Curtis Parkinson Strengthens Property Team with Senior Appointment

We are delighted to announce that William (Will) James has joined Curtis Parkinson as a senior property solicitor.

Having qualified in 2008, Will has spent his entire career practising in Nottinghamshire. In addition, he joins our property department with extensive experience in residential, commercial, and agricultural law, reinforcing our commitment to providing high-level legal expertise to our local community.

A Welcome from the Team

Will joins our highly respected property team, working alongside Senior Conveyancer Louise Gardner. With over 20 years of experience and a reputation for pragmatic, down-to-earth advice, Louise is delighted to see the department expand.

Louise Gardner commented:

“It is wonderful to welcome Will to the team. His expert and protective approach to conveyancing mirrors the way we look after our clients here at Curtis Parkinson. Having another senior specialist who truly understands the local Nottinghamshire landscape means we can continue to provide the proactive, high-quality service our clients expect.”

Kenneth Curtis, Partner at Curtis Parkinson, added:

“We are delighted to have Will on board. His deep roots in the area and his technical expertise, particularly in complex commercial and agricultural matters, make him a perfect fit and a huge asset to the firm.”

Speaking on his appointment, Will said:

“I’ve always wanted to work for a firm embedded within the local community where you deal with real people. I’m looking forward to helping our clients achieve their goals, whether that’s moving into a first home or growing a business.”

Get in Touch

Will is now accepting new instructions. Whether you are moving home or managing a commercial portfolio, our property team is here to help.

View Will’s profile.

Explore our comprehensive list of property services.

Call us on 0115 964 7740. We’re here to help.

Who is in Control? The Truth About LPAs and Your Independence

Many people feel hesitant about making Lasting Power of Attorneys (LPAs). They worry that by signing, they might be giving away control of their lives and losing their independence today.

If this sounds familiar, you’re not alone. But the truth about LPAs is quite different. They’re not about surrendering control now. Instead, they’re about making sure you stay in charge of how your life is managed in the future.

A Safety Switch, Not a Handover

It’s natural to assume that once an LPA is registered, your Attorneys can immediately step in and take over. However, the system is designed with built-in safeguards to ensure that is not the case.

For a Property and Financial Affairs LPA, you can choose to set it up so that your Attorneys only act if you lack the mental capacity to make decisions yourself. In the case of a Health and Welfare LPA, this is actually a legal requirement. This LPA only ‘wakes up’ if you’re unable to speak for yourself. Until then, you remain firmly in the driving seat.

The Strength in Numbers

When choosing your Attorneys, you don’t have to put all the responsibility on one person’s shoulders. In fact, appointing more than one person is advisable.

Many people choose a mix of Attorneys to balance the workload. You might appoint someone who knows you personally and understands your daily quirks, alongside a professional Attorney, such as a solicitor. A professional brings objectivity, expertise, and continuity. This is especially relevant if your personal Attorneys are of a similar age to you or have busy lives of their own. Having a team ensures that, if one person’s circumstances change, your protection remains seamless.

Layers of Accountability

The law is there to guide and protect you, not to take control away. Attorneys must follow strict rules under the Mental Capacity Act. They have a legal duty to:

• Act in your best interests and ensure your money is used for your benefit, not theirs.

• Support your independence by helping you make your own decisions for as long as possible.

• Keep your assets separate and never mix them with their own personal finances.

If anyone ever worries that an Attorney isn’t acting properly, the Office of the Public Guardian (OPG) has the power to investigate and step in to ensure you are protected.

Shaping the Rules with Precision

When you create an LPA, you can include preferences and instructions. Think of these as your way to set your own boundaries. You might specify that you want to remain at home for as long as possible, or that you prefer a particular type of medical care.

However, the wording of these sections is vital. The OPG can be very strict; even a small error or a confusingly worded instruction can result in the entire document being rejected. This is why many find that having a professional prepare their LPAs provides significant peace of mind. It ensures that your wishes are not only expressed but also legally robust and ready to be followed.

Review Your LPAs Regularly

An LPA is a living document. Just as your life changes, your legal protections should too. We always recommend reviewing your LPAs every few years. Life events such as a marriage, a divorce, or even your Attorneys moving abroad, can change how your documents work. Regular reviews ensure your plan stays as vibrant and relevant as you are.

Our Advice

The anxiety of losing control often comes from a fear of the unknown. But the real loss of control happens when you don’t have an LPA. If you fall ill without one, a court-appointed official who doesn’t know your story could end up making life-changing decisions for you.

Setting up an LPA while you are well is the best way to keep your life moving in the direction you choose. While the process is open to everyone, professional guidance can help you navigate the complexities and avoid common mistakes that lead to rejected applications.

If you need further information, advice or an instant quotation, please get in touch with us. We’re here to help.

We’re Married, So We Don’t Need Powers of Attorney

It’s a common belief that because you’ve shared a life, a home, and perhaps children with your partner, the law automatically recognises them as your representative. This idea feels reassuring, but unfortunately, it is a myth.

Legally, your spouse or civil partner isn’t automatically entitled to step into your shoes. If you ever lose the ability to make your own decisions—whether due to a sudden accident or a long-term illness—the status of ‘Next of Kin’ carries far less legal weight than most people realise.

Locked Doors

Without a Lasting Power of Attorney (LPA), the people closest to you might be unable to help when they need to most. While joint bank accounts or shared mortgages may seem like built-in protections, banks can freeze accounts if they believe one account holder lacks the capacity to make decisions.

This can leave a spouse in a heartbreaking position. They may be unable to pay the mortgage, cover utility bills, or access the savings needed for their partner’s care. It turns what is already an emotional time into a complex, bureaucratic challenge.

The High Cost of Inertia

It is easy to view an LPA as a cost that can be avoided or deferred. However, the cost of not having one is far higher. Once someone can no longer sign a legal document, it is too late to set up an LPA.

The only alternative is to apply to the Court of Protection for a ‘Deputyship.’ This is a notoriously lengthy and costly process, often taking many months and incurring thousands of pounds in fees and ongoing costs. In contrast, establishing an LPA is a straightforward, one-off step that keeps control within your family and provides an insurance policy you hope you’ll never need, but will be infinitely glad to have.

Why Both LPAs Matter

While we often focus on the financial side, the Health and Welfare LPA is equally crucial. It gives you the power to choose who will make decisions about your medical care, your daily routine, and even where you live.

Without this document, doctors and social workers ultimately have the final say. Although they will consult your family, they are not legally required to follow their wishes. An LPA ensures that your personal values and preferences are heard loud and clear, even when you cannot speak for yourself.

A Safety Net for Every Stage of Life

Although some see an LPA as something only for the elderly, the reality is that every adult should have one. Life is full of surprises. Whether you’re a young professional, a new parent, or enjoying retirement, having these documents ready is the ultimate safety net.

Think of it as a gift to your family. It removes uncertainty and legal hurdles, allowing them to focus on what truly matters: supporting you.

Our Advice

Setting up a Lasting Power of Attorney isn’t about giving up your independence; it’s about protecting it. It’s about taking charge of your future while you are vibrant and well. This way, if there comes a time when you can’t make decisions for yourself, you can be confident that the person holding the pen is someone who loves you, knows you, and has your best interests at heart.

Please don’t hesitate to contact our specialist team for more information or advice. We’re here to help.

Managing The Invisible Intruder in Your Conveyancing

Buying or selling a home is a major milestone. It brings excitement, along with the chaos of packing and the weight of handling significant paperwork. However, as technology advances, the world of conveyancing faces new, more complex challenges. While digital tools help speed up the process, they also introduce new risks. Possibly the greatest risk today is that of cybercriminals using AI to commit fraud, especially in the final stages of a move.

For years, property experts have warned about ‘Friday afternoon fraud’, in which a last-minute email tricks someone into sending their deposit to the wrong bank account. Today, these threats are more sophisticated, more personal, and hitting closer to home.

The Rise of the ‘Synthetic’ Seller

In 2026, identity fraud is no longer just about a stolen passport. We are seeing more cases of synthetic identities and deepfake impersonations. Using advanced AI, criminals create ‘blended’ identities by combining a real person’s details with AI-generated faces and fabricated histories.

Even more concerning, the security of video-call ‘liveness checks’ is being questioned. Skilled deepfakes now enable fraudsters to mimic a homeowner’s voice and appearance in real time. To those watching the screen, everything may seem verified. The documents genuinely appear legitimate, and the face matches. However, the true owner remains completely unaware that their property is being sold illegally.

