable amount of time to complete, adding stress for your loved ones. ### Can I make an LPA without a legal advice? If you are over the age of 18 and have mental capacity, you can make an LPA provided you pay the court fee and ensure the document is signed correctly. Obtaining legal advice can help you understand the decisions that your appointed individuals can make and the principles they must follow. Legal advice can also guide you in drafting instructions and preferences to safeguard your assets and ensure your wishes are clear. It's common for the Office of the Public Guardian (OPG) to reject LPAs due to poorly drafted instructions, rendering the LPA unusable. --- # AI and the Legal Profession Source: https://www.cplaw.co.uk/insights/ai-and-the-legal-profession.md We all use it in some form whether it be Siri on iPhone, Gemini on Google, Microsoft CoPilot or ChatGPT, but what is it? Artificial intelligence (AI) is technology that enable computers and machines to perform tasks that we typically associate with human minds which include learning, reasoning, and problem-solving. AI systems work by analysing data for correlation and patterns and use this information to make recommendations. They can also adapt their behaviour based on the effects of previous actions. AI has significantly advanced in the last few years with many of us opting to use it instead of a search engine. The legal industry has also seen a significant increase in use with AI now being integrated into case management systems and legal research tools. LexisNexis launched its AI platform which can answer legal questions, generate documents and summarise legal issues. The Law Society has also commented on the rapid development of AI technologies and how AI has introduced new possibilities and challenges for the legal sector. As the professional body for solicitors, they have provided a ‘strategy’ to support members in navigating the AI landscape. The Law Society has responded to the government’s white paper on artificial intelligence focussing on the roles the legal profession plays in the advancement of AI: ***“We aim to make sure the legal profession is and remains an authoritative voice on AI that not only impacts the profession but also the UK economy”.*** In the next few months, the Law Society plan to: • continue to influence, lead and shape regulatory and policy positions on AI for the legal sector • widen their resource offering to identify and address the risk, challenges and ethics of AI • publish research on the impacts of AI specific to members and areas of law The Legal profession can benefit enormously from the use of AI improving the efficiency of legal work. We may see a change in roles and shifts in their responsibilities. AI tools can be used to draft simple contracts, letters or carry out preliminary legal research and can help do all of this faster and more cost-effectively. If AI could carry out the tasks traditionally performed by lawyers, could AI replace lawyers. What will be next - robot Lawyers or a LawGPT? Ultimately, analysing, reviewing, and advising clients will always require a human touch. Most AI responses cannot be relied on and come with a disclaimer to have it verified by a legal professional. Regardless of the positive or negative impact, AI is raising questions that are reshaping the legal profession, and we will most certainly see many changes in the next few years. --- # The Seven-Year-Itch: Myth or Median? Source: https://www.cplaw.co.uk/insights/the-seven-year-itch-myth-or-median.md According to data from the Office for National Statistics the number of divorces dropped reaching the lowest level since 1971. There were 80,057 divorces granted in England and Wales in 2022 a 29.5% decrease compared to 113,505 divorces in 2021. There is a possibility that the number of divorces and dissolutions granted during 2022 may have been affected by the introduction of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020). The DDSA 2020 was passed in June 2020 and came into effect on 6 April 2022. The act replaced the “five grounds” now allowing couples to divorce without assigning grounds and introduced new mandatory waiting periods requiring applicants to wait a minimum of 20 weeks from the start of proceedings until applying for the conditional order of divorce. ![Divorce rates for males and females per 1,000 of the married population aged 16 years and over, England and Wales, 1950 to 2022](https://www.cplaw.co.uk/wp-content/uploads/elementor/thumbs/Untitled-design-86-qzpbm06o6azhm4yhk91784xth5o9t6w1gwqgpjg7b4.png) This is the first year that the date includes divorces and dissolutions under the new legislation and provided the following insightful information: “The cumulative percentages of marriages ending in divorce before their 25th wedding anniversary has increased over time. For couples who married in 1963 (the first cohort with data available), *23% had divorced before their 25th anniversary.* This has steadily risen to *41% for couples who married in 1997* (the latest marriage cohort to potentially reach their 25th anniversary)”. “Marriages ending before their 10th anniversary has increased from *1 in 10* couples married in 1965 (10%) to *1 in 4* couples in 1995 (25%). For couples married more recently, however, there has been a decrease, with less than 1 in 5 (18%) marriages in 2012 ending in divorce before their 10th wedding anniversary (the most recent cohort to reach their 10th anniversary)”. “For more recent marriages (in 2012 to 2015) only 1 in 10 had ended in divorce before their 7th anniversary. This level was last seen for couples who married in 1972”. “For those with less than 30 years of marriage, the most common duration of marriage for opposite-sex couples getting divorced in 2022 was **7 years,** with 4,143 divorces”. A statistic that some may say demonstrates that the 7-year itch does indeed exist. The seven-year itch is the idea that the rate of divorce peaks around the seven-year mark of a couple's relationship. Whilst there is no definitive proof that the seven-year itch is real, the data from the Office for National Statistics suggest the term may have some basis and it's a phenomenon that can be observed. We offer a fixed fee divorce at £1000 plus VAT which includes making the necessary application to bring the marriage/civil partnership to an end plus the divorce court fee, which is subject to increases set by HMCTS. Once the application has been issued, there is a minimum 20-week period until a conditional order (formerly Decree Nisi) can be granted. This 20-week period gives the parties a period of time to reflect whether they want to proceed with the divorce. After the 20-week period elapses, a conditional order for divorce can be granted. Following the conditional order being granted, a further period of 43 days must elapse before you can apply for a final order (formerly Decree Absolute). Once the final order has been granted, the marriage will be formally dissolved. At CP Law Solicitors we understand divorce can be a difficult and stressful process. Our experienced solicitors are here to guide you and offer support along the way.   --- # Barder Events in Family Law Source: https://www.cplaw.co.uk/insights/barder-events-in-family-law.md A Barder event is a principle in Family law that allows a party to set aside or appeal a financial remedy order made upon divorce if a significant event occurs shortly after the order is made. The principle derives from the case Barder v Barder [1987] where an order was successfully appealed because of a very sad situation where the wife killed the two children of the family and committed suicide within weeks of the final order being made. The Court of Appeal set out specific criteria for revisiting and potentially overturning financial orders made upon divorce. **Criteria for Applying the Barder Principle** To successfully apply the Barder principle the following conditions must be met: - A significant and unforeseen event occurs within a relatively short time (months) after the order is made - The event must invalidate the basis of the order or a fundamental assumption upon which the order was made - The application to set aside the order must be made promptly, typically within a few months of the event  - Permission must not prejudice any third parties who have acquired rights in relevant property in good faith and for valuable consideration Typically, Barder events do not involve general misfortune, such as losing a job. Barder events are exceptional and rare where parties have suffered significant financial losses or potential losses as a result of external events that are beyond their control. The threshold for what constitutes such an event is very extremely high. The event must significantly alter the basis on which the original order was made and therefore it would be unfair to uphold the original agreement. For example, if a wife was awarded a large proportion of the family assets to support a child, and the child tragically dies shortly after the order is made, this could be grounds to set aside the order under the Barder principle. Courts are generally reluctant to reopen financial orders. However, if the principle is successfully applied the court can set aside the original order and make a new one that reflects the change in circumstances. --- # What Is The SQE? Source: https://www.cplaw.co.uk/insights/what-is-the-sqe.md **What is the SQE?** The SQE is the Solicitor Qualifying Exam which is the new route to becoming a solicitor rather than the LPC which is the Legal Practice Course. The LPC is currently being phased out with the academic year of 2025/26 being the last year group able to complete the LPC. The deadline for those who fall under this timeframe will have until the end of 2032 to complete their LPC. After this, the SQE will be the only route to becoming a Solicitor. Both the SQE and LPC course can be taken alongside a Legal Practice Masters or solely as the LPC or SQE. The Masters part is an optional additional which consists of a detailed research project in a particular area of law from a delegated list. Both routes can be undertaken full-time or if you would prefer part time, which would enable one to work alongside completing the course. If you undertake the courses full-time, you can complete them within a year, the SQE can take slightly longer due to when you can book the examinations. When taking the courses part-time it can take two years for the LPC and up to two and half years for the SQE depending on examination dates. **Where can one study the SQE and how is it funded?** The course can be studied through different universities both in person and online. The costs of which can be privately funded by the individual and what that cost would be, is dependent on which university you study at and how you intend to study i.e. full or part time. Please note that if applying to complete the SQE course through a university you can only obtain student finance funding if you also take the Legal Practice Masters alongside. There is also the apprenticeship route which is fully funded by the government and your employer and you do not need to complete the Legal Practice Masters. It is also worth noting that the SQE exams can be taken without completing the courses, for example through self-study or if you have worked in a law firm for some time and have the knowledge and skills required to be exempt from having to attend the courses. **How is the SQE Assessed?** There are two assessments for the SQE course, the SQE1 and SQE2. The SQE1 assesses knowledge through a series of multiple-choice questions via two examinations and the SQE2 assesses skills through written and oral examinations. Both SQE1 examinations must have been passed before you can take the SQE2 examinations. **Qualifying Work Experience** Unlike the LPC, you can complete your Qualifying Work Experience at the same time as completing the course part-time. This allows the flexibility of working as well as studying for the qualification. . Under the LPC route you must complete the training contract after completing the course. During your training contract you must have worked in at least 3 departments one of which is non contentious such as private client. The Qualifying Work Experience for the SQE can be completed in one department, so is very useful if you know what department you wish to specialise in. **What next once you pass the SQE?** Upon completing the SQE you can apply to be admitted as a Solicitor for England and Wales through the Law Society and the Solicitors Regulatory authority (SRA). Once successfully being admitted to the roll by the Law Society, you become a qualified Solicitor, and the SRA will issue you with a Practising Certificate. Practising certificates are renewed every year on 1st November. Upon being admitted to the role you also can attend a graduation ceremony called an Admission Ceremony organised by the Law Society for newly qualified Solicitors. --- # What The New Employment Rights Bill Means For You Source: https://www.cplaw.co.uk/insights/what-the-new-employment-rights-bill-means-for-you.md **What will this mean for both employers and employees?** Between 2010 and 2024 there was relatively little new employment legislation, with most key laws, such as the Employment Rights Act 1996, dating from the 1990s. More recently, there have been many private members’ bills introduced on various aspects of employment law. Many of these, on topics such as banning fire and rehire, regulating zero hours contracts or protecting pregnant employees from redundancy, did not make it through to a second reading. Others, such as the Parental Bereavement (Leave and Pay) Act 2018, became law in April 2020. Substantial adverse effect means more than just a minor impact on a person's life or how they can do things but which may fluctuate or change and may not happen all the time. More recently, during the 2022-23 parliamentary session, a series of seven private members’ bills, all with government support, passed and became law, on topics including tipping, redundancy protections, family leave, flexible working and protection from sexual harassment at work. Described as the biggest set of proposed reforms to workers’ rights in a generation, the Employment Rights Bill (“the Bill”), introduced to parliament on the 10 October 2024, will deliver the key legislative reforms set out in the Government’s Plan to Make Work Pay. The Bill is due to make several key changes including: - protection from harassment - fire and re-hire - day one rights - flexible working - zero-hour contracts The majority of the proposed reforms are expected to come into force in Autumn 2026. We shall explore some of the key ones below. **Day One Rights for Unfair Dismissal** Employees will have the right to claim unfair dismissal against their employer from day one. Currently in order to qualify for unfair dismissal rights an employee would need to have two years continuous service with their employer on the effective date of dismissal to bring a claim. Under this new law, Employers will still be able to dismiss employees if they follow a fair and transparent process. There will also be the introduction of a new statutory probation period for new employees hired that start their role after the new law comes into force. Employers will be able to introduce a 9-month probationary period to the usual 3 or 6 month period that already exists. This will allow Employers to properly assess the employee’s suitability for a role. The introduction of the new probationary period will give employers more time to dismiss employees through this route without the need to go down the formal process and reassure employees that they have rights from day one. **Protection from Harassment – A ‘Preventative’ Duty** The Employment Rights Bill introduces a new preventative duty for employers to take all reasonable steps to prevent the harassment of their staff, on the grounds of any protected characteristic, by third parties. Employers will need to take reasonable steps of adopting robust policies and procedures to prevent sexual harassment of workers in the course of their employment. If sexual harassment has taken place, employers will need to take action to stop it happening again. Employers will need to show the specific measures they have put in place to comply with the new duty and will therefore need to anticipate the risk of employees being sexually harassed by third parties as part of their risk assessment to avoid breaching the new duty.  Employers can only be held liable under the proposed changes if they fail to take reasonable steps to prevent the harassment. **Flexible Working** Employees will be able to make two flexible working requests rather than one in any 12-month period. Employers will need to respond to requests within two months rather than the original three. They will also have to explain the reasons for denying any requests, but employees will no longer need to explain the impact of their request. The list of reasons employers can use to deny requests will remain the same. For example, employers will still be able to deny requests on factors such as cost to the business and impact on ability to meet customer needs etc. The government is also introducing the "right to switch off" which will provide workers with the right to disconnect from work outside of working hours and not to be contacted by their employer so that homes do not become 24/7 offices. **Fire and Re-hire & Zero Hour Contracts** Zero-hour contracts also known as casual contracts is a type of contract that doesn't guarantee any set number of working hours. The introduction of Employment Rights Bill will give workers the right to a contract reflecting the number of hours they regularly work. The main proposed changes will put obligations on the employer to: - offer the employee guaranteed hours if they work regular hours over a defined period - provide employees with reasonable notice of their shifts and changes affecting their shifts - provide a proportion of pay to an employee for any shift which is cancelled or moved at short notice. ‘Fire and rehire’ refers to when an employer dismisses an employee and then rehires them on new terms. The new provisions will make it unfair to dismiss an employee where the reason for the dismissal is that an employee did not agree to an employer’s requested variation to their employment contract terms. **Other proposals** The Bill in total introduces 28 reforms to employment law: - changes to paternity and parental leave – both will become day one rights removing the 26 weeks qualifying requirement - a new unpaid leave entitlement for carers from day one of their employment - Statutory sick pay will be strengthened by removing the lower earnings limit and removing the waiting period Justin Madders, appointed Parliamentary Under-Secretary of State at the Department for Business and Trade on 9 July 2024, said: “This bill will support employers, workers, and unions to get Britain moving forward and fulfilling a commitment to introduce legislation within 100 days. It will also update and modernise the legislative framework in relation to employment rights”. The new bill brings substantial changes to the employment sector and will significantly impact not only employers and employees alike, but also the advice legal professionals provide. --- # Legal Ownership of Property Source: https://www.cplaw.co.uk/insights/legal-ownership-of-property.md Land can be owned in two ways: - - legal ownership, giving the right to the legal interest in the land, and - beneficial ownership, giving the right to a beneficial interest in the property. The legal owner of a property is the person who owns the legal title of the land, whereas the beneficial owner is the person who is entitled to the benefits of the property. The legal owner of a property is the person who owns the legal title of the land, whereas the beneficial owner is the person who is entitled to the benefits of the property. ### What is the legal interest in a property? The legal interest in a property refers to the right to possess or use property. This interest belongs to the legal owner, i.e. the person who is registered at the Land Registry on the title deeds. Legal interest gives the owner a right of control over the property, which means they can decide to sell or transfer the property. ### What is the beneficial interest in a property? The beneficial interest is an interest in the economic benefit of a property. The beneficial interest belongs to the beneficial owner, i.e., a party who is entitled to the financial value of the land, regardless of the title entries at the Land Registry. In particular, beneficial interest gives the right to: - live in the property - a share of the rental income - a share of the proceeds of sale if the property is sold The legal owner and the beneficial owner of land may be the same person, but not necessarily. The legal ownership and beneficial ownership will be separated when two people decide to manage property through a trust: the legal owner - whose name is registered at the Land Registry - holds the property 'on trust' for the benefit of someone else, the beneficial owner. We say that the legal owner is the 'bare trustee', whereas the beneficial owner is the 'beneficiary'. ## What is the advantage of differentiating legal ownership and beneficial ownership? ### When the property is held jointly Two or more people can decide to buy a house jointly, either as **joint tenants** (all tenants are equally entitled to the whole property and in the event of one party dying their share automatically passes to the other party) or as **tenants in common** (each tenant is entitled to a specific share of the property and upon death their share go as per their Will). This is called co-ownership of a property and both individuals' names will be registered at the Land Registry, as the legal owners. However, the joint legal owners of a property may want the beneficial interest to differ from the legal interest, e.g., if they want one of the party to be entitled to a higher share of the rental income or the interest in the property. ### When there is only one legal owner A sole owner of a property may want their partner (either a spouse, civil partner or cohabitant) to have a share in the benefits of the property even though they have no legal interest in the property. Giving beneficial interest to a partner who is not the legal owner enables that partner to receive a share of the financial value of the land, such as rental income or sale proceeds. ### How can beneficial interest be established? The legal and beneficial ownership of property can be separated using a Declaration of Trust. A declaration of trust confirms the beneficial ownership of a property and sets out the respective beneficial interest of each tenant in common, regardless of the title entries at the Land Registry. For advice relating to issues concerning property issues please contact our Lee Pashen on [leep@cplaw.co.uk](mailto:leep@cplaw.co.uk) or 0345 241 3100. This article is written as a general guide and should not be taken as containing legal advice. --- # STOP – do you know what restrictions affect your property? Source: https://www.cplaw.co.uk/insights/stop-do-you-know-what-restrictions-affect-your-property.md During the purchase of your property your legal representative should have made you aware of what rights and obligations, commonly known as covenants, affect your property. Those rights and covenants that affect your property can be located within the title register and other associated title documents (such as conveyances and transfers) to your property. Understandingly, for most homeowners the information provided during your purchase is long forgot. It is important however that you are aware of the covenants that bind your property and the impact they can have on how you intend to use your land or property, otherwise you are at risk of breaching them. ## What is a covenant? A covenant places an obligation on what can and cannot be done on the land and/or property. There are two different types of covenant a positive and restrictive. For the purpose of this article our focus will be on restrictive covenants. A restrictive covenant restricts you from doing or allowing certain things to be done on your property or land. A restrictive covenant runs with the land meaning that the benefit and burden of the covenant remains with the land not the individual homeowner. Therefore, if one of the original parties to the covenant sells their property the restrictive covenant stays with the land and remains enforceable. ## Common examples of restrictive covenant Restrictive covenants can cover a wide range of issues, below we have set out the most common types of restrictive covenants you can encounter: - Not to alter your property without consent (this could include building an extension); - Not to park caravans or trade vehicles on your property; - Not to cause a nuisance or annoyance to your neighbours; - Not to run a trade of business from your property. - Not to erect a satellite dish or similar apparatus to the front of your property. ## What if there has been a breach If your property or land has the burden of a restrictive covenant the person with the benefit can seek to stop you from breaching the covenant or have the breach of covenant put right. For example, if you wanted to build an extension on your property and there is a covenant prohibiting you from doing so unless you receive consent from your neighbour, the neighbour can take action against you if you go ahead and proceed to build the extension without their consent. The types of remedies available to a party with the benefit of the restrictive covenant can seek include: - A demand of payment for their retrospective consent; - Damages; - Injunctive relief i.e to stop you from carrying out the work or for any works undertaken to be removed/demolished. ## Can a restrictive covenant be removed? A restrictive covenant can be removed or modified on application to the Upper Tribunal. Making an application to remove and/or modified a covenant is complex area of law and we advise anyone wishing to remove a covenant that they seek legal advice at the earliest opportunity. This article serves to highlight the importance of understanding the restrictive covenants that affect your property and that breaching a restrictive covenant can have serious consequences for the breaching party even if they have done so unknowingly. If you wish to discuss a restrictive covenant on your title that might affect you, or the implications of breaching a covenant and the remedies available to you please get in touch with our **Lee Pashen** today on 0345 241 3100 or alternatively by using the contact us page on the website. Disclaimer: This article should be taken as general guide only and should not be taken as containing legal advice. --- # Renters (Reform) Bill is finally here! Source: https://www.cplaw.co.uk/insights/renters-reform-bill-is-finally-here.md **In February 2023, we looked at the Government’s white paper which set out 12 proposals on how to make the private rental sector fairer to landlord and tenants. Following on from the governments white paper, landlords and tenants have been waiting for the much anticipated first draft of the Renters (Reform) Bill, introduced to Parliament on the 17th May 2023.** The Bill is seen as the ‘biggest shake up’ in the private rental sector in over 30 years and will fundamentally change the landlord and tenant relationship. This article looks at the key changes for both landlord and tenants, which are set out below: - Presently, landlords who want to end a statutory/periodic tenancy can issue a section 21 notice to tenants providing them with two months’ notice to leave. The new bill, if passed, will abolish the section 21 ‘no fault ‘evictions and remove fixed term tenancies creating periodic tenancies with no end date. Tenants will be able to end their tenancy by giving two months’ notice. Landlords must evidence a valid ground for possession. - Enhanced grounds for landlords to recover their property in the below circumstance: I. they wish to sell their property II. the landlord or their close family member wishes to move into the property III. the landlord seeks possession to redevelop IV. the tenant is in repeated rent arrears (three separate instances of at least 2 months of arrears over a three year period) V. the tenants anti-social behaviour (grounds I-III cannot be used within the first six months of the tenancy). - To give tenants the right to request a pet in the property. Such permission cannot be unreasonably withheld by landlords; however, landlords will be able to oblige tenants to take out pet insurance to insure against damage to their property. - Ensure that landlords can increase rent by serving a statutory notice, however, such increase must be in line with the market rent, whilst allowing tenants to challenge rent increase designed to be excessively high through the First-tier tribunal. - The introduction of a new Private Rented Sector Ombudsman which will be designed to provide ‘fair, impartial and binding resolution.’ - The creation of a new rented property portal for the private sector. The aim is to provide prospective tenants with more information on their landlords before entering into a tenancy agreement but also Landlords will need show they have a complied with their obligations to be part of the portal. The Bill is only it it’s infancy and will no doubt be subject to change and amendments as it progresses its journey through Parliament. For advice relating to issues of Landlord and Tenants, please contact our Lee Pashen on [leep@cplaw.co.uk](mailto:leep@cplaw.co.uk) or 0345 241 3100. This article is written as a general guide and should not be taken as containing legal advice. --- # A Fairer Private Rented Sector or so it seems….? Source: https://www.cplaw.co.uk/insights/a-fairer-private-rented-sector-or-so-it-seems.md **On the 16th June 2022 a white paper was published in the hope of making the law fairer for private landlord and tenants. The 12 point measures laid out within the paper will form part of the Renters Reform Bill and is seen as the biggest shake up in the private rented sector in over 30 years.