New Proposals
Current proposals from Justice Minister Ken Clarke seek to raise the level at which cases will be allocated to the Small Claims Court from cases less than £5000 to cases involving £15,000.
These Plans Will Prevent Recovery of Your Legal Fees
Current Government plans to increase the value of claims that fall to be heard in the Small Claims Court will mean neither Claimants or Defendants will be able to recover any legal fees paid in seeking redress at law.
Taking someone to Court or being taken to Court can be a complex and more importantly costly matter. Given the choice, most involved in the process would rather have the support and advice of a lawyer. But lawyers, much as some may wish not to, have to charge for services in order to survive.
New Proposed Limits
Currently if claims involve sums of less than £5000 (or £1000 in personal injury cases) they are heard by the Small Claims Track of the County Court. The Small Claims Track is predominantly used for providing what is supposed to be cheap access to justice.
Features of the Small Claims Court
Important features of the Small Claims Track are:
• No legal fees paid to lawyers can be claimed unless a party behaves unreasonably
• The strict requirements and formalities of evidence are not required
• Matters are usually heard in the Judge’s Chambers rather than an open Court
• Witness expenses can be claimed but limited to £50 per witness
Access to Justice
At Seatons it has long been our stated aim to do all we can to widen people’s access to justice and and like the Law Society are following developments with interest. Law Society president Linda Lee said: ‘Taken together with the government’s legal aid reforms, these plans on civil costs funding mean that ordinary people won’t be able to obtain proper redress for the wrongs they have suffered’
What will this mean to you?
Whether you are a private individual or business if you need to claim or defend any sum up to £15,000 you will be unable to seek any fees you may have paid to lawyers from the losing side. While you may be prepared to go to Court for a relatively minor sum on a fairly simple issue without the benefit of a lawyer’s advice, being unable to claim for professional legal input on higher value claims which usually involve more complex legal issues is far from ideal . In short, under the proposals, if you require a solicitor to run a claim for less than £15,000 you may end up with a disproportionate amount of costs in relation to the sums at stake. You may win your claim but end up footing the bill for the cost of getting your money back.
How Seatons Can Help
For many years Seatons has offered fixed fee appointments for the modest sum of £75.00 + vat. For this we will:
• Advise on the merits of a claim or defence and give you an idea of what we believe are your chances of success
• Review any relevant documents
• Reduce our advice to writing so that you have it for reference throughout your claim
Comprehensive Self Help Pack
What we intend to do in the face of the current proposals, in addition to maintaining our commitment to fixed fee appointments, is to offer those wishing to proceed on the Small Claims Track without instructing solicitors a comprehensive pack containing:
• A user friendly guide to procedure
• Practical advice on what to expect from the Court
• A ‘how to’ guide to Court Forms together with examples of completed forms
• Copies of Witness Statements, Particulars of Claim and Defence documents that can be adapted for your own use.
• An additional ‘hearing only’ advocacy service whereby we will attend a hearing and represent you at Court for a fixed fee.
Our current plans are to make these available for approximately what it would cost you for half an hour with a solicitor and we hope the packs will be available from the end of October 2011.
We understand that there is no replacement for instructing a solicitor to handle all correspondence, but hopefully for around £175.00 + vat we will be able to arm you adequately to navigate the Small Claims Track.
Cost Efficient Justice
We suspect, given the governments assault on public funding, the Justice Minister’s intention to raise the Small Claims threshold will proceed regardless of current objections from the legal community and consumer groups, as always at Seatons we will continue to provide cost efficient access to justice for all and respond positively to the changing legal landscape placing clients at the heart of everything we do.
Please Call Us
To arrange a fixed fee appointment for £75.00 + vat contact us on 01536 276 300. Small Claims packs will be available at the end of October 2011.
Monday, 24 October 2011
Friday, 14 October 2011
Where There’s a Will...There’s Clarity
Life's Legal Problems
If you are lucky you may manage to get through life never having to seek advice from a solicitor. Chances are though there are some situations we are all likely to find ourselves in that require lawyerly input: possibly we will all need assistance with buying a house (we can help); increasingly according to statistics we may need a lawyer in our corner on family or relationship breakdown (we can help with this too) - but there is one situation that we are all going to find ourselves in that without a solicitor can lead to confusion, resentment, cost and ultimately wider family breakdown.
Making a Will is Important
Like it or not we are all mortal beings and while we are all young and death is merely a rumour – we may see no reason to bother ourselves with what can seem to be a morbid exercise of writing a will, but without a will you are at the mercy of the law on intestacy (dying without a will). Inheritance is a complex area of law haunted by many myths and misunderstandings.
