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Eight reasons why you should make a Will by Miranda Richardson, Solicitor

It is estimated that approximately 60% of UK adults do not have a Will and therefore run the risk of dying intestate. As death is sadly inevitable for all of us, we highlight eight reasons why you should make a Will sooner rather than later.

1. If you die intestate i.e. without a Will, your assets will be distributed in accordance with the laws of intestacy which frequently causes unnecessary expense, delay, worry and inconvenience for the deceased’s family. The intestacy rules will decide who inherits your estate and this may not be who you want it to be.

2. Writing a Will puts you in control of how your assets are distributed following your death. You choose your own Executors whereas if you die intestate the law will determine who will have the task of sorting out your affairs after your death.

3. Leaving a Will helps to minimise the risk of family disputes and is vital if you wish, for example, to leave a larger share of your estate to one of your children or your partner if you are unmarried.

4. You may think that you do not have a sufficiently large estate to justify making a Will but some assets need have to be sorted out formally to be able to be transferred.

5. A Will enables you to preserve assets for beneficiaries so that you can choose how you want your estate to be divided.

6. If there are any disabled or vulnerable children or adults you would like to provide for after your death, it is vital that you make a Will because even though those individuals may be entitled to receive a share of your estate under the intestacy rules, they may not have the mental capacity to accept that share.

7. If your estate is likely to exceed the Inheritance Tax threshold it is important to seek legal advice about the possibilities of minimising the impact of Inheritance Tax on your estate. A Will would be vital in those circumstances.

8. If you have children under 18 a Will can include the appointment of testamentary guardians to care for your children following your death so your wishes are clear.

If you require advice about making a Will please contact Miranda Richardson in our Wills and Probate department who can be contacted on 01325 281111.

What can I do if my relative has been sectioned under the Mental Health Act? Blog by Emma Coward- Trainee Solicitor

Am I a Nearest Relative?

If your relative is detained under the Mental Health Act, you may be considered as their nearest relative. It is important to be aware that this person can be different to the next of kin.

The general rule is that the nearest relative will be the person who comes highest on the following list:

  • Husband, wife or civil partner
  • Son or daughter
  • Father or mother
  • Brother or sister
  • Grandparent
  • Grandchild
  • Uncle or aunt
  • Niece or nephew

What Rights Do I Have As A Nearest Relative?

As a Nearest Relative if you have concerns about a relatives Mental Health you can request an assessment to ascertain whether they should be detained under the Mental Health Act. This can be done by contacting Social Services and speaking with an Approved Mental Health Practitioner. They do have the right to refuse your request but must give you reasons for doing so in writing.

You have the right to be informed that your relative is going to be detained under Section 2 (for assessment) or Section 3 (for treatment). However there are exceptions to this, for example if informing you would have a negative impact on your relative emotionally or physically or would cause unnecessary delay.

If you were to disagree with your relative being detained under Section 3 then the detention cannot go ahead, however an application could be made to the County Court to remove your powers if it is felt you are objecting on unreasonable grounds.

Please be aware that the nearest relative does not have the right to be told everything. Confidentiality is still maintained and it will ultimately depend on whether your relative is happy for information to be shared with you.

Can I Discharge My Relative?

If you wish for your relative to be discharged from their section then you must provide 72 hours’ written notice to the hospital managers. If their responsible clinician feels that your relative should remain in hospital they can issue a barring report within 72 hours. This will prevent the discharge from going ahead. A discharge should only be prevented if the person is likely to be considered as dangerous to themselves or others.

If a barring report is issued, you will then have the right to apply to the tribunal for discharge if your relative is detained under Section 3 or on a CTO. You must be aware that you will not be allowed to discharge your relative at any time in the 6 months’ that follow the date of the barring report.

What is a Tribunal?

The tribunal panel consists of a judge, a doctor and a layperson who often has experience of working within mental health. Also present at the hearing will be members from your relative’s clinical team, which will be their care coordinator, who is often a social worker or Community Psychiatric Nurse, their responsible clinician and a member of the nursing team. Each professional will have prepared a report prior to the hearing and will be asked questions in relation to the content.