Why Conveyancing is the Target

It is simply a matter of high stakes. Property transactions invariably involve:

1. Large Sums of Money: Hundreds of thousands of pounds changing hands in a single transaction.
2. Tight Deadlines: Within a property chain, time pressures can lead people to miss vital warning signs.
3. Complex Connections: With buyers, sellers, agents, and lenders all communicating, there are numerous entry points where a hacker might try to intercept messages. 

Legal & Regulatory Protection

The legal profession in England and Wales has strengthened its defences. As of early 2026, significant updates have changed the game:

1. The DVS Register: Under Treasury guidance, solicitors now rely on the Digital Verification Services (DVS) Register. This ensures that any digital ID tool used is certified under the UK Digital Identity and Attributes Trust Framework.

2. CQS Mandatory Updates: The Law Society’s Conveyancing Quality Scheme (CQS) has rolled out its 2026 mandatory training. Lawyers accredited under the scheme are now specifically tested on their ability to identify payment diversion fraud and AI-driven deepfake risks.

3. HMLR Digital Identity Standard: HM Land Registry has refined its ‘Safe Harbour’ standard. If a solicitor uses biometric technology to verify the cryptographic chip in your passport, it provides the highest level of protection against fraud.

How to Protect Your Move

While technology is getting smarter, the best defence remains a combination of modern tools and old-fashioned vigilance.

Risk Factor	Recommended Action
Joint Tenants	Never rely on bank details sent via email. Always confirm via a secure portal or by calling a number you’ve used before.
Identity Theft	Ensure your solicitor uses Biometric ID verification. This doesn't just look at a photo; it talks to the secure chip in your ID.
Title Fraud	Sign up for the HM Land Registry Property Alert service. It’s free and alerts you if anyone attempts to change your property's register.
The Digital Mask	Trust the human in the loop. If your solicitor asks for extra proof or a face-to-face meeting, they aren't being difficult, just diligent.

Our Advice

The future of conveyancing is digital, and for the most part, that’s a win for everyone. Already, many enjoy the convenience of signing deeds electronically, and some track progress via apps. However, as fraud becomes more industrialised, the relationship between a client and their lawyers must be built on transparency.

If a request feels urgent, a bank account change seems sudden, or a digital process feels too easy, everyone involved must take a breath. In the high-stakes world of property, slowing down is often the most sophisticated security measure we have.

In most cases, an individual’s home is their most valuable asset. In 2026 and beyond, protecting it requires more than a sturdy lock on the front door. It also requires a digital shield and a trained, watchful, professional eye.

If you would like more information or guidance on buying or selling property, please don’t hesitate to contact us. We’re here to help.

Why Your Final Wishes Deserve More Than Just an Algorithm

We live in a time when ‘there’s an AI for that’ has become a reality. From composing emails to generating a week’s worth of recipe ideas, artificial intelligence appears to be a practical solution for many everyday tasks. So, it was only a matter of time before these tools turned to the most dreaded of life’s administrative duties: the Last Will and Testament.

The benefits seem clear. Imagine it’s midnight on a Tuesday, and you suddenly realise you’re not immortal. A friendly chatbot offers to draft a Will for free in less than thirty seconds. This path avoids office visits, awkward savings discussions, or solicitors’ fees. However, while AI excels at predicting words, it cannot replace personalised advice from a qualified legal professional.

Unseen Risks

The greatest danger of modern AI lies in its confidence. It speaks with the assured tone of a High Court judge, even when it is hallucinating facts or confusing the laws of England and Wales with those of California.

Crucially, an algorithm is not a qualified solicitor. A human expert does something a chatbot never can: they listen to what you aren’t saying. When you tell a solicitor you want to leave everything to your children, they might ask about the estranged son you haven’t spoken to in a decade. They will warn you about the Inheritance (Provision for Family and Dependants) Act 1975, which allows specific people to challenge a Will if you exclude them.

AI lacks this legal intuition. It won’t flag ambiguous DIY wording, nor does it understand the nuance of blended families. It cannot advise on the shifting sands of Inheritance Tax thresholds. Instead, it simply follows a pattern of words, oblivious to the fact that a misplaced comma can alter the distribution of your estate.

Furthermore, the Wills Act 1837 governs the legal requirements for all Wills made in England and Wales. This Victorian legislation remains surprisingly persistent. Unless you sign and witness your Will in a very specific manner, the document essentially becomes a costly piece of scrap paper. An invalid Will often means your wishes go ignored, or worse, your loved ones face financial hardship or a stressful legal dispute.

The High Cost of “Free”

Using AI to save a few hundred pounds carries a stark irony. If a solicitor makes a mistake, they hold professional indemnity insurance and answer to a regulator (the SRA). You have someone to hold to account. Conversely, if an AI “hallucinates” a clause or relies on outdated law, you have no recourse.

We are already seeing a rise in family disputes over poorly drafted or unclear Wills. These battles drain finances and tear families apart. By the time the mistake surfaces, the testator is gone, and the chatbot has long since been updated. Your grieving family is left to pick up the pieces alone.

Our Advice

Technology is a tool, not a substitute for judgment. AI can help you write a wedding speech or a LinkedIn post, but a Will is the final statement you leave to the world. Your life is unique; your family is more than just data.

When you look to protect your loved ones, don’t rely on a machine that can’t tell the difference between a ‘beneficiary’ and a ‘buffer’. Some things are best done the traditional way—with a human who understands that a Will is more than a document; it’s a promise.

Please don’t hesitate to contact us for advice or information. We’re here to help.

Protecting Your Assets and Your Beneficiaries

When you consider the future, it is natural to want the people you love to be safe and well cared for. Estate planning goes beyond simply having a Will. It is about two equally important things; protecting your assets from outside risks and protecting your beneficiaries from challenges they may not be ready to handle.

Trusts are a wonderful and effective way to achieve this peace of mind. They ensure your hard-earned assets reach the right hands at exactly the right moment.

Why Use a Trust?

A trust is a helpful legal arrangement in which you hand over assets to trusted individuals (trustees) to manage on behalf of others (beneficiaries). Many families choose to use trusts to:

• Protect young children who aren’t quite ready to manage an inheritance.
• Support vulnerable family members without affecting their benefits.
• Guide how and when money is used, like for education or housing.
• Safeguard assets from risks such as divorce, other challenges, or bankruptcy.

Common Types of Trusts

There isn’t a one-size-fits-all “standard” trust; the best choice really depends on your family’s unique circumstances.

Revocable and Irrevocable Trusts

A revocable trust is flexible, allowing you to change or revoke it during your lifetime, which can be quite convenient. On the other hand, an irrevocable trust is more permanent and offers less flexibility, but can come with better tax benefits and stronger protection from creditors.

Living Trusts and Will Trusts

A living trust is created while you’re still alive, helping you manage assets smoothly and avoid a lengthy probate process later on. A Will trust, however, is incorporated into your Will and only takes effect after you pass away.

Trusts with Specific Purposes 

• Bare Trusts are straightforward. They immediately transfer assets to the beneficiary, though trustees often hold them until the beneficiary reaches age 18 (or 16 in Scotland). While they are frequently used for children, a Bare Trust can be set up for an adult at any time. 

• Discretionary Trusts grant trustees significant authority. They decide how much money to distribute and to whom, which is very helpful if your family’s needs might change over time.

• An Interest in Possession Trust allows a beneficiary to receive income from the trust for their lifetime, while the capital eventually goes to another person.

• Trusts for Vulnerable People are designed to support individuals with disabilities, often offering tax advantages to ensure more funds go directly toward their care.

• Protective Trusts are a safeguard, helping beneficiaries who might otherwise overspend or be vulnerable to debts.

• Charitable Trusts enable you to leave a meaningful legacy for causes close to your heart, with the added benefit of potential tax reductions.

Mixed Trusts

Sometimes, blending different trust types makes the most sense. For example, some assets might be held in a Bare Trust for a child, while others are managed in a Discretionary Trust for the broader family. 

Common Trusts Comparison

Here’s a brief overview of the most common trust structures. It shows who is in control, who receives the money, and why you might prefer one over another.

