Do I really need a Grant of Probate?

If you are preparing to wind up the estate of a loved one, you may not need to apply for a Grant of Probate (or Letters of Administration) during the course of winding up their affairs.

It is a common misconception that when dealing with an administration of an estate, the Executors or Administrators will have to obtain a ‘Grant’. The Grant is required in order for Executors to access the deceased’s assets in order to quantify and ultimately distribute them; and the same applies to property. However, there are certain circumstances where there is simply no need to obtain this:

Article by Kagowa Kuruneri

• Where property is owned jointly, as joint tenants,
• Where other assets are owned jointly,
• Where the estate is a simple estate and does not exceed the Inheritance Tax threshold,
• Where the total value of bank accounts does not exceed £5,000*,
• Where the estate is insolvent.

It is important to note that there may be some parts of the estate that will require a Grant and parts that will not. The moment any asset requires a Grant, it must be obtained with respect to the entire estate, even if some assets have been released prior to attaining the Grant.

If you are unsure whether or not you need to obtain a Grant of Probate or Letters of Administration, or if you more information about Wills and Estates, contact us today via email or LinkedIn.

* Some banks and building societies have their own limits where they will be prepared to release funds without need for a Grant.

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Have you overpaid Stamp Duty?

Many new build properties have been sold with the incentive of having your stamp duty paid for you.

Be aware that in some cases this has been overpaid and a refund might be due to you.

Article by Jonathan Wallace

If you think you might have had your stamp duty overpaid contact me or follow us on LinkedIn to find out how I can help you.

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

One year into my Training Contract with GHS!

Article by Kagowa Kuruneri

It doesn’t seem like too long has passed since I started training, but looking back on the year, it is definitely evident! 

Although it has been gone by quickly, it has been a fun and memorable year. That said, the most rewarding experiences I have had have been bringing cases to conclusion and receiving positive and encouraging feedback from my clients. It has been very reassuring to know that many of you have been well pleased and satisfied with my work and it is always very humbling when you return for assistance on other matters.

I am thoroughly enjoying my training here because this firm is unlike any other high street firm you could encounter. GHS is so unique: from our quaint Victorian house to the wonderful individuals you’ll find inside. There is always something to look forward to, whether it is another outrageously fabulous event or pushing to achieve the best possible outcome for our clients. Once again I find myself excited for what this next year holds I know will be another adventure.  I am looking forward to this next chapter and to meeting new clients and helping them with Family and Employment law matters. My hope, going forward, is that this year will be just as fun and successful as the last, if not more! 

A big thank you to my clients and to every single person who has made this past year truly remarkable, I couldn’t keep going without you. 

If you need any assistance with any aspect of Family or Employment Law, please call me on 01992 422 128 or email me here! 

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.ukinfo@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Avoiding pains when changing names

Monosyllabic. Double barrelled. Triple barrelled. Your name and its use forms one of the most important and repeatedly laboured designations for the entire span of your life. Many of us lucky enough to have names suited to our location and situation never even consider the possibility of changing names, never mind actually attempting to enter the arena of ‘deed polls’, mysterious documents that many banish to the world of actors and victims of stalking. But there are many normal instances where people may wish to change either their own, or their child’s name; the paperwork should not be considered insurmountable. Whether it be for the benefit of settling into a new territory, entering a new profession (sometimes requiring the divorce from a parent’s ill-conceived eccentricity), the breakdown of a family, perhaps even just the individual choice of a child/adult. A brief discussion of the law and administration of deed polls will follow below.

Article by Yeung-way Hedges

An important feature of statute law, perhaps described more aptly as a ‘non-existent’ feature of statute law would be the omission of legislation in existence which hinders your human right to change your forename or surname. Conventions (Coke on Littleton 1628, Bracton c.1235) only prescribe that individuals must have and be referred to by a forename and surname in terms of legal existence, and common law (Barlow v Bateman 1730) actually provides precedent to support an individual’s right to freely change their name without the bondage of acts of Parliament. These freedoms are complicated however by specific factors affecting each situation independently, especially when issues such as age, parentage, and best interests of the individual come into the fold.