** So what does this mean for Landlord and Tenants and is it really fair? The paper introduces a number of changes to rights landlord and tenants, the key changes include: - To protect tenants from inadequate and unsafe housing. Social housing standards will be extended to private rentals with the introduction of the ‘Decent Home Standard’ which will be legally binding. - The abolition of Section 21 no fault evictions, allowing the tenancy to only end if the tenant ends it, or if the landlord has valid grounds for possession. - Removing fixed term tenancies and creating a system of single periodic tenancies. - The introduction of new grounds for possession and expediting grounds to evict tenants for anti-social behaviour in the neighbourhood, those tenants that are persistently in rent arrears and sale of the property. - Abolishing rent review clauses and only allowing landlords to increase rent once a year. In addition, tenants for the first time will be able to challenge excessive rent increase through the First Tier Tribunal. - Abolishing blanket ban on renting to families with children or those in receipt of benefits. - A right for the tenants to request a pet, which the Landlord cannot unreasonably refuse. - A new ombudsman that all private landlords must join and tenants will be able to seek repayment of rent if the standard of their homes are deemed unacceptable. - Improvement to the current delays at her Majesty Court and Tribunal Services as well as strengthen the use of mediation and alternative dispute resolutions services. - Introduction of a new property portal to make sure tenants are able to access information about their landlord’s compliance and Landlord to understand their responsibilities. - To development a passport led system for deposits making it easier for tenants who struggle to raise a deposit to move around the private rent sector. The most notable effect of the white paper and the Renters Reform Bill is the proposal to make all tenancies periodic, giving the tenant the right to move whenever they need to by providing two months’ notice and the abolition of Section 21 notices. Currently Landlord are able to serve a Section 21 notice to end the tenancy after the expiry of a fixed term tenancy without given reason. The abolition of the section 21 notice will only leave landlords grounds to evict tenants unless they have a valid reason, and which can be challenged by the tenant. The question therefore remains, will the new mandatory grounds provide Landlords with a quick and cost effective means of regaining possession of their properties. There are no set time limits for when the bill will come into force. There is no doubt that the Renters Reform Bill and white paper are a much welcome change to the private sector however the wider impact it will have on landlord and tenants remains to be seen. For advice relating to issues of Landlord and Tenants please contact our Lee Pashen on [leep@cplaw.co.uk](mailto:leep@cplaw.co.uk) or 0345 241 3100. This article is written as a general guide and should not be taken as containing legal advice. --- # Child Arrangements Orders (CAO) Source: https://www.cplaw.co.uk/insights/child-arrangements-orders-cao.md **When a relationship breaks down it is never easy and is often harder when children are involved.** Previously, ‘CAO’s have been known under a number of terms such as custody, access, residence and contact. These were replaced with child arrangements orders and the main focus is on what is best for the child in question and the need for co-parenting. Co-parenting does not mean equal division of time with each parent, but rather that each parent is involved equally in the child’s life, welfare and upbringing. A CAO can help to deal with where a child lives and whom they spend time with and this can include grandparents spending time with their grandchild. However for the purposes of this article we shall deal solely with parents or guardians child arrangements. A CAO remains in force until the child or children turn 16 and until then the parents are responsible for deciding certain aspects of the child’s life. It’s important throughout the process that the welfare of the child is key. Solicitors and in particular the courts all have a duty to consider the welfare of the child when determining the child arrangements. This is to make sure that the child’s feelings are heard and considered, taking into account their age and understanding, and to ensure that parents are capable of meeting the needs of the child in question. When disputes arise, it can be difficult to reach agreement as to how and with whom the child or children should live and when they should see each parent so reaching out for legal and professional help can assist with trying to reduce or resolve the issues in dispute between the parties with the hope of reaching agreement without the courts intervention so that a fair decision is made for both the parents and the child or children involved. Attending court can usually be avoided so along as both parents be able and willing to come to an agreement. However, if neither parent can agree on which parent the child should live with or how often the child should spend time with the other parent, parents can apply to the court for a CAO. The terms of the CAO are legally binding and can be enforced against a parent that breaches the terms of the CAO. Before you can apply for a CAO, you will be required to attend a MIAM (Mediation Information Assessment Meeting) unless you meet one of the limited exemptions such as domestic abuse or there is an urgent need. The MIAM is the initial meeting for parents to discuss the issues in dispute and with the hope of reaching an agreement using the mediation process instead of taking court action. If both parents cannot agree on the arrangements for their child and have gone through all the necessary steps before applying for a court order, parents can then take the next step in filling in a C100 court form. If both parents agree without the need to apply for a C100 court order, the process can be as quick as it needs to be. However if parents have made the decision to go to court, it all depends on how quickly parents can come to an agreement, which in some cases could be weeks or months. If matters progress to a Final Hearing (Trial) and the Court is required to make a decision as the parents are unable to agree, the process could take between 6-18 months. We at CP Law can help you with children issues that may need to be resolved as you progress through the matter. For further information please call the family department on **0345 241 3100**, email us on [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) or visit [www.cplaw.co.uk](https://www.cplaw.co.uk/) and follow us on twitter, Facebook and Instagram --- # CP Law Solicitors – Conveyancing Success Source: https://www.cplaw.co.uk/insights/cp-law-solicitors-conveyancing-success.md We at CP Law Solicitors are immensely proud of our long and established conveyancing department. We are experts in the field and our clients tell us that we provide an exceptional service. We put our clients first and assist them in one of the most stressful times of a person’s life – moving home! This is why clients keep coming back every time they grow out of their existing home and buy a new one. Our reputation is such that we continue to grow our department and the clients continue to come back again and again. We not only receive continuous repeat business, but we also are recommended by our clients to all their friends and family and beyond. We love what we do and it’s all about our clients and assisting them in their next purchase and to help, guide and support them through the process. No question from our clients is too silly or small. We are here to answer all your queries and provide that reassurance needed when buying or selling a home. As a result, we do not need to pay referral fees to Estate Agents and nor would we. We will never pay a referral fee to any estate agent. ## Did you know that some solicitors pay estate agents referral fees? Well, it’s true!! If the estate agent recommends a particular conveyancing solicitor, then it’s worth asking if they will receive a fee for doing so. You do not have to use the estate agent’s recommended solicitors. You are entitled to use your preferred conveyancing solicitors. You should not feel pressured into using their recommended solicitors such as being told it will affect your sellers decision whether or not to accept your offer. Ask yourself why they are so keen for you to use their recommendation; It might be that the estate agent will receive a fee from that solicitor for doing so. Whilst solicitors can pay a referral fee to estate agents, why would solicitors need to pay a referral fee? Surely, if they are providing an excellent service, why would a solicitor need to pay a referral fee as word of mouth and recommendations from existing or former clients should ensure an adequate level of business? Estate Agents are legally required to tell you if they are receiving a referral fee before any referral is made and the solicitor must confirm this to you before they are retained. Often it’s in the small print!! Going with an estate agent recommendation does not necessarily mean you will receive a first-class service like you would from CP Law Solicitors. We do not need to pay referral fees because our clients are generally happy to reinstruct us later when moving. Let CP Law Solicitors help you in purchasing or selling your home. ## What our clients say about us Here are just a few of the 5 star google reviews we have received. *“Five-star outcomes from Charles and his team at CP Law. I have enjoyed quality service and cost efficiency for over 10 years.*” - **N Wiszowaty** *“CP Law Solicitors have acted for me on a number of property transactions. I have always found CP Law Solicitors to be helpful and willing to provide solutions to any problems that might arise in order for the transactions to complete in a timely manner. CP Law Solicitors are easy to communicate with via e-mail and telephone and provide a friendly and efficient service.”* - **S Simpson** *“I dealt mainly with Holly Holman. Very professional and helpful. Made it as simple and easy as possible for me, regarding paperwork etc. The company as a whole were very polite and friendly. Wouldn’t go anywhere else. Very happy customer!”* - **Joshua Pain** *“We have recently used CP Law Solicitors for Conveyancing our first home, Emma Cox has been absolutely amazing through the whole process. We have been kept up to date and reassured throughout, from the first email to the last phone call. We would recommend CP Law Solicitors to anybody looking for Conveyancing.”* - **Georgina Bishop** *“Holly Holman, and her conveyancing assistant Raveena, recently handled the sale of a property for me. From beginning to end they were timely, professional, accurate, polite and very responsive. I can recommend Holly and CP Law without hesitation!”* - **Phil lamb** *“Very satisfied with our service from the team at CP Law. As first time buyers, Emma easily explained processes and legal elements to successfully complete and exchange our home. The team responded to queries within a day or two, and very informative and patient throughout. We are very pleased with our service and cannot recommend CP Law enough! Thank you again!”* - **Ella Lauder** --- # Fact Finding Guide For Clients Source: https://www.cplaw.co.uk/insights/fact-finding-guide-for-clients.md ## What is a Fact Finding Hearing? A Fact Finding Hearing is a type of court hearing that considers the evidence surrounding allegations. This is a special hearing which is arranged to decide whether an alleged incident took place or not. Fact finding hearings are common in children law cases but can also happen during other family law proceedings such as for domestic violence injunctions, divorces. We shall deal specifically with Private Law Children Proceedings in this guide. ## Private Law Children Proceedings When a child’s parents separate, it is not always possible for them to reach an agreement as to where a child should live and how often and in what circumstances she or he should spend time with the other parent. Parents will usually be referred to or encouraged to undertake some form of mediation to avoid care proceedings. If mediation is not successful, one parent or carer may issue proceedings in the Family Court. In many cases an agreement will be reached before a final hearing. If no agreement can be reached however, the court will be asked to decide the issues in dispute at a final hearing. There may be circumstances in which one or both parents make serious allegations against the other. These allegations may be the main reason why the parties separated or they could be issues that were known and which only became relevant after the parents separated. One parent may allege that the other parent has a serious drink or drugs problem, that if unresolved, will have a serious impact upon their ability to care for a child, even for relatively short periods. A common issue is an allegation that throughout the parents’ relationship, or after separation, one party used or threatened violence against the other or that they carried out a campaign of abusive behaviour and intimidation. In many cases, the court will prefer to deal with these issues at the final hearing, but circumstances may require a court to hold an earlier fact finding hearing. Cafcass (Children and Family Court Advisory and Support Service) is an organisation that prepares reports for the court in proceedings involving children. Named after a section of the Children Act 1989, these reports are often referred to as Section 7 reports. When a Cafcass worker is asked to prepare a report, she or he may recommend to the court that consideration should be given to deciding the truth of allegations made by one or both parents against the other. A common example of this is where one parent alleges that they are a victim of domestic abuse perpetrated by the other parent. The court is required to give special consideration to cases in which there are allegations of domestic violence or abuse. Abusive behaviour can include controlling or intimidating conduct that falls short of actual violence. In such cases the court must follow guidance issued by senior Judges and the higher courts. The guidance states that: The court should determine as soon as possible whether it is necessary to conduct a fact-finding hearing in relation to any disputed allegation of domestic violence or abuse: (a) In order to provide a factual basis for any welfare report (b) In order to provide a basis for an accurate assessment of risk; or (c) Before it can consider any final welfare-based order(s) in relation to child arrangements; or (d) Before it considers the need for a domestic violence-related Activity (such as a Domestic Violence Perpetrator Programme (DVPP)). In determining whether it is necessary to conduct a fact-finding hearing, the court should consider several issues, including the following: The views of the parties and of Cafcass - The court will not list a fact-finding hearing simply because a parent or Cafcass ask for one to be held. The court must be satisfied that a fact-finding hearing is required. Whether there are admissions by a party which provide a sufficient factual basis on which to proceed; - A parent may accept substantial parts of the allegations made. In these circumstances, the court may come to the view that a fact-finding hearing is not required. Whether there is other evidence available to the court that provides a sufficient factual basis on which to proceed; - A parent may have been convicted of an offence involving the relevant facts, or, issues that are the subject of concern may have been considered by another court and a decision made, for example, in non-molestation (Injunction) proceedings. In these circumstances the information is already available to the court. The nature of the evidence required to resolve disputed allegations; - Whether the nature and extent of the allegations, if proved, would be relevant to the issue before the court; - The court might feel that even if proved in full, the allegations are not so serious as to affect the arrangements for the child to spend time with one parent. - Whether a separate fact-finding hearing would be necessary and proportionate in all the circumstances of the case. ## When is a Fact Finding Hearing required? Often these types of hearings are required when one parent has accused the other of domestic abuse, for example. The court would usually decide at an early stage, in an application for a child arrangements order, whether a Fact-Finding Hearing will be required and, if so, it would be scheduled to take place before the application proceeds any further. The court must determine, as a fact, whether the alleged incident/incidences of abuse took place because only then can the court determine if or how this should impact upon the arrangements for the child or children involved. A Fact-Finding Hearing is not always required where domestic abuse is alleged, but it will be if the allegation is denied and if it is the case that if proven it would materially impact upon the risk of harm to the child and be relevant to the court’s ultimate determination of the child arrangements. The evidence in a family court case is judged “on the balance of probabilities”. This means that the court will determine if it is more likely than not that the alleged incident took place. This is a lower threshold than in a criminal case where the burden of proof is “beyond all reasonable doubt”. Given the issues involved and the deeply personal nature of these type of disputes, preparing clear evidence is crucial whether you are the person alleging the abuse of the person defending those allegations. ## Will a fact finding hearing lead to a final hearing in a family court? A fact finding hearing usually takes place in child proceedings where the parties are unable to reach an agreement and are making allegations against each other which the courts may feel needs to be addressed ahead of a final hearing in the family court. Therefore prior to a fact finding hearing being ordered a dispute resolution appointment in family court would have taken place. It is important to note that the court will only list for a fact finding hearing if it is satisfied that such hearing is required to determine the issues and not just because of the allegations between the parties or because it is recommended by Cafcass. If the court does not feel that that a fact finding hearing is necessary then the matter will usually proceed to a final hearing in the family court and following the dispute resolution appointment in family court taking place. ## What happens before a fact finding hearing takes place? Prior to a fact finding hearing the parent making an allegation must provide a list of the allegations it is making. They would then also have to provide a statement explain clearly what the allegation is, when this took place, what exactly happened, whether there is any supporting information and details if anyone else was present. The court would usually provide such directions at the dispute resolution appointment in family court where the matter has not been able to conclude. It is strongly recommended to seek early legal advice and assistance at this stage to be given the best possible change of winning a fact find hearing. This statement from the parent making the allegations is used as evidence in family court at the fact finding hearing. It is important that any allegations are carefully considered before being made as the court can request other experts to provide information and or attend the fact finding hearing to give evidence in family court. The parent who has been subjected to the allegations will also be able to prepare a statement whilst responding to the allegations again which forms as evidence in family court. The statements from both parents together with any other information will be used as a court bundle which will be considered at the fact finding hearing. ## Do I have to attend the hearing? Many parents often query Do I have to attend a fact find hearing? The simple answer is yes. The purpose of the fact finding hearing is to consider the allegations. Each person concerned will be required to give evidence and be cross examined. In order for the judge to reach an outcome on the allegations your attendance is compulsory. Barristers from both parties will cross examine each person. If you are the person making the allegations you will need to ensure you attend. It is for the party making the allegations to prove they are true. The judge will consider the evidence provided before and at the hearing. A decision will then be made whether the allegations are true. Failing to attend the fact finding hearing may mean you have lost the opportunity to prove your case. This could have a negative effect on the overall matter. If a party has special circumstances the courts can cater for this. If one party is afraid of the other, then the court may make alternative provisions. Parties can give evidence via video or behind a screen. This stresses the importance of giving evidence at a fact find hearing. ## What is the best advice on the hearing? The best advice on a fact find hearing is to ensure you are prepared. If you are the party making the allegations you need to prove your case. It is important that any allegations are backed up by evidence. Parties should not make false allegations to portray a negative image of the other party involved. It is important your statement clearly deals with your allegations. Ensure you provide in detail how such allegations can affect the overall case. If you are facing allegations you need to ensure you seek legal advice on defending these. It is important you provide strong responses and evidence to the allegations raised. Read through your statement(s) to familiarise yourself with its content as you will be questioned/cross examined on the statement(s). It is important to remember that each case is different. Therefore, tailored advice needs to be provided based on individual circumstances. ## What happens at a fact finding hearing? Many parents who are going through childcare proceedings are often unaware of what happens at a fact finding hearing and the importance of getting your points and evidence across at a dispute resolution appointment in family court. Our experts can guide you through this difficult time to ensure you are kept updated with every process of your proceedings. You may wonder what happens at a fact finding hearing. During this hearing the parent making the allegations gives their evidence first and is also cross examined. This is again repeated for the parent against whom the allegations are made. The judge will consider all evidence in family court which is presented together with the statements filed before the fact finding hearing. It is up to the party making the allegation to prove the allegation is true and must be proved on the balance of probabilities. Further information which has been obtained for the fact finding hearing would also be considered and this could include any relevant police reports, medical records, evidence from other professionals such as teachers who may be able to provide further evidence in family court. After all the evidence has been heard, the lawyers will make submissions to the court on points of law or issues of significance. The court will then withdraw to consider its decision. The Judgement is usually given on the same day that the evidence is concluded. Sometimes, if the case has taken most of the day, the court will ask the parents to return on another occasion for the decision to be read out. ## What happens after a fact finding hearing? Following the evidence in court you will probably want to know what happens after a fact finding hearing. The court will make their decision on each allegation and confirm whether the allegation is proven as a fact and if so, it can be used in the final hearing in family court. If an allegation is not proven, then it will be dismissed and not considered further. The court will usually read out its judgement, referring to each of the allegations made and will then consider the next step. If none of the allegations are proved, the court may proceed to making a final order. If some or all the allegations are proved, the court should give thought to what happens next. Where a finding of domestic violence or abuse has been made:- ‘The court should in every case consider any harm which the child and the parent with whom the child is living has suffered as a consequence of that violence or abuse, and any harm which the child and the parent with whom the child is living, is at risk of suffering if a child arrangements order is made. The court should only make an order for contact if it can be satisfied that the physical and emotional safety of the child and the parent with whom the child is living can, as far as possible, be secured before during and after contact, and that the parent with whom the child is living will not be subjected to further controlling or coercive behaviour by the other parent.’ Practice Direction 12J What happens next may depend upon the precise findings made and whether the court is of the view that a further assessment from Cafcass (or another expert) is required. The court may also wish to allow the parents to consider their respective positions and to consider whether one or both parents should attend courses or undertake work in relation to domestic abuse and violence prevention measures. In many cases, the court may adjourn to a further hearing for a final decision to be made. Our specialists at CP Law Solicitors provide tailored advice to suit your needs. We understand no case is the same. With years of experience we can assist you by preparing you for your fact finding hearing. --- # Am I entitled to maintenance when getting divorced? Source: https://www.cplaw.co.uk/insights/am-i-entitled-to-maintenance-when-getting-divorced.md **Finances can be a major source of anxiety during a divorce. We take a look at whether you will be entitled to receive maintenance payments.** When a couple divorces, one party may sometimes be ordered to pay maintenance to the other party. However, this is not always the case by any means and the emphasis is on both parties becoming financially independent. The issue of maintenance is fairly complex and the court will take several factors into account when deciding if it should be paid and how much it should be. It is separate from any child maintenance that is paid. ### Why might spousal maintenance be payable? There is no automatic right to maintenance, but there is a duty to provide for a former spouse so that their reasonable financial needs are met. The financial needs of the paying party will also be taken into account. This means that if one party is in a better place financially than the other, they may be required to make regular payments to ensure that their former spouse has their reasonable ongoing financial needs taken care of. ### What will the court consider in deciding how much should be paid? Where one party has given up their career or opportunities for advancement to raise the children of the marriage and it has left them in a financially weaker position, the court will take this into account. The court will also look at the standard of living during the marriage when considering the amount of any maintenance, although this will be balanced with the aim of encouraging independence. Both parties will need to disclose all of their financial assets and also draw up a schedule of their anticipated future expenditure. The court will attempt to achieve fairness for both parties in making its award. ### How long will maintenance be payable for? The court will look to make an order that allows the weaker party to become independent as soon as is just and reasonable. This could mean maintenance for between two and five years for example, and is known as a fixed term order. Even if there is some hardship in transferring to financial independence, this is considered preferable to long term maintenance. However, if the person receiving payments would suffer undue hardship if they ended, the court will consider continuing maintenance. This could occur if one party had not worked for many years because they were raising the children of the family, and the court might in this case make an order providing maintenance for life, known as a lifetime order. Both parties have an ongoing duty to inform each other of any substantial change in their financial or other circumstances. They can also apply to the court to vary the maintenance order if there is a change in the funds they have available. If the party that is receiving maintenance remarries, the maintenance (but not child maintenance) received from their former spouse will end. If you are going through a divorce or separation and you would like to speak to one of our expert lawyers, ring us on **0345 241 3100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # Discrimination in the workplace Source: https://www.cplaw.co.uk/insights/discrimination-in-the-workplace.md The law protects you against discrimination at work, including: - dismissal - terms and conditions of employment - pay and benefits - promotion opportunities - training - recruitment - redundancy There are various types of discrimination and it is against the law to discriminate against anyone because of:- - age - gender reassignment - being married or in a civil partnership - being pregnant or on maternity leave - disability - race including colour, nationality, ethnic or national origin - religion or belief - sex - sex orientation The above are known as “protected characteristics” and you are legally protected from discrimination by the Equality Act 2010. --- # Long COVID – Is it a disability? Source: https://www.cplaw.co.uk/insights/long-covid-is-it-a-disability.md **A disability is defined as a physical or mental impairment that has a long-term and substantial adverse effect on a person's ability to do normal day-to-day activities.