Your relative is entitled to have a solicitor present at the tribunal who can then ask questions on their behalf. You will also be entitled to share your views. After hearing the evidence the panel will then make a decision as to whether they believe detention continues to be justified or not. They will provide a brief explanation for their decision.

 

We have a specialist mental health team who can help you and your relatives. For assistance please contact us on  01325 281111.

Court Martial Representation- an article by Peter Furness, Court Martial Defence Advocate

The term Court Martial is widely known, but little understood. I hope to briefly explain what a Court Martial actually is, how it differs from a ‘civilian’ Court, and how Clark Willis Law Firm LLP might be able to help anybody who requires representation before the Court Martial.

What is a court martial?

A Court Martial deals with members of the Armed Forces who are subject to military law.  Military law covers specific military offences, such as going absent without leave and desertion etc, but also the type of criminal allegations that occur in civilian life, such as assault, theft and criminal damage etc.  If any allegation of any nature is made against a member of the Armed Forces, the Court Martial will generally deal with their case, as opposed to it being dealt with by a civilian Court.  This is especially so, if the alleged offence takes place on a military base, and/or involving other military personnel.

What happens at a Court Martial?

The Court Martial comprises of a Judge Advocate and a Board of Officers, the number of which depends upon the seriousness of the allegation.  If there is to be a Trial, then the Board of Officers determine guilt or innocence like a Jury.  The Judge Advocate oversees the proceedings, to make sure that they are procedurally and legally fair.  If the Defendant is to be subsequently sentenced, whether following a trial or a guilty plea, then the Judge Advocate and the Board of Officers, will decide that sentence, in accordance with guidelines which are similar, but not the same, as a civilian Court.

Very occasionally, a civilian, who is subject to military law, may be dealt with by a Court Martial, but in the vast majority of cases, the Defendants are service personnel.

The procedure followed in both Courts is similar and the law of course is exactly the same. By definition, the terminology is often of a military nature, and this requires a basic understanding of military procedure to effectively represent a client before the Court Martial.

A bit about me…..

I am a partner with Clark Willis Law Firm LLP and have been conducting Court Martial defence work for over 20 years. Whilst my ‘local’ Court Martial is at Catterick Garrison, I often travel to other Court Martial sites in England, or even abroad, where the British military are based.

I have dealt with all manner of cases, from relatively minor breaches of military law, to the most serious types of assaults / sexual assault.  I either deal with the case from start to finish throughout, or in the case of particularly serious matters, I would instruct expert/specialist barristers to represent the client before the Court Martial.

If you have a court martial you wish to discuss call me today for a free no obligation chat on 01325 281111.

Stamp duty first time buyers relief – an overview by Diane Hall, Conveyancing Solicitor

 What is the new relief

As of 22 November 2017, first-time buyers in England and Wales of residential property have benefitted from welcome relief from Stamp Duty for purchases under £300,000 and relief on the first £300,000 if buying property up to £500,000.

The Stamp Duty threshold is currently £125,000 whereas the threshold for first-time buyers is £300,000 thus allowing a further £175,000 before Stamp Duty becomes payable.
How much would I need to pay?

You can use HM Revenue and Customs Stamp Duty calculator to work out how much tax you will need to pay- https://www.tax.service.gov.uk/calculate-stamp-duty-land-tax/#/intro


What are the eligibility requirements?

HM Revenue and Customs specify the following eligibility requirements :

· there is a purchase of a single dwelling for not more that £500,000

  • the purchaser(s) must be an individual who intend to occupy the property as their main dwelling and all must be first time buyers
  • the purchase is not linked to any other land transactions, except for –
    o land that is or forms part of the gardens or grounds of the dwelling, or
    o land that subsists for the benefit of either the dwelling or its garden and
    grounds.

    Further information on eligibility can be found at- https://www.gov.uk/government/publications/stamp-duty-land-tax-relief-for-first-time-buyers-guidance-note

Will this help me as a first time buyer?

