The Law gazette reports of the application by ILEX to the Legal Services Board for the rights to authorise its members to undertake Probate Work. Such an activity has been primarily reserved to Solicitors but if successful ILEX could allow its members to carry out probate work in its entirety.

Applicants would have to pass an exam at honours degree level in estate administration, succession laws and demonstrate knowledge of the law of trusts and equity. Also the completion of the accounts and practice management qualifications may be needed as well.

The Law Society comments ‘that ILEX members should carry our the proposed activities if they can demonstrate they meet the same standards as solicitors. What ILEX proposes is to consider applications to carry our Probate work from those who have no formal training in law if they complete a form showing evidence of knowledge of the law involved with probate work and the business practices involved.’

Our Simon Eyre-Wood comments “…..One point of consideration is that Probate work can often be complex and involve large amounts of monies. Our Probate department draws on vast’s amount of legal experience and an attitude of client care always being key. It can be very easy to get into a mess with such sensitive work if you do not know what your doing. It is not unusual for us to be retained where a person has tried to undertake Probate themselves and ended up encountering a problem which always ends up costing the estate more to sort out. A concern would be that the consumer is given an impression of quality and competence which may not be the case. This will inevitably lead to unhappy beneficiaries and damage to the industry as a whole”

What are your views?

Do you need Probate advice then contact us here.

Joint bank accounts often give cause for concern at death either because the deceased’s interest in those funds is not clear or the correct tax treatment. The former is the one most clients do not think of. Our Simon Eyre- Wood points out: -

“…..When money is placed in a Joint bank account there is a presumption of a ‘resulting trust’. In other words these funds belong to the person who deposited the funds. This presumption can be challenged but an estate has an obligation to make enquires and pursue the funds if needs be.

The most common reason I see for such an account is to avoid the need for a Power of Attorney. By trying to circumvent this the person in question ends up making matters worse down the way that in fact cost more than preparing the legal documents in the first place”.

Have you concerns as to looking after someone’s affairs? Are you not sure with what to do with a joint account on death…? contact us here.

The director of the Legal Services Policy Institute has advised the Legal Services Board against altering the list of reserved legal activities. The LSB is currently considering adding will-writing to the reserved list given the non regulation of the will writing industry and the problems encountered with ‘cowboy’ will writers.

Our view is that regulating the activity would be a knee jerk reaction to the problems at hand and not deal with the current consumer market as a whole. Furthermore, reserving the activity to one profession would have both advantages and disadvantages.

Whats your view?

Conveyacing professionals and persons in the media have commented this week on the hardship and challenges faced with simultaneous same day exchanges and completions.

Adam Gould (Minster Law Property Solicitor) comments

“I find it extraordinary that people at an already stressful time will put themselves through the additional stress that simultaneous exchange and completions cause.

We don’t charge extra for same day exchanges and completions but some solcitors do“.

We would be interested in your views?

Need a conveyancing quote – Click Here for more information on our Conveyancing service.

The Law Gazette reports the recession has caused an ‘explosion’ in the number of cohabiting couples seeking advice on relationship breakdown.

If you are planning on buying a home and you are unmarried are you aware of the options available to you? Both our Harvey Harding and Simon Eyre-Wood note the huge increase in the use of a Deed of Trust to help the legal position should the relationship turn sour.

Simon Eyre-Wood goes on to further comment that relying on trust law in situations for some cohabitates is not always ideal as the law often proves outdated to represent the current social situations of today. A Deed of Trust can often help such matters and save time and expense in trying to remedy a situation.

Are you planning on purchasing a house? Do you know your legal position before you commit? Please feel free to contact us for a no obligation chat

Fixed fee Deed of trust needed with your conveyancing? Please let us know.

Click Here for more information on our Conveyancing services.

Interim results from a survey published by the Society of Trust and Estate Practitioners (STEP) reveal the scale of the threat posed to the consumer from cowboys in the will writing market. The survey found that 75% of STEP members have encountered cases of “incompetence or dishonesty in the will writing market in the last 12 months”.

Two thirds of respondents reported coming across hidden fees which were not outlined in the stated price for a will, and 63% had direct experience of cases where will writing companies had gone out of business and disappeared with their clients’ wills. Just over one third had encountered cases where incompetence had led to significant additional tax bills.

This survey only echoes previous blogs and the need for regulation. We await with anticipation the introduction of legislation in Scotland to see its impact.

Have you encountered a will writing company and had a bad experience or have concerns about your estate planning?

Click Here for more information on our Will Writing services

It has been reported that the Government is considering increasing Stamp Duty for properties with the lowest energy efficiency ratings.

At present even though home information packs have been abolished it is still a requirement that an Energy Performance Certificate be produced within 28 days of marketing the property.

If a property is found to be energy inefficient the government may consider imposing an increased stamp duty fee. A rebate for the stamp duty could then be applied for once the property has been made more energy efficient.

In a fragile market the effect of such a measure will mean that buyers are further penalised and it may deter some purchasers from buying such properties. In addition it imposes greater expense on a seller wishing to achieve the best possible price for their property and attract more potential buyers.

What do you think? Let us know using the form below.

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It has been reported this week about a charity worker who has been forced to live in a tent after a squatter took over her house while she was abroad helping homeless people.

The now squatter was in fact a former tenant on a short term rental agreement and also owes rent. This highlights the area of Law known as Landlord and Tenant and in this particular case the action of possession. The Housing Act 1988 and 1996 gives grounds for possession a Landlord can take against a tenant that won’t leave.

Harvey Harding of our Private Client department notes “Formal procedures are in place for the landlord to take place as both have rights. It’s important the landlord follows these procedures and does not take their own action which may see them breaching the law themselves”

Naturally this is often a stressful time as highlighted by the reported article and it’s worth remembering if the matter does go to Court this takes time and is expensive”.

What are your views?

At Minster Law, we pride ourselves on being different from other solicitors – a difference that has made us the UK’s largest RTA personal injury practice.

Our business is rapidly expanding and we are now seeking high performing individuals to join our Personal Injury and Credit Hire Teams in our Wakefield office.

We offer a competitive basic salary, lucrative performance based bonuses and benefits package along with numerous career advancement opportunities.

Our Wakefield office is just off junction 39 of the M1. We are currently recruiting for the following roles:

We would like to speak to Fee Earners with case handling and litigation experience. We are also looking for candidates who are exceptionally customer focused with a positive approach to challenging targets and objectives and a high degree of self-motivation.

If you are looking to progress your legal career with a successful, forward-thinking law firm, then we would like to hear from you.

If you would like to apply for any of these roles, please email a copy of your CV and covering letter to our Resourcing Team at recruitment@minsterlaw.co.uk. If you would like to have an informal chat about these roles, please call on 01904 663888.