** **What is long term?** The physical or mental impairment will affect the person or is likely to affect them for at least a year and/or it's likely to last for the rest of their life **Substantial Adverse Effect** Substantial adverse effect means more than just a minor impact on a person's life or how they can do things but which may fluctuate or change and may not happen all the time. Long COVID is still a new illness so it may take time to understand it fully. It can affect a person's day-to-day activities and it's currently believed that it can last or come and go for several months and even years. As an Employer you should focus on what reasonable adjustments you can make to enable the employee to work and not focus on trying to work out if an employee's condition is a disability. As an employer you should be careful to avoid other types of discrimination such as age, disability, race or sex when considering long COVID and in particular long COVID has been found to more severely affect:- - older people - ethnic minorities - women Employers must avoid discriminating by age, disability, race or sex. **Recent case regarding Long Covid made by the Employment Tribunal** An Employment Tribunal recently ruled that the symptoms brought about by long COVID may be classed as a disability. A caretaker (claimant) brought claims of disability discrimination and unfair dismissal after being sacked in 2021. He had worked in the role since 2001, but had been unable to attend work for nine months after suffering substantial and long-term effects from COVID-19 after contracting the virus in November 2020. The tribunal considered and decided at a preliminary hearing that the claimant’s symptoms during this time amounted to a disability within the definition of the Equality Act 2010. The Tribunal gave the claimant permission to proceed with his claim of disability discrimination against his former employer. Employment Tribunal decisions are not binding, but they are persuasive, and may still be used by negotiators to point to employers the direction a tribunal might take in similar circumstances. It’s important that as an employer you consider the decision and make reasonable adjustments and support to their staff with long COVID. --- # Parental responsibility Source: https://www.cplaw.co.uk/insights/parental-responsibility.md **Parental responsibility is defined as all of the rights, duties, powers, responsibilities and authority which a parent has in relation to a child and their property.** Not every parent has parental responsibility, however if your child’s other parent does have it, then you will be restricted as to what decisions you can make on behalf of the child without their agreement. ### Who has parental responsibility? A child’s birth mother always automatically has parental responsibility. If she is married to the child’s father at the time of the birth, then the father also automatically has parental responsibility. If the child’s parents are not married, but the father’s name is on the birth certificate, then he will have parental responsibility as well. It is open to the birth mother to grant parental responsibility to an unmarried father who was not named on the birth certificate. ### What rights and responsibilities does parental responsibility grant? An individual with parental responsibility can make decisions in respect of the child, including the following: - Choosing the child’s education and school; - Choosing the child’s name; - Consenting to medical treatment; - Taking the child overseas on holiday; - Deciding on the child’s religion. ### What is someone with parental responsibility entitled to? If you have parental responsibility, you are entitled to be consulted in respect of decisions that are made regarding your child. The parent with day-to-day care of the child will generally make many small decisions as to care, such as the following: - What the child will do while with a parent; - Personal care issues; - The child’s activities; - Religious pursuits; - Continuing GP medical treatment. Parents should inform each other of the following decisions, but do not need to consult or obtain permission in respect of them: - Booking a holiday or taking the children overseas; - Planned GP visits and the reason for the visit; - Emergency medical treatment. Some decisions require the other parent to be informed and consulted: - Choice of school; - Planned medical or dental treatment; - Ending medication; - The date of school functions, so that both parents can attend if they wish; - The age that a child will be allowed to watch a film rated 12, 15 etc; - The contact schedule for holidays. If parents cannot agree on these issues between them, a family law solicitor can negotiate and, if necessary, refer the parties to a mediator to try and reach an acceptable resolution. If you would like to speak to one of our expert family law lawyers, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # What Is Wrongful Dismissal? Source: https://www.cplaw.co.uk/insights/what-is-wrongful-dismissal.md **A ‘wrongful dismissal’ is when an employer breaches an employee’s contract.** The most common breaches are relating to notice and pay and examples include:- - Dismissing an employee without giving them the required notice under the contract and paying them their notice pay - Not giving the employee their full notice period for which they are entitled If an employee wants to make a claim for wrongful dismissal, it does not matter how long they’ve worked for their employer. For further information please call the Dispute Resolution Department on 0345 241 3100, email us on [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) or visit [www.cplaw.co.uk](https://www.cplaw.co.uk/) and follow us on twitter, Facebook and Instagram. --- # Good Divorce Week 2022 Source: https://www.cplaw.co.uk/insights/good-divorce-week-2022.md **CP Law Solicitors are strong advocates of Good Divorce Week 2022, an annual awareness campaign run by Resolution.** We are proud that two of our Dispute Resolution & Family Solicitors, Lee Pashen and Marianne Tyndall, are members of Resolution, an organisation which represents over 6,500 family professionals dedicated to helping people find a better way to divorce. At CP Law Solicitors, we understand that in divorce cases, as in most legal situations, time is of the essence. We aim to make this difficult process as smooth and as easy as possible for our clients to help them reach a timely conclusion and mitigate financial and emotional turmoil. As impartial professionals, we are able to assist couples to reach a compromise regarding their affairs, whilst ensuring that your former spouse does not take advantage of you during the divorce. Our expert divorce solicitors provide exceptional legal advice and assistance at every stage of the process. CP Law Solicitors have a team of compassionate specialist family lawyers who will help you with the divorce, finances, children and any other family law issues that may need to be resolved as you progress through the divorce. To speak to a specialist divorce solicitor, please call the family department on **0345 241 3100** or email us on [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # The Governments New Buy or Help to Buy scheme Source: https://www.cplaw.co.uk/insights/the-governments-new-buy-or-help-to-buy-scheme.md **What is it?** The NewBuy Guarantee scheme aims to help buyers who have a deposit of at least 5% to buy a new-build home. This is a smaller deposit than is normally required. This Help to Buy scheme comes in two parts: - The first part which is a Help to Buy Equity Loan, available now, is open to anyone wishing to buy a new home – not just first time buyers – and means you can buy with a 5% deposit. - The second part is a scheme for the whole housing market to assist people to buy with a 5% ### Help to Buy Equity Loan With a Help to Buy Equity loan, the government loans you up to 20% of the cost of a new-build home, so you only need a 5% deposit and a 75% mortgage to make up the rest. ### Who qualifies? Help to Buy Equity loans are open to both first-time buyers and home movers on new-build homes worth up to £600,000. You cannot sublet your home, and you must not own any other property at the time of purchasing your Help to Buy Equity Loan home. Part Exchange deals are also not approved. ### How it Works Under the scheme, individual home builders partner with one or more mortgage lenders who offer 90-95% loans on their properties. At present there are six lenders offering NewBuy mortgages. There are now many house builders operating the scheme and they have each joined forces with one of these lenders to offer NewBuy. New home buyers will need to qualify for a mortgage with a mortgage lender in the usual way and be subject to the lender’s normal assessment criteria. It is important to note that this does not change a borrower’s responsibility to repay the mortgage in any way. **Example:** - Property Purchase Price: £200k - Your mortgage: £150k - Equity Loan: £40k - Cash Deposit: £10k ### Equity Loan Fees You won’t be charged loan fees for the first 5 years of owning your home. In the 6th year, you’ll be charged a fee of 1.75% of the loan’s value. After this, the fee will increase every year. The increase is worked out by using the RPI plus 1%. The home will be in your name, which means you can sell it at any time. You’ll have to pay back the equity loan when you sell your home or at the end of your mortgage period – whichever comes first. Please contact us if you would like more information about property related issues. --- # Selling an investment property Source: https://www.cplaw.co.uk/insights/selling-an-investment-property.md **When you sell an investment property, it can be more complicated than selling your home, particularly if you have tenants in the property or if it means that you will be liable for Capital Gains Tax.** If your property is tenanted, the first thing you need to do is to decide whether to sell with the tenants in situ, or to serve notice on them and sell a vacant property. ### Selling a vacant property By asking your tenants to leave, you open the market to everyone. If you sell a property with tenants in it, you can only sell to other buy-to-let investors, which may impact negatively on the price you are able to achieve. Once the tenants have left, you may wish to do some work to make the property more appealing. Remember that in the time between the tenants leaving and the completed sale you won’t have any income. This could potentially be many months, so make sure you can cover any mortgage payments due during this period. ### Selling a tenanted property The buyer will need to see copies of all of your landlord documentation, including the tenancy agreement, Right to Rent records, gas safety certificates and any inventory. The deposit will need to be transferred to the buyer’s chosen tenancy deposit scheme. It is a good idea to put a conveyancer in place as soon as the property is put on the market, so that you can work with them to collate the necessary documentation ready for any sale. A buy-to-let investor may well be able to move much more quickly than an ordinary buyer, so it pays to be ready with all of the information their solicitor is likely to need. ### Capital Gains Tax on a rental property If the property you are selling was not your main residence or you were renting it out, then you could be liable for Capital Gains Tax, even if it has been your home in the past. If you left more than nine months before the sale, then Capital Gains Tax will be payable. The taxable gain is the sale price less the amount you paid for the property. Expenses including Stamp Duty, estate agency, selling and legal fees and the cost of property improvements can be deducted from the gain. There is a Capital Gains Tax allowance on property, currently of £12,000, meaning that the first £12,000 of gain is exempt. HM Revenue & Customs add the Capital Gain to your personal income to calculate the amount you will need to pay. If you are thinking of selling a property and would like to speak to one of our expert lawyers, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Top tips to sell your home before the Stamp Duty Holiday deadline Source: https://www.cplaw.co.uk/insights/top-tips-to-sell-your-home-before-the-stamp-duty-holiday-deadline.md **On July 8th the Chancellor of the Exchequer, announced an eight-month stamp duty holiday. This extra home buyer incentive will end on the 31st of March and has been created in order to help boost Britain’s housing market and battle the fallen house prices due to COVID-19.** It could be the perfect time to sell and could save the average home buyer over £2000! Here are a few top tips in order for you to sell your house before the deadline! ### Show you are serious Show house hunters that you are serious about the sale of your home. Make sure that you read up on and adhere to all social distancing rules. Try to declutter your home as much as possible and create clear walkways, this will reduce the amount of touching needed from the viewer. You should also vacate your home when the viewing takes place. ### Photos and virtual viewings Having the best images possible of your home is vital, people often make their minds up within seconds of viewing them online. Having the added bonus of a virtual tour is highly recommended, it can sometimes remove the need for a visit in person and can place you in favour over a listing that does not offer this feature. ### Realistic asking price In the current climate a realistic asking price is a must, with a short time in which to sell your home you do not want to prolong the process by putting people off by asking too much. The most viewings a house will receive normally happens within the first 30 days, so don’t reduce the initial buzz by pricing too high! ### Choosing the right estate agent This is vital, in order for your sale to run as smoothly as possible we advise that you contact around 4 agents and ask them each for a valuation of your property. This is your time to test communication, efficiency and get an overall feel for the people and firm. Our expert conveyancing team that can offer professional and informed advice to help you navigate the new rules and take you through the process step by step. For more expert advice and to speak to our specialist property advisors contact us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # What are people looking for in a home post-Covid-19? Source: https://www.cplaw.co.uk/insights/what-are-people-looking-for-in-a-home-post-covid-19.md **Following a year of lockdowns and working from home, people are looking at their properties in a different light. Living close to their place of work is less of a priority, with other desirable qualities shooting to the top of the list.** The Office for National Statistics has found that before 2020 around 70 per cent of Britons had never worked from home. Overnight this changed, with an estimated 20 million people suddenly working from living rooms, kitchens and bedrooms. As the benefits of the home office became clear, including no lengthy commute, more quiet time to focus and shorter meetings, many people expressed their desire to keep working flexibly in the future. A survey of 4,500 workers carried out by Zurich Insurance found that 59 per cent of those questioned would prefer to spend more than half of their workweek at home. With people looking at using their home as an office for the long-term, it is not surprising that owners’ and house buyers’ requirements have changed. ### Indoor space Online home renovation platform Houzz reports that flexible indoor space has become a priority as people balance work, homeschooling and leisure time. Spaces that double as office space during the working week but that can be restored to a living area the rest of the time are important for home workers. Spare rooms are being given a makeover to allow them to function as both a bedroom and an office and maybe even a gym or a space for working out. The platform also noted a huge increase in searches for ‘small offices’ and ‘garden offices.’ Housebuilder Redrow had similar findings when it conducted a survey of 2,000 adults about their wishes for their homes, with space to work comfortably being one of the highest priorities. ### Outdoor space Gardens became a haven during the sunny spring and summer of 2020. Working at home means that a ten-minute coffee break can be taken outside and for families the extra space of a garden is a huge benefit. For many buyers, Redrow found that a garden was the top priority. ### Broadband The housebuilder also noted that broadband had become a necessity. Without it, working from home was frustrating, if not impossible, and during lockdown it was essential for maintaining social contacts and for entertainment as well. The quality of broadband connectivity is now one of the first questions that potential buyers ask about, considering it to be a vital utility, like water and electricity. ### Energy efficiency and sustainability Houzz also found that energy efficiency and sustainability are high priorities for renovators as home electrical use increases. If homeworking becomes the norm, homes will increasingly become more flexible and cleverly designed spaces. If you are thinking of buying a property and you would like to speak to one of our expert lawyers, ring us on contact us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Buying an historic home or castle Source: https://www.cplaw.co.uk/insights/buying-an-historic-home-or-castle.md **A substantial historic home or even a castle might not be as expensive to buy as you imagine. But before you picture yourself as lord of the manor, there are several factors you need to take into account.** Buying a unique period property can sometimes cost comparatively less than a smaller home, however ownership of this sort of home can be a fulltime job and be expensive as well. ### Upkeep This is the main stumbling block for historic home ownership. A sizeable property will always need work to be carried out on it and the variety of jobs to be done is extensive. A new roof, rewiring, structural repairs, damp and subsidence are just a few examples of problems that affect older properties. When the property is substantial, the repair bill will be too. As well as the potentially crippling cost, the job of sorting out tradespeople and dealing with endless repairs isn’t for everyone. It is time-consuming and has the potential to turn a dream sour unless you are thoroughly prepared for what you will face. As well as repairs and maintenance, ordinary expenses such as heating and insurance can be many times what they would be in a more standard property. ### Listed status To add to the difficulties of repairs and maintenance, listed status will make everything harder. A Grade II listed building will have numerous restrictions when it comes to replacing or repairing the fabric of the property. Alterations will require listed building consent, which can be a lengthy process to obtain, and failure to put this in place before doing the work can be a criminal offence, with penalties of up to two years in prison and/or an unlimited fine. The materials that you will need to use to carry out any work will almost certainly be more expensive than those used as standard. For example, cast iron gutters and downpipes instead of plastic. The listing can extend to the interiors as well, and also to outbuildings, walls or even trees. If your property is of exceptional interest, historically significant or particularly old, it may be Grade I listed. Restrictions on works are even more severe. ### It comes with an estate While this might seem like a bonus, a large amount of land will need managing. The grounds and gardens will need upkeep and if there is farmland or other estate land, this will need to be rented out or cared for. If you don’t have the time or experience to deal with it, you will need to employ someone to ensure that it doesn’t get out of hand. ### Benefits of living in an historic home or castle If you understand the pitfalls and are still willing to take on an historic home or even a castle, there are benefits to be had. A well-maintained historic property can be a good investment, keeping its value well and even outpacing newer homes. But for most of those living in unique heritage properties, it is simply the joy of owning a unique piece of history that makes it all worthwhile. If you are thinking of buying or selling a home and you would like to speak to one of our expert lawyers, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Buying a property at auction Source: https://www.cplaw.co.uk/insights/buying-a-property-at-auction.md **Buying a property at auction can give you a wider choice of homes to choose from and the chance to pick up a bargain in a quick purchase that avoids months of conveyancing.** You do need to be aware of certain issues before you take the plunge however. Because of the fast nature of the transaction, it is important to ensure you are fully prepared. ### Finding a property You should view the property, which is usually done by way of an open house appointment. Properties are sold at auction for a reason, often because they are in poor condition. Unless you are an expert, you should take a surveyor or builder with you so that you have a good idea of the work that will be required and the likely cost. If you are serious about buying, you can have a survey carried out so that you know the state of the property. You can also obtain an estimate of its value, either from the surveyor or by looking at the asking price of similar properties in the area. Auction sales move quickly with often only two to four weeks between the listing of a property and the auction date, so once you have found a property you are interested in, you should start work without delay. ### Check the legal title and other documentation A legal pack will be supplied which will include details of the title, a local authority and environmental search and seller’s information, which may be limited. You should ask an expert property solicitor to go through the documentation to ensure that the legal title is sound and that the searches do not reveal anything untoward. ### Financing your purchase You will need to put your financing in place before you go to the auction. Decide how much you are willing to pay and if you need a mortgage, make sure you arrange this in principle beforehand. ### At the auction It is advisable to attend a couple of auctions without bidding, to see how the process works. Generally, a property will go for more than the guide price, which can be low to entice bidders. When you go to the auction at which you wish to bid, you will need to provide two pieces of identification and be able to demonstrate that you are able to pay the deposit. You should check to see whether any last minute alterations have been made to the listing, such as the addition of extra information. Make sure you are not tempted to bid more than you intended as you may end up regretting it. If your bid is successful, you will need to pay a deposit of 10% of the purchase price there and then. Completion will usually be set for 28 days’ time, when you will need to pay the remaining 90%. This means that you only have limited time in which to ensure that your mortgage advance will be made. If you go to an auction and a property does not sell or does not reach its reserve price, it may be possible to make an offer afterwards which could be accepted. If you would like to speak to one of our expert property lawyers, ring us on **0345 241 3100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # New build homes to have electric vehicle chargers from 2022 Source: https://www.cplaw.co.uk/insights/new-build-homes-to-have-electric-vehicle-chargers-from-2022.md **The Prime Minister has announced that as from 2022, all new build homes in England will have to have electric vehicle (EV) charging points.** The new law means that up to 145,000 new charging points will be created each year. The legislation will also apply to newly built supermarkets, places of work and buildings that undergo major renovations and that will have more than ten parking spaces. The government says that: “This will mean people can buy new properties already ready for an electric vehicle future, while ensuring charge points are readily available at new shops and workplaces across the UK – making it as easy as refuelling a petrol or diesel car today.” ### Switching to electric vehicles The government is looking to ban the sale of fossil fuel cars by 2030 and has previously stated that it is prepared to spend £500 million on providing EV charging facilities. There are currently around 25,000 public charging points in the UK, with the Competition and Markets Authority suggesting that 480,000 will be needed by 2030 if electric car use is to be adequately supported. ### Installing an electric vehicle charging point Very few homes currently have charging points and to install one, you will ideally need a driveway or garage that you can run a power source to. This may not be easy for some properties, particularly in some city areas. In these places, it will be up to local authorities to roll out on-street charging facilities. A handful of free charging points currently exist, generally with some requirement attached, such as entry to an attraction or shopping at a supermarket. Otherwise, it is generally more expensive to charge using a public charging point such as those found in car parks than a home charger, particularly where they are rapid chargers. It is estimated that this type of charge could cost more than using petrol or diesel. Currently, a grant exists providing up to £350 off of the cost of installing a home charging point. The Office for Low Emission Vehicles (OLEV) provides an Electric Vehicle Homecharge Scheme (EVHS) payment to encourage homeowners to install their own facilities. Installing a home charger involves an initial outlay of between £500 and £1,200 if the available grant is taken up. This will make charging a vehicle cheaper than public charging and also cheaper than the petrol or diesel equivalent. For those looking to buy a property, vehicle charging is something to take into consideration. If you would like to speak to one of our expert property lawyers, ring us on **0345 241 3100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # Homes are selling up to two times faster than before the pandemic Source: https://www.cplaw.co.uk/insights/homes-are-selling-up-to-two-times-faster-than-before-the-pandemic.md **The time taken to sell a house in 2019 was more than twice as long as in 2021. In 2019, it took an average of 69 days for an acceptable offer to be made, whereas in 2021 the time was down to just 27 days.** Online searches for ‘houses for sale’ and ‘property for sale’ also rose substantially, up 31% and 27% respectively. Estate agents and property consultants Strutt & Parker have set out some ways in which those wishing to sell can capitalise on the enthusiastic market. ### Home improvements With homeowners spending an average of over £2,500 in a single year on improvements, it makes sense to target the areas most sought after by buyers if you are thinking of selling and moving on. - Basic structural issues – sorting out problems that are likely to be picked up when a buyer has a survey carried out will minimise the risk of an offer being reduced to cover the cost of rectifying matters. This could include making sure the roof is sound, dealing with damp, checking timbers, repairing the chimney and sorting out cracks. - Clean, fresh and modern kitchens and bathrooms are a big draw. Even if you don’t replace the existing fittings, there are plenty of ways of freshening up these rooms to make them appealing. - If you are prepared to spend some money, converting the loft to a useable extra bedroom will add value. - Similarly, converting the garage is attractive, particularly with people looking for more inside space for homes office and gyms. - If your heating system and windows are dated, replacing them will make your property more appealing. As well as being an expense, it is a hassle that buyers would rather not deal with if they don’t have to. It could set you apart from another similar property to be able to offer a new boiler or new windows that are set to last for years to come. - A well-maintained garden is also a big draw, particularly if it has somewhere for the buyers to picture themselves sitting and enjoying the outside space. Trees and shrubs will make it appear more mature and welcoming, rather than being an empty, sterile box. ### Outside features For external appeal, Strutt & Parker recommend that you attend to a number of issues to make your property stand out from the competition. Research found the following was important to buyers when assessing the outside of a potential home: | Feature | % | | ------- | --- | | Windows in good condition | 71% | | No missing tiles on the roof | 68% | | A tidy garden and trimmed hedges | 67% | | Well maintained driveway or pathway | 56% | | Well-maintained fences and walls | 56% | | An attractive front door | 52% | | Clear gutters | 50% | | Hidden wheelie bins | 36% | | Good lighting | 26% | **Head of Strutt & Parker Canterbury, Edward Church, advises:** “Capitalise on the thing that makes your house different”. If there are easy improvements that can be made to your home, make them, then feature them in photographs and styling to really set your property ahead of the competition.” If you would like to speak to one of our expert property law solicitors, ring us on **0345 241 3100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # Frequently asked questions when moving home Source: https://www.cplaw.co.uk/insights/frequently-asked-questions-when-moving-home.md **The conveyancing process can be long and complex, with many stages to go through before you can complete your property transaction.