True Or False?...
• If you die without a will and are married or in a civil partnership, your husband or wife will automatically inherit your estate
• If you are not married but have been living together as common-law husband or wife for a significant period of time, the majority of your estate will pass to your partner.
• On divorce or separation, your ex-partner has no valid claim against your estate
Unsurprisingly all the above statements are false. Briefly, if you die without a will and are married your husband or wife will receive all your personal items, the whole of the estate up to a certain value and thereafter half the estate. The issue of children further complicates the situation if married. However if unmarried, and no provision in a will has been made, your partner will have no entitlement to any of your estate and will have to rely on an claim under statute for maintenance – a complicated and expensive process – even more so if the matter has to be decided by a judge in Court. As for ex-partners, in the absence of a will, a claim by them is always a possibility.
Top 5 Reasons For Making a Will
So – however unpalatable it may be to consider arrangements for your own death - there are many good reasons to bite the bullet and make a will, Here’s our top 5 reasons:
1. You decide who gets what – If you don’t, the law will step in and your assets may end up somewhere you’d rather they didn’t.
2. The absence of a will may cause family rifts and irreparable damage to the family you leave behind.
3. Making a will is your opportunity to minimise the amount taken in tax – surely the last place any of us would want our money to end up.
4. You can make life changing gifts to those closest to you or for the greater good by leaving money to charity (all gifts to charity are tax-free)
5. In our experience the costs involved in making a claim against an estate typically runs to £50,000 and can exceed £100,000 in legal fees which are usually ordered to be paid from the estate funds. It costs around £125 for a solicitor to make a basic will.
Any Will is Better Than No Will - But Not All Wills Are the Same
There’s no substitute for a will drafted by a solicitor. There’s the benefit of advice and guidance and a will is ultimately a legal document requiring formalities to be observed. The Law Society is campaigning on your behalf for the rules relating to who should be allowed to draft a will and launched it’s campaign in February this year to call for an end to the practice of unregulated will writing which has seen:
'Anyone in England and Wales can operate as a will writer. They are not required to hold any formal qualifications may well provide no consumer protections such as insurance. Many of those calling themselves will writers may have purchased a franchise to do so and are free to prepare wills without any training or insurance protection. As a result, some will writers do not have the means to recompense an injured party to the full extent of their loss, which severely undermines the possibilities of seeking redress. When something does go wrong, there's no system in place to prevent the same mistakes happening again'. Linda Lee – President, Law Society
Having the Last Word...
In any event a will is the ultimate in having the last word as some genuine bequests (not from our clients we might add) below show:
• Sara Clarke of Bournemouth directed in her will: To my daughter, I leave £1 – for the kindness and love she has never shown me.
• Anthony Scott, in his last will and testament wrote: ‘To my first wife Sue, whom I always promised to mention in my will. Hello Sue!’
And my personal favourite, the will of athlete and father of actress Grace Kelley, Mr John B Kelley who died in 1960 whose will left to his son John:
• “ all my personal belongings, such as trophies, rings, jewelry, watches, clothing and athletic equipment, except the ties, shirts, sweaters and socks, as it seems unnecessary to give him something of which he has already taken possession.”
Go On! Make a Will!
So we’d urge you to bite the bullet – make a will – and do it properly – using a solicitor. Whatever gift you make in a will, the making of it in itself gives the most important gift of all – the gift of clarity at a difficult time.
Call Us Now
At Seatons we have many years’ experience of giving client’s and their families peace of mind that a well executed will gives. We can draft a basic will for around £125.00. It needn’t be depressing – give Seatons a call to have the last word on 01536 276 300.
If you are lucky you may manage to get through life never having to seek advice from a solicitor. Chances are though there are some situations we are all likely to find ourselves in that require lawyerly input: possibly we will all need assistance with buying a house (we can help); increasingly according to statistics we may need a lawyer in our corner on family or relationship breakdown (we can help with this too) - but there is one situation that we are all going to find ourselves in that without a solicitor can lead to confusion, resentment, cost and ultimately wider family breakdown.
Making a Will is Important
Like it or not we are all mortal beings and while we are all young and death is merely a rumour – we may see no reason to bother ourselves with what can seem to be a morbid exercise of writing a will, but without a will you are at the mercy of the law on intestacy (dying without a will). Inheritance is a complex area of law haunted by many myths and misunderstandings.
True Or False?...
• If you die without a will and are married or in a civil partnership, your husband or wife will automatically inherit your estate
• If you are not married but have been living together as common-law husband or wife for a significant period of time, the majority of your estate will pass to your partner.