 

Trust Type	Who Controls The Assets	Who Benefits	Best Used For
Bare Trust	Trustees hold the assets until the beneficiary is 18 (16 in Scotland).	One specific person who has an absolute right to all capital and income.	Simple gifts to children/grandchildren or straightforward asset management for adults.
Discretionary Trust	Trustees have full power to decide who gets what and when.	A group or "class" of people (e.g., "all my grandchildren").	Protecting assets from a beneficiary’s divorce, debt, or poor spending habits.
Interest in Possession Trust	Trustees manage the assets but must pay out all income.	An "Income Beneficiary" gets the profit/rent for life; "Capital Beneficiaries" get the rest later.	Providing for a spouse while ensuring the family home eventually goes to children.
Vulnerable Beneficiary Trust	Trustees manage the funds specifically for a person with a disability.	A disabled person or a bereaved minor.	Maximising tax breaks and protecting a vulnerable person's eligibility for state benefits.
Charitable Trust	Trustees manage the assets for a specific cause.	Registered charities or specific charitable purposes.	Leaving a lasting legacy and reducing your estate's Inheritance Tax bill.

Registering a Trust

To help keep things transparent, the UK government requires most trusts to be registered with HMRC’s Trust Registration Service (TRS). This is a standard requirement under anti-money laundering rules.

Even if your trust doesn’t owe any tax, you will likely still need to register it. Generally, you must register a UK “express trust” (one specifically created by a person) if:

• It was set up on or after 6 October 2020.
• It has become liable for any UK tax.

In most cases, you have 90 days from the date the trust is created to complete this registration. It is an important step to ensure your trust remains compliant and legal, so it’s always best to check if this applies to you early on. 

A Note on Timing and “Deprivation of Assets”

While trusts are excellent for protection, it is important to set them up for the right reasons and at the right time. Some people consider moving assets into a trust specifically to avoid future care home fees. However, if a local authority decides that the main reason for a trust was to bypass these costs, they may view it as a ‘deliberate deprivation of assets.’

In these cases, the assets might still be counted as yours when calculating care costs. This is why we always recommend planning early. Setting up a trust long before any need for care arises ensures your arrangements are robust, clear, and compliant with the law. 

Our Advice

While trusts are a valuable tool for protection, they aren’t a one-size-fits-all solution. Getting expert advice is crucial. It helps ensure the trust is tailored to your unique circumstances. It’s important to feel confident in understanding the legal, tax, and administrative implications before you proceed.

If you’re concerned about how your beneficiaries might manage an inheritance, rest assured, you’re not alone. Trusts offer a variety of options to safeguard your loved ones while honouring your wishes responsibly.

Please don’t hesitate to contact us for advice or information. We’re here to help.

The Shadow of Delusion – Ginger v Mickleburgh [2026]

Testamentary Capacity & Mental Illness

The recent ruling in Ginger & Ors v Mickleburgh & Ors [2026] EWHC 100 (Ch) demonstrates that even a professionally drafted will can be challenged on the grounds of testamentary capacity. Decided in January 2026, this lengthy dispute emphasises the importance of applying the ‘Golden Rule’ and highlights the need for strict safeguards when drafting a will for older or vulnerable individuals.

Background to the Case

The dispute involved the estate of Michael Gwilliam, who died in February 2022. For most of his life, Michael was close to his four daughters and intended for them to inherit his estate. However, in 2014, Michael’s mental health deteriorated. He was diagnosed with late-onset schizophrenia, specifically persistent delusional disorder, and was briefly detained under the Mental Health Act after an incident involving an air rifle. After his discharge, he became convinced, without any evidence, that his daughters were conspiring to have him sectioned and were attempting to steal his property.

Encouraged by his sister and a companion (the Defendants in the case), who reinforced these paranoid beliefs, Michael drew up a will in December 2014. This document was a radical departure from his previous intentions. It left only 25% of the estate to his daughters and the remainder to the defendants who had validated his delusions.

The Legal Challenge

The daughters challenged the will on two primary grounds: 

1. Lack of Testamentary Capacity. Mr Gwilliam’s daughters argued that because Michael was suffering from ‘insane delusions’, this distorted his sense of right and prevented him from properly considering their claims.

2. Fraudulent Calumny. The daughters alleged that the Defendants had poisoned Michael’s mind by making false representations about them.

The Decision

HHJ Blohm KC declared the 2014 will to be invalid. Although Michael knew he was making a will and understood the value of his estate, he failed the Banks v Goodfellow (1870) test (a legal test for capacity). His mental illness had ‘poisoned’ his view of his family.

The judge found that Michael’s beliefs about his daughters were fixed, irrational, and delusional. Because these delusions directly caused him to exclude his children, the will was set aside. Michael was declared to have died intestate. Notably, the claim of fraudulent calumny failed because the defendants genuinely believed their own false claims. This proves that honestly held misinformation is a different legal beast than deliberate fraud.

Wider Implications

This decision is a cautionary tale for legal practitioners and families. The court gave the drafting practitioner’s evidence little weight. This was because they relied on a basic checklist rather than a deep probe into the testator’s motivations. Practitioners must be the first line of defence for older and vulnerable clients.

The ruling makes the “Golden Rule” vital when a client suddenly changes their mind or expresses hostility toward their family. In these cases, a medical assessment is essential. It confirms that decisions are the client’s own and not driven by a mental disorder. We must provide a safe, private space where vulnerable individuals can speak freely without outside pressure. Ultimately, protecting a client’s interests is more than a “tick-box” exercise. It requires legal and medical professionals to work together to ensure final wishes are genuine.

Our Advice

Having a doctor assess an older person’s capacity to make a Will can be an uncomfortable but necessary conversation. While it doesn’t guarantee the Will won’t be challenged, it greatly weakens a claimant’s case if such medical evidence is available. Please don’t hesitate to contact us for more information or advice. We’re here to help.

Why Your Home’s EPC isn’t Just a Tick-Box Exercise

If you are planning to buy or sell a home this year, you may have noticed that the Energy Performance Certificate (EPC) has suddenly moved from the back of the sales pack to the very forefront of the conversation. In early 2026, the property market reached a tipping point. With the introduction of the government’s new Home Energy Model (HEM) and a shift in how banks approve mortgages, a property’s energy rating is now a key factor in its legal and financial saleability.

The Fabric First Revolution

The way a property’s energy performance is assessed has changed. While the old system was mainly based on the cost of fuel, the new energy performance standards (rolling out fully by October 2026) emphasise fabric performance. Essentially, this refers to how well your home’s building performs. That’s how well the walls, roof, and windows retain heat.

For those selling, this means invisible upgrades like cavity wall insulation are now being explicitly factored into valuations. For buyers, the new-style data offers a much clearer view of future running costs. If you are selling an energy inefficient home, you may find buyers use a low rating to negotiate a ‘retrofit discount’ to cover the cost of future mandatory upgrades.

Mortgages: The New “Green” Gatekeepers

The biggest change for the average person isn’t coming from the government, but from lenders. Green mortgages have become a primary tool for banks to manage their own carbon targets.

Energy Performance For Sellers

If your home is rated A, B, or a solid C, it is generally cheaper for a buyer to purchase because they can access lower interest rates. This makes your home more attractive and can lead to a quicker sale.

Energy Performance For Buyers

We are seeing more cases where lenders are tightening criteria or reducing “Loan to Value” (LTV) ratios for properties rated D or below.

New Property Information Mandatory

From a conveyancing perspective, 2026 is a landmark year. As of 30th March 2026, the 6th Edition of the TA6 Property Information Form is mandatory for all CQS-accredited firms.

This updated form requires much more detail on low-carbon technology and your home’s energy performance. If you have installed heat pumps, solar panels, or high-end insulation but haven’t kept the warranties and commissioning certificates, you may face significant delays during the enquiries stage. Evidence is everything.  You must keep a well-organised file of all your energy-related paperwork. It is just as vital as your FENSA certificates or gas safety records.

Inaction is a Risky Strategy

With the government’s target of having all homes meet a minimum standard by 2030, the market is already dividing. Properties that are already efficient (referred to as the ‘Green Premium’) are holding their value, while those needing improvement face a brown discount.

If you are buying, you need to know the cost to upgrade a property before you exchange. If you are selling, check your EPC early. Often, quick wins, such as switching to 100% LED lighting or topping up loft insulation, can elevate your property into a higher band, safeguarding your equity. 

Our Advice

If you’re selling, don’t wait for a buyer’s surveyor to find a problem. Commission an energy performance assessment early to identify hurdles. Providing accurate information on the TA6 is vital to avoid future claims for misrepresentation. Buyers should look beyond the asking price. Ask your legal team to scrutinise the energy section of the TA6 form early in the process to avoid inheriting a retrofit debt.

Hiring an experienced lawyer who understands these 2026 shifts can make the difference between a collapsed chain and a successful completion. Please contact us today for a bespoke conveyancing quote. We’re here to help.