** We answer some Frequently Asked Questions and explain what to expect when you buy or sell your home. ### What is conveyancing? Conveyancing is the process of legally transferring ownership of a property or piece of land. Because of the serious and substantial nature of property, transferring ownership generally involves searches, enquiries and fulfilment of certain legal requirements before ownership can change. ### How long does conveyancing take? This depends on the length of the chain involved, ie. how many parties are all relying on each other to move. The transaction will not be able to proceed until everyone in the chain is ready. This means that if one party is waiting for something, such as a search result or mortgage offer, the whole chain will be held up. Conveyancing can be completed in around twelve weeks but could take longer if delays are experienced. If there is a short chain, completion could be sooner. ### What is involved in the conveyancing process? The seller’s solicitors will send the buyer’s solicitor the contract package, including a copy of the legal title to the property and the seller’s property information and fixtures and fittings forms. The buyer’s solicitor will go through these and raise enquiries with the seller’s solicitor. At the same time, the buyer’s solicitor will apply for searches to obtain information from the local authority and other bodies such as water companies and environmental agencies. Once the buyer’s solicitor has all of the search results together with satisfactory replies to enquiries and a mortgage offer, the buyer can sign the contract and will be ready to exchange. ### What happens on exchange of contracts? On exchange of contracts, the buyer’s solicitor will pay the buyer’s deposit, usually 10%, to the seller’s solicitor. A date for completion will be set up and down the chain. The buyer’s solicitor will arrange for the mortgage advance to be forwarded in readiness for completion day. Once the money has changed hands on completion day, the seller’s solicitor will authorise the estate agent to release the keys to the buyer. ### When should I instruct a solicitor? You can contact a solicitor as soon as you decide to buy or sell. This will allow them to start carrying out the necessary identity checks, particularly if you are likely to want the transaction to go as quickly as possible. If you are selling, your solicitor will also be able to start putting the contract papers together and let you have the property information and fixtures and fittings forms for completion. ### How much does conveyancing cost? As well as the legal costs, if you are buying a property, you should also budget for other items including search fees, Stamp Duty, Land Registry fees and survey costs. ### Should I get a survey? It is always recommended that a buyer obtain a survey to ensure that their investment is sound. While a mortgage lender will carry out a valuation of the property, this is generally only very basic. A proper survey carried out by a chartered surveyor will give details of the condition of the property and any repairs and maintenance that are needed. There are different types of survey available. For older properties or where you intend to carry out substantial or structural work, you may want to consider an in-depth survey. If you would like to speak to one of our expert property law solicitors, ring us on **0345 241 3100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # How to buy land near your property Source: https://www.cplaw.co.uk/insights/how-to-buy-land-near-your-property.md **If there is unused land near or adjacent to your property, you might want to purchase it. We take a look at how to identify who owns it so that you can make them an offer to buy.** Where a piece of land adjoins a property and is not used, it is often the case that the property owners would like to buy it so that they can manage it and also have the use of it, for example as a larger garden or to add a garage. It can also prevent an area becoming unkempt if no-one is looking after it. The first step in acquiring a piece of adjoining land is to find out who owns it. The Land Registry has records of all of the land and property that has been registered, which amounts to around 80% of property in England and Wales. You can carry out a search of the Property Register and, if the property is registered, you will be able to obtain a plan showing the boundaries of the land as well as a copy of the title showing who owns it so that you can approach them. ### Unregistered land Registration of property is now compulsory when it changes hands, however, if property has not changed hands for a long time, then it could still be unregistered. If the land is not registered, it will be harder to find out whom it belongs to. The Land Registry may have records and if there is no specific address you can use their aerial land locator to identify it and check whether or not it is registered. You can also try the following to see if you can identify the owner: - Contact the neighbours and owners of adjoining land to see if they know who the owner is; - Ask local people, to include shop owners, publicans or post office staff if they have knowledge of who might own it; - If there is a church nearby, ask the church if they own it. Much church land is unregistered as it will not have changed hands for many years; - Look at the title to neighbouring land to see if any reference is made to adjoining land. If so, you may be able to trace the owner by looking at how the ownership of the neighbouring land has been passed on; - Search local country records by asking your local authority what information they hold; - Check local authority planning records to see if any planning applications have been made in respect of the land - Look at the local electoral roll ### Taking possession of land There is a way to claim unused land if you have been in possession of it for twelve years, or ten years for registered land. It is recommended that you speak to an expert property lawyer before doing this to avoid the risk of an action for trespass. Taking adverse possession requires someone to have dealt with the land in the way that an owner-occupier would be expected to. This could include fencing the land and maintaining it. After someone has been in possession for the required period of time, there is still a lengthy process to go through before any type of legal title can be obtained. If you would like to speak to one of our expert property lawyers, ring us on **0345 241 3100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # 5 tips for first-time buyers Source: https://www.cplaw.co.uk/insights/5-tips-for-first-time-buyers.md **Buying your first home is exciting, but it can also be daunting. We look at 5 points you can deal with before you start your search.** There are lots of things to consider when buying a home and it can seem overwhelming the first time you go through the process. If you take the time to go through the following straight away, you’ll get off to a good start and be ready to move as soon as you find your dream home. ### Do your calculations carefully before you search Make a list of all the expenses you are likely to incur, from Stamp Duty through to the costs of removals. Your solicitor will be able to provide a list of things like Land Registry and search fees. Then work out how much you can realistically afford. ### Apply for a mortgage offer in principle By applying for your mortgage before you find a property, you make yourself a more attractive buyer. Those wishing to move in a hurry will be more likely to choose you over someone who hasn’t yet applied for a mortgage. Lenders are used to issuing mortgage offers in principle to people who have yet to find a home. If you apply now, you’ll have the opportunity to supply them with all the paperwork and information they need before the pressure is on. Consider using a mortgage broker if you’re struggling to find the right deal or wondering which type of mortgage is the best for you. ### Make sure you understand the mortgage details Go through the mortgage documentation carefully and make sure you understand the offer. There are often penalties if you redeem a fixed- rate offer early for example, and you need to be sure that there won’t be any nasty surprises further on down the line. Check the mortgage term, whether the offer is on a repayment or interest-only basis and make sure you can afford the monthly payments, taking into account that they may increase. ### Research the area and the property thoroughly Check out the area you’re intending to move to as well as the property itself. Visit at different times of the day and evening. Your solicitor will find out some information via local searches, such as any planned building or new roads, but when it comes to noise, nuisance neighbours or heavy traffic, you will need to make your own investigations. ### Put a solicitor in place before you find your new home If you find a solicitor to act on your behalf before you start searching for a property, then you’ll be ready to proceed quickly once you find the right home. Sellers are more likely to take you seriously if you can show that you have a mortgage offer and a lawyer lined up and ready to go. If you would like to talk to one of our expert property lawyers, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Which day of the week is most popular for a house move? Source: https://www.cplaw.co.uk/insights/which-day-of-the-week-is-most-popular-for-a-house-move.md **Home moving website, Compare My Move, has produced some data revealing the most and least popular days of the week to move house, as well as the cheapest and most expensive.** The site looked at 95,000 UK movers who used their services in 2019 to put together a picture of the current trends. They found that over a third of people in Britain chose a Friday, giving them the weekend to settle into their new home before a return to work. In Greater London, Saturday was the most popular day, while in Northern Ireland it was Wednesday. ### Moving costs Tuesday was the most expensive day to move, costing on average £1,110, 21 percent above the average. Sunday was understandably the cheapest, with only 2.69 percent of movers choosing it, probably largely due to solicitors and banks being unavailable to complete transactions at the weekend as well as the difficulty of contacting service providers. Those who did move on a Sunday paid only £717, some 21 percent below the average cost. ### Most popular month for a move August was the favoured month for moving, with summer weather and school holidays smoothing the way. It also allows those moving to a new area to settle in before the start of the school year. Regional differences include Wales and Northern Ireland, where July was most popular, and Scotland where a move in May is favoured. The North West and Yorkshire and the Humber prefer January and the North East and the West Midlands move most in October. [Compare My Move](https://www.comparemymove.com/) said: “Our research shows that Friday still reigns supreme for movers across Britain, with a huge 34% of movers choosing this day. Booking one day off work nets you three days to get settled in across the weekend, so it’s clear why Friday is such a favourite. If you want to nab a Friday move at a decent rate, make sure you book at least three months ahead of time, and always compare removal quotes. “… Only 2.69% of our users opted for a Sunday move, and with businesses and banks winding down on the day of rest and Monday morning looming, it’s easy to see why. However, the potential for off-peak discounts by removal companies wanting to fill their working week on these days makes bucking the trend worth it. Whenever you choose to move, remember to always compare multiple removal companies, always be prepared to negotiate, and always expect a free house survey for a watertight quote.” If you’re thinking of buying or selling a home and you’d like to speak to one of our expert property lawyers, contact us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # What happens when a homeowner with a mortgage dies Source: https://www.cplaw.co.uk/insights/what-happens-when-a-homeowner-with-a-mortgage-dies.md **When someone who has a mortgage dies, it is important to notify the lender as soon as possible. If the property has been left to you in a Will, you should ask them about the options for taking on some or all of the mortgage if it cannot be repaid.** After a death, notifications need to be sent to all of the organisations where the deceased held an account. This includes any mortgage lender. ### What happens next The monthly payments will still need to be made while the estate is administered. If the mortgage was in the sole name of the deceased, then the mortgage company has the right to ask for the repayment of the amount owed in full. If the property is passed to someone else and they are able to meet the mortgage payments, then the mortgage company may consent to transferring the mortgage debt to that person. It is important to speak to the lender early on after the death, so that they can set out the options. If the property is sold, then the mortgage will be repaid from the proceeds of sale. ### Where there is a joint mortgage When a property is held with someone else as joint tenants, then the property and the mortgage will automatically pass to that other person on the death of the other owner. This means that they will be responsible for making the mortgage payments. If this is not possible, then the property may have to be sold to repay the debt. If the property is held as tenants in common, then the situation can be more complicated as the deceased’s share of the property becomes part of their estate and will pass in accordance with the terms of their Will or the rules of intestacy. If the remaining owner does not inherit the rest of the property, there may be an option for them to purchase it. To prevent a tenant in common being forced to leave the property, it is possible for property owners to leave each other a life interest in their share of the home. This means that the surviving spouse or partner would be able to continue to live in the property after death of the other. Following the survivor’s death, the share of the property owned by the first to die would still pass in accordance with their Will. It is particularly important to think about what you would like to happen to your property after your death if you have a mortgage over it. You need to consider whether others would be able to afford to take on the debt and, if not, how you can secure their future, for example, by leaving them a bequest or taking out a life insurance policy. If you would like to talk to one of our Wills or property experts, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Five surprising mortgage truths Source: https://www.cplaw.co.uk/insights/five-surprising-mortgage-truths.md **Mortgage companies are becoming ever more flexible, meaning that whatever your situation there is probably an ideal product for you.** Finding a mortgage can be time-consuming and complicated. If you’re struggling to find the right product, consider speaking to an independent financial adviser to obtain some help. We look at some of the situations where you might be surprised to find you can still obtain a mortgage. ### Finding a mortgage when you have poor credit There are lenders who specialise in lending to those with lower credit ratings. They will assess your individual situation, taking into account the length of time since any incidents and the amount of any debt. They will also look at your outgoings, to include payment of any loans, debts and overdrafts. Interest rates are likely to be higher than normal and you may have to provide a larger deposit than with standard mortgages. The amount they lend may be limited. ### Finding a mortgage when you’ve got an overdraft As with poor credit, having an overdraft does not preclude you having a mortgage. Lenders will look at the amount of the overdraft and how you are managing the payments in making their decision. ### Finding a mortgage when you’re self-employed The same range of mortgage products is available to the self-employed as to anyone else, but lenders will require you to prove your earnings and they will also want to be confident that they are sustainable. Lenders like to see accounts for two years, preferably three or more, prepared by a chartered or certified accountant, although some will consider those with only a single year’s figures. ### Finding a mortgage when you’re older The range of later life loans is on the increase as more banks take advantage of those wishing to take out a mortgage in more advanced years. Traditionally the cut-off age for repayment was 70 or 75, but more recently lenders have emerged willing to lend to people into their eighties or even up to 99 to allow people to release the equity in their home. ### Keeping your mortgage when you move house You may be encouraged to find a new mortgage when you move house, but in some circumstances you can keep your existing mortgage. If you want to do this, for example, to keep a good rate, contact your lender and see if they will be prepared to port your loan to your new property. They will need to do a valuation and see all the usual searches and if you are asking to borrow more they will also assess your income situation. Any new amount loaned will be based on their current lending terms. If you’re thinking of buying a property and would like to speak to one of our expert lawyers, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Selling a home for the first time Source: https://www.cplaw.co.uk/insights/selling-a-home-for-the-first-time.md **Selling a home for the first time can be stressful, particularly if you are also trying to tie in a purchase.** There are a number of things you can do to help your sale go as smoothly as possible, so that as soon as you find a buyer there are no delays on your side as the sale goes through. ### Prepare your home for viewings Before you instruct an estate agent, make sure your home is ready for photos and viewings. This mainly involves clearing away all clutter and making sure the place is clean and tidy. It is worth paying particular attention to the front of the property as this will form your buyers’ first impression. Don’t feel pressured into spending large amounts of money or carrying out major work however, as you may not recoup this in your sale price. ### Find the right estate agent Asking local friends and family for recommendations is a good way to find an agent who is enthusiastic and competent. Make sure they are independent from any other party in the transaction, such as a builder, and that they are easily contactable and friendly. This is important, as your buyer will also be dealing with them. ### Start putting the documentation together By putting as much documentation in place as possible at the start of a transaction, you stand a better chance of avoiding delays later on. Some items, such as the Energy Performance Certificate, will be needed by your agent before the property is marketed. Other important paperwork includes guarantees for work carried out to the property, planning consents, building regulations approval and any leasehold information if applicable. Your solicitor will also give you a property information form and fixtures and fittings list to fill out in readiness for your buyers. ### Choose your solicitor A good solicitor is essential to the smooth running of a sale and/or purchase. They will deal with documentation promptly and chase up your buyers’ and sellers’ solicitor regularly to ensure that the transaction keeps moving. They will also be able to offer expert advice on the property you are buying and deal with obtaining funds from your mortgage lender, if you have one. Make sure you choose an independent solicitor, who will act in your best interests, and not one who has any affiliation with the other parties in the transaction, for example one recommended by a builder or lender. As well as dealing with the paperwork for you, a good solicitor will be able to talk you through the process and make sure you are happy at each stage of the transaction. Exchange and completion can be quite complicated, so you need to ensure that you have someone readily available to explain it to you. If you are thinking of buying or selling your home, speak to one of our expert property lawyers on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # The Homeowners guide to Covid-19 Self-isolation Source: https://www.cplaw.co.uk/insights/the-homeowners-guide-to-covid-19-self-isolation.md **The coronavirus – Covid-19 – pandemic has seemingly sent the world into a spin. With people fighting over groceries and toilet roll, organisations and countries deciding to go into lock down, it can be difficult to comprehend what advice to follow. The UK is currently in the ‘delay’ phase of the governmental plan to tackle the virus.** But what does this all mean for homeowners? How does being in self-isolation impact your financial health? Below we take a look at the steps you can take to ensure you stay in the best financial shape during these uncertain times. ### What about your mortgage? Many homeowners wonder how they’d pay the mortgage if they were to lose their job. The Coronavirus has made this issue a reality for many, who have faced time off work in a bid to curtail the virus. Employers are required to pay Statutory Sick Pay from the day self-isolation starts, but this reduction in pay can have a detrimental effect on your ability to pay your mortgage, household bills and other day to day living expenses. Many highstreet lenders have announced that they’ll be giving their customers mortgage and loan repayment holidays, if they’ve been affected by the Coronavirus. Lenders including RBS, NatWest, TSB, Virgin Money and Santander are looking at each customer’s case on a individual basis, and coming up with solutions to ease the financial burden during this tricky time. ### What should you do? If you are affected by Coronavirus, contact your mortgage provider at the earliest opportunity and explain what has been going on. Calling and seeking advice from them is a far more proactive approach than not paying the mortgage and awaiting the consequences. Being open and honest with your provider, can hold you in good stead and allow you to set your finances accordingly. ### Buying and/or selling your home Unfortunately, the law allows for little or no leeway with regards to allowing provisions for Coronavirus. If the conveyancing process is near completion and it’s a matter of exchanging contracts, the party that delays this due to issues surrounding Covid-19 (i.e. unable to get removal vans, self-isolation) can inccur additional costs from the other side, if the process isn’t completed within 10 days of one side issuing notice on the other. The Law Society has issued guidance which advises conveyancers and solicitors that if Coronavirus affects any part of the process, the transaction reverts back to pre-exchange mode which prevents, either party incurring additional costs. If you haven’t got to the exchange part of the process yet, you can ask your conveyancer or solicitor to add a clause into the contract surrounding Coronavirus. This clause would need to be approved by all parties in a chain. ### What should you do? Speak to your conveyancer/solicitor regarding the steps you can take to protect yourself during the conveyancing process from the Coronavirus. If you are thinking of buying or selling a property, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Providing home buyers with the right information Source: https://www.cplaw.co.uk/insights/providing-home-buyers-with-the-right-information.md If you’re selling a property, at some point you are going to have to complete a Seller Property Information Form (SPIF). It’s a fairly lengthy document that provides the buyer with lots of detail about the property you are selling. It’s an important document and is exchanged with the buyer and forms part of the contract of the sale. It’s not mandatory to complete one. But if you don’t it will look suspicious and the buyer will likely decide not to go ahead. It doesn’t happen often, but there have been cases of sellers providing incorrect information which has led the buyer to take them to court for misrepresentation. Last year a couple began proceedings against their buyer after their property flooded. They found a historic Facebook post proving the sellers were aware of the problem. Details were not included in the SPIF. The SPIF covers a wide range of topics. These are some of the things you will need to consider: - Environmental issues – this includes flooding but also whether the property is affected by the invasive plant Japanese Knotweed. - Boundaries – Where are they? Whose responsibility are they? And whether any boundaries have moved in the last 20 years. - Disputes – whether there are any disputes either with this or a nearby property either historic, ongoing or that may potentially occur in the future. - Notices or proposals that may affect the property – for example if there are plans to develop land nearby. - Alterations – if you’ve made changes to the property such as an extension, conversion or change of use. These all need to be declared along with any supporting documents such as Building Regulations approvals. - Insurance – this includes whether you have ever had buildings insurance refused or been subject to a high excess. On top of that there are sections covering guarantees and warranties, parking and other charges you may be liable for as the owner. As the seller you have a legal obligation to fill it out correctly. But you aren’t alone. Your conveyancer will be able to help explain questions you are unsure about to make sure you get it right. CP Law’s team of expert solicitors can ensure your property move goes smoothly. Speak to a member of our team today, contact us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Selling a buy-to-let property Source: https://www.cplaw.co.uk/insights/selling-a-buy-to-let-property.md **Selling a buy-to-let property can be more complicated than a normal home sale.** When you own a property as an investment rather than a personal residence, you will need to think about your tenants as well as the potential tax implications of a sale. ### Sale of property – tenanted or vacant? If you have tenants in the property, you will need to give them notice to leave if you wish to sell the property without them in it. However, it is possible to sell with tenants. This can make the sale a quicker process as you will not need to wait for the end of their notice period. If you sell with tenants in situ, you will be limited to selling to other landlords, although they may be happy to purchase a property with tenants already in place as it means they will not need to advertise for tenants themselves. If you wait for your tenants to leave, you will not be limited in who you can sell to. You may need to spend some money in putting the property in good order after the tenants have left however. ### Dealing with tenants In the event that you want the tenants to leave, you will need to ensure that you comply with the terms of the tenancy agreement in giving them notice. If the tenants are to remain, you will need to come to some agreement with them about viewings by prospective buyers. Try and keep your relationship with them amicable if possible as this will be a good selling point with any potential landlord buyer. ### Costs of sale You need to be aware of the capital gains tax liability when selling an investment property. The calculation can be complicated, as tax is only paid on the gain and some exemptions may be available. For example, if you used to occupy the property as your main residence, you will not have to pay tax in respect of those years. Your capital gain will be included when calculating your annual tax payment, and you need to be aware that it could put you into a higher tax bracket. It is advisable to speak to an expert to ensure that you fully understand the tax implications of your sale. In addition to tax, you will also need to pay your estate agent’s fee and the legal costs. Both of these can be offset against any capital gain. If you have a fixed-term mortgage and will be paying it off early, you will usually be liable for a penalty payment. The costs can mount up and it is worth working out exactly how much a sale will be before going ahead. If you are thinking of selling a property and you would like to speak to one of our conveyancing experts today. Contact us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # UK house sales enquiries fall substantially Source: https://www.cplaw.co.uk/insights/uk-house-sales-enquiries-fall-substantially.md **A report carried out by WeBuyAnyHome has found that house sale enquiries have fallen dramatically since the start of the pandemic.