Wishes to change names via the deed poll process most commonly arise when a child’s home/family situation becomes complex. Parental responsibility (being legally recognised as the child’s parent, at birth for the mother and being married to the mother/named on the birth certificate for the father) operates in full force until the child reaches the age of consent (16 in England and Wales). Until the 16^th birthday, in order to change a child’s name via deed poll, all responsible parents must provide consent for the process to take place. Once the child reaches the age of 16, the courts will grant them full power to do with their name what they wish; consent of parents is officially dissolved.

For younger children embroiled in the battles of parental disputes, the process of name changing becomes far more convoluted. For a parent with sole parental responsibility, no consent from the other (biological) parent would be required. But this situation proves rare in reality. Where a mother may wish to change her child’s surname to her own due to the breakdown of a relationship, she may find the courts unsympathetic where the father remains in contact and provides maintenance payments, especially if the child is under the age of 5. The courts identify the best interests of the child, especially in protecting a paternal bond, sometimes even where the father may be absent. Upon the age of 11, the courts will begin to take the child’s wishes into account, and by 14 the child’s wish becomes paramount, therefore the ability and flexibility in changing names grows alongside the child. In contrast, changing a child’s forename proves far easier, as it does not upset the biological bond between child and parent.

In 2013 The Guardian reported that ‘nearly 50,000 people a year are wasting millions of pounds paying online companies that promise on Google adverts to “officially change your name”’. The use of certain spurious online companies has resulted in consumers paying for ostensibly ‘official’ deed poll documents when in reality they hold no legal power, therefore to be sure of authenticity it is vital to seek the professional advice of a solicitor.

If you are considering changing your own or your child’s name and require advice and/or authentic legally binding services, please feel free to contact us via email or connect with us on LinkedIn. Our fixed fee for a single

Deed Poll is £75 plus VAT, incl. 3x certified copies of the deed. Any additional copies are charged at £3 each.

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Boundary Battles

Are you an Anti-Social Neighbour?

If you have tall hedges lining your garden which block out light to your neighbour’s garden or main areas of their house, then a claim may be made against you for adversely affecting the reasonable enjoyment of a domestic property.

The Anti-Social Behaviour Act 2003 makes it possible to bring a claim against a neighbour if their hedge is too high. Although there are generally no legal restrictions regarding the height of a hedge, the 2003 Act as well as the High Hedges (Appeals) (England) Regulations 2005 give local Councils powers to deal with complaints regarding the heights of hedges. Common law rights also exist allowing neighbours to cut overhanging branches from hedges or trees back to the boundary line separating two properties (provided no other legal restrictions apply.)

Article by Kagowa Kuruneri

So, if your hedges are more than two metres tall and are formed wholly or predominantly by a line of two or more evergreens, a complaint can be made against you pursuant to the Anti-Social Behaviour Act. These rules are in place and can be enforced to ensure that there is no significant loss of light or daylight to a neighbour’s garden or home.

There are various calculations that can be used to determine an “actionable” hedge height (i.e. whether the height of the offending hedge is a legitimate cause of loss of light or daylight to a neighbouring house or garden.) However, it is the local council who generally determines whether the complaint is actionable. Therefore, the council are permitted to charge for their services and may reject a claim if they believe it to be frivolous or vexatious, or if they are not satisfied that attempts haven been made to resolve the matter by alternative amicable means. It is for this reason why any costs that arise in association with the council’s service are borne by the complainant.

The council’s role is to determine whether or not the hedge in question is adversely affecting the use and enjoyment of the neighbour’s property. Their role is adjudicative and they are able to impose remedial notices on the offending party, requiring them to take corrective action. Should a notice be ignored or incorrectly executed, then it may be enforced through criminal proceedings or carried out by the council themselves.

If you are having issues with your neighbour's shrubbery or are concerned that you may be liable for a claim, feel free to contact us via email or connect with us on LinkedIn.

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Long Weekend Flight Delays

Bank Holiday Weekend plans were quickly disrupted for many passengers travelling from either Heathrow or Gatwick on British Airways. Thousands of travellers had their flights delayed or cancelled following a massive IT failure on Saturday 27 May 2017. Today (30 May 2017) the airline has finally been able to resolve its issues, but unfortunately this has come at a high price for many passengers. Those who were lucky enough to have their flights rescheduled arrived at their destination after lengthy delays and some further inconvenienced by a lack of baggage.