• On divorce or separation, your ex-partner has no valid claim against your estate
Unsurprisingly all the above statements are false. Briefly, if you die without a will and are married your husband or wife will receive all your personal items, the whole of the estate up to a certain value and thereafter half the estate. The issue of children further complicates the situation if married. However if unmarried, and no provision in a will has been made, your partner will have no entitlement to any of your estate and will have to rely on an claim under statute for maintenance – a complicated and expensive process – even more so if the matter has to be decided by a judge in Court. As for ex-partners, in the absence of a will, a claim by them is always a possibility.
Top 5 Reasons For Making a Will
So – however unpalatable it may be to consider arrangements for your own death - there are many good reasons to bite the bullet and make a will, Here’s our top 5 reasons:
1. You decide who gets what – If you don’t, the law will step in and your assets may end up somewhere you’d rather they didn’t.
2. The absence of a will may cause family rifts and irreparable damage to the family you leave behind.
3. Making a will is your opportunity to minimise the amount taken in tax – surely the last place any of us would want our money to end up.
4. You can make life changing gifts to those closest to you or for the greater good by leaving money to charity (all gifts to charity are tax-free)
5. In our experience the costs involved in making a claim against an estate typically runs to £50,000 and can exceed £100,000 in legal fees which are usually ordered to be paid from the estate funds. It costs around £125 for a solicitor to make a basic will.
Any Will is Better Than No Will - But Not All Wills Are the Same
There’s no substitute for a will drafted by a solicitor. There’s the benefit of advice and guidance and a will is ultimately a legal document requiring formalities to be observed. The Law Society is campaigning on your behalf for the rules relating to who should be allowed to draft a will and launched it’s campaign in February this year to call for an end to the practice of unregulated will writing which has seen:
'Anyone in England and Wales can operate as a will writer. They are not required to hold any formal qualifications may well provide no consumer protections such as insurance. Many of those calling themselves will writers may have purchased a franchise to do so and are free to prepare wills without any training or insurance protection. As a result, some will writers do not have the means to recompense an injured party to the full extent of their loss, which severely undermines the possibilities of seeking redress. When something does go wrong, there's no system in place to prevent the same mistakes happening again'. Linda Lee – President, Law Society
Having the Last Word...
In any event a will is the ultimate in having the last word as some genuine bequests (not from our clients we might add) below show:
• Sara Clarke of Bournemouth directed in her will: To my daughter, I leave £1 – for the kindness and love she has never shown me.
• Anthony Scott, in his last will and testament wrote: ‘To my first wife Sue, whom I always promised to mention in my will. Hello Sue!’
And my personal favourite, the will of athlete and father of actress Grace Kelley, Mr John B Kelley who died in 1960 whose will left to his son John:
• “ all my personal belongings, such as trophies, rings, jewelry, watches, clothing and athletic equipment, except the ties, shirts, sweaters and socks, as it seems unnecessary to give him something of which he has already taken possession.”
Go On! Make a Will!
So we’d urge you to bite the bullet – make a will – and do it properly – using a solicitor. Whatever gift you make in a will, the making of it in itself gives the most important gift of all – the gift of clarity at a difficult time.
Call Us Now
At Seatons we have many years’ experience of giving client’s and their families peace of mind that a well executed will gives. We can draft a basic will for around £125.00. It needn’t be depressing – give Seatons a call to have the last word on 01536 276 300.
Thursday, 5 May 2011
HOW TO GET THE BEST AND CHEAPEST CONVEYANCING QUOTE
1. Use a Local Solicitor
Always use a local specialist firm of solicitors who, like ourselves, have years of experience in dealing with legal matters. Never deal or trust a firm that is based miles away. Don't compromise your legal matter and deal with somebody you may never see face to face.
2. Use a Solicitor on Your Wavelength
Use a Local Specialist Solicitor who you feel comfortable with and who speaks plain English, someone you can trust to keep their promises, someone who you can see face to face and who will regularly keep in touch, return phone calls, provide a fast and efficient service, a firm whose clients return to them time and time again, someone who will go the extra mile, someone like us.
3. Don't Get Caught Out With Hidden Extras on Costs.
Make sure that you deal with a firm who provides at the outset, in writing, a clear estimate “with no hidden extras”. Some firms will initially quote you a low fee but then add extras at the end of the legal matter. Some examples of these extras are listed below.