** Economic turbulence combined with the logistical difficulties of moving house in 2020 has seen UK house sales enquiries decrease by an average of 32 per cent. In Scotland, that figure was 48 per cent in the second quarter of the year. January and February started strongly, with increases in both sale and price growth across the UK. Even prime central London homes were on the up after five years of declining prices, with Kensington & Chelsea prices having dropped 2.5 per cent in the five years to February 2020 and Westminster down 0.4 per cent. ### House sales enquiries by region In the North, enquiries in Lancashire fell by 38.4 per cent in comparison to last year, while in North Yorkshire they were down 39.2 per cent. London has fared better than elsewhere, dropping 14.2 per cent. Essex and Kent have struggled, with enquiries down 32.7 per cent and 25.5 per cent respectively. Comparing the period January to May 2020 with the same months of 2019, the locations with the biggest decrease were Dundee and Tyrone, where enquiries were wiped out. Northumberland fell by 56.64 per cent and in Norfolk by 51.46 per cent. Overall, figures for Scotland were down 12.9 per cent, although some localised areas showed more promise. Clackmannanshire was up by 112.5 per cent, while Edinburgh was up by 27.27 per cent. The Isle of Wight was the only English area in the top eight, with an increase of 21.21 per cent. ### House sellers by demographic The study also looked at which individuals or families were selling. On the increase were affluent families and crossroads older families, both up 33 per cent and middle of the road families, up 24 per cent. Affluent early stage families selling up were down 48 per cent, followed by supported families down 42 per cent and well off adults, down 27 per cent. ### Looking ahead As estate agents struggle after months of poor sales, they do not expect to make up the losses in 2021. Although prices have grown strongly since the end of the first period of lockdown, with the average property price in the UK up £15,000 since June, to £253,000, neither agents nor lenders are optimistic. With the effects of Brexit still uncertain and ongoing economic difficulties in many sectors, plus the end of the Stamp Duty holiday, there are still troubles to overcome. If people miss the Stamp Duty deadline or the jobs market deteriorates, they may decide to pull out of previously agreed deals. If you are thinking of buying or selling a property and you would like to speak to one of our expert lawyers, contact us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # How to prepare if you want to move by Christmas or New Year Source: https://www.cplaw.co.uk/insights/how-to-prepare-if-you-want-to-move-by-christmas-or-new-year.md **For buyers and sellers looking to move before the festive period, preparation will give them the best possible chance of meeting a tight deadline.** Despite the end of the Stamp Duty holiday, the property market is still active, with buyers looking to take advantage of low mortgage rates. We take a look at how to organise a quick move. ### Find the right estate agent Talk to friends and relatives in your area and ask for recommended agents who have worked well for them. If you want to sell quickly, you may need to price realistically. Make sure that your agent knows from the start that you want to move without delay so that everyone involved is aware of your wishes. ### Put a solicitor in place Find a solicitor to take on the conveyancing work early on, when you put your property on the market or when you start looking for somewhere to buy. They will be able to let you have a list of information that they need from you so that you can both start work on putting together the required paperwork. ### Obtain a mortgage in principle Arrange a mortgage offer in principle before you have found a specific property. This means that you can provide the lender with the documentation they require at this stage and they can ask any questions they need to. Once they have issued a mortgage offer in principle, it will be much quicker and easier to obtain a mortgage offer once you have found the right property. ### Prepare your property for sale If you want to sell quickly, you won’t have time to carry out work to your property, however you should try and ensure it is clean, decluttered and that the garden is neat and tidy. This will help you when you come to move, as well as making your property more attractive to potential buyers. ### Start packing early If you will be packing yourself, start as soon as you have a buyer or you have found a property to purchase, so that the job doesn’t end up being stressful. You can start by putting everything that you won’t need into boxes, decluttering as you go. Try and keep the boxes specific to particular rooms and label them thoroughly. Doing little and often early on means that when you come to unpack, everything should be well organised and you will only have items that you really need. As soon as your solicitor is able to confirm your moving date, make sure you book your removals company. They are likely to be busy as the festive season approaches. If you don’t have much time to deal with packing and unpacking, consider paying for your removals company to do this for you. ### Make lists of who to notify of your move There is a lot of admin that goes with moving house. Making a list of who to contact and the details that you will need, such as your account numbers and customer numbers, means that you will be able to deal with it quickly when the time comes. You will need to include utility companies, authorities, organisations that you hold an account with and the NHS. Find a comprehensive list online and work through it methodically. If you would like to speak to one of our expert property lawyers, ring us on **0345 241 3100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # What to do if an executor is not taking steps to administer an estate Source: https://www.cplaw.co.uk/insights/what-to-do-if-an-executor-is-not-taking-steps-to-administer-an-estate.md **After a death, the estate’s executor or administrator has the job of winding up the deceased’s affairs. We take a look at what happens if they fail to carry out their role.** The task of administering an estate can be time-consuming and is often complex. Where an executor or administrator is not coping with the job or is simply not doing anything to wind up the estate, those with an interest in the estate may need to take action. ### Failure to carry out the administration An executor (or administrator, if the deceased did not leave a Will) should aim to finalise the deceased’s affairs within a year. If you do not believe that any progress is being made, you have a range of options. **Citation to accept or refuse a grant** A citation is a notice calling on someone to carry out a specific act and can be served by a beneficiary on an executor who has failed to start work on the estate administration. A citation to accept or refuse a grant requires the potential executor to respond by entering an appearance. The potential executor can decide to obtain the Grant of Probate or they can decline, in which case the person with next priority can make the application. If the executor does not respond to the citation then they lose their entitlement to act as executor and the person who is next in order of priority can apply. If they enter an appearance agreeing to act as executor, they should then proceed to deal with the application for a grant. **Citation to take probate** If the executor or administrator has taken some action in respect of the winding up, known as intermeddling, but has not obtained a Grant of Probate (or in the case of an administrator a Grant of Letters of Administration), then a citation can be given to them requiring them to respond with an appearance. If they file an appearance, they should then apply to obtain the grant. If they do not respond with an appearance, then the interested party can ask the court for permission to obtain a grant themselves. **Citation to propound a Will** If the deceased left more than one Will, then a beneficiary can serve a citation to propound a Will, ie. to prove the validity of a particular Will. They will need to show that the Will in question is valid. If the person in receipt of the citation does not then file an appearance, the person serving the citation can ask the court to issue a grant in respect of the Will. ### Removing an executor or administrator If the executor or administrator has taken some action in administering the estate, but you are not happy with progress or you do not believe that they have been acting in the best interests of the beneficiaries, then you may wish to take steps to address this. The best way to deal with this is generally by consent, with the executor or administrator stepping down so that someone else can take over the administration. Negotiation led by a legal expert in probate matters may be helpful where an agreement cannot easily be reached. If it is still not possible to agree, then mediation can be tried. As a last resort, it is possible to ask the court to remove an executor or administrator who is failing in their role. If you would like to speak to one of our expert private client solicitors, ring us on **0345 241 3100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # How long does it take to wind up someone’s Estate after their death? Source: https://www.cplaw.co.uk/insights/how-long-does-it-take-to-wind-up-someones-estate-after-their-death.md **After someone dies, their Estate needs to be administered and their assets distributed in accordance with their Will or if they did not leave a Will, with the Rules of Intestacy.** How long this takes can vary greatly depending on the [size of their Estate](https://www.gov.uk/government/statistics/table-133-identified-personal-wealth-estate-size-by-age-and-gender) and to whom their assets are left. If someone leaves their whole Estate to their spouse, it can be a relatively quick and easy process to transfer all of the assets. The time taken will also depend on the Estate’s Executor or Administrator. It is their job to collect in and value all of the Estate’s assets, calculate and settle any tax liabilities. They include inheritance tax, sell or transfer assets, which may include clearance and sale of property. Finally, they prepare Estate accounts and distribute the Estate to its beneficiaries. This can be a complex and time-consuming job, particularly where many different asset-holders are involved, and if the Executor is not able to dedicate large blocks of time to the task then the winding-up of an Estate can drag on for many months, or even longer. It should be noted that there is a legal time limit for some aspects of the administration, such as submission of Inheritance Tax forms and payment of outstanding liabilities. Appointing a professional Executor such as a solicitor is one way of ensuring that an administration proceeds without undue delay. ### Grant of Probate and Letters of Administration It is usually a requirement that the person who is undertaking the Estate administration will need to apply to the Probate Registry for a Grant of Probate or if no Will was left, a Grant of Letters of Administration. This document formally appoints them to act in respect of the winding-up of the Estate. Whether or not this documentation is required depends on the value of the Estate, so the first job is to calculate the amount in question. ### Time taken to wind up an Estate The average time taken to value assets then apply for and receive a Grant is around 3-6 months, with the average time to complete an Estate administration around 9-12 months. The total time taken can be considerably longer if property needs to be sold or if some assets are held overseas. Leaving a Will does not guarantee that an Estate will be administered more quickly, but it can ensure that everyone involved understands what the Deceased’s wishes were and help avoid misunderstandings and disagreements. It is important that a Will is carefully drafted to avoid ambiguity and that consideration is given to the implications of leaving out close family members who may feel they have a legal entitlement to receive a legacy. If you are concerned that your Will may be problematic, it is advisable to seek independent legal advice to ensure that it is clear and valid. If you would like to speak to one of our Wills and Probate experts, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Can you leave someone a legacy in your Will and also name them as your Executor? Source: https://www.cplaw.co.uk/insights/can-you-leave-someone-a-legacy-in-your-will-and-also-name-them-as-your-executor.md **When you’re writing your Will, you will need to choose the right person to be your executor. We look at what being an executor entails and whether that person can also be a beneficiary.** It is important when writing your Will that the executor you name is someone you trust to deal with your affairs after you’ve gone. Estate administration can be a long and sometimes complicated matter and you need to be sure that the person you have chosen is willing to act and capable of doing so. It is perfectly acceptable for your executor to be a beneficiary as well, in fact, this is often the case. ### The role of executor Your [executor](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/probate-estate-administration/) will be responsible for all administrative matters, starting with funeral arrangements and registering the death with the appropriate authorities. You can choose more than one executor should you wish. They need to notify all asset holders and other organisations and then collect in and value the assets. Other ancillary jobs such as putting vacant property insurance in place and making arrangements to check on any property regularly also fall to the executor. Once the estate has been valued, tax needs to be calculated and paid. This includes Inheritance Tax, Income Tax and in some instances Capital Gains Tax. Once the estate is in funds, outstanding debts need to be paid and estate accounts prepared. The final job is to distribute the estate to the beneficiaries. This may involve the transfer of assets and gifts of personal possessions as well as cash payments. ### The role of beneficiary A beneficiary will be notified that they have been left something in the Will, but won’t necessarily be regularly updated on the probate process unless there are delays. As well as receiving their named gift, they are also entitled to see the estate accounts. ### If no valid Will exists Where the deceased didn’t leave a Will, their estate passes under the Rules of Intestacy, which state that assets pass to close family members in a strict order. The spouse is at the top of the list, with children next. The person heading the list is entitled to act as executor if they choose. If they do not wish to take on the role, then the next person has the option of doing it. By ensuring that you have a valid Will in place, you have the chance to appoint your choice of executor as well as ensuring that your assets are left to those you wish to benefit. If you would like to talk to one of our expert Will writers, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # Guide to Financial Settlements Source: https://www.cplaw.co.uk/insights/guide-to-financial-settlements.md **If you have tried but failed to reach a financial settlement with your spouse and your solicitor has advised that the matter should be referred to court, an application has to be made to the court. This can be made by either you or your spouse by completing Form A and is the application to start the court procedure.** ### First Court Appointment (FDA) The court then sets the date of the First Appointment (FDA) and the dates for the filing and exchange of Form E as well as the dates for the exchange of other documents. These procedures are known as Directions. The FDA is usually scheduled 12 weeks after your divorce application has been filed. ### Form E Both you and your spouse then have to exchange a form known as Form E at the same time. This is also presented to the court. This can be about twenty pages in length. Form E is very important and must be treated seriously; it is central to the whole case. You will have to fill in details relating to your financial circumstances, including details relating to your personal pensions, the value of the family home and any other properties, details of salary and bank statements. Also, you may have to have a professional valuation of a property done. The directions (court instructions) will normally contain a time limit for this form to be completed. A period of 28 days is generally allowed. There can be further directions meetings throughout the process. Other documentation required will include: - Concise statement of issues; - Dates of the issues; - Form G: explores the possibility of using the First Appointment as a Financial Dispute Resolution (FDR); - Form H – estimate of costs ### First Hearing If at this stage no agreement has been reached, there will be a First Hearing. The judge will look at the issues involved in your case and decide whether, in his opinion, you are likely to agree a settlement. Some cases are agreed at this stage. ### Financial Dispute Resolution Appointment (FDR) If there is no agreement at this stage, a date will be given for a Financial Dispute Resolution Appointment (FDR). This meeting is to discuss what type of settlement you are each looking for and, again, the aim is for you to reach a voluntary agreement. Before this meeting, questionnaires, proposals for settlement and cost estimates have to be completed and filed. At the meeting, the District Judge will provide guidance towards a settlement by exploring common ground, dispelling any unrealistic expectations and encourage both parties to reach a settlement. The majority of financial cases settle at this point. ### The Final Hearing Finally, if things still haven’t been resolved, there will be a Final Hearing. Even at this late stage, it is not uncommon for an agreement to be reached, even at the doors to the court. In advance of this hearing, there is the following preparation: - Papers for the court prepared and filed; - Barristers briefed and matters discussed in confidence with yourself; - Open proposals filed and served; - Detailed cost estimates filed ( Form H1) Here the judge will hear evidence from both of you and then make his own decision about your finances. He will consider the issues bearing in mind, firstly, the needs of any children of the marriage and the reasonable needs of yourself and your spouse. After listening to the evidence, the judge will then grant orders. The final court order, will usually deal with capital, maintenance and pensions. An order about capital will generally be final, and unchangeable. An order about maintenance can sometimes be varied later if circumstances change. As part of the final order there may be provision for a property to be sold or transferred. ### Types of Court Order **Maintenance for the husband or wife (or spousal maintenance)** One spouse is ordered to pay a sum of money to the other regularly. The length of time for which the maintenance is paid can vary; a fixed period or for the rest of your lives. The recipient will give up their right to the maintenance if they remarry. This sort of maintenance is ordered if the less well-off of the parties is unable to support themselves financially. The actual sum of money to be paid depends on factors such as the needs and earning ability of the recipient. **Lump Sum** Similarly to spousal maintenance, money can be ordered to be paid from one spouse to the other in one payment, i.e. a lump sum. The advantage of this is that it gives the couple a ‘clean break’, allowing them to become financially independent and enabling them to draw a line under their time together. **Maintenance for the children** Child maintenance can be arranged privately between the divorced couple, or the Child Support Agency can be enlisted to formulate an arrangement. **Transfer of property order** All types of property can be ordered to be sold or transferred by the court. This most commonly applies to the family home. The court also has the authority to decree how the proceeds should be divided after a sale of property. **Pensions** Courts also have the power to divide pension policies between the two parties. Alternatively, the wife may be given a larger share of the marital assets or a lump sum to compensate or ‘offset’ her loss of interest in her husband’s pension. For more information visit our [Matrimonial finances](https://www.cplaw.co.uk/private-clients/family-law/matrimonial-finances/) page --- # Guide to role of an Executor Source: https://www.cplaw.co.uk/insights/guide-to-role-of-an-executor.md **The role of an Executor is a significant responsibility. It is their duty to ascertain all the deceased’s assets and liabilities, to preserve those assets pending encashment (or transfer to a beneficiary), to discharge the deceased’s liabilities, ensure that the deceased’s tax affairs are finalised and ultimately deal with the assets in accordance with the deceased’s Will. Failure to comply with Executors’ obligations can render them personally liable.** **Key duties of an Executor** ### 1. Registration of the death and arrangements for the funeral You may need to register the death with the Registrar of Births, Deaths & Marriages where there are no family members who are willing or able to do this. A number of copies of the death certificate are required. Technically, as an Executor it is your duty to arrange for the funeral although in practice this is usually done by members of the family. If the deceased carried a donor card or left any instructions concerning the use of their body for medical research, it is necessary to contact the appropriate authorities immediately. ### 2. Safeguarding the assets As soon as possible after death, steps should be taken to ensure that the deceased’s property and effects are properly secured and insured for their full value. The insurer needs to be informed as soon as possible and definitely within 30 days of the deceased’s passing. ### 3. Ascertaining assets and liabilities You will need to ascertain details of all the belongings and papers of the estate. This entails going through the deceased’s belongings to establish details of bank accounts, pension arrangements, tax affairs etc; bank statements should also be checked to ensure that all regular payments in can be correctly identified with the assets to which they relate and payments out with all liabilities. The deceased’s computer may also reveal a spreadsheet of assets and liabilities in addition to Internet-operated accounts which might not otherwise come to your attention. Contact should be made with all asset holders to register the death, ascertain the value of the asset at the date of death (including accrued interest) and to obtain a withdrawal form to enable the asset ultimately to be encashed. Similarly, utility companies and creditors should be contacted in order that they are aware that there will be a delay in settling any accounts and to ascertain the precise value of all liabilities. Where the deceased was a widow(er) it is also important to check for papers relating to their spouse’s estate. This information will be needed to clarify the inheritance tax position and in order to claim any portion of the nil rate band (the amount above which Inheritance Tax becomes payable) which was not used up on the first death. For example, in a situation where a couple leaves all their estate to each other, then the second spouse can make a claim which will effectively double the nil rate band. ### 4. Dealing with personal chattels and joint accounts The Executor’s authority stems from the Will. This enables you, if you so wish, to deal with the deceased’s personal chattels – furniture and effects and motor vehicles – before Probate is obtained. However, where Inheritance Tax is payable professional valuations will be needed before disposal. Where the deceased held a joint account with their spouse the death should be registered, and the account transferred into the sole name of the surviving spouse. ### 5. Obtaining Probate Where the total value of the estate exceeds £15,000, asset holders will usually require production of a Grant of Probate before releasing monies due to the estate. Probate is the Court Order issued by the Court confirming your authority to deal with the deceased’s affairs. To obtain Probate it is necessary to prepare and submit the appropriate Inheritance Tax form specifying the deceased’s assets and liabilities. Where no Inheritance Tax is payable then it is usually possible to give an approximate indication of the assets and liabilities. However, where Inheritance Tax is payable, it is necessary for precise details of the assets and liabilities to be shown. In such cases a professional valuation of the deceased’s property and personal effects is required together also with an accurate valuation of any business assets and unquoted shares. An Inheritance Tax Return must be submitted within 12 months of death although in practice this is usually done as quickly as possible; interest will be chargeable on any unpaid Inheritance Tax with effect from the 6 months after the end of the month in which death occurred. It is the Executor’s duty to pay Inheritance Tax before Probate is granted. In many cases it will be possible to obtain payment from the deceased’s bank or building society account or National Savings products. Where there are insufficient assets of this nature, a loan will be required to procure payment of Inheritance Tax. In the case of real property i.e. land, and certain other assets, Inheritance Tax may be paid by instalments. At the same time as submitting the Inheritance Tax Return the Executors must swear an oath (or sign a Statement of Truth) in the required form confirming amongst other things that they will administer the deceased’s estate in a proper manner. Once an application for Grant of Probate has been submitted Probate will normally be issued within 4 weeks where no Inheritance Tax is payable and within 6 weeks where the tax is payable. ### 6. Realisation of assets and distribution of the estate As soon as Probate is granted it is usual to either encash assets or, where appropriate, arrange for them to be transferred to a beneficiary. When assets are encashed, you should firstly discharge any liabilities and then pay any legacies specified in the Will. When all the assets have been encashed (or transferred), liabilities paid and the deceased’s tax affairs finalised a full set of accounts should be produced for the beneficiaries showing the estate’s assets and liabilities, income arising during the administration of the estate, expenses and how the estate is being distributed. The Inheritance Act 1975 enables certain close relatives of the deceased together with cohabitees to make a claim against the estate if they believe that the deceased failed to make reasonable financial provision for them. Such a claim must (unless the Court otherwise consents) be made within 6 months of the date on which Probate is issued. Accordingly, where it is considered that such a claim may be made, Executors would be ill advised to distribute the estate until 6 months after Probate has been issued. ### Taxation It is your duty to ensure the estate pays any Inheritance Tax which may arise as a result of the deceased’s death. In order to calculate the Inheritance Tax payable, if any, it will be necessary to ascertain the value of: - The deceased’s assets and liabilities at date of death; - The value of any gifts which they have made in the seven years prior to death to the extent that these exceed the appropriate annual allowances; - The value of any gifts made since 17 March 1986 where the deceased reserved a benefit from the gifted property; - The value of any trust funds in respect of which the deceased had a right to income; - Where the deceased was a widow(er) the proportion of the unused nil rate band on the estate of their spouse. Where the aggregate value exceeds the nil rate band (the amount above which Inheritance Tax becomes payable) tax will be payable at 40% on the excess. No Inheritance Tax is payable in respect of assets passing to a spouse domiciled in the United Kingdom or to a UK registered charity. Failure to make full disclosure or to incorrectly value assets and liabilities can result in you receiving a penalty for which you are personally liable. It is also your duty to ensure that the deceased’s other tax affairs are finalised. This involves: - Liaising with the deceased’s Tax Inspector to ensure that Income Tax and Capital Gains Tax liability up to the date of death are finalised; - Ensuring that any Income Tax and Capital Gains Tax liability arising during the course of the administration of the estate is settled. In some cases, it may be possible to mitigate the Capital Gains Tax payable during the administration of the estate. Similarly, a Deed of Variation of the Will may be advisable in order to mitigate the Inheritance Tax payable either in respect of the deceased’s estate or in respect of any future Inheritance Tax liability of a beneficiary. Checklist summary of Executors’ duties | Step | Process | | ---- | ------- | | 1 | Inform next of kin, close family and any potential heirs of the death and that you are an executor. | | 2 | Appoint a solicitor. | | 3 | Obtain copy of will and carry out instructions within. | | 4 | If necessary, register the death and assist with funeral arrangements. | | 5 | Ensure assets are listed and if necessary, made secure, for example, locating house keys and locking property. | | 6 | Gather together relevant paperwork, address book of deceased, wills, death certificate and any certified copies, personal effects such as handbag or wallet. | | 7 | Gather all financial paperwork, such as cheque books, bank statements, paying in books, credit card details, building society books, mortgage details and any cash. | | 8 | Locate life insurance policies and paperwork, such as membership forms, shares and stocks, bonds and pension information. | | 9 | Find all household bills including those that are unpaid. | | 10 | Collect together all tax records. At this stage do not dispose of things such as business related paperwork, tax records, wage slips etc. | | 11 | If the deceased person is a business owner you will need all paperwork relating to the business, including VAT records and accounts. | | 12 | Gather details of professional advisors, such as accountants, solicitors etc. | | 13 | Check if probate is needed. When someone dies, a person must deal with their estate by collecting in money owed, paying debts and dividing the estate. In probate, a legal document is issued to a person to allow them to do this. This document is known as a Grant of Representation. | | 14 | Complete a tax return if needed. | | 15 | With advice, consider inheritance tax