Article by Kagowa Kuruneri

BA has set up a compensation scheme whereby passengers who required accommodation as a result of delays can reclaim the money spent on hotel stays, transfers and on food and refreshments. Reimbursements have been capped at the following rates:

•  Up to £200 a day for hotel stays (based on 2 people sharing)
•  Up to £50 for taxi transfers between the airport and the hotels
•  Up to £25 per person per day for food and refreshments  

Additionally, passengers could receive up to £540 in compensation for the inconvenience caused, depending on the type of flight that was cancelled. Some may be happy to receive any form of compensation, but is this enough considering the costs of flights and the nature of consequences faced by individual customers whose flights were affected? It is also unclear whether additional inconveniences caused from missed or rebooked flights will be compensated under this scheme. Although the airline have said that they will honour any claim for compensation, this is neither guaranteed nor will compensation be automatic. You must formally apply for compensation and don’t forget that EU compensation rules may apply.

You may recall from an earlier article that the EU rules are as follows:

• Short-haul flights must be delayed by at least 2 hours
• Medium-haul flights must be delayed by at least 3 hours, and by 4 hours for long-haul flights
• Accommodation and transfers must be provided for overnight delays
• Full refunds are to be given (within 7 days) for cancellations, OR re-bookings must be made for flights cancelled at short notice
• Passengers may receive cancellation compensation, the value of which is determined by the length of the fight
• Passengers may receive further compensation for reaching their destination more than 3 hours later, the value of which is determined by the length of the flight and the delay
• Compensation will only be provided for flights departing from or arriving in EU airports, as well as Norway, Switzerland or Iceland  

An internet photograph of delayed passengers

UK laws also state that compensation should be awarded where delays have been caused as a result technical faults, which clearly appears to be the case where BA is concerned. It is also one of BA’s policies that compensation claims can be brought for any qualifying flight delays or cancellation that have arisen within 6 years of the incident.

If you would like to speak to someone about what may be done to help you regarding delayed or cancelled flights, contact me via email or through LinkedIn to find out whether you may be owed compensation.

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Dementia Tax, what can be done about it?

Those with close family members faced with the prospect of requiring domiciliary or residential care, by now, should be well aware of the changes that will affect social care policy. The proposed manifesto will see our vulnerable having to pay for their own care fees if the combined total of their savings and property exceeds £100,000. Granted this raises care fee assessments from £23,250 but, with all things considered is this truly a saving when most assets are tied up in properties anyway? With the housing market as it is today, most people who own their own property will be tasked with paying for their own care fees should the need for care arise. Of course payment can be deferred until death, in which case the deceased’s estate would incur the burden of payment, meaning that leaving a healthy inheritance for the family may soon become a thing of the past. 

Article by Kagowa Kuruneri

Where domiciliary care was not an issue, its successor ensures that certain degenerative and debilitating diseases will attract care fee obligations and others will not, regardless of where care is provided. Does the discrimination between illnesses, geography and means serve any real benefit when the aim is to make care policies fairer?

The worry now is that in order to protect one’s assets or estate, those in need will shy away from much needed assistance until their circumstances are so dire that they require nursing care under the NHS. The other solution would appear to be transferring ownership of assets before care applications are submitted. However, setting aside the fact that it is unclear how such transfers will be treated under the new policy, there are Inheritance Tax provisions that could adversely affect your estate if certain conditions are not satisfied.

At best it is not yet clear whether there will be a way to receive care assistance without losing your property, diminishing the value of your estate, or putting your own health at more risk. However, if you would like to explore the options that are available which would reduce the blow delivered by the “Dementia tax” reach out to Garden House Solicitors today via email or LinkedIn.

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Things to consider when preparing Powers of Attorney

It is always advisable to prepare a Lasting Power of Attorney (LPA) because you can never be certain of what the future will bring. An LPA allows you to give someone you trust the legal authority to make decisions on your behalf should you not have the mental capacity to make these decisions on your own, or if you do not want to make certain decisions. For these reasons it is very important that your choice of attorney(s) is a decision made wisely.

What to think about when selecting your attorneys

Article by Kagowa Kuruneri

Spouses and other family members cannot just walk into the bank and access your accounts, even if it is to pay for your care. Without an LPA in place your relatives will have to apply to the court to be given authority to help you in this way, and this can be a long and costly process. 