Helping Your Child Buy A Property

The ‘Bank of Mum and Dad’ is firmly established among the top ten lenders in the UK. Once seen as a leg-up for first-time buyers, it is now a significant source of support for those who already own a property. Recent market data from Barclays shows a significant shift: nearly 20% of ‘second-steppers’ now rely on family support to move into their next home.

As the gap between the value of a first property and a forever family home widens, parents are contributing an average of £81,451 to help their children take that second step.  Amid current market pressure, it is clear that 2026 will see even more children rely on parental support to secure a home.

However, transferring a large sum between generations can be a legal minefield. If you don’t follow the correct procedure, you could delay the house purchase, face an unexpected tax bill, or even lose your investment entirely if your child’s relationship ends. Here are the key points you need to know before you transfer the money.

Second Steppers 

It is no longer just about getting a foot on the ladder. Many parents are now helping their children avoid the traditional starter home altogether or helping them move out of a flat into a detached or semi-detached house.

If you are supporting a child who already owns a property, the legal considerations change. You may need to look more closely at how your contribution affects their Stamp Duty liabilities or how it sits alongside the equity they have already built up in their current home.

Gift vs. Loan

Before your child views a house, decide whether this money is a gift or a loan. This decision affects both your child’s mortgage and your legal rights.

Choosing to gift is the simplest option. Most mortgage lenders prefer a non-repayable gift because it does not increase the buyer’s monthly liabilities. They will require you to sign a Gifted Deposit Letter. This document confirms that you have no legal interest in the property and that you don’t expect the money back. Once signed, you cannot change your mind.

If you choose to lend the money and expect repayment (even without interest), you need a formal loan agreement. However, be aware that many lenders view this as an additional monthly outgoing for your child, which could reduce the amount they are willing to lend.

The Importance of a Paper Trail

Anti-Money Laundering (AML) regulations are now more rigorous than ever. Your child’s solicitor isn’t just being difficult when they request your bank statements; they are legally obliged to verify the source of your funds. Typically, they will ask for 3–6 months’ worth of bank statements to confirm the source of the funds. This can include long-term savings, a house sale, or an inheritance. If the funds come from a family friend rather than a direct relative, the verification process is often even more thorough.

Protecting the Equity from Ex-Partners

This is especially vital for second-steppers who may be buying with a spouse or long-term partner. If your child is putting £100k of their own equity into a house and you are adding another £80k, you need to ensure that the ‘Declaration of Trust’ reflects these specific amounts.

This legal document sits alongside the title deeds and specifies exactly who receives what if the property is sold. By choosing a tenants in common ownership structure, you can ring-fence your contribution.

 

Ownership Type	What Happens to Your Money
Joint Tenants	Usually split 50/50, regardless of who paid what.
Tenants in Common	Shares can be 70/30, 60/40, or whatever is most appropriate.

 

Without these protections, a relationship breakdown could see the family’s generational wealth split down the middle with a former partner.

The Seven-Year Inheritance Tax Rule

Under current law, if you gift the money, it is treated as a Potentially Exempt Transfer (PET). If you live for seven years after making the gift, it is usually exempt from Inheritance Tax (IHT). However, if you die within those seven years, the gift may be subject to up to 40% tax.

Alternatively, if you lend the money, the outstanding debt remains part of your estate upon your death. Either way, it is vital to keep a clear record of the date and amount of the gift for your executors to avoid a messy HMRC investigation later.

Financial Support Checklist

Use this checklist to confirm you’ve covered all essentials before the completion date:

1.  Decide on the Structure: Is it a gift, a loan, or an equity stake?

2.  Prepare a Declaration of Trust: Essential if your child is purchasing with someone else.

3.  Review Existing Equity: If your child is selling a property, ensure your contribution is documented separately from their existing home equity.

3.  Organise Your Paperwork: Have six months’ bank statements ready for the solicitor.

4.  Review Your Retirement Savings: Make sure you have sufficient funds for the long term.

5.  Sign the Gift Letter: If you are gifting, ensure it is correctly witnessed to avoid delays.

6.  Review or Make a Will: A large gift or loan may affect how you want to distribute your estate.

Our Advice

Helping your children buy a home is a thoughtful and caring gesture, but it’s important to have everything in writing rather than rely on a handshake. In a market where the average parental contribution now exceeds £80,000, you cannot afford to wing it. Legal clarity doesn’t mean you lack trust in your family; it’s about safeguarding their future—and yours too.

Our specialist estate planning team can help you create a comprehensive estate plan that protects your assets and reflects your wishes. Contact us today. We’re here to help.

Do I Need a Trust?

In the legal world, there’s a common saying: “A Will is for the deceased, but a Trust is for the living.” If you followed our advice earlier this year, you likely feel better about making a Will. It provides the crucial foundation to ensure your estate is managed according to your wishes, rather than defaulting to impersonal intestacy laws.

However, a Will has its limitations. It is essentially a one-off directive that takes effect only after your death. Many clients ask us a deeper question: Is a Will enough, or do I need a trust?

Limitations of a Will

Once probate is granted, a Will becomes public, allowing anyone to access estate details for a fee, see your assets and beneficiaries. Furthermore, it offers limited protection if beneficiaries face challenges such as divorce, financial difficulties, or means-tested benefits.

This is where a trust can make a difference. Think of a trust as a protective vehicle. While a Will is like a set of instructions, a trust moves your assets out of your personal estate and into the care of trustees. It’s not just about giving a gift; it’s about creating a legacy with a built-in safety net.

Probate Privacy & Speed

One advantage of setting up a Trust is its speed. The probate processes can be slow, often delaying families from accessing funds for months. Since assets in a Trust are owned by the Trustees, they can provide immediate access to the needed resources, which is especially helpful during times of emotional stress. 

Your Property

Many consider their home their most valuable asset, yet it can be at risk. One issue is “sideways disinheritance,” where a surviving spouse remarries, and the home passes to the new partner’s family rather than the children. A property protection trust, for example, can provide a compassionate solution, allowing the survivor to stay in the home for life while safeguarding the capital for the children. It balances the survivor’s needs with the wish to remember the children. As the saying goes, “I want you to be looked after, but I want our children to be remembered.”

Deprivation of Assets

When discussing trusts, the conversation often turns to care home fees. You might have heard of “Deprivation of Assets“. This rule allows Local Authorities to disregard a gift if it appears to be made to avoid care costs. Be aware! Transferring assets into a Trust while you’re healthy and not expecting care is generally a wise estate planning strategy. However, doing so when care is already needed can backfire. A Trust should primarily offer strong protection—such as preventing inheritance disputes or shielding vulnerable heirs. It should not simply try to outsmart the system.

Our Advice

Staying grounded is key. Trusts aren’t always necessary; they involve initial costs. Furthermore, from 2026, many must be registered with HMRC’s Trust Registration Service (TRS). If your estate is simple and within the Inheritance Tax thresholds, a carefully drafted Will might suffice.

However, if you have a larger estate, a blended family, or need to safeguard a vulnerable loved one, a trust becomes a vital tool. It moves your focus from asset distribution to protection. Please don’t hesitate to contact us for more information or advice. We’re here to help.

The Executor’s Dilemma: Can You Challenge the Will?

In this blog, we explore a common concern for executors: whether a Will is truly valid. We look at the legal concepts involved and the potential risks an executor might face. Imagine a typical situation: someone is named as an executor in a Will, but as they review the document or consider how it was created, they start to suspect something isn’t quite right. Maybe they think the person who made the Will wasn’t mentally capable, or they wonder whether someone else pressured the person who made the Will (known as the testator).

It’s natural to question whether the person defending the Will can also be the one challenging it. The answer is a careful “yes,” but doing so can entail significant legal challenges and professional risks.

The Executor’s Dual Identity

When you’re named an executor, you take on two roles. On a personal level, you might be a beneficiary or a family member. Professionally, you act as a fiduciary.

As a fiduciary, your primary responsibility is to the estate. This usually means following the instructions in the Will. Consequently, challenging the document you were appointed to protect creates a direct conflict of interest. Handling the situation with care is therefore essential.

Grounds for a Challenge

An executor has the right to challenge a Will in England and Wales, just as anyone else with a vested interest can. Recent cases have tested some grounds for a challenge in court:

1. Lack of Testamentary Capacity

Lack of testamentary capacity means that the testator lacks the necessary mental capacity to create or amend a valid Will at the time of signing. It indicates an inability to understand the nature of the act, their assets, or who should inherit. This may be due to dementia or illness. In Leonard v Leonard [2024] EWHC 321 (Ch), the court set aside the Will for this reason, even though a professional had drafted it.