4. Lender’s Legal Fee
If you are obtaining a mortgage to assist you with the purchase of a property, then most firms of solicitors will charge you extra for dealing with the mortgage. However, some firms do charge extra. One firm of Licensed Conveyancers charges £175 plus VAT!
5. Stamp Duty Land Transaction Return Fee
Most Solicitors will complete the Stamp Duty Land Transaction Return Form free of charge as part of the overall quote. However, some firms and Licensed Conveyancers will charge extra. We know of one firm of Licensed Conveyancers who charge £85 plus VAT for filling out the form.
6. Buildings Insurance Administration Fee
If you are arranging your own buildings insurance, independent of your mortgagee, then most firms will deal with that for you as part of their quote. However, other firms will charge. One local firm charges £85.00 plus VAT.
7. Early Completion Fee
Most firms will not charge extra, whatever the period is between exchange of contracts and completion. However, some firms do charge extra. One firm of Licensed Conveyancers charges £150 plus VAT if you want to complete a transaction less than ten working days after the date of exchange of Contracts.
8. Life Policies
If you are taking out an Endowment Mortgage, then most firms will deal with any legal work in relation to the Endowment as part of the quote. However, some firms charge extra. One local firm of Licensed Conveyancers charges £75 plus VAT for effecting the assignment or re-assignment of each life policy.
Always use a local specialist firm of solicitors who, like ourselves, have years of experience in dealing with legal matters. Never deal or trust a firm that is based miles away. Don't compromise your legal matter and deal with somebody you may never see face to face.
2. Use a Solicitor on Your Wavelength
Use a Local Specialist Solicitor who you feel comfortable with and who speaks plain English, someone you can trust to keep their promises, someone who you can see face to face and who will regularly keep in touch, return phone calls, provide a fast and efficient service, a firm whose clients return to them time and time again, someone who will go the extra mile, someone like us.
3. Don't Get Caught Out With Hidden Extras on Costs.
Make sure that you deal with a firm who provides at the outset, in writing, a clear estimate “with no hidden extras”. Some firms will initially quote you a low fee but then add extras at the end of the legal matter. Some examples of these extras are listed below.
4. Lender’s Legal Fee
If you are obtaining a mortgage to assist you with the purchase of a property, then most firms of solicitors will charge you extra for dealing with the mortgage. However, some firms do charge extra. One firm of Licensed Conveyancers charges £175 plus VAT!
5. Stamp Duty Land Transaction Return Fee
Most Solicitors will complete the Stamp Duty Land Transaction Return Form free of charge as part of the overall quote. However, some firms and Licensed Conveyancers will charge extra. We know of one firm of Licensed Conveyancers who charge £85 plus VAT for filling out the form.
6. Buildings Insurance Administration Fee
If you are arranging your own buildings insurance, independent of your mortgagee, then most firms will deal with that for you as part of their quote. However, other firms will charge. One local firm charges £85.00 plus VAT.
7. Early Completion Fee
Most firms will not charge extra, whatever the period is between exchange of contracts and completion. However, some firms do charge extra. One firm of Licensed Conveyancers charges £150 plus VAT if you want to complete a transaction less than ten working days after the date of exchange of Contracts.
8. Life Policies
If you are taking out an Endowment Mortgage, then most firms will deal with any legal work in relation to the Endowment as part of the quote. However, some firms charge extra. One local firm of Licensed Conveyancers charges £75 plus VAT for effecting the assignment or re-assignment of each life policy.
Monday, 17 January 2011
Protecting your Estate and Assets from Care Home Costs
No one wants to think of the possibility that one day we might be faced with a decision about putting a loved one into residential care because of illness or disability. But it is important to make sure that your family and other loved ones are provided for if anything happens to you.
The Community Care Act 1990 states that local councils have the right, by law, to force the sale of a family home to pay for long term residential care. The Local Authority has the power to seize all but £22,500 of the assets as a contribution towards the cost of that care.
A common problem is how to protect the family home from being seized in such a manner – and as official government statistics show that some 69,000 homes are sold every year to fund long term care (which is equivalent to one home being sold every four minutes) this is a big issue - but it can be partly addressed by simply making the correct type of Wills.
First of all, though, it is important to understand that whilst both people are alive if one of them goes into long term care then the Local Council cannot force the sale of the property provided that it is in both their names (e.g. owned 50-50) – the sale can only be forced if the person going into long term care owns the property 100% outright.
But what if one person dies? Ensure that the ‘survivor’ never owns the property 100% outright. This is achieved by the first to die having a Will leaving his/her share of the property to the eventual heirs of the estate after both have died, but specifying that the survivor has a lifetime right to live in the property (a ‘Life Interest’). Thus the survivor only owns 50% of the property and therefore the deceased half share is protected and cannot by claimed by the local authority to fund long term care.