It is estimated that the majority of first-time buyers will be exempt from paying any Stamp Duty at all and almost all first-time buyers will at least benefit from reduced rates.
How do I claim the relief?

The relief is claimed in the Stamp Duty Land Transaction Return which we can complete on your behalf as part of our conveyancing work for you. Prior to us submitting these forms on your behalf, we ask that you sign a declaration to confirm that the information contained in the forms is accurate.

If you are looking to purchase a property, please do speak to a member of our Conveyancing Quality Scheme accredited Conveyancing team on 01325 281111 or 01748 830000.
Diane Hall is a Solicitor within our property department specialising in residential and commercial property matters. 

Legal Aid Eligibility Changes for 2018- has it gone far enough for domestic abuse victims? Blog post by Katie-lee Pearson, Family Solicitor Clark Willis

Previous legal aid eligibility

From 1 April 2013, legal aid has only been available in a limited number of family cases including:

  • Care proceedings
  • Children cases where there is evidence of domestic abuse against the parent or the child, in the preceding 24 month period
  • Domestic violence injunctions (also referred to as Non-Molestation Orders)
  • International child abduction cases.

Evidence of domestic abuse

People who were the victims of domestic abuse, as well as qualifying financially, would need to provide evidence of the domestic abuse, by way of documentary evidence. Examples of such evidence include  a relevant unspent conviction or caution for a domestic violence offence; a copy of an injunction; a letter from a domestic violence support organisation confirming that someone had been in a refuge (or refused admission to a refuge); and a copy of a letter from a health professional,such as a GP, confirming injuries or a condition consistent with domestic abuse.

The problem with the previous eligibility?

The number of domestic violence victims who did not have legal representation in the family courts has doubled in the last five years.

Significant concerns were raised that these previous requirements were too restrictive. Interim measures were introduced in an attempt to address the harshest restrictions. For example, in February 2017, the time limit of the preceding 24 month period in which the domestic abuse had to have taken place was extended to cover the preceding 60 months. At the same time, measures were introduced to provide for victims of financial abuse, where one person is financially controlling another.

What changes have been made to legal aid eligibility for 2018?

From 8th January 2018, there have been significant changes to the rules governing legal aid, specifically the evidence that needs to be provided in respect of victims of domestic abuse as follows:

  1. The 60-month time limit has been scrapped completely. The abuse can have taken place at any time in the past.
  2. Victims of domestic abuse will be able to use letters from domestic abuse support organisations, letter from a housing officer or a letter from the Home Office that a victim has been granted leave to remain in the UK due to domestic violence.
  3. The evidence of domestic abuse can relate to another person with whom the perpetrator was in a family relationship. For example, evidence that the perpetrator was convicted for a domestic violence offence on a previous partner will now be accepted.

The likely impact of the new changes to legal aid eligibility?

These changes mean that more victims of domestic abuse should be able to gain access to legal aid. However, only time will tell whether the changes will have the anticipated impact, and reduce the number of cases where victims of domestic abuse are left without legal representation.

However, at Clark Willis, we recognise that not all clients will qualify for Legal Aid, but still require legal advice and representation from an experienced family solicitor. We can offer clients the chance to spread the cost of their legal fees each month.

If you wish to obtain further information as to whether you will qualify for legal aid, or if you wish to discuss options for payment of legal costs, please contact our team of experienced solicitors at Clark Willis on 01325 281111.

Katie-lee Pearson- Family Law Specialist, Clark Willis Law Firm LLP

Minimum Energy Efficiency Standards (MEES)- Will you be able to let your property in 2018? Blog post by Nicola Johnston

What are the new Regulations?

From April 2018, the regulations will make it unlawful for private sector landlords to let residential or commercial properties to new or existing tenants, without an Energy Performance Certificate (EPC) band rating of E or above.

Properties which do not require an EPC under the current regulations will be exempt from the new regulations. However, there will be very few exemptions available to Landlords.

From 1st April 2018, the regulations will be enforced upon the granting of a new lease and the renewal of existing leases. Landlords will be required to ensure compliance before the lease is granted.