2. Undue Influence

This happens when someone pressures or coerces the deceased into signing the Will. This was recently examined in Jenkins v Evans [2024] EWHC 2730 (Ch), which focused on family pressure and the importance of neutral executors.

3. Improper Execution

When a Will doesn’t comply with legal requirements, such as the absence of the necessary witnesses, grounds for a legal challenge arise.

4. Fraud or Forgery

Fraud or forgery happens when a Will is forged or founded on intentionally misleading statements made to the deceased.

The Risks of  “Renouncing” Your Role

If you decide to challenge the Will, bear in mind that you usually can’t remain the executor. Courts view this as a “breach of duty”. To proceed, you typically need to:

1. Renounce Your Appointment

Step down and decline to act as the executor.

2. File as an “Interested Person”

Approach the court as a beneficiary or claimant rather than as an estate representative.

Attempting to challenge the Will while still serving as executor may lead the court to remove you, and you could also be held liable for delaying the probate process.

Strategic Considerations

Action	Outcome
Remain Executor	You must defend the Will, even if you doubt its validity. To avoid personal liability for costs, you must remain strictly neutral and allow the beneficiaries to fight the legal battle themselves.
Challenge the Will	You must resign (renounce), lose control of the estate, and pay your own legal fees. If the court rules against you, you risk being ordered to pay the other side’s costs as well.
Neutrality	You can ask the court for "directions" if the Will is ambiguous, or its validity is in question. If the court grants these directions, your legal costs are typically a legitimate expense to be paid for by the estate.

Practicalities

Before signing a Deed of Renunciation and surrendering your authority, gather all necessary evidence. Search for earlier versions of the Will, as the estate usually reverts to the previous valid version if the current one is invalidated. Look for signs of confusion or illness around the signing date.

Request information from the person who drafted the Will. However, be cautious, as courts do not tolerate delays. In Addison v Niaz [2024] EWHC 3124 (Fam), a professional was ordered to pay over £5,700 in costs for failing to provide information promptly.

Our Advice

An executor can challenge a Will, but they usually cannot do it while holding the keys to the estate. If you believe a Will is invalid, act quickly. The courts demand transparency, and ‘sitting on the fence’ can result in substantial costs being personally imposed on you.

If you need advice or information, please don’t hesitate to contact us. We’re here to help.

Keeping Your LPA Current

How to Change or Replace Your Attorneys

A Lasting Power of Attorney (LPA) isn’t just a “set it and forget it” document. As life evolves—marriages happen, friendships change, and people move away—the people you chose five years ago to look after your health or finances might not be the right fit today.

If you are unsure whether your LPA still reflects your wishes, here is a brief overview of what you need to know about making changes.

Removing an Attorney

As long as you still have mental capacity, you can remove an Attorney. If an Attorney is no longer the right fit—perhaps because of issues in your relationship, their health concerns, or just a change of heart—you can revoke their powers. 

The Process

You need to send a “Deed of Revocation” to the Office of the Public Guardian (OPG). You can’t simply “swap” names on an existing form. If you want to add someone new as a primary Attorney, you usually need to create a brand-new LPA. 

The Power of “Replacements” 

Think of replacement Attorneys as your “backup plan.” By naming them when you first create your LPA, you ensure that if your primary Attorney can no longer act, your affairs don’t end up in a legal vacuum.

Replacement Attorneys usually step in if the original Attorney:

• Passes away.

• Loses mental capacity.

• Declines the responsibility (disclaims). 

• Becomes bankrupt (specifically for Property and Financial Affairs LPAs). 

When a Replacement Steps In 

There is often confusion about whether a replacement remains in the role.

Permanent Replacement

If a primary Attorney dies or is permanently removed, the replacement takes over the role permanently. 

The “Step Back” Rule

In specific circumstances where an Attorney is only temporarily unable to act, the replacement may fill the gap until the original Attorney is fit to return.

NB: If your LPA is set up so that your Attorneys must act “jointly” (meaning they must agree on everything), the loss of one Attorney could cancel the entire LPA unless you have named replacements. 

If You Lose Capacity 

If you lose mental capacity and an Attorney acts improperly or cannot perform their duties, you cannot change the LPA. In these cases, an application must be made to the Court of Protection. This process can be lengthy and expensive, which is why choosing the right people (and backups) from the start is so vital. 

Our Advice 

Don’t wait for a “curveball” to find out your legal protections are outdated. Whether you need to revoke an Attorney, appoint a new one, or create your very first LPA, we can guide you through the process. Please don’t hesitate to contact us for a review of your current documents or an instant quotation. We’re here to help.

Freehold vs. Leasehold: What Are You Actually Buying?

However, many buyers don’t realise that they aren’t always buying the land the house is on. In England and Wales, property ownership mainly falls into two categories: Freehold and Leasehold. Understanding the differences can really help you avoid unexpected costs and potential legal issues down the line.

Freehold: You Are the Master of Your Castle

Buying a freehold gives you full ownership of the building and land, registered as the “freeholder.’ Benefits include no ground rent or service charges, and freedom to decorate, extend, or have pets. However, you’re responsible for repairs, maintenance, and insurance.

Freehold is probably the simplest form of property ownership because there’s no landlord or ground rent involved. While most houses in England are sold as freehold, there are some exceptions. 

Leasehold: A Long-Term Right to Occupy

Understanding leasehold properties can be complex. With a leasehold, you have the right to live in a property for a set number of years, called the “term.” The land and structure belong to the landlord.

You usually pay service charges for communal cleaning and repairs, as well as ground rent to the landlord. Be aware of “restrictive covenants” that may restrict things like wooden flooring, subletting, or owning a dog. When the lease ends, ownership reverts to the landlord. Most prefer a lease with 90 to 125 years remaining for peace of mind.

Flats are often sold as leasehold due to shared ownership. This was common for some houses too, but less so after 2019, when most new-build houses can’t be sold as leasehold, with few exceptions. 

Leasehold Reform

The Leasehold and Freehold Reform Act has made the system much fairer for homeowners. If you are buying now, you may benefit from:

• An ability to legally extend your lease by 990 years, effectively ending the “ticking clock” worry.
• No longer needing to own a flat for two years before extending the lease. You can start the process the day you move in.
• The abolition of a complex fee called “marriage value”. This makes it much cheaper to extend a lease that has dropped below 80 years.
• Almost all new-build houses are being sold as freehold. 

Things to Watch Out For

Keep a keen eye out for specific terms in your contract. When you see words like “Doubling Ground Rent,” “Section 20 Notices,” “Review Periods,” or “Event Fees,” it’s wise to ask your solicitor for a clear explanation. Doubling ground rent can make selling your home trickier down the line, so it’s important to know what you’re signing. Section 20 notices are important because they cover major repairs and potential costs that could result in a large one-off bill. Check whether your service charges are capped or could increase indefinitely to avoid surprises later. And if you’re considering retirement living, be aware that Event Fees—sometimes up to 10% of the sale price—could apply when you sell your home. Being informed helps you feel more confident and in control of your property journey. 

Our Advice

A freehold offers more freedom and fewer monthly fees, while a leasehold is often a more affordable entry point into the property market. Thanks to recent reforms, leaseholders now have more power and protection than before. Just ensure your solicitor checks the “fine print” before you exchange contracts.

If you would like more information or guidance on buying property, please don’t hesitate to contact us. We’re here to help.

Write or Review Your Will This Year…

The New Year is a great time for renewal and fresh starts. It’s a perfect moment to set new resolutions and organise our lives. While many focus on goals like fitness or saving money, one genuinely meaningful resolution is to consider your family’s future—review or create your Will.

Don’t delay; acting now can bring peace of mind and ensure your wishes are honoured.

Have You Made a Will?

If the answer is no, you’re not alone. Many put off making a Will because they believe their assets are simple, their family already knows their wishes, or that their partner will automatically inherit everything. But remember, without a legally valid Will, your estate is divided according to the rules of intestacy.

It’s important to understand that it’s the law, not you, that determines who inherits your property. This process can sometimes be lengthy and complicated for your loved ones. Plus, when children are involved, you won’t be able to appoint guardians for your children formally. Creating a Will allows you to state your wishes clearly.

When Should You Review an Existing Will?

Having a Will isn’t a “set it and forget it” document. Life changes quickly, so it’s wise to review your Will every 3 to 5 years or after significant life events.