issues. | | 16 | Pay off any outstanding debts. | | 17 | If you need to locate potential heirs or creditors then advertise in local/national papers. | | 18 | Distribute the contents of the will. | In summary, there are many responsibilities and obligations from being an Executor and it is a role to be taken seriously. In addition, administering an estate is complex and time-consuming and professional legal advice should be sought. If you require further information please complete the contact form or see our [Wills](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/) section. --- # Solicitors for the Elderly Source: https://www.cplaw.co.uk/insights/solicitors-for-the-elderly.md ### CP Law – specialist solicitors for the elderly At each stage in life, our needs and responsibilities change. At CP Law, our expert legal professionals are on hand to help you protect yourself, your family and your assets at every step along the way. We offer a comprehensive package of services for older and elderly people including the planning and execution of any [wills, trusts and estates](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/). You can also call on us for other legal services which may be needed at any time of life, such as [conveyancing](https://www.cplaw.co.uk/private-clients/residential-property/conveyancing-solicitors/) and [family](https://www.cplaw.co.uk/private-clients/family-law/) and [employment law](https://www.cplaw.co.uk/private-clients/employment-law/) matters. If you have any questions, please contact us today at our [Berkshire](https://www.cplaw.co.uk/cp-law-solicitors-wokingham/) or Surrey offices. ### Making your wishes heard Our primary goal as solicitors for the elderly is to ensure that your wishes are heard, your rights are protected and your families are supported. By creating legally enforceable documents, such as a Will or an LPA ([lasting power of attorney](https://www.cplaw.co.uk/private-clients/powers-of-attorney/lasting-powers-of-attorney/)), you ensure that your wishes will be respected, even when you are no longer able to articulate them yourself. Just as a Will lets you choose who will make decisions about your estate after your death, an LPA lets you choose who will make decisions for you, should you be unable to make them yourself. ### Writing or updating your Will Creating a Will that expresses your wishes and protects your family is quick and simple. No one likes to imagine their family struggling to carry on without them, but we can all ease our loved ones’ struggle by making our wishes clearly known. A properly written Will can save a great deal of time, money and stress. We provide ongoing support to our clients to allow them to update their Wills regularly to reflect changes in circumstances. ### Financial planning, trusts and your estate As we get older the focus of our planning shifts. At CP Law, we understand the needs of our older and elderly clients. As solicitors, we are able to create legally binding agreements that will protect you and your loved ones throughout potentially difficult times. For example, we may create a trust that will support you or a loved one dealing with dementia or another deteriorating condition. ### Support for married and unmarried couples Many people assume that being married is all the protection they and their partner need but this is not the case. Both married and unmarried couples need to make an LPA if they want their spouse or partner to be able to act for them in an emergency. An LPA gives you the opportunity to select a decision maker to act on your behalf if you are incapacitated. Your chosen representative will only step in if you are unable to make decisions yourself. Without an LPA, the government will select a decision maker. ### Probate and support for your family At CP Law, our probate services provide expert support at a time when your family will need it the most. Dealing with the loss of a loved one is hard enough without having to worry about the legal details. We offer probate services for our clients, including [acting as an executor](https://www.cplaw.co.uk/insights/guide-to-role-of-an-executor/) and offering legal advice to your family should it be required. Growing older sadly doesn’t exempt us from day-to-day strife. As expert solicitors based in Berkshire and Surrey, we act for our clients in a wide range of matters from conveyancing, leasehold extensions and Will writing. If you’re struggling with where to begin when it comes to writing your will, read our [guide to making a will](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/guide-to-making-a-will/) for helpful tips and useful knowledge. ### Care Funding It is becoming increasingly common that as we get older we require additional care, whether in our own homes or a care home. At CP Law we ensure wishes are respected and adequate care is received should there come a time when our clients are no longer physically or mentally able to make such decisions. Appointing an LPA provides clients with peace of mind that someone you trust will act on your behalf. Not having an LPA can make decisions concerning the type and quality of care received difficult. As specialist solicitors with over 40 years’ experience we can inform and provide you and your relative with the necessary information to prepare for such occasion. If you have any questions regarding care funding, please contact us today at our Berkshire or Surrey offices. --- # Lasting Power of Attorney Source: https://www.cplaw.co.uk/insights/lasting-power-of-attorney.md There has never been a more important time to consider entering into these incredibly valuable documents. I hold them in very high regard as I often see what occurs in the absence of these instruments. Everyone who owns assets should have these along with Wills. ### Alzheimer’s and dementia Over the last 2 years, I have seen a noticeable escalation of family members that come to me whose loved ones are suffering from these terrible conditions. Often they ask whether we can organise a Lasting Power of Attorney but, after speaking with the one who this document is concerned with, it is too late as capacity has been lost. As such, we have to consider to the Court of Protection route; a difficult and costly path. ### What is available? There are two documents available: - Lasting Power of Attorney for Property and Financial Affairs; - Lasting Power of Attorney for Health and Welfare. Both these documents are as valuable as each other and really do assist when dealing with someone’s affairs or, indeed, their welfare. ### Important considerations - Your attorneys can be the same for both documents. If you have more than one attorney appointed, then consider how they are to act; - Whether replacement attorneys are needed; - You will need a certificate provider; - Remember, the documents deal with separate issues and are not interlinked for their respective purposes; - Both documents need to be registered with the court (known as the Office of the Public Guardian); - They must be drafted VERY carefully. Simply naming attorneys may not be enough. You may have to, at some length, include certain provisions within the documents themselves to ensure that most circumstances are considered; - They are JUST AS IMPORTANT as a Will. These documents should not be underestimated. Ensure you seek the appropriate advice when dealing with these documents. A poorly drafted and ill considered document could cause a number of problems. If you wish to discuss this further, then please do get in touch. --- # Guide to Children and Going to Court Source: https://www.cplaw.co.uk/insights/guide-to-children-and-going-to-court.md ### The Law The Children Act 1989 says that the child’s welfare is the most important consideration. The old word ‘access’ has been replaced by contact. This can refer to contact by letter, phone and actual visits. ‘Custody’ has been replaced by residence. The Act describes parental responsibility rather than parents’ rights. If you were married when the child was born, both of you will have parental responsibility for the child. A father who was not married to the child’s mother when the child was born, will not automatically have parental responsibility for that child, but can acquire it by agreement with the child’s mother or by applying to the court. He can also acquire it by marrying the child’s mother after the birth. A parent has financial responsibility for the child until he reaches the age of 17 or leaves full-time education, whichever is the later. There is no end to providing financial support between parents and children. This is the law. A child’s father (or mother) is obliged to pay for this support whether or not there is any contact between him and his child. ### Going to Court In order to get the Court to intervene one party has to complete a form (currently C100 and C1A if applicable), pay a fee and specifically ask the court to decide on matters in relation to the children. Matters relating to children can be brought before a Court at any time and nothing is final because the Courts will always decide any particular issue on the basis of what is in the particular child’s best interests at that particular time. ### Applications to Court When the Court receives the application it will send a copy of the application to the respondent (the person who would oppose the application). It will also send a notice of a “Directions Hearing” which is an appointment at which the parties are expected to attend and at which the Court will decide what steps need to be carried out before the case is heard fully by a Judge. ### CAFCASS and the Court Welfare Report In most courts, it is a matter of routine for the parties to meet with a CAFCASS Officer (CAFCASS stands for Children and Family Court Advisory and Support Service, who are an independent body who attempt to assist in reaching agreement about children and who advise the Court). The meeting is confidential and is to see if agreement can be reached. If not, then the “Directions Hearing” is held when the Court considers what should be done next. This is normally quite informal and the Judge will simply be trying to establish what the issues are. In the majority of cases the Court will order each party to file a statement within a specified period of time. These statements will set out the history of the matter, explain what each party wants from the Court and why. It is normal practice for the Judge to also request a CAFCASS (court welfare) report. This can be a lengthy document and is only drawn up after he meets the parents and children. He can also check whether their schools, doctors, social service or police have any concerns. The CAFCASS Officer will be given all the Court papers and meet with all the relevant parties including the children. They will then prepare and file a CAFCASS report with the Court. The CAFCASS Court Welfare Report is very important as the court attaches great weight to it. Although it has the power to depart from the recommendations it will only do so if there is good reason. In practice most reports will recommend that the children see both parents on a regular basis. ### Final Hearing If no agreement is reached, a hearing would be arranged for perhaps three to six months later and the Judge would then deliver his decision which is often in agreement with the welfare report’s recommendations. He could also delay his decision for a further period of time and order another hearing in the hope of agreement. [Visit our page on children for more information](https://www.cplaw.co.uk/private-clients/family-law/children/). --- # How and when should you update your Will? Source: https://www.cplaw.co.uk/insights/how-and-when-should-you-update-your-will.md **Having a Will in place gives most people great peace of mind, but it is important to review the document from time to time to ensure that it still reflects your wishes.** You may decide that you want to distribute your estate in a different way or appoint someone else to act as your executor or as guardian to your children if their circumstances have changed. It is generally recommended that you review your Will at least once every five years, as well as in the event of certain life events, to include the following: ### Buying property For most people, property is their biggest asset. When buying, it is a good idea to decide what you would like to happen to the property in the future. This will also have a bearing on the way in which you buy a jointly owned property. For example, if you own it with someone as joint tenants, it will automatically be owned by them, should anything happen to you. However, if you own it as tenants in common, then you are free to leave your share of the property to someone else in your Will. You can choose to leave the other owner a life interest in the property, meaning they can live there for as long as they wish, but once they no longer need it, your share will pass to your choice of beneficiary. ### Entering into marriage or a civil partnership When you marry or enter into a civil partnership, your Will automatically becomes invalid, unless it specifically states that it is being written in contemplation of the marriage or civil partnership. This means that unless you put a new Will in place, your estate would pass under the Rules of Intestacy. ### Having children Many people choose to review their Will on the birth of a child, to ensure that they will be provided for in the future. Your Will is also your opportunity to appoint your choice of guardian for your child. Without a legally appointed guardian, it would be up to the court to decide who will care for your children, should anything happen to you and their other parent. ### The death of someone named in your Will If someone appointed in your Will as an executor, trustee or guardian dies, you should review whether you need to appoint someone else in their place. This is important if your Will does not name anyone as a reserve appointee. If a beneficiary dies, you may also want to have a new Will written, making alternative provisions for the gift they were to receive. ### Getting divorced or dissolving a civil partnership On divorce or the dissolution of a civil partnership, your former spouse or partner will no longer inherit anything you may have left them in your Will. This can mean that part or all of your estate would be intestate, or without an heir, and would pass under the Rules of Intestacy. ### Changes in your financial situation A substantial change in your financial circumstances can mean that your Will might need revising to ensure that those whom you want to support will still be provided for. Your estate will pay out specified gifts first, such as ‘£5,000 to X’, then once all of these have been paid, the residue will be shared out. This means that if the amount in your estate falls, your residuary beneficiaries could end up with less than those receiving specific gifts. ### Changes in legislation From time to time, the law changes in respect of issues such as Inheritance Tax and the amount that can be given by way of tax-free gifts. It may be advantageous to review your Will in the light of any changes to ensure that your estate is structured in the most tax efficient way possible. If you would like to speak to one of our expert private client solicitors, ring us on **0345 241 3100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # Family mediation vouchers extended Source: https://www.cplaw.co.uk/insights/family-mediation-vouchers-extended.md **Thousands more parents facing separation are to benefit from an extension of the government’s family mediation scheme.** The government has announced that an extra £1.3 million is to be added to its family mediation scheme with the aim of helping more couples settle disputes without using the courts. ### Introduction of the family mediation voucher scheme The scheme was introduced in March 2021 with initial funding of £1 million. It provides mediation vouchers to couples with children who are separating and who need help resolving disputes over arrangements for their children and their financial issues. In June, an additional £800,000 was added to the scheme and to date some 4,400 vouchers, each worth £500, have been used. The Ministry of Justice says that 77% of clients using the scheme have achieved full or partial settlement. Nearly half said that they would not have considered mediation if vouchers had not been available. When a couple are in disagreement over issues relating to their children and cannot reach a negotiated agreement, they will generally be required to attend a Mediation Information and Assessment Meeting, or MIAM. This is a meeting with a mediator at which you will be able to outline your situation. The mediator will explain the mediation process to you as well as any other available options, and at the end of the meeting will tell you whether or not your case is suitable for mediation. The mediator will also discuss the voucher scheme with you if your case is likely to be eligible. ### The benefits of mediation Mediation has numerous benefits, particularly when dealing with disputes relating to children. In fact, in almost all cases, couples will not be granted access to the courts until they have at least considered mediation by attending a MIAM. Mediation is generally a much quicker process than litigation, particularly if the family courts have a backlog of cases. Unlike court, a decision will not be imposed upon you following mediation. Instead, a neutral mediator will work with you and your child’s other parent to help you understand the options available to you and to see whether you can reach a compromise agreement. Any decision must be agreed upon by both of you. This approach helps parents to work together in the best interests of their children and can promote a better relationship going forward. This is clearly a big advantage as parents will need to continue to parent their children together and where they have managed to agree on how this will be done, it will reduce friction and make it more likely that both parents will adhere to the terms of the agreement. **Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice, Dominic Raab said:** > “I want to see children and their parents spared the stress and conflict of the courtroom as much as possible, and I’m delighted that thousands more will now have the opportunity to resolve their disputes in less combative way. > “At the same time, it will free up vital capacity in the family courts to ensure the system can recover quickly from the pandemic.” **Law Society of England and Wales president I. Stephanie Boyce said:** > “The government’s continued commitment to invest in the family mediation voucher scheme to help minimise conflict between separating couples is good news. > “Steps to address the backlog in the family court system are helpful. However, data shows a straight line between the removal of private family proceedings from the scope of legal aid funding and a reduction in mediations. > “We have repeatedly said early legal advice for family law cases – cut by the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) in 2013 – should be restored. > “By restoring early legal advice for family law cases, fewer cases will go to court. Instead, there will be negotiated settlement, referral to mediation and management of client expectations. > “Solicitors are best placed to assess all alternative dispute resolution (ADR) options with their clients, and to keep them out of court where possible and desirable. We look forward to continuing to work with the FMC, MoJ and our family mediation members to evaluate the scheme.” If you are looking for advice around family matters, speak to one of our expert family law solicitors, ring us on **0345 241 3100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # 78% of those retiring are failing to seek professional advice Source: https://www.cplaw.co.uk/insights/78-of-those-retiring-are-failing-to-seek-professional-advice.md **Global investment company abrdn have conducted a survey that found that almost four out of five people taking retirement are not seeking professional advice in respect of their financial plans.** The survey questioned 2,000 retirees in the UK, finding that 78% have not taken any professional advice from finance experts as to how to manage their retirement. Nearly half (48%) also said that they were concerned about running out of money in retirement. Three in ten (31%) said that their reason for failing to seek advice was because of the potential cost, while 19% said that it was because they believed that professional advice only benefitted the wealthy. 16% said that they simply couldn’t be bothered to put in the necessary time and effort to seek advice, with 9% saying that their lack of experience was holding them back. ### Differences between genders in seeking retirement financial advice The abrdn study also found a gender gap, with only 19% of women having spoken to a professional financial adviser as opposed to 25% of men. Women were also less likely to contact their pensions adviser to ask questions (9%) than men (15%). Women were more likely to ask their partner, friends or family for advice (8%) than men (6%), but less likely to search online for advice (6%) than men (10%). ### Regional variations As well as gender differences, the research also uncovered a disparity between regions, with those in the East Midlands the most likely to have taken professional financial advice in respect of their retirement plans (28%), followed by those in the North West (24%) and the South East (23%). Those least likely to ask for professional help were in Wales (16%) and the North East (17%). ### The importance of expert help Financial planning expert at abrdn, Shone Lowe, said, > “It’s alarming to see gender disparity and regional variations when it comes to seeing who is seeking advice on their retirement. As an industry we have a duty to change this by making advice accessible and demonstrating its value.” Advice from a pensions expert can be key in maximising the benefits of your pension fund. As well as seeking advice in respect of retirement planning, it is also advisable to ensure that you have a valid Will in place and that your estate is structured in a way that protects your assets for future generations. If you would like to speak to one of our expert private client solicitors, ring us on **0345 241 3100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # What decisions can you make if you have parental responsibility? Source: https://www.cplaw.co.uk/insights/what-decisions-can-you-make-if-you-have-parental-responsibility.md **Parental responsibility gives certain individuals rights and obligations in respect of a child. It is generally held by most parents and can also be given to others in certain circumstances.** Those who have parental responsibility need to ensure that the child in their care has their needs met, to include: - Providing a safe home for the child - Protecting the child’s welfare and maintaining them - Caring for the child’s property - Making decisions on the child’s behalf ### Who has parental responsibility? A child’s birth mother automatically has parental responsibility. Fathers who are married to the mother at the time of the birth are granted parental responsibility as are unmarried fathers who are named on the birth certificate. If you do not have parental responsibility, this can be granted to you. If the child’s mother agrees, you can both sign a voluntary parental responsibility agreement. Where the child’s mother does not agree, you can ask the court to make a parental responsibility order. If you are a child’s step parent or same sex parent, it is also open to you to ask the court for parental responsibility. ### Parental responsibility decisions that you must agree upon together Where more than one person has parental responsibility for a child, then you must both or all agree upon certain decisions and notify the other parent if you wish to take action in respect of these decisions. These issues are: - Where a child will live - Which school a child will attend - What medical treatment a child will have, including stopping prescribed medication - Changing the child’s name - What religion, if any, the child will follow - Whether the child can go overseas on holiday - Relocation ### Decisions where you need to notify other individuals with parental responsibility You should notify anyone who holds parental responsibility about the following decisions: - Emergency medical treatment - Taking the child on holiday while they are in your care (in any event, holidays should be dealt with in accordance with any previous agreement or child arrangements order) - Where there will be changes to the people living in your home - Moving home (where this will involve a change of school or spending time with other people, you will need anyone with parental responsibility to agree) - Planned doctor’s appointments ### Decisions where you do not need to consult those with parental responsibility As an individual with parental responsibility, you can take certain everyday decisions without the need to advise the child’s other parent. This includes in respect of: - Routine activities - Basic discipline - Attending parents’ evenings and other school functions - Religious services or events - Routine medical and dental appointments ### Dealing with disputes If you and your child’s other parent cannot agree on certain issues or you need help putting a parenting plan or child arrangements order in place, you are highly recommended to seek legal advice. A solicitor will be able to advise you of your rights and options and can help you negotiate a solution without the need for a court hearing. Where difficulties cannot be dealt with in this way, your solicitor will be able to guide and represent you through mediation to try and resolve matters. If you are looking for advice around family matters, speak to one of our expert family law solicitors, ring us on **0345 241 3100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # Travelling Abroad as a separated Parent or unaccompanied child Source: https://www.cplaw.co.uk/insights/travelling-abroad-as-a-separated-parent-or-unaccompanied-child.md As the summer holidays are in full swing and people are able to go abroad again, have you considered what may happen if you travel abroad with your child and you are stopped at departures and asked do you have permission to take your child on holiday by all that have parental responsibility? If you have a child arrangements order in your favour that names you as the parent your child lives with then by law you are able to take them abroad for up to one month or for such period as the court has granted you specific consent to travel on that holiday. In order to avoid possible hold-ups at passport control then it’s good practice to have a copy of the Child Arrangements Order/Court Order with you. ### What is Parental Responsibility? Parental responsibility sets out all the rights, duties and responsibilities one holds as a parent towards their child. Parental responsibility enables each parent to have equal say in choosing their child’s education, naming their child and agreeing to medical treatment among others. Mothers acquire parental responsibility following the birth of a child. Fathers acquire parental responsibility if they were married to the child’s mother at the time of birth or are named on the child’s birth certificate. Even parents with parental responsibility should obtain each other’s consent to travel abroad with their children. It would be wise to travel with a letter from the other parent or people with parental responsibility providing this consent. It would also be sensible to take this step even if the child’s father does not have PR (i.e. father was not married to the mother at the time of birth or not named on the birth certificate). If you have a different surname to that of the child or have adopted a child you should travel with a copy of your child’s adoption/birth certificate which names you as their parent. If there has been a name change then again have a copy of that with you too when travelling. ### Children Travelling Alone If your child is travelling abroad unaccompanied to visit family, or friends or go on holiday with friends then different countries have different rules but most countries require a consent form for entry of unaccompanied children. You should check the rules for the country travelling to and from. Some airlines do operate unaccompanied minor schemes but will require parental permission up to their respective mandatory age requirement. Check the rules with the airline even if your child is over 16 but under 18 airlines have different policies so do check before travelling. We at CP Law Solicitors can assist you with obtaining permission for you to take your child abroad whether that be by way of liaising with the other parent, applying to the court for an order allowing you to travel abroad with your child or writing letters on your behalf for granting permission to travel abroad with the child and asking the other parent to sign. For further information please call the family department on **0345 241 3100**, email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) or visit [www.cplaw.co.uk](https://www.cplaw.co.uk/) and follow us on Twitter, Facebook and Instagram. --- # Financial Proceedings upon Divorce Source: https://www.cplaw.co.uk/insights/financial-proceedings-upon-divorce.md **Either spouse can begin financial proceedings once divorce proceedings have been initiated. This is both in respect of a divorce on marriage civil partnership dissolution or proceedings for judicial separation.