In reality, we have no way of telling who is going to pass away first and so both husband and wife need such a Will. These Wills are often referred to as 'Protective Property Trust' Wills or 'Life Interest Wills'. To make them, you must both be alive now and Seatons Solicitors can sort everything out for you both simply and easily and provide you with all of the legal advice you need.
When you have completed making your Will with Seatons Solicitors you should also seriously consider making Lasting Powers of Attorney to help manage and protect your assets if you both have to go into long term care at the same time.
The Community Care Act 1990 states that local councils have the right, by law, to force the sale of a family home to pay for long term residential care. The Local Authority has the power to seize all but £22,500 of the assets as a contribution towards the cost of that care.
A common problem is how to protect the family home from being seized in such a manner – and as official government statistics show that some 69,000 homes are sold every year to fund long term care (which is equivalent to one home being sold every four minutes) this is a big issue - but it can be partly addressed by simply making the correct type of Wills.
First of all, though, it is important to understand that whilst both people are alive if one of them goes into long term care then the Local Council cannot force the sale of the property provided that it is in both their names (e.g. owned 50-50) – the sale can only be forced if the person going into long term care owns the property 100% outright.
But what if one person dies? Ensure that the ‘survivor’ never owns the property 100% outright. This is achieved by the first to die having a Will leaving his/her share of the property to the eventual heirs of the estate after both have died, but specifying that the survivor has a lifetime right to live in the property (a ‘Life Interest’). Thus the survivor only owns 50% of the property and therefore the deceased half share is protected and cannot by claimed by the local authority to fund long term care.
In reality, we have no way of telling who is going to pass away first and so both husband and wife need such a Will. These Wills are often referred to as 'Protective Property Trust' Wills or 'Life Interest Wills'. To make them, you must both be alive now and Seatons Solicitors can sort everything out for you both simply and easily and provide you with all of the legal advice you need.
When you have completed making your Will with Seatons Solicitors you should also seriously consider making Lasting Powers of Attorney to help manage and protect your assets if you both have to go into long term care at the same time.
Wednesday, 5 January 2011
New Year's Resolution - Have you made your Will?
No one wants to think of the possibility of death - that is, his/her own death. But it is important to make sure that your family and other loved ones are provided for if anything happens to you. If you don't have a Will then now is the time to give it serious thought. If you have made a Will and you want to make amendments then do so now because it will be too late to make those changes if something should happen to you.
Seatons Solicitors can help you to create a Will or modify and append an existing Will. We also have legal self help documents to get you started with making your will.
Always make sure that your wishes are properly documented because the courts will look at your Will as the final proof of your wishes regarding your assets on your death. Remember - if you don't have a written Will the courts will assess what is to happen to your assets and they will order the disposal of your assets in the way they believe is best. The problem is that this may not be according to your wishes; so make sure you look seriously at the making of a Will at the earliest.
What is a Will?
A Will is a document containing your instructions and wishes as to how your property and assets are to be distributed after your death. Any person, of any age, should seriously consider a Will at the earliest. A Will should not only be for people who have reached an age where death is not far away. People die at all ages and a Will is needed especially if you have assets and property to be allocated to those you wish to benefit.
A Will is the expression of the person's wishes concerning how their property is to be distributed. It is a written statement, signed in compliance with the various formalities covered by legislation. It is a legal document containing the names of the people you want to benefit, as well as details of your possessions at the date of your death. The people you want to benefit are called beneficiaries.
Your property or possessions will include everything you own, such as your home, land, vehicles, bank accounts, benefits of insurance policies, furniture, boat, investments such as shares, personal jewellery, artwork, and so on. A Will is the only way you can ensure your assets will be distributed according to your wishes after your death.
What is a Valid Will?
A valid Will is a Will that is accepted by the court and put into effect by the court granting what is known as probate. Probate is approval or acceptance by the court of how your assets are to be dealt with.
A valid will must have the following features:
• It must be in writing - handwritten, typed or printed.
• It must be signed with your signature at the end of the document.
• It must be witnessed by at least two other people present at the time of signing. They need to acknowledge they were present and must sign the Will as witnesses in your presence. They don't have to be together at the same time of signing.
If your Will is not made in this manner then the court may not accept it and it would be unenforceable (the courts will not enforce it). The court has discretion to grant probate (probate is confirmation that the Will is valid and accepted) and your possessions could be disposed of as if you hadn't made a Will at all. When the court exercises this discretion, it has to be satisfied that the document sets out clearly how you wanted your assets to be allocated or distributed.