Key moments to revisit include:

1. Marriage, remarriage, or Civil Partnership: Marriage revokes previous Wills.
2. Dissolution or Divorce: Usually doesn’t cancel a Will but affects inheritance.
3. Birth of Children or Grandchildren: Update beneficiaries or guardians.
4. Death of a Beneficiary or Executor: Select replacements.
5. Significant asset changes: Buying or selling property, or receiving an inheritance, require updates.

Regular reviews ensure your Will reflects your current wishes.

Risks of DIY Wills

While DIY wills are pretty popular because they are easy to access and inexpensive—sometimes costing less than £10—it’s important to remember that they can also carry risks. Even small mistakes in signing, witnessing, or phrasing the Will can render it invalid, potentially causing problems for your loved ones later.

DIY wills may not address complex family situations, tax issues, or unexpected events like a beneficiary passing away before you. These problems can result in legal disputes and your estate being distributed according to strict laws rather than your true wishes.

Ultimately, the money saved upfront often ends up costing much more to fix or contest a flawed DIY will after you’re gone, making professional advice a sensible investment.

Our Advice

Make this the year you take control of your legacy. Creating a Will is more than just dividing assets; it’s about bringing security and peace of mind to everyone you care about. We understand that drawing up a Will might seem a bit daunting or sad at first, but once it’s done, you’ll feel so relieved knowing your wishes are in place and you’ve chosen someone you trust as your executor.

Don’t delay – contact us today for an instant quote and start protecting your family’s future. We’re here to help!

Why Joint Tenancy Might Catch You Off Guard

When you buy property with a partner, many couples opt for joint tenancy because it appears simple. While it is a popular choice for married couples, it also involves significant, often hidden, risks that may not be immediately apparent. These risks can lead to complications if a relationship changes or if one owner dies unexpectedly.

Building on what we discussed in our previous blog, let’s take a closer look at the main disadvantages of joint tenancy. We will also provide two examples to illustrate why choosing the correct ownership structure for your specific circumstances from the outset is so crucial. 

Potential Pitfalls

The main feature of joint tenancy is the right of survivorship, which is both its advantage and its biggest flaw. The right of survivorship means that when one joint tenant dies, their share automatically goes to the remaining owner(s), regardless of what’s written in their Will.

Loss of Control

However, it’s essential to be aware of the loss of control this entails. If you pass away, you can’t choose to leave your share to children from a previous marriage, other family members, or a trust—your Will isn’t able to override the property title.

Breaking a Joint Tenancy

Many people believe that a joint tenancy cannot be broken, but in fact, it can be terminated without the agreement or even the knowledge of your co-owners. This can occur in several ways:

– By one party filing a Notice of Severance (Form SEV) with the Land Registry.

– Through a formal sale or transaction.

– If one party takes out debt secured against the property, such as a charge or charging order. If that person passes away, the joint tenancy is immediately severed and converted into tenants in common. This is a surprising and risky aspect to be aware of, because it effectively removes the fundamental survivorship rule. 

Scenario One: The Power of Unilateral Severance

The financial trap described in this case focuses on an important point: joint tenancy is not automatically granted. It can actually be terminated unilaterally—without requiring the agreement of both parties. This case really demonstrates how powerful a simple notice can be.  

Kinch v Bullard [1998] 4 All ER 650

Background

In the case of Kinch v Bullard (1998), a divorcing couple, Mr and Mrs Bullard (initially Johnsons), were beneficial joint tenants of their home. As they went through a divorce, the wife—who was terminally ill—wanted to sever the joint tenancy.

Her solicitor sent a notice of severance by first-class post to their home. Sadly, before her husband could receive or read it, he suffered a heart attack. Recognising that she could now inherit the entire property through survivorship if the tenancy wasn’t severed, she retrieved the letter from the mailbox and destroyed it.

Legal Challenge

After both tragically died shortly afterwards, their executors found themselves in a dispute over who owned the property. The key question was whether the notice of severance had been effectively served under the Law of Property Act 1925, or if her destroying the notice could reverse the severance.

Consequences

The court concluded that the notice was served when it was placed in the husband’s mailbox. The fact that Mrs Bullard destroyed it did not alter this. Essentially, Mrs Bullard left it to the post office to serve the notice on her behalf, and they did so correctly. Consequently, the right of survivorship was broken, and Mr Bullard’s share passed through his Will rather than to Mrs Bullard via survivorship.

Scenario Two: Intestacy and a Minor Child

This example highlights the serious consequences that can happen when a joint tenancy is ended without a Will in place.

Background

A couple, Sarah and Ben, who shared their home as joint tenants. They had a child, Leo, and never wrote a Will. Ben owed significant personal debts, and a creditor successfully registered a charging order against the property, which instantly severed the joint tenancy.

When Ben unexpectedly died, Sarah was shocked to find that she didn’t automatically inherit the entire house. Instead, because Ben didn’t leave a Will, his 50% share went to his ten year old son, Leo, under the rules of intestacy.

Consequences

Sarah now co-owns the house with her ten-year-old son. She cannot sell, transfer, or remortgage the property because any transaction involving Leo’s share requires court approval.

Sarah is stuck with an expensive mortgage she cannot change. Additionally, managing Leo’s share involves costly court applications and the appointment of a court-approved solicitor to act on Leo’s behalf.

This tragic situation—where a creditor’s charge secretly removed the Right of Survivorship and forced the family into costly court proceedings—is a stark reminder of the importance of Wills and the need for a protective legal structure for beneficial ownership. 

Our Advice

If you’re a joint tenant, consider whether you want full control over your share. If you have children from a previous relationship or want to put your share into a trust, being a tenant in common might be a better option.

Think about whether debt could be a concern. If so, ending the joint tenancy can help protect your share from financial issues.

Remember your Will. It only applies to your share if you’re a tenant in common; if not, it won’t control the property.

If Joint Tenancy isn’t suitable for you, you can switch to tenants in common by serving a notice of severance. Seeking specialist legal advice is essential to ensure the documents are correctly drafted. If you want more information or to speak with our team, please don’t hesitate to contact us. We’re here to help.

Buying A Property Together

Buying a property with a partner, family member, or friend is an exciting milestone, but it also involves making essential legal decisions. One of the most significant choices you will face is deciding on your legal ownership structure and understanding how it influences your equity. This decision not only affects your rights while you own the home but also determines what happens if your relationship changes or one owner passes away.

Here is an overview of the main methods to hold property jointly and how you can safeguard your financial contributions.

The Two Pillars of Joint Ownership 

In England and Wales, when two or more people buy property together, they can choose between two legal arrangements: joint tenants or tenants in common. This choice affects how ownership is shared and, most crucially, how the equity is divided.

1.  Joint Tenants

Sometimes called beneficial joint tenants, this is a common choice for married or long-term partners. There are some important points to consider, including:

• You and your co-owner(s) share the entire property equally, with no separate shares. Legally, you are regarded as one single entity.

• The ‘Right of Survivorship’ is a key feature. If one owner dies, their interest automatically passes to the remaining joint owner(s), regardless of what’s written in a Will. This means you cannot leave your share to someone else.

• When the property is sold, or the joint tenancy is terminated – or officially ended – the proceeds are divided equally. This occurs even if contributions to the deposit or mortgage were not the same.

2. Tenants in Common

This option is often preferred when contributions vary or owners wish to leave their share to specific beneficiaries. For example:

• Each owner holds a distinct, clearly identified portion of the property. These shares can be equal (such as 50/50) or different (like 60/40 or 75/25), depending on their financial contributions.

• If an owner dies, their share does not automatically transfer to the remaining owner(s). Instead, it is allocated according to their Will or, if there is no Will, according to intestacy laws.

• When the property is sold, the proceeds are divided according to the fractional shares they hold.

Property Ownership – Key Features

Feature	Joint Tenants	Tenants in Common
Ownership of Equity	Always equal shares (treated as one entity).	Defined shares (can be equal or unequal, e.g., 60/40).
Inheritance Rule	Right of Survivorship: Share automatically passes to the surviving owner(s).	No Right of Survivorship: Share passes according to the deceased owner's Will (or intestacy rules).
Will Control	You cannot leave your share to someone else in a Will.	You can leave your specific share to anyone in your Will.
Protecting Investment	Difficult, as shares are always equal.	Excellent for protecting unequal investments (requires a Declaration of Trust).
Typical Scenario	Married couples and long-term partners with equal contributions.	Friends, siblings, or partners with unequal contributions or existing children/family they wish to inherit.