** A financial order cannot be approved until the first stage of the divorce under new rules known as the conditional order has been granted or known as the decree nisi if divorce proceedings were issued before 6th April 2022. It is standard practice to wait until the financial order has been finalised before applying for the final stage of the divorce, the final divorce order as it is known under the new rules or decree absolute if divorce proceedings issued before 6th April 2022, as the existence of the divorce may affect pension rights, tax and inheritance. If an agreement cannot be reached between the parties without court proceedings, one party will have to apply to the court to resolve the financial matters. This does not mean that a settlement cannot be reached at a later stage as an agreement between the parties can occur at any time before a decision is made by a judge at the conclusion of the proceedings known as the final hearing. The majority of cases are settled usually by agreement at an earlier stage and before either party can issue court proceedings in respect of financial matters, that party must attend a mediation information and assessment meeting, which is known as a “MIAM”. At this meeting, the mediator explains the benefits of mediation. The mediator will also make an initial assessment as to the suitability of the case for mediation. There are some exemptions for needing to attend mediation which include domestic abuse. Once a party issues financial proceedings at court, a timetable will be put in place for each party to provide details of their financial positions together with supporting documentary evidence, along with a date for the first directions hearing. This application form is known as a Form A and will incur a court fee. The proceedings will be allocated to a local Family Court, or to the Central Family Court in London. If there are significant assets and complexity, the financial proceedings might then be transferred to the High Court and dealt with by a High Court Judge. ### First Hearing known as First Appointment (FA) The first hearing is known as a first appointment (FA) and should ordinarily be heard between 12 and 16 weeks from the date of lodging the Form A. The FA is a short hearing designed to make sure that the court has sufficient evidence in order to determine the matter and move the case forward. No final order will be made by the judge at this hearing, but the parties are expected to attend. Before the first appointment, the parties are required to provide full and frank disclosure and raise any queries in respect of the others disclosure. Both parties will produce a financial statement known as a form E at least 35 days before the first appointment. The parties’ relevant financial documents must accompany the form E and these include 12 months of statements for each bank account they hold or have an interest, mortgage statements, pension’s valuations, share certificates, P60, 3 months’ payslips and; 2 years of Tax Returns and business accounts, if applicable. The parties exchange these documents and raise any further questions they may have. Whilst the disclosure process cannot be avoided, if all matters relating to the further questions can be agreed prior to the first appointment, then attendance at court for the first appointment could be used more effectively and could become the next hearing known as the Financial Dispute Resolution (FDR) Should the hearing be a FA, at the hearing the court will also list the case for a second hearing known as a financial dispute resolution hearing, commonly referred as an FDR, 4 to 6 months later. After the FA, and prior to the FDR, the parties will answer the other’s questions raised on their disclosure. By the date of the FDR, all of the relevant information as regards to the income, assets and liabilities should be clear so that the judge can provide an opinion as to the likely outcome of the proceedings. ### FDR Both parties must attend the FDR. It will take place at court and the hearing is designed to encourage the parties to settle. The judge will not make findings of fact in respect of any disputed issues or allegations or make any final order without the agreement of both parties. The parties engage in negotiations throughout the day and generally is an effective process and most cases are settled at, or shortly after, this hearing. If an agreement is reached, it is drafted into a court order known as a consent order which is signed by the parties and sent to the court to be approved. Once it is sealed by the court the financial proceedings are concluded; the order is legally binding and can be enforced if one party does not comply with its terms. ### Final Hearing If the financial proceedings are not settled at the FDR, the court will list the proceedings for a final hearing. This is usually listed to be heard approximately 6 to 9 months after the FDR. The court will also make further directions setting out any additional evidence required, and what is required for preparation of the hear generally. If the financial proceedings require a final hearing, the judge will hear all of the evidence before making a decision on the matter. If the parties are able to be sensible and willing to compromise on matters between themselves rather than leave it to a judge to decide, this is often a better option as it’s an agreement they can live with and not a decision imposed on them by the court. The length of the final hearing will generally depend on its complexity and issues. It will normally take place over 2 to 5 days. This will have a significant impact on the legal costs incurred by both parties, and the legal costs increase as the case progresses so settling matters between them at an earlier stage will reduce the substantial legal fees likely if the matter proceeds to the final hearing. Reaching settlement sooner rather than later is key to resolving matters quickly and most cost effectively. We have a team of specialist family lawyers that can help you with the divorce, finances, children and any other family law issues that may need to be resolved as you progress through the divorce. For further information please call the family department on **0345 241 3100**, email us on [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) or visit [www.cplaw.co.uk](https://www.cplaw.co.uk/) and follow us on twitter, Facebook and Instagram --- # Post Death Variations of an Estate Source: https://www.cplaw.co.uk/insights/post-death-variations-of-an-estate.md There are occasions when dealing with an estate where a post death variation is required. There are a number of reasons for this but the most common ones are as follows: - The wishes of the deceased have not been fulfilled as they may have died before changing their Will; - The beneficiaries wish to make gifts from the funds they receive from the estate and so, don’t want those gifts to impact their own estate; or - There may be a trust in the deceased’s Will which is not tax efficient for inheritance tax purposes or indeed, is no longer required. ### Considerations when varying an estate post death When exercising post death variations, here are some factors to keep in mind. - There is a 2 year window from the date of death to exercise any variation; - If you fall outside the 2 year window, then the law is clear in that such a variation will be prohibited; - Post death variations can often be enacted by a Deed of Variation which is particularly useful when a beneficiary wants to redirect their inheritance (in whole or part) to, say, a grandchild of the deceased; - When collapsing a trust, make sure it is the right thing to do and work through it with a qualified person. Often, care planning needs to be considered and so bethis in mind; - A beneficiary can disclaim their inheritance completely which means that they waive all entitlement to it. This can be done via a disclaimer although The Law Society’s guidance on this suggests you look to a Deed of Variation first; and - As there is a large element of tax mitigation in a post death variation, make sure you seek the appropriate advice. ### Updated Will Post death variations should not be relied upon as it may not always be possible to enact the variation. Therefore, it is important that your Will is up to date. ### Summary Post death variations can be useful and are an important mechanism should the need arise. If you have any questions regarding this area of law, which commonly falls within “Probate”, then please feel free to get in touch. My contact details are as below. --- # Woman wins right to remain in former partner’s home Source: https://www.cplaw.co.uk/insights/woman-wins-right-to-remain-in-former-partners-home.md **On May 3rd 2013, Pauline Greaves won the right to remain in her deceased partner’s home (Leslie Stolkin) despite a legal challenge from his son.** The case involved Leslie Stolkin, a wealthy property developer, and Pauline Greaves, who were not married but had lived together for 12 years. Leslie died in September 2009 after having become seriously ill with Motor Neurone Disease. Years earlier he had made a will leaving all his estate to his son, Gary. The will didn’t leave anything to Pauline. He did, however, leave a letter of wishes requesting that she receive regular maintenance payments from his estate after his death. However, Leslie later added notes to the will saying that in the event of his death, his partner was to receive £1,000 a month from his estate and be allowed to continue living in the home they shared. When she died, the house would then pass to Gary. Leslie then became seriously ill and during his last few months in hospital, with the assistance of solicitors, he executed a codicil (a legal amendment to a will) leaving an annuity of £12,000, a car and a life interest in his home to Pauline. The solicitor attended Leslie in hospital and made sure he fully understood what he was doing. The codicil was then executed in the correct way. When Leslie died, his son challenged the codicil. He claimed his father had lacked testamentary capacity – that is, the clarity of mind needed to fully understand what he was doing when altering the terms of his Will. Two medical experts gave evidence, however, they disagreed with each other as to Leslie’s capacity at the time the codicil was executed. Dr Andrew Barker considered the deceased had capacity, whilst Professor Hodgkinson thought that his “cognitive impairment, depression, lack of mental energy and ability to concentrate” had caused him to accept and sign the document passively. Mr Justice Newy said that the Court should be reluctant to allow a challenge to a Will based on lack of mental capacity where a Will has been drafted by an experienced independent lawyer. The court therefore rejected the son’s claims and upheld the revised Will. The fact that the Will had been prepared by an independent solicitor made it difficult to challenge its validity. Please contact us if you would like more information about the issues raised in this article or any aspect of Wills and probate. Visit our residential property law solicitors page today! --- # Why you need a will and how to start one Source: https://www.cplaw.co.uk/insights/why-you-need-a-will-and-how-to-start-one.md ### What are the benefits of having a will? **A will settles future arguments** Bereavement is a stressful time for people and when it comes to what to do with your effects, you will want to reduce the number of decisions that your beneficiaries would need to make. If you know that certain items, such as your home or any antiques, are likely to cause an argument over what should happen to them on your death, consider making a clear path for them in your will to avoid this. Other arguments settled can be on the subject of your end of life care (through a living will) and burial arrangements. **Makes the process simpler** If you have a will, there will be less work involved for your executor(s), which means that it will all be settled a lot sooner and will cause less stress for your loved ones, while they are dealing with bereavement. **Provides care for your dependents** If you have dependents, such as children (or even pets), you will be able to appoint legal guardians for them through your will. This way, you can make sure that the people or person you trust the most to take care of them will be the one or ones with whom your dependents will be living. Without a will, they may go to someone who may not be who you intended or spend time in foster care while it is all sorted out. **Protects vulnerable beneficiaries** If one of your beneficiaries is vulnerable, either through their age or health, you will be able to state what would happen to their portion of the estate and set up the care required for them to have a stable life. **Can help reduce inheritance tax** Proper planning, such as giving money to charity in your will as mentioned later in this article, can reduce the amount of inheritance tax you will need to pay. You can leave the first £325,000 of your estate to someone tax-free but if your estate includes a property, there is an extra allowance for this when it is passed onto a direct descendant. Married couples are also allowed to pass on the unused proportion of the allowance onto their spouse when they pass on and their estate is inherited by someone else, to reduce the amount of tax paid. This means that if they only used the first 50% of the allowance (known as the nil-rate band), an extra 50% would be available to use for the surviving spouse’s estate when they pass. You will also be able to leave a large amount of your estate, such as property or assets, to your spouse or civil partner tax-free so you should consider doing this as well. A life insurance policy that goes into trust could also be used to help pay for fees, such as bills or the mortgage on the family home, but will not be included for the purposes of calculating inheritance tax. The process for this is complicated and so it is always best to seek legal and financial advice before finalising any plans, as if it is not done correctly, it will be subject to tax. **Protects unmarried couples who may not inherit through intestacy rules** If you have a partner but you are not married nor in a civil partnership, your partner may not automatically inherit your estate the way that married couples would. Having a will would give them that layer of protection and would enable them to inherit a portion or all of your estate, without having to go through court proceedings. If you are not married, but own a property with someone as ‘tenants in common’, your co-owner would not automatically inherit your portion of the property without a will. Your portion of the property would go to your relatives and could potentially result in the house being sold in order for them to gain the monetary value of their inheritance, leaving your partner looking for a new place to live or trying to find the money to buy the relatives out. **Enables you to support causes that matter to you** If you want to give back at the end of your life, leaving a gift in your will for a charity can be a great way to do this. You can choose to leave a specified amount (pecuniary), a particular item such as property or shares (specific), or the whole or part of what remains of the estate, after other parts of the inheritance and costs have been paid (residuary). Another benefit of leaving money to charity is that it can reduce the amount of Inheritance Tax you will need to pay, as the money left to the charity will not be included in the amount that is taxed. If you leave 10% or more of the money remaining after the nil-rate band amount, you will see a reduction in Inheritance Tax from 40% to 36%. **States clearly how your remains will be settled** If you have a particular preference for how your remains should be dealt with upon your demise, you can state this in your will and it shall be followed as closely as humanly possible. Depending on your budget, there are plenty of options available, from an eco-friendly cardboard box burial to cremation with a tasteful urn or plaque, to being turned into a diamond that can be worn by a person of your choice as jewellery. **Helps you to leave an inheritance to those outside the family** Without a will, your estate would normally go to your spouse or closest living relative, which means that any friends to whom you would want to leave a gift would not be able to inherit. Having a will would enable you to leave them a gift or your entire estate should you wish to do so. ### Things to remember **You must provide reasonable care** If there is someone living with you or who is directly benefitting from you financially while you are alive and you do not provide for them in your will, they may be able to challenge your will. Making sure you know what level of care you will be obligated to provide and setting aside a provision for this in your will should make this easier when the time comes. **Who you will make your executor** [Being an executor](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/probate-estate-administration/) is an important job and can be complicated, depending on that person’s knowledge of the law and your current state of affairs. Professional executors can be used and this is sometimes simpler but if you are going to appoint someone you know, perhaps a loved one or a trusted friend, make sure that they can handle this responsibility and consider having joint executors – a friend or loved one and a professional executor. If you are going to use a friend or loved one, discuss this with them first, as they may not feel that they are up to handling the responsibility that you would be giving them. **Witnesses cannot be beneficiaries** You will need witnesses for signing your will to make it a binding document but you cannot have someone who will benefit from the will as a witness, as they would lose their gift in the will. This also applies if the witness is married to a beneficiary – they will lose their gift. **Keep your will somewhere safe** Your will can be kept in a variety of locations, such as your solicitor’s office, a safety deposit box or anywhere you deem to be safe. Just be aware that it will need to be somewhere that your executor will be able to get hold of it easily, so if it is hidden away, make sure that they know where it is or the process will be delayed. **Wills can be changed at any time** Should your circumstances change, through marriage, divorce, births, deaths or ties being cut, for example, you may wish to change your will. This can be done as many times as you like, so long as it is completed officially and you are of sound mind. **Old wills must be destroyed to avoid confusion** If you decide to change your will, you will need to destroy your old one(s), as having them around can delay the process while your executor(s) try to work out which of the wills is the most recent. If there is only one will in existence at a time, this will also mean that there is no chance of the wrong will being used, if it was the first one found. **Costs can vary** Costs can vary based on the level of service you require. A simpler estate may gain a lower fee than a more complex one, and there will also be different costs involved for whether you include executor fees in your purchase. **Include a chain of inheritance, should your beneficiaries predecease you** It is nearly impossible to know how or when exactly we will die so you can’t always be sure that someone you are leaving a gift to in your will is going to survive you. Just in case one or more of your beneficiaries predecease you, you can choose who to leave that portion of the estate to instead. You may decide to leave it to their descendants, to be redistributed between the remaining beneficiaries or you can state that you would like it to go to someone entirely different. You should also consider who will inherit their estate when they die, as you may not want that person or people to inherit the remains of your estate when your beneficiary eventually dies. **Everything will be valued** All of your possessions, including property down to the smallest items in your cupboard, may need to be valued to ensure that your estate will be taxed appropriately. The more organised your belongings are prior to this process, the simpler it will be. ### How to start a will Based on the points above, start thinking about where you would like your assets to go. Consider who you will need to support and how you would like your remains to be dealt with after your passing. There are various starter packs available online and through different charities (usually if you are planning to leave them a gift in your will) but it is always a good idea to get legal advice before finalising any documents. At CP Law, we will be happy to speak with you to go through your requirements and our services to make the process as simple for you and your beneficiaries as possible. Visit our local solicitors for wills page today! --- # Can I draft my own Will? Source: https://www.cplaw.co.uk/insights/can-i-draft-my-own-will.md **It is perfectly legal to draw up your own Will, but unfortunately, it is not an easy process. Errors can have far-reaching effects, resulting in family estrangements and lengthy and expensive legal battles.** A Will has to be drafted and executed in a specific way in order to be legally valid. It can be difficult to avoid ambiguity or to state clearly and in the correct terminology exactly what should happen to your assets after your death. ### Points to consider when drafting a Will Firstly, it must be clear that the document is a last Will and testament and include the full name and address of the person executing it. One or more [executors should be chosen and appointed](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/probate-estate-administration/), ideally with them being aware of this and having consented in advance. Beneficiaries should be listed, together with the assets they are to receive. In some cases, it may be better to leave lump-sum gifts rather than a share in the residuary estate, and this is something that should be carefully considered. If your residuary estate is far less than you anticipate, this could result in someone receiving much less than you wanted or they were expecting. You should appoint a guardian for any minor children and trustees for any trust that you intend to set up along with details of assets to be transferred to the trust. Correct execution of a Will is essential, with witnesses also signing. In addition, it is essential that you have the capacity to make a Will. ### Challenges to Wills Recent figures show a steady increase in court cases where the families of the deceased are challenging their Will. As well as creating a rift between people, this can result in the money left in any Will being swallowed up in legal expenses. Ambiguity in the drafting of a Will is particularly risky. Where someone feels that there is a possibility they might be entitled to receive an asset, they will be more likely to bring a legal case than if the Will made clear it was not being left to them. ### Avoiding disputes over a Will Emotions run high after someone’s death and people can easily feel slighted or left out. A well-drafted Will that has been discussed beforehand with friends and relatives will go a long way to avoiding the stress and cost of a legal dispute. By speaking to an expert who can explain the implications of your Will and also assist with any future planning, for example regarding tax or trusts, you can be as certain as possible that your assets will be passed on as you wish. The cost of a professionally drafted Will is very small in comparison with a legal dispute. To speak to one of our expert Will lawyers, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # Helping your children cope with divorce or separation Source: https://www.cplaw.co.uk/insights/helping-your-children-cope-with-divorce-or-separation.md **For many parents, the hardest part of the divorce process is the effect it has on their children. We look at how you can help them come to terms with a new situation.** In 2012 the Office for National Statistics estimated that 42 percent of marriages would end in divorce. With children affected by many of these splits, we look at how best to help them cope. ### Breaking the news If possible, both parents should be present for this. Have an idea of what you will say and try your hardest to leave any anger or blame out of the conversation. The most important messages to get across are firstly that it is not the child’s fault and secondly that both parents still love them and will still always be around for them. ### Dealing with their reactions Whatever your children’s reactions, stay calm, be patient and try to understand their point of view. Let them talk as much as they need to and listen to what they say, even if it becomes repetitive. Answer their questions as best you can, but avoid saying anything negative about their other parent, however badly you might feel they have behaved. Try to reassure your children and give them as much information as you can about what will happen next. They are likely to feel anxious and insecure about the practical side of things as well as the emotional impact. For example, they will wonder where they will be living, whether they will be able to stay at their school and when they will see each parent. ### Moving forward It’s a good idea to try and keep to their normal routine as much as possible. Stick to any new schedule you agree with your ex as far as possible so that they know when they will be seeing each parent and which home they will be staying in. Whatever has happened in the past, it is important to try and parent together as calmly as possible. Keep the channels of communication open and discuss any issues as civilly as possible. The goal should always be putting the children and their wellbeing first. Continuing discord between parents can be harmful, whereas presenting a united front will help children come to terms with what has happened. If you do have to have difficult discussions, do it away from your children. Make sure your children know they can talk honestly to you about their feelings. Listen and let them know that you understand. At the same time, don’t be tempted to spoil them or let them behave badly without consequence. Ditching the rules won’t help them. They need to understand that while they can express themselves, there are still expectations around behaviour. If things become difficult for them, keep talking and, if necessary, find a professional who can help. If you would like to talk to an expert family lawyer, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # How is the money sorted out when getting divorced? Source: https://www.cplaw.co.uk/insights/how-is-the-money-sorted-out-when-getting-divorced.md **When you divorce, your financial affairs need to be dealt with as a separate process.** If you cannot come to an agreement with your ex, then you can ask a judge to settle the matter. This involves making a financial application to the court. Even if you do both agree on financial provision, the court can put this into a legally binding order, which will help prevent difficulties in the future should one party change their mind. There are a number of financial orders that the court can make, including a consent order, agreeing to division of assets, and a clean break order, where there are no assets to be split and the court can free the parties of any future claims over each other. Other orders can be made to deal with pension sharing, property, maintenance and lump-sum payments. There are a number of steps in obtaining a financial settlement, as follows: ### Mediation You will need to attend an initial Mediation Information Assessment Meeting by way of an introduction to the mediation process. This may help you reach an agreement with your ex. If not, you will be issued with form FM1 which should be attached to your application, confirming that you have tried the mediation route. ### Completing the application form The relevant form can be downloaded from the government website [HERE](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1092830/Form_A_0722_save.pdf). Known as Form A, it is the standard application for financial provision and is where you should detail your request, for example for maintenance or a share of any property. The form needs to be sent to the court together with two copies and the court fee of £255. ### Sending the application to your ex The court will open a case, allocate a number and return two copies of the financial application to you. One of these needs to be served on your ex. The court will also notify you of a hearing date and give you a list of any directions they may have including information they need you to provide. ### Providing financial information Both you and your ex will need to complete Form E, available [HERE](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/953463/form-e-eng.pdf), giving details of your finances. You should both send a copy to the court and to each other. The copy sent to your ex should also include supporting evidence, such as bank statements, credit card statements, payslips and investment information. You are then entitled to raise questions on your ex’s Form E and the court will also ask you to provide information such as dates of your birth, marriage, the births of any children and divorce as well as a list of any issues to be agreed. The matter will proceed to a first hearing, and from then on the court will schedule further hearings and requests for information as needed. If you would like to speak to one of our expert family lawyers about obtaining fair financial provision, ring us on **0345 2413100** or email address [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # What happens if we have children but are not married? Source: https://www.cplaw.co.uk/insights/what-happens-if-we-have-children-but-are-not-married.md **A couple who live together without being married are cohabiting.