About Completing a Will
Most people know that they need to put together a Will sometime before they die. Unfortunately, the majority of people these days just don't have a Will. They don't think about writing up a Will until they are past the age of 50.
Writing a Will doesn't need to be expensive. Once it is done you can rest easy, knowing that your wishes will be followed after your death. Most Wills can be composed quite simply. Others are more complex and involve more people, substantial assets, and cash. These Wills should be discussed with Seatons Solicitors who specialise in this area.
While a Will is not critical if you do not possess much (e.g. property for distributions), you may have personal items such as jewellery, manuscripts, or trophies that you want to be left to specific people. Having a Will clarifies this and saves any arguments later on.
If your estate, possession and property are valuable, you should ensure that a will sets out your wishes and instructions clearly. It might be inconvenient for you to set up a Will while you are alive, but it could save arguments and fighting amongst your beneficiaries.
Why Make a Will?
If a person dies without making a Will then the rules according to law will apply. If you die without a Will the term is; you have died "intestate". If you die intestate then the court rules on how things are done, how your property is distributed, and who the beneficiaries would be. It may not be according to your wishes, so dying intestate is not a good position to be in as far as your beneficiaries are concerned.
Because most of us don't know when we are going to die, we should approach the drafting of a Will as if we haven't many days left on this earth. This is important because it saves arguments amongst family members and beneficiaries after your death.
Seatons Solicitors can help you to create a Will or modify and append an existing Will. We also have legal self help documents to get you started with making your will.
Always make sure that your wishes are properly documented because the courts will look at your Will as the final proof of your wishes regarding your assets on your death. Remember - if you don't have a written Will the courts will assess what is to happen to your assets and they will order the disposal of your assets in the way they believe is best. The problem is that this may not be according to your wishes; so make sure you look seriously at the making of a Will at the earliest.
What is a Will?
A Will is a document containing your instructions and wishes as to how your property and assets are to be distributed after your death. Any person, of any age, should seriously consider a Will at the earliest. A Will should not only be for people who have reached an age where death is not far away. People die at all ages and a Will is needed especially if you have assets and property to be allocated to those you wish to benefit.
A Will is the expression of the person's wishes concerning how their property is to be distributed. It is a written statement, signed in compliance with the various formalities covered by legislation. It is a legal document containing the names of the people you want to benefit, as well as details of your possessions at the date of your death. The people you want to benefit are called beneficiaries.
Your property or possessions will include everything you own, such as your home, land, vehicles, bank accounts, benefits of insurance policies, furniture, boat, investments such as shares, personal jewellery, artwork, and so on. A Will is the only way you can ensure your assets will be distributed according to your wishes after your death.
What is a Valid Will?
A valid Will is a Will that is accepted by the court and put into effect by the court granting what is known as probate. Probate is approval or acceptance by the court of how your assets are to be dealt with.
A valid will must have the following features:
• It must be in writing - handwritten, typed or printed.
• It must be signed with your signature at the end of the document.
• It must be witnessed by at least two other people present at the time of signing. They need to acknowledge they were present and must sign the Will as witnesses in your presence. They don't have to be together at the same time of signing.
If your Will is not made in this manner then the court may not accept it and it would be unenforceable (the courts will not enforce it). The court has discretion to grant probate (probate is confirmation that the Will is valid and accepted) and your possessions could be disposed of as if you hadn't made a Will at all. When the court exercises this discretion, it has to be satisfied that the document sets out clearly how you wanted your assets to be allocated or distributed.
About Completing a Will
Most people know that they need to put together a Will sometime before they die. Unfortunately, the majority of people these days just don't have a Will. They don't think about writing up a Will until they are past the age of 50.
Writing a Will doesn't need to be expensive. Once it is done you can rest easy, knowing that your wishes will be followed after your death. Most Wills can be composed quite simply. Others are more complex and involve more people, substantial assets, and cash. These Wills should be discussed with Seatons Solicitors who specialise in this area.
While a Will is not critical if you do not possess much (e.g. property for distributions), you may have personal items such as jewellery, manuscripts, or trophies that you want to be left to specific people. Having a Will clarifies this and saves any arguments later on.
If your estate, possession and property are valuable, you should ensure that a will sets out your wishes and instructions clearly. It might be inconvenient for you to set up a Will while you are alive, but it could save arguments and fighting amongst your beneficiaries.
Why Make a Will?