How to Protect Your Equity: The Declaration of Trust 

If you’re considering being tenants in common or have unequal financial contributions as joint tenants, a Declaration of Trust—sometimes called a Deed of Trust—is a valuable tool. It’s a legal document that clearly shows who owns what in the property, making your agreements official and easy to understand. 

Why is This so Important? 

Without it, the law might assume an equal 50/50 ownership split, which could be unfair if one person contributed more. This could lead to complications when selling or if circumstances change.

Using a Declaration of Trust allows you to protect your initial contributions by ensuring the person who paid a larger deposit receives that amount first from the sale proceeds. You can also specify different ownership shares, such as 70% to 30%, to accurately reflect each person’s contribution.

It’s also an excellent way to outline responsibilities for ongoing payments like the mortgage or maintenance, and to plan for the situation if you decide to part ways. Moreover, it helps establish a clear process for resolving disagreements or managing future sales, making things run more smoothly and avoiding stressful legal disputes. 

Can I Change the Ownership Structure?

Yes, you can change your legal ownership structure after buying a property. The most common change is switching from joint tenants to tenants in common. This process is called severing the joint tenancy. 

How is Joint Tenancy Severed?

Severing a joint tenancy is generally a simple legal process that usually does not require the agreement of the other owner(s) if done correctly. This process involves:

1. The person wishing to sever the joint tenancy must send a formal notice of severance to the other joint owner(s).

2. You then register the severance with the Land Registry using Form SEV. This informs any potential buyer or lender that the property is now held as tenants in common.

Once the joint tenancy is severed, the parties automatically become tenants in common with equal shares (e.g., 50/50), unless a Declaration of Trust is created at the same time to specify unequal shares. 

When to Consider Severing the Joint Tenancy

Individuals often consider changing their ownership structure for the following reasons:

1. A primary reason is for estate planning. By becoming tenants in common, you gain the ability to leave your specific share of the property to a beneficiary in your Will (e.g., children from a previous relationship).

2. If a couple separates, severing the joint tenancy ensures that if one party dies before the financial settlement is finalised, their share passes according to their Will, rather than automatically to the former partner.

3. If one party contributes significantly more towards a mortgage repayment or major renovation after the initial purchase, severing allows them to create a Declaration of Trust reflecting the new unequal beneficial ownership. 

Our Advice 

Deciding how to hold your property is a crucial legal decision that significantly impacts your finances. This choice is especially important for unmarried couples. They do not automatically receive the same legal protections as married couples if they separate.

If an individual contributes unevenly, or if one person uses a gift or inheritance for the deposit, take action. The most effective way to legally protect individual investments is to establish a Tenancy in Common supported by a Declaration of Trust.

If you would like more information or guidance on co-ownership of property, please don’t hesitate to contact us. We’re here to help.

Do You Need a Will to Decide Your Funeral?

Putting off making a Will is common (and understandable), but this postponement causes unnecessary difficulties for your family. Moreover, while you can include funeral details—such as cremation, burial, the type of service, and music—in your Will, relying solely on it for planning involves risks. A Will often comes too late to legally determine arrangements, but it always holds an important role. In England and Wales, the personal representative of the estate has the authority to manage the body and make final funeral decisions.

With a Will: The Role of Your Executor(s)

When you have a Will, the executor(s) you name become the personal representatives. They hold the legal authority to manage your remains and make final decisions about funeral arrangements, such as burial or cremation. If you name more than one executor, they share this responsibility equally.

This authority takes precedence over the wishes of a spouse, children, or other family members. The executor(s) also handle the funeral bills using funds from your estate. 

Without a Will: The Role of an Administrator

When someone passes away without leaving a Will, an administrator is appointed based on the rules of intestacy. This process follows a specific hierarchy of the closest living relatives—spouse or civil partner first, then children, followed by parents, and so on. The person highest on this list has the legal right to apply as the administrator and takes charge of the funeral arrangements.

Crucially, the rules of intestacy do not recognise unmarried partners (cohabitees). Contrary to common belief, a long-term partner does not automatically have the legal right to arrange the funeral in this situation. 

Timing: Why the Will Isn’t Enough

The funeral generally occurs within weeks, but locating and legally proving your Will can take much longer. Your loved ones often start making arrangements before the executor has official legal authority.

Your Will is legally binding, but your funeral wishes aren’t.

The executor(s) must follow the rest of your Will’s instructions, but they are not legally obliged to adhere to your funeral preferences. Including your wishes still helps minimise disputes and offers a helpful initial guide for loved ones, but it does not guarantee compliance.

Our Advice

Don’t underestimate how reassuring clear guidance can be for your family. The most reliable way to share your preferences is to create a separate ‘letter of wishes or instruction’. This document outlines your preferences (music, readings, burial spot, etc.). Ensure your executor(s) and key family members know exactly where to find it. This provides timely, clear guidance when they need it most. Like funeral wishes in a Will, this letter is not legally binding, but it offers immediate, practical help.

Things to Consider 

No matter which path you choose, you may wish to consider:

• Disposition: Do you favour a burial or cremation? Where would you like your body to be buried, or your ashes to be kept?

• Service: Have you thought about a venue for the funeral and wake?

• Tributes: Who might you want to give a heartfelt eulogy? Are there readings, music, art, or photos you’d love to include?

• Donations: Would you prefer flowers or a donation to charity?

A truly personal funeral can bring comfort and joy to those you leave behind.

A quick note on organ donation. To make sure your wishes are clear, share your preferences both on the Organ Donation Register and with your loved ones.

Final Step: Talk to Your Family

The days and weeks following a loss are very emotional. Talk with your family today about what you want. This makes things simpler for everyone and helps make sure your preferences are clear.

Some people find reassurance in planning their own funerals beforehand, and pre-paid funeral plans can be an excellent choice. These plans help cover costs in advance and let you decide on many arrangements ahead of time.

If you need help or advice about making a Will or any other estate planning issue, please don’t hesitate to contact us. We’re here to help.

The Crucial Cover: Why You Must Insure Your Property at Contract Exchange

Securing Your Investment

The process of buying a house is complex, and therefore, it involves many legal steps. As a result, one essential requirement that demands careful attention is having buildings insurance from the moment you exchange contracts. This crucial stage is often overlooked or postponed, yet it is vital for protecting what is likely the most valuable investment you will ever make.

When the Risk Becomes Yours 

Crucially, when you exchange contracts, the legal risk immediately transfers to you, the buyer. Although you don’t legally own the house yet (that happens at “completion”), any damage that occurs during that period becomes your responsibility.

For example, as the buyer, you are required to buy the house even if it burns down or floods. Therefore, the seller is no longer liable for any damage; the risk now lies with you. The insurance company steps in to provide funds for repair.

Additionally, if you are applying for a mortgage, the lender will require this insurance. They are lending a significant amount of money, so their investment must be safeguarded. Without proof of insurance, a mortgage cannot be secured, and the house purchase cannot go ahead. 

Why You Need Cover

Imagine a fire or severe storm damaging the house just before your move-in date—protection against such unforeseen events is vital.

For instance, if a fire causes damage, insurance will cover reconstruction costs. Similarly, strong winds during a storm can damage the roof, and repairs will be covered by your policy. Floods resulting in water damage are also protected, ensuring you won’t have to bear the financial burden alone.

Without insurance, any damage would mean you pay out of pocket for repairs or rebuilding, which could lead to serious financial hardship.

Keep Completion Running Smoothly

Significantly, your legal team must verify that you have valid insurance before the completion date. Without this proof, the entire process could be delayed, risking postponement of your move and causing unnecessary stress.

It’s important to note that buildings insurance should start on the exchange of contracts; therefore, neglecting this can lead to serious financial issues. This insurance acts as a safety net, protecting your entire purchase from potential risks.

Leasehold & New-Build Properties

Special situations must be considered for specific property types: 

• Leasehold Properties: The landlord or management company generally manages the building insurance, and the leaseholder simply reimburses them. Your legal team will ensure that the policy is active and premiums are paid.

• New-Build Homes: As the buyer, you usually bear the risk from exchange until completion. However, if the property is only partially constructed, this period can be lengthy, and securing insurance may be challenging. You might prefer the developer to insure the property until all works are completed. 

Simple Insurance Checklist

Use this simple list to make sure your new policy is set up correctly: 

Items to Check	Cover Required
Rebuild Cost	Does the amount cover the full cost to rebuild the house (not just its market value)?
Start Date	Is the insurance active from the day you exchange contracts?
Lender Name	Is your mortgage lender's name listed on the policy?
What's Covered	Does it include events like fire, storm, and flood?
Empty House Rule	If the house is empty for a while, are you still covered? (Check the time limit)
The Excess	How much will you have to pay toward any claim before the insurance takes over?