** There are legal provisions in place for the children of cohabiting couples, but without the legal framework of marriage there are no protections for the couple themselves. This means that someone who is cohabiting could be left in financial difficulties if a relationship breaks down. ### Cohabiting parents It is estimated that the number of cohabiting parents now equals the number of married parents, with the amount having increased by a third over the past decade. Despite this increase, there are no laws in place to give rights to those whose cohabitation has come to an end, even if they have been in a long relationship and raised children together. ### Children of cohabiting couples The law is concerned to make adequate provision for any children of a cohabiting couple. This means that the main carer may be given the right to live in the former family home until the youngest child reaches the age of 18, even if they don’t own the property. Once the child is 18, the property will revert to the person who owns it, meaning that the parent living there could potentially become homeless if they aren’t a registered owner. Maintenance is usually payable to the main carer, but again this is to provide for the children of the relationship and not intended for the partner. Mothers automatically have parental responsibility for their children, but fathers may not. If a father is not named on the birth certificate, then they don’t have parental responsibility. Parental responsibilitly gives a parent the right to a say in respect of healthcare, welfare and education of a child. It is open to unmarried fathers to apply to reregister a birth naming them as father, or alternatively to ask the court to make an order granting them parental responsibility. If one of a cohabiting couple dies, then the survivor won’t automatically inherit their estate. Similarly, if a mother dies leaving a father who does not have parental responsibility, he will not automatically be entitled to care for his child, which can make things difficult. ### How to protect your rights as a cohabitee It is possible to enter into a cohabitation agreement to safeguard your legal rights if you’re not married. This would give details of what you have agreed will happen with regard to your financial affairs both during the relationship and should you ever separate. If you would like to talk to one of our expert family lawyers, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Will and probate considerations for same sex couples Source: https://www.cplaw.co.uk/insights/will-and-probate-considerations-for-same-sex-couples.md **A large proportion of same-sex couples are neither married nor in a civil partnership, which can have implications when it comes to inheritance matters.** While the law treats everyone the same when it comes to [Wills and probate](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/), there are several considerations to take into account if you are in a relationship but are not married or in a civil partnership. Recent figures suggest that only 50% of same-sex couples have made their partnership official. If someone in this situation dies without putting a Will in place, then it is possible that their partner won’t inherit anything. ### A partner’s entitlement where there is no Will If someone dies without [making a Will](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/guide-to-making-a-will/), then their partner will automatically become the owner of any jointly held bank accounts. Where there is a jointly owned property, held by two people as joint tenants, then that property will also become solely owned by the survivor. (Note that if the method of joint ownership is not a joint tenancy, then the deceased’s share does not automatically pass to the other owner.) Otherwise, a partner who is neither married nor in a civil partnership is not entitled to receive anything, with the rules of intestacy meaning that the estate will pass to family members of the deceased. This includes any home that they may own jointly as tenants in common, meaning that their late partner’s share would then pass to family members, who might try to force a sale. The surviving partner may possibly have a claim on the estate under the Inheritance (Provision for Family and Dependents) Act 1975 if they had lived with the deceased for two years or more or were financially dependent upon them. ### When a Will has been made By making a Will, you can ensure that your assets pass to the beneficiaries of your choice. Couples who are married or in a civil partnership can leave their entire estate to their spouse or partner and it will be exempt from Inheritance Tax. If couples are not married nor in a [civil partnership](https://www.citizensadvice.org.uk/family/living-together-marriage-and-civil-partnership/registering-a-civil-partnership/), then their estate will be subject to Inheritance Tax. The value of assets which automatically transfer to the surviving partner, such as joint bank accounts or property held as joint tenants, will also be included in the Inheritance Tax calculation. This can leave the estate with a substantial bill to pay, for example where a share in a home forms part of the estate. By taking expert advice, you can consider how to legally minimise your Inheritance Tax liability and put a carefully drafted Will in place to safeguard your loved ones and ensure your estate passes to the beneficiaries of your choice. If you would like to discuss Wills or estate planning, speak to one of our expert lawyers on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Making a Will even when you don’t own your own home Source: https://www.cplaw.co.uk/insights/making-a-will-even-when-you-dont-own-your-own-home.md **If you don’t own a property, it is easy to assume that you don’t need a Will. In fact, there are several good reasons why you should still make one.** Leaving a Will can be of great comfort to loved ones, as you can set out your wishes with regard to what you would like to happen after your death. You can also appoint people to take on various responsibilities. If you put your requests in writing in a formal legal document it can also help avoid disagreements between family members at a difficult time. ### What your Will can contain As well as giving details of who you would like to receive your estate, you should also choose someone to administer your estate. This can be an onerous task, as your assets will need to be collected in, valued, sold, estate accounts prepared and the money distributed in accordance with your Will. If you don’t have anyone prepared to take on this role, you can appoint a professional [executor](https://www.cplaw.co.uk/private-clients/wills-trusts-and-estates/probate-estate-administration/). Your Will can include your wishes regarding your funeral and resting place, and you can also leave your personal belongings to your choice of beneficiaries. ### Looking after children in your Will Your Will can appoint a guardian to look after any children who may be under the age of 18 and you can also leave money in trust for them and appoint trustees to administer the trust fund. This means that your children will be able to benefit from the money you leave, at the discretion of your trustees, before they actually inherit it. You can also choose the age at which you would like them to inherit, for example, 25, if you feel that 18 is too young. ### Why it’s never too soon to write your Will Even if you don’t own a property or have any children, it is still a good idea to put a Will in place so that your loved ones know what you would like to happen to your estate after your death. As you go through life, you are likely to accumulate assets and responsibilities, so making a Will now means that you can be sure your chosen beneficiaries will receive what you would like them to have. A well-drafted Will will take account of potential future changes, for example, if you become a homeowner. You can also leave a Letter of Wishes, explaining your choices to your loved ones, and even detail what you would like to happen to your online assets and accounts. It is a good idea to periodically review your Will, particularly in the event of any major life changes, for example, the birth of a child. If you get married, your Will automatically becomes invalid, so it is particularly important to write a new Will then. If you would like to talk to one of our expert Will writers, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Entering into a pre-nuptial agreement Source: https://www.cplaw.co.uk/insights/entering-into-a-pre-nuptial-agreement.md **With lawyers reporting a rise in couples wanting to sign a prenuptial agreement, we look at what this entails and when it might be suitable.** A prenuptial agreement (also referred to as a ‘prenup’) is entered into by those intending to get married and sets out what will happen to their assets and debts in the event of a divorce. ### Who might want a prenup Anyone entering into a marriage might want to consider a prenup, particularly if one party has more assets than the other, or previous commitments such as children from another relationship. Entering into a prenup can avoid a protracted and difficult divorce later on down the line, saving time and acrimony by applying a previously agreed formula. For those already married, it is possible to enter into a postnuptial agreement, with a similar effect. ### Is a prenup legally binding? The courts will not always uphold a prenup. They will look carefully at the individual circumstances of the prenup and the marriage and take into account the interests of any children involved. To have the best chance of creating a prenup that will be upheld by a court, the parties should comply with the following points: - The agreement should be drafted by a qualified solicitor; - Both parties should take independent legal advice before signing; - The solicitors should be able to confirm that their clients entered into the agreement freely and voluntarily and that they understand the effects of signing it; - The prenup must not prejudice any children; - It must be fair and the needs of both parties must be met; - All assets must have been disclosed; - The agreement should be signed at least four weeks before the marriage takes place. Without a prenup, then a married couple’s assets will be deemed to be jointly owned and may be split equally in the event of a divorce. ### Do you need a lawyer? As a prenup is not a legally binding document, to have the best chance of a court upholding it, both parties should be advised by legal experts in the preparation and signature of any prenup. A lawyer will be able to take into account any potential future change in circumstances, such as having children and one party giving up their career to care for them. A prenup should be tailored to suit the particular situation of a couple, rather than being drafted from a template. This will reassure the courts that proper consideration and advice has been given. If you would like advice about entering into a prenuptial agreement, speak to one of our expert family lawyers on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # The charities that are receiving the most from gifts left in Wills Source: https://www.cplaw.co.uk/insights/the-charities-that-are-receiving-the-most-from-gifts-left-in-wills.md **Leaving a gift to charity in your Will can reduce the amount of Inheritance Tax payable by your estate, as well as benefit your favourite good cause.** In 2018, £3 billion was left to over 10,000 different charities in Wills. Smaller charities are increasingly popular, possibly following some high profile failures by bigger organisations. An estimated 6 percent of charity income in the UK is derived from gifts in Wills, with public generosity growing over the past few years. ### Inheritance Tax benefit of gift giving Inheritance Tax can be payable at the rate of 40 percent on the value of an estate over £325,000. The exact calculations can be complicated, so it is recommended to seek professional advice if your estate is likely to exceed this amount. If you leave 10 percent or more of the part of your estate on which Inheritance Tax is payable to a registered charity, then the Inheritance Tax rate can be reduced to 36 percent. If you wish to try and mitigate the amount of Inheritance Tax your estate will need to pay, you should speak to an expert, as it is not always a straightforward calculation. ### Popular charitable areas and charities According to Legacy Market Outlook, the most popular charitable area for giving is health, at 38 percent of the total, according to their 2018 report. Animal charities followed at 15 percent, then conservation and disability at 8 percent each. International development received 7 percent. Charities receiving the most by way of bequeaths include Cancer Research UK, the Royal National Lifeboat Institute, Macmillan Cancer Support, the British Heart Foundation, the Royal Society for the Prevention of Cruelty to Animals, the Salvation Army Trust, The National Trust, the People’s Dispensary for Sick Animals, and the Guide Dogs for the Blind Association. ### Choosing a charity to leave a bequest to To benefit from the Inheritance Tax exemption, the charity you choose should be based in the UK or EU and have a registered charity number. A charity may have helped you or your family at a difficult time or be a cause close to your heart. Quite often, medical charities are chosen when a relative has suffered from the particular disease they are set up to try and help with. Local charities are also popular, with smaller organisations increasingly benefiting in Wills. You can either leave the charity a specified lump sum, or alternatively a percentage of your net estate. If you would like Inheritance Tax advice or help writing your Will, talk to one of our specialist lawyers on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- # Setting up a Power of Attorney: A step by step guide Source: https://www.cplaw.co.uk/insights/setting-up-a-power-of-attorney-a-step-by-step-guide.md **A Lasting Power of Attorney is an important document giving someone the authority to deal with your affairs, should you ever become unable to do so yourself.** There are two types of Lasting Power of Attorney (LPA), one that deals with property and financial affairs and one that deals with health and welfare. If you make a property and financial affairs LPA, you can register it for use at any time, should you wish to, so that your attorney can help you even if you still have the capacity to manage yourself. This can be useful if you want assistance, for example, by getting your attorney to go to the bank on your behalf. A health and welfare LPA can only be registered for use once someone has lost the ability to deal with their own affairs. ### Choosing an attorney You will need to decide whom you would like to act on your behalf, should it ever be necessary. You can choose one or more attorneys and give them consent to act independently or require them to act together. It is generally easier if attorneys are able to act independently. You should choose someone whom you trust implicitly, and ideally someone who is younger than you, otherwise there is a risk that they may not be able to help you when the time comes. ### Filling in the forms You will need to complete LPA forms and have them signed by someone who is able to certify that you have the mental capacity to understand what you are signing. You and your attorneys will also need to sign and you should list the names of people whom you wish to be told that you are intending to register an LPA. These people should be sent a form of notification. You should choose at least two people, but no more than five. This is a safeguard to ensure that you are not being unduly influenced into signing the LPA. If you do not have two people whom you would like to be told, then it is possible for a second professional to provide a certificate confirming that you have the mental capacity to make the LPA. ### Registering the LPA The LPA forms can then be sent to the Office of the Public Guardian for registration with them. They will register the forms and send you a stamped copy for your records. The LPA is only valid once it has been stamped. Once this has been done, you can store your LPA until it is needed. It could be placed with your own important papers or passed to your attorney for safekeeping. Alternatively, you can ask your solicitor to store it. It is not essential to register the LPA as soon as it has been signed, however it does mean that if you do this, it will be ready for use as soon as it is needed. Otherwise, there could be a delay while your attorney waits for the Office of the Public Guardian to process the forms, which could take three months or more. It also means that any errors on the form can be dealt with in advance of the time when the LPA is needed. If errors arise after the person making the LPA has lost capacity, then potentially they may be without an LPA if the errors mean that it is invalid. Advance registration also gives relatives or friends of the person making the LPA the opportunity to raise any objections and to have discussions with the donor to try and avoid disputes arising. If you would like to speak to one of our expert lawyers, ring us on **0345 241 3100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) --- # What is Coercive Control? Source: https://www.cplaw.co.uk/insights/what-is-coercive-control.md **Domestic violence and abuse is defined as:-** *“Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members, regardless of gender or sexuality. This can encompass, but is not limited to, the following types of abuse: psychological, physical, sexual, financial and emotional.”* Domestic abuse not always physical. Coercive control is defined as:- *“an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.”* This controlling behaviour is designed to make a person dependent by isolating them from support, exploiting them, depriving them of independence and regulating their everyday behaviour. Coercive control is now a criminal offence. Some common examples of coercive behaviour are: - Isolating you from friends and family - Depriving you of basic needs, such as food - Monitoring your time - Monitoring you via online communication tools or spyware - Taking control over aspects of your everyday life, such as where you can go, who you can see, what you can wear and when you can sleep - Depriving you access to support services, such as medical services - Repeatedly putting you down in public or private, such as saying you’re worthless, mocking you or calling you names - Humiliating, degrading or dehumanising you - Controlling your finances - Making threats or intimidating you - Sexual violence - Physical violence Acknowledging these examples is an important first step in preventing and stopping the abuse. If you are experiencing abusive behaviour, it is important to remember that the abuse is not your fault, that domestic abuse is against the law, and that you don’t have to deal with this on your own because there is a support available. In an emergency you should call the Police on 999 (you do not need a signal or credit to do so). We would also encourage you to call the [24 hour National Domestic Violence helpline](https://www.nationaldahelpline.org.uk/) on 0808 2000 247. We a CP law can also assist you with stopping this abuse by obtaining a non molestation order. For further information please call the family department on **0345 241 3100**, email us on [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) or visit www.cplaw.co.uk and follow us on twitter, Facebook and Instagram. --- # What is Parent Alienation? Source: https://www.cplaw.co.uk/insights/what-is-parent-alienation.md **Have you wondered why your child does not want to spend time with you, or seems to have a started to take a dislike to you?** While there are numerous reasons for this, a more common but unknown cause is parental alienation ## What is parental alienation? Parental Alienation unfortunately has no fixed or single definition but it is commonly considered to be where a child expresses unwarranted fear, disrespect or hostility towards one of their parents and commonly that parent is with whom they do not live following the separation of their parents. When this happens, the child may resist or refuse to spend time with that parent and commonly a child’s feelings are often influenced by the parent with whom they live, who subconsciously or consciously alienates and/or manipulates the child to behaviour out of character against their other parent, through blatant or more subtle behaviour. A young child will not understand or appreciate that it is in their best interests to have a relationship with both their parents and sometimes the parents become so angered by the other following separation that it is possible for a child to become involved in the breakdown and reasons for such that they can be influenced by the parent they spend the majority of their time with and to mirror that parent’s negative views and take them as their own. Examples of Parent Alienation are:- - Badmouthing the other parent - Limiting reducing or ceasing contact with the other parent - Interfering with communications between child and other parent, i.e. letters, phone calls, emails - Interfering with symbolic communication child and other parent, i.e. photos of targeted parent in child’s home - Withdrawal of love towards the child - Telling the child that the other parent does not love him or her - Forcing the child to choose between parents - Creating the impression that the other parent is dangerous or no good - Confiding in the child regarding the other parent and their breakdown and that parent’s own feeling about such - Forcing the child to reject the other parent - Asking the child to spy on the other parent or questioning the child when they return from spending time with the other parent as to what the child and other parent did and who was with the other parent etc. - Asking the child to keep secrets from the other parent - Referring to the other parent by their first name - Referring to the stepparent as “Mum” or “Dad” and encouraging the child to do the same - Withholding medical, academic, and other important information from the other parent - Keeping other parent’s name off of medical, academic and other relevant documents - Changing the child’s name to remove any association with the other parent - Cultivating dependency on the part of the child A parent’s conscious or subconscious behaviours can negatively impact upon the child’s relationship with the other parent and/or the wider family and regardless of whether parental alienation is found or accepted by the court there are options available to address such behaviours and the impact upon the child. ## Possible effects of parental alienation on a child - The child is unlikely to enjoy a healthy and meaningful relationship with both parents. - The child is likely to suffer significant social and emotional harm. - The child’s ability to form meaningful and positive relationships is likely to be impeded. - The child may suffer depression in later life. - The child may suffer from poor self-esteem. - The child is likely to have identity difficulties. - The child is likely to suffer adverse consequences during their formative years and throughout their life. If you suspect parental alienation, we recommend that you seek legal advice without delay. If the other parent of your child refuses to promote a healthy and loving relationship between you and your child then we may advise you to apply to the family court for a Child Arrangements Order or discuss alternative approaches depending on the specific issues. For further information please call the family department on 0345 241 3100, email us on [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) or visit [www.cplaw.co.uk](https://www.cplaw.co.uk/) and follow us on twitter, Facebook and Instagram. --- # What is Unfair Dismissal? Source: https://www.cplaw.co.uk/insights/what-is-unfair-dismissal.md What is Unfair Dismissal? Unfair Dismissal is the legal term used when an employee is dismissed by their employer and this dismissal may be unfair. An employee might be dismissed unfairly if they were:- - employed for at least 2 years and - any of the following apply: there was no fair reason for the dismissal - the reason was not enough to justify dismissing them - the employer did not follow a fair procedure If you feel you have been dismissed unfairly you can challenge the dismissal using the employer’s appeal process and the employer should detail how you can appeal the decision to dismiss you. There are some reasons for dismissing an employee that are automatically unfair and these include: - being pregnant or on maternity leave - wanting to take family leave such as paternity, paternal or adoption leave - taking part in legal official industrial action for 12 weeks or less – i.e. strike action - asking for a legal right such as to be paid the national minimum wage - making a flexible working request i.e. home working/hybrid working/part time - being a trade union rep - jury service - whistleblowing - forcing an employee to retire - taking action regarding health and safety issue An employee does not need the 2 years’ service to claim unfair dismissal if they were dismissed because of one of these automatically unfair reasons. For further information please call the Dispute Resolution Department on 0345 241 3100, email us on mail@cplaw.co.uk or visit [www.cplaw.co.uk](https://www.cplaw.co.uk/) and follow us on twitter, Facebook and Instagram. --- # Child Abduction Source: https://www.cplaw.co.uk/insights/child-abduction.md **The law relating to child abduction is very complicated and is covered under both criminal law and family law. There is also an element of international family law involved if your child has been removed from the country.** Child abduction is the unauthorised removal or retention of a minor from a parent or anyone with legal responsibility for the child and can be committed by parents or other family members; by people known but not related to the child, such as neighbours, friends and acquaintances; and by strangers. The Child Abduction Act (1984) makes it a criminal offence for anyone “connected with” (e.g. parents, guardians, special guardians or a person with a Child Arrangements Order) a child under the age of 16 to “take or send” that child out of the UK for more than 28 days without the appropriate consent i.e. the consent of any other person who has parental responsibility for that child or a consenting order from the courts. The same Act makes it a criminal offence for “other persons” (e.g. non-family members) to “take or detain” a child under the age of 16 without lawful authority or reasonable excuse. The offence of kidnapping exists in England and Wales and Northern Ireland, and is defined at common law as “the taking or carrying away of one person by another, by force or fraud, without the consent of the person taken or carried away and without lawful excuse. It must involve an attack on or loss of that person’s liberty”. Parental child abduction occurs when a person who is connected to a child takes them away from their country of habitual residence, which is the country they normally reside in, without the permission of either those with parental responsibility or the courts. If you are concerned that a child may be removed from the jurisdiction or you wish to leave the UK with your child and you do not have the consent of everyone with parental responsibility, you have options available to you so please get in touch. For further information please call the family department on **0345 241 3100**, email us on [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk) or visit www.cplaw.co.uk and follow us on twitter, Facebook and Instagram. --- # Conscious uncoupling: ending a marriage without acrimony Source: https://www.cplaw.co.uk/insights/conscious-uncoupling-ending-a-marriage-without-acrimony.md **As divorce law is set to be reformed to remove blame, we look at a modern way for couples to separate.** The term conscious uncoupling refers to the ending of a relationship in a positive way. Instead of acrimony, the intention is that both parties will go on to better and happier futures separately, but will remain amicable and, where there are children involved, will co-parent them without animosity. ### Current divorce law At present, there are five grounds and steps to process conscious completions: - [Adultery](https://www.gov.uk/divorce) - Unreasonable behaviour - Desertion - Two years’ separation (by consent) - Five years’ separation For those who do not want to wait long term, the only way to proceed with a divorce is by claiming adultery or unreasonable behaviour through legal services, both of which apportion blame. This adds to the emotional stress of a separation, making things harder and more acrimonious. Nuffield Foundation figures found that 70 percent of divorcing couples said that citing fault made the process more bitter and 21 percent said it made it harder to sort out arrangements for the children. If one party does not agree to the divorce and there has been neither adultery nor unreasonable behaviour, then the other party must wait five years before they can ask the court to grant them a decree nisi. ### Reform of divorce law In April 2019 the government announced its intention to reform the law to allow no-fault divorce. This acknowledges the fact that people may choose to separate without anyone being to blame. It is proposed to allow divorce on the grounds of irretrievable breakdown of a relationship, remove the possibility of contesting the divorce and introduce the option of a couple making a joint application. ### Amicable separation It is intended that the new divorce law will allow couples to focus on important issues such as children, property and finance. Conscious uncoupling processes focus on finding the positive in the situation and focus on steps to living happily, where partners are no longer together but are not using their energy in hating or undermining each other. As well as being healthier for the adults involved, it is undoubtedly far better for any children of a relationship to see their parents behaving amicably. If you would like to speak to an expert at our family law firm Solicitors in Wokingham about divorce or children matters, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk). --- Generated from RankReady