If a person dies without making a Will then the rules according to law will apply. If you die without a Will the term is; you have died "intestate". If you die intestate then the court rules on how things are done, how your property is distributed, and who the beneficiaries would be. It may not be according to your wishes, so dying intestate is not a good position to be in as far as your beneficiaries are concerned.
Because most of us don't know when we are going to die, we should approach the drafting of a Will as if we haven't many days left on this earth. This is important because it saves arguments amongst family members and beneficiaries after your death.
Compromise Agreements Protecting Employees and Employers
A compromise agreement is a legally binding agreement usually between an employee and employer when the parties want to set out the terms and conditions reached when a contract of employment is to be terminated or a dispute is to be resolved (when the employment contract is not being terminated).
There are a number of different circumstances eg. redundancy, by mutual agreement, dismissal, to settle an Employment Tribunal claim when such an agreement can be used.
The use of compromise agreements in redundancy situations is a relatively recent development and has been initiated mainly by employers who want to prevent employees complaining to a tribunal after they have been made redundant.
If an employer does not comply with the law in making redundancies (perhaps through failing to consult properly, failing to use fair selection criteria etc) an employee can complain to a tribunal that the redundancy was unfair. This can be done after the redundancy and could result in an award of compensation or even reinstatement.
The only way an employer can be sure that an employee will not complain to a tribunal after redundancy is to persuade them to sign away their right to do so. This can be done in a compromise agreement and has the effect of turning the redundancy package into a "full and final" settlement of any claims the employee has against the employer.
Compromise agreements are recognised by statute and are the only way a claim can be legally binding without tribunal proceedings having been initiated.
What terms does a Compromise Agreement have to contain?
The compromise agreement will state the full breakdown of the payments the employee will receive and the extent to which the sums will be paid free of tax. Usually, up to £30,000 compensation can be paid without deduction, but the employee will have to give tax indemnity to the employer within the agreement, this is entirely usual.
The compromise agreement will also provide for confidentiality both in terms of the employers trade secrets and business affairs and also of the terms of the agreement. The employee will be paid a small additional sum for agreeing to this - usually a few hundred pounds. The employee will also usually be required not to make any derogatory comments against the employer. Some employees prefer such agreements to be mutual, and employers are often receptive to such request.
The compromise agreement may confirm the existing post-termination restrictive covenants that the employee has already bound by under their contract of employment. In some cases, the covenants are new, having appeared in the compromise agreement for the first time. In either case, the employee needs to take specific advice on this as their ability to work for a competitor and/or service old clients and customers could be hampered after they leave their employment.
There will be a long list of statutes in the compromise agreement (such as the Race Discrimination Act, Sex Discrimination Act, Employment Rights Act) and many more, under which the employee will agree not to bring a claim. The compromise agreement is intended to be in full and final settlement of all claims but the employer needs to list these to be able to enforce the agreement.
Why is a solicitor involved?
Compromise agreements can be written in very legalistic language and can refer to sections of Acts and Regulations which the employee may never have heard of. Because of this and because it is important that the employee understand the effect of the agreement, it is a legal requirement that they get professional advice on what the agreement means. It is also a legal requirement that their adviser signs the agreement to confirm that advice has been given.
An employee must have the compromise agreement explained by an independent solicitor before the agreement becomes binding. The solicitor giving the advice must also sign the agreement and certify that the appropriate advice has been given.
According to the Employment Rights (Dispute Resolution) Act 1998, that advice can only be given by a qualified solicitor, a qualified trade union official, or a qualified advice centre worker, all of whom must be covered by an appropriate certificate of indemnity insurance. A solicitor will advise the employee if the terms offer them the correct protection and should also advise if they are being offered a suitable amount of compensation. The number of years that the employee has worked, their salary, job title, and most important of all, the reason for the termination are all important factors.
There is no legal or other obligation on the employee to sign a compromise agreement if they are not happy with it. Refusing to sign means that there is no agreement between the employee and their employer, and they are free to make a claim to the employment tribunal (which must be within 3 months of their termination date). In redundancy cases, however, this could mean that the employer would refuse to pay the employee the full enhanced package and will instead pay the minimum state entitlement. In non-redundancy cases, the employee ultimately puts the ex-gratia payment being offered into jeopardy.
Many compromise agreements are, however, capable of being negotiated upwards. In some cases, a tribunal claim may be necessary.
There are a number of different circumstances eg. redundancy, by mutual agreement, dismissal, to settle an Employment Tribunal claim when such an agreement can be used.
The use of compromise agreements in redundancy situations is a relatively recent development and has been initiated mainly by employers who want to prevent employees complaining to a tribunal after they have been made redundant.