This quick check ensures the legal rules are adhered to and your new home is safe from the moment the contracts are signed.

Our Advice

Although it’s easy to overlook the importance of insurance when excited about buying a new home, neglecting this step can be expensive if damage happens. If you have any questions or need guidance about your property, please contact us. We’re here to help.

A Line of Sight? The Perils of an Invalid Will

Lessons from Coady v Coady

Writing a Will is one of the most important things you’ll ever do. It allows you to decide who inherits your property, making sure your final wishes are followed. But simply signing a piece of paper isn’t enough. A Will must strictly follow legal rules. These rules, known as the formalities of execution, are described in Section 9 of the Wills Act 1837.

A recent High Court case, Peter Coady v Gerard Coady, provides a strong and timely reminder. It demonstrates how carefully courts enforce these rules—and the financial and emotional chaos that can occur when they are overlooked.

The Cornerstone of a Valid Will

In England and Wales, a Will must satisfy four statutory requirements to be valid:

1. In Writing and Signed: The testator (the person making the Will) must sign it, or instruct someone else to sign it for them in their presence.

2. Intention: The testator must sign with the intention of making the Will effective.

3. Presence of Witnesses: The testator must sign or acknowledge their signature in the simultaneous presence of two or more witnesses.

4. Witnesses Attest and Sign: Each witness must then attest and sign the Will in the presence of the testator. (They do not need to be in the presence of each other).

The most crucial, and often misunderstood, element is ‘presence’. Historically, this means the signing must occur within the testator’s clear line of sight.

The Background: Coady v Coady (2025)

This case concerned Kathleen Bernadette Coady’s Will, which she made in April 2020 during the first national COVID-19 lockdown.

The 2020 Will appointed her son Gerard as the sole executor and primary beneficiary. This replaced an earlier Will, made in 2017 that had favoured another son, Peter.

Because of social distancing measures, the execution of the 2020 Will took place under unusual circumstances. Mrs. Coady, the deceased, sat just inside her open back door, while the two witnesses, neighbours David and Edna Meeson, stood outside in the garden, approximately nine to twelve feet away.

After her death, Peter challenged the Will, claiming that the Will was not properly signed and witnessed, and that his mother lacked testamentary capacity. However, the case ultimately centred on the failure to comply with the strict formalities of execution under Section 9. 

The Key Finding: No Line of Sight

The court heard conflicting accounts of the signing ceremony.

The witnesses, the Meesons, stated the process felt “hurried.” Crucially, they testified that Mrs Coady did not sign or acknowledge her signature while both of them were present at the same time. Furthermore, when they signed the document, she could not see them. They described the deceased as “frail and silent, ‘like a zombie’.”

However, Gerard’s account differed. He asserted that the solicitor’s instructions were followed exactly, the Will was read aloud to Kathleen Coady, and the witnesses observed Kathleen’s signature. She also greeted and thanked both witnesses. The court, however, regarded this evidence as suspicious and untrustworthy.

While Judge Phillips acknowledged that the temporary legislation extension permitting Wills to be executed via video conference during the pandemic (the Electronic Communications Amendment Coronavirus Order 2020), he emphasised that the requirements for simultaneous presence and acknowledgement still applied. The court found that Mrs Coady neither signed nor acknowledged her signature in the presence of two witnesses at the same time. Nor did the witnesses sign in her presence.

The court therefore declared the 2020 Will invalid.

What This Means for Your Will

Coady v Coady emphasises three essential points for anyone making or reviewing a Will in the UK.

1. The Law Demands Strict Compliance: Will formalities are strict. Courts will not relax these rules, even for understandable difficulties like those faced during the pandemic. The decision emphasises that simultaneous presence and line of sight are sacrosanct. The Will was signed in a way that created “reasonable doubt” over whether Mrs Coady and her witnesses could see each other signing.

2. Witness Credibility is Key: In this case, the court regarded the independent evidence of the two neighbours as more credible than the account of the beneficiary son (Gerard). If independent witnesses testify that the statutory requirements were not met, a Will can still be invalidated.

3. Review Any ‘Pandemic Wills’: The legislation that temporarily extended the rules to allow remote witnessing via video-conferencing during the pandemic ended in January 2024. However, you should immediately review any Wills executed under unusual, socially distanced circumstances like those in the Coady case. A legal professional can ensure they meet the formal validity requirements.

The Consequence of an Invalid Will

When a Will is successfully challenged, one of two outcomes occurs: 

1. The previous valid Will takes effect: This happened in the Coady case, where the 2017 Will was upheld, completely changing the distribution of the estate.

2. The Rules of Intestacy apply: If no prior valid Will exists, the Rules of Intestacy distribute the estate. This could mean your estate goes to people you never intended to benefit.

Our Advice

Don’t let a line-of-sight technicality jeopardise your legacy. Use an experienced lawyer to draft and supervise your Will’s execution. This ensures the process is correct and your wishes are legally protected. For help or advice about making a Will, or any other estate planning issue, please don’t hesitate to get in touch. We’re here to help.

Three Steps to Sell Your Property Smarter and Faster

Selling a property is an exciting venture, but the legal process can quickly become complicated and slow down if you’re not prepared. Selling a house in the UK typically takes between 3 and 7 months from listing to completion. However, with proactive planning, you can achieve a faster, smoother, and less stressful sale. By being proactive, you can identify potential issues, avoid frustrating delays, and considerably simplify the entire legal process. 

Step 1: Gather all Documentation

A buyer’s lawyer will quickly request a set of documents. Having these ready from the start will save weeks of back-and-forth later.

• Property Deeds/Title Documents: Find your official Title Number and verify the details of your property’s registration. If you have a mortgage, your lender may hold the original deeds, but the Land Registry’s electronic register is the ultimate legal record of your ownership. Your solicitor will use your title number to quickly obtain the official copies needed for the contract package.

• Mortgage Information: Request a current statement from your lender showing the latest balance.

• Warranties and Guarantees: Gather all guarantees for completed works on the property, such as damp-proofing, roof repairs, or new boiler installations.

• Energy Performance Certificate (EPC): Obtain a valid EPC before listing the property. This certificate is legally required for marketing. If your current EPC is more than ten years old, arrange for a new assessment immediately.

• Essential Legal Forms: Complete the TA6 (Property Information Form) and TA10 (Fittings and Contents Form) thoroughly and honestly as soon as you instruct your solicitor. 

Step 2: Resolve Planning and Tenure Challenges

Address any potential “skeletons in the closet” concerning the property’s structure or its legal ownership before the buyer’s solicitor inquires.

• Building Regulations Approval: For any significant alterations (e.g., loft conversions, wall removals), obtain the final completion certificates from your local authority. Missing these certificates is a common cause of transaction delays.

• Planning Permission: If you have built an extension or changed the use of part of the property, make sure you have the correct planning permission. 

• Shared Services: If you share a driveway, septic tank, or private access with a neighbour, consult your title deeds for clear, legally binding agreements.

• Leasehold Properties: If your property is leasehold and the remaining lease term is less than 85 years, you should promptly explore your options. Initiating the legal process for an extension before selling can significantly boost your property’s value and appeal. 

Step 3: Instruct a Lawyer Early to Secure the Advantage

You might expect us to claim that you can gain a genuine advantage by instructing lawyers early, but it’s true! Including before receiving an offer. This approach allows the conveyancing team to prepare the draft contract and complete the legal package in advance.

When a buyer makes an offer, your lawyer can immediately issue the complete contract pack. This demonstrates commitment, often enhances your negotiating power, and prevents delays buyers face while waiting for paperwork. Don’t wait for buyers to uncover issues; identify and resolve them yourself. This transparency makes your sale smoother, quicker, and legally secure.

Our Advice

Navigating a property sale doesn’t need to be stressful. By addressing potential issues and gather documents in advance, you control the timetable, ensuring conveyancing is predictable and smooth.

Since the 1970s, we’ve helped families and individuals sell property with minimal delays, offering services like buying and selling, equity release, tenancy agreements, freehold reversions, and lease extensions. Contact us for advice on property matters; we’re here to help.

Selling a property is an exciting venture, but the legal process can quickly become complicated and slow down if you’re not prepared. Selling a house in the UK typically takes between 3 and 7 months from listing to completion. However, with proactive planning, you can achieve a faster, smoother, and less stressful sale. By being proactive, you can identify potential issues, avoid frustrating delays, and considerably simplify the entire legal process.

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