Depending on the type of LPA you make, your attorney will have the power to make decisions such as where you live and whether or not you should receive or stop receiving a particular health care treatment. If your attorney is managing your affairs they will have the authority to write cheques in your name, sell or rent your property and even carry out your trade or business. Additionally, they will be able to conduct legal matters on your behalf.

Because of the power and responsibilities your attorney will have it is important that you consider the following:

• Bearing in mind their own lives and obligations, is your attorney guaranteed to be able to take on, and manage, the responsibility you will be giving them? How well do they look after their own affairs? 
• Think about the type of LPA you are creating, does your attorney have any relevant background or knowledge that will assist them in making those decisions on your behalf?
• Can your attorney act alone or would it be better to have two or more people working with them to ensure that all decisions made on your behalf have been thought through with the time, care and consideration required?
• Can your attorney be trusted to act in your best interests, setting aside all personal feelings and emotions? 
• How well do you know your attorney? Would you still be comfortable with them making decisions on your behalf regardless of how circumstances and relationships change as time goes by?
• Do you trust your attorney implicitly?

Remember, even though an LPA can be revoked, you have to be deemed to have the mental capacity to be able to make the revocation.

What to think about when selecting your certificate provider

In order to have your LPA registered, you will also need to have a reliable certificate provider. This is a person who can serve as a witness for your LPA and should be able to prove that at the time of preparing your LPA you did so on your own volition and that you understood the nature, purpose and scope of the authority you have granted. Your certificate provider should be able to act independently and possess the professional skills and expertise to provide your certificate. 

Garden House Solicitors specialise in drafting Lasting Powers of Attorney and are happy to assist you with any of your needs or concerns. To arrange an appointment, telephone me on 01992 422 128 or email me at Kagowa@GHSLaw.co.uk.

Connect with me on LinkedIn

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Things to Know About Coroner's Inquests

Article by Kagowa Kuruneri

A Coroner’s inquest is held when a coroner receives notice that a person in their area has died under circumstances where the death was violent or unnatural; the cause of death is unknown; or the deceased was in the custody of the state. An inquest can be triggered when reports of a death have been made by the hospital, a doctor (where the deceased was a patient for less than 24 hours), care home representatives or by a family member.

An inquest is conducted pursuant to an individual’s right to life enshrined in the Human Rights Act 1998. Therefore, the State is obligated to investigate the circumstances of a person’s death in order to lay rest to any rumours or suspicion that may arise, or to learn from past tragedies. The Coroner’s investigation must be commenced in an open court and cases to be heard must be publicised. Conducting this court proceeding publicly ensures that the rights of those involved in the inquest are protected under open justice.

An inquest is used to determine who the deceased was; how they came to their death; when they came to their death and where they came to their death. The Coroner’s determination falls into one of 9 categories:

-         - Accident or misadventure                                   - Industrial disease

-         - Alcohol or drug related death                             - Natural causes

-         - Lawful or unlawful killing                                     - Open

-         - Road traffic collision                                            - Suicide

-         - Stillbirth

Where an open conclusion has been reached this means that even on a balance of probabilities, the evidence surrounding a death is insufficient to disclose or determine the cause of death. In some circumstances this is the case when suicide is suspected but it cannot be confirmed whether or not the deceased intended to take their own life at the time.

Prior to starting an investigation the Coroner must make whatever enquiries are necessary to decide if further investigation is required. This takes the form of a post-mortem examination of the body. If the post-mortem reveals that death was natural, e.g. from a heart attack or a ruptured aneurysm, then the Coroner is required to abandon the investigation.

An interested party is a person who qualifies to be informed of the date, time and place of an inquest. These include a spouse or civil partner, family members including step-parents and half siblings, a personal representative of the deceased, medical examiners, insurers, beneficiaries to the deceased’s insurance, and trade union representatives. An interested party also includes any person who by act or omission contributed to the deceased’s death, or whose employee may have done so.

Newspapers tend to watch the Coroner's website and pick up on cases that are interesting and sometimes sensationalise them. Although most of what is recorded by the Coroner is available to the public, interested parties may appeal to the editor not to print certain information. The Coroner also has discretionary power to decide how much is written in their reports and whether or not to verbally disclose it in open court.

If you would like to know more about a Coroner’s inquest, or if you are an interested party in need of assistance, please contact us via email or LinkedIn.

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.