If an employer does not comply with the law in making redundancies (perhaps through failing to consult properly, failing to use fair selection criteria etc) an employee can complain to a tribunal that the redundancy was unfair. This can be done after the redundancy and could result in an award of compensation or even reinstatement.
The only way an employer can be sure that an employee will not complain to a tribunal after redundancy is to persuade them to sign away their right to do so. This can be done in a compromise agreement and has the effect of turning the redundancy package into a "full and final" settlement of any claims the employee has against the employer.
Compromise agreements are recognised by statute and are the only way a claim can be legally binding without tribunal proceedings having been initiated.
What terms does a Compromise Agreement have to contain?
The compromise agreement will state the full breakdown of the payments the employee will receive and the extent to which the sums will be paid free of tax. Usually, up to £30,000 compensation can be paid without deduction, but the employee will have to give tax indemnity to the employer within the agreement, this is entirely usual.
The compromise agreement will also provide for confidentiality both in terms of the employers trade secrets and business affairs and also of the terms of the agreement. The employee will be paid a small additional sum for agreeing to this - usually a few hundred pounds. The employee will also usually be required not to make any derogatory comments against the employer. Some employees prefer such agreements to be mutual, and employers are often receptive to such request.
The compromise agreement may confirm the existing post-termination restrictive covenants that the employee has already bound by under their contract of employment. In some cases, the covenants are new, having appeared in the compromise agreement for the first time. In either case, the employee needs to take specific advice on this as their ability to work for a competitor and/or service old clients and customers could be hampered after they leave their employment.
There will be a long list of statutes in the compromise agreement (such as the Race Discrimination Act, Sex Discrimination Act, Employment Rights Act) and many more, under which the employee will agree not to bring a claim. The compromise agreement is intended to be in full and final settlement of all claims but the employer needs to list these to be able to enforce the agreement.
Why is a solicitor involved?
Compromise agreements can be written in very legalistic language and can refer to sections of Acts and Regulations which the employee may never have heard of. Because of this and because it is important that the employee understand the effect of the agreement, it is a legal requirement that they get professional advice on what the agreement means. It is also a legal requirement that their adviser signs the agreement to confirm that advice has been given.
An employee must have the compromise agreement explained by an independent solicitor before the agreement becomes binding. The solicitor giving the advice must also sign the agreement and certify that the appropriate advice has been given.
According to the Employment Rights (Dispute Resolution) Act 1998, that advice can only be given by a qualified solicitor, a qualified trade union official, or a qualified advice centre worker, all of whom must be covered by an appropriate certificate of indemnity insurance. A solicitor will advise the employee if the terms offer them the correct protection and should also advise if they are being offered a suitable amount of compensation. The number of years that the employee has worked, their salary, job title, and most important of all, the reason for the termination are all important factors.
There is no legal or other obligation on the employee to sign a compromise agreement if they are not happy with it. Refusing to sign means that there is no agreement between the employee and their employer, and they are free to make a claim to the employment tribunal (which must be within 3 months of their termination date). In redundancy cases, however, this could mean that the employer would refuse to pay the employee the full enhanced package and will instead pay the minimum state entitlement. In non-redundancy cases, the employee ultimately puts the ex-gratia payment being offered into jeopardy.
Many compromise agreements are, however, capable of being negotiated upwards. In some cases, a tribunal claim may be necessary.
Wednesday, 15 December 2010
Merry Christmas from Seatons Solicitors
Paul and Adrian and all the staff at Seatons
wish you a very Merry Christmas
and a Happy and Prosperous 2011
P.S. Top Ten Things to Remember:
1. Don’t’ drink and drive…..police cells can get quite chilly this time of year
2. Be warm and friendly to your In Laws….no matter what they do or say
3. Careful on those slippery paths…….hospital wards are no substitute for being safe and warm at home
4. Avoid standing near the mistletoe…..particularly when your elderly aunts are around
5. Find a quiet place of solitude to hide……for when the charades start
6. You can never have too many socks and handkerchiefs……or aftershave and toiletries
7. The toys are for your children to play with……..not you!
8. Don’t eat too much…….you’ll only have to burn it all off in the New Year
9. But most of all relax……and enjoy this special time of year
10. And if all else fails……..our emergency mobile number is 07545235980!
Seatons Solicitors
Corby Kettering Desborough
We are closed from 5.00pm Thursday 23rd December 2010
and reopen 9.00am Tuesday 4th January 2011
http://www.seatons.co.uk
01536 276300
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