From 1st April 2023, the regulations will be extended to cover all leases, including where a lease is already in place.

Implications for Landlords

The regulations will have a significant impact upon Landlords, including:

• It will make some properties illegal to let unless they are upgraded to meet the minimum standards. This may take time and during that time the Landlord will miss out on rental income.
• Valuations of such properties could be affected if their marketability is diminished, which could in turn effect mortgages.
• Rent reviews for properties in this situation could also be affected.
• Implications for dilapidations assessments may also exist.

Enforcement and Penalties

For any Landlords found to be in breach of the regulations, a maximum penalty of £150,000.00 can be imposed. These are calculated upon the rateable value of the property and can be issued on every property found to be in breach.

For this reason it is not advisable to wait until the regulations are in place. Landlords should take a proactive approach and consider their portfolios now.

If you are uncertain about the new regulations or require further advice on the matter, please contact us at Clark Willis on 01325 28 11 11.

A Guide to Compensation for Criminal Injuries by Victoria Machin- Solicitor

If you have been the victim of a violent crime and have suffered physical or mental injury, then you may be able to submit a claim for compensation to the Criminal Injuries Compensation Authority (CICA).

The CICA is a government body established to compensate innocent victims of criminal assault and other violent crimes. Eligibility requirements are complex and therefore it is important to seek legal advice if you think you may be entitled to claim.

An application may be refused if you do not report the incident to the police as soon as reasonably practicable. It is also important that you assist police with their enquiries in an attempt to bring the assailant to justice. However, it is not necessary for there to be a criminal conviction brought against the assailant for a victim to have a successful claim.

You may be refused compensation if you have an unspent criminal conviction that resulted in a prison sentence (including a suspended prison sentence), regardless of what this offence relates to. You may also be refused compensation if you are found to have contributed, or been a part of, the crime in question.

A claim to the CICA must be submitted within two years of the date of the incident. If the incident occurred when you were a minor, then you will have until your 20th birthday, or two years after the date you reported the incident to the police, whichever is later. The CICA may waive the time limit in exceptional circumstances, for example, where the applicant was a victim of historic sexual abuse. However, such a waiver is rare, and you should therefore not delay in submitting an application.

The CICA has compiled a ‘tariff of injuries’, which is a list setting out specific injuries and the corresponding amount of compensation such an injury would receive. Although the awards are lower than what an individual may be entitled to if they were eligible for civil action for personal injury, they can still be significant, and the maximum award is £500,000.

The CICA will also consider compensating a victim for mental injury which has been diagnosed by a psychiatrist or clinical psychologist. Additionally, if you have been unable to work for more than 28 weeks due to the incident, the CICA may compensate you for your lost earnings. It may also be possible to apply for the cost of your medical care.

Since the scheme was initially established in 1964, more than £3 billion has been paid out in compensation, making this one of the most generous schemes in the world. If you have been the victim of a violent crime and suffered physical or mental injury and would like to discuss whether or not you have a claim, please contact our personal injury department today for free initial advice.

 Victoria Machin is a solicitor within the firm who specialises in personal injury claims, civil litigation, and is a member of the Association of Personal Injury Lawyers. Details of our range of Personal injury services can be found at http://www.clarkwillis.com/services/personal-injury/

 

Clark Willis Law Firm LLP maintain Law Society excellence quality mark

We are delighted to announce that following an annual audit we have maintained our Lexcel quality mark. We have held this quality mark since 2010.

Lexcel is defined by the Law Society at http://www.lawsociety.org.uk/support-services/accreditation/lexcel/

‘Lexcel is the Law Society’s legal practice quality mark for excellence in legal practice management and excellence in client care. It provides a flexible, supportive management framework to help practices develop consistent operational efficiencies and client services, manage risk effectively, reduce costs and promote profitability.

Lexcel sets the required Standard in seven different areas: structure and strategy, financial management, information management, people management, risk management, client care, file and case management. Lexcel scheme rules outline the design, principles and governance processes of the scheme.’

At Clark Willis we are committed to excellent Client care and practice management and we continue to meet the high standards expected of this quality mark.