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In recent years there has been a significant increase in legal claims issued by disappointed beneficiaries, seeking to challenge the validity of a family member’s Will after they have died (this area of law is known as ‘Contentious Probate’).

These challenges often come about because someone has been left out of a Will or not received the inheritance they were expecting.

It may be the case that the Will was made in circumstances where the Testator was suffering from a mental illness or was subject to control or influence by a third party.

In these circumstances it is possible to seek to have the Will set aside and a previous Will admitted to Probate (if one exists, failing which the estate will be administered on the basis that the Deceased died intestate).

Here’s what you need to know about contesting a Will.

On what grounds might a Will be contested?

A Will can be contested on a number of grounds, including:

• Lack of capacity: This is when the person making the Will (testator) isn’t able to understand the implications of the Will due to an impairment or disturbance of the mind (for example due to dementia).
• Lack of formalities: If a Will has not been signed by witnesses or in the presence of witnesses, it may be invalid.
• Lack of knowledge and approval: If the testator is believed to have been unaware of (or not understood) the content of the Will, this could be grounds for contesting the Will.
• Undue influence: This refers to malign influence on the testator to the extent that they were not acting of their own free will or were afraid of acting on the contrary.
• Fraudulent Calumny: When a person has made false misrepresentations to a testator which “poisons their mind” against another so that they are excluded from the Will.

One of the most serious grounds on which a Will might be contested is forgery.

Forgery

A forged Will might be one that has knowingly not been created according to the legal procedure, or an earlier Will that is put forward after the latest version has been hidden or destroyed.

In rarer cases, a Will may even have been forged completely in a way that vastly differs from the deceased’s wishes.

It can be difficulty to identify if a Will has been forged.

However, some tell-tale signs include:

• Out-of-character terms.
• A signature that is markedly different from the deceased’s usual handwriting.
• The Will being found unexpectedly by someone who stands to benefit.

If you think someone has forged a Will, it is vital to speak to a solicitor as soon as possible.

How to contest a Will

If you believe that a loved one’s Will is not an accurate reflection of their wishes, you may wish to challenge the Will.

It is recommended that you do this through an experienced solicitor, who can assess your position and identify the most suitable grounds for your claim.

A solicitor will also advise on gathering evidence to support your claim and challenging presumptions usually made by other parties, such as whether the testator had capacity to make their Will.

Although there is no statutory time limit for challenging the validity of a testator’s Will, it is important to act swiftly to avoid the estate being administered and assets being disposed of before you can contest.

Contentious Probate services with Palmers Solicitors

At Palmers, we understand that losing a loved one is an extremely difficult time. We also understand that this can be exacerbated if you feel the need to dispute the Will.

We know that Contentious Probate matters are of high emotional, financial, and sentimental importance to people, particularly where there are competing views as to the Deceased’s wishes and where high-value inheritances are at stake.

Our expert team has extensive experience in all aspects of contentious probate and can ensure that you receive clear, decisive advice.

We also offer mediation services to help you resolve disputes in a more timely, cost-effective and amicable manner.

Our expert contentious probate team include ACTAPS accredited members, meaning they possess a high level of expertise and experience in dealing with contentious trusts and probate disputes.

If you believe that a relative’s Will may be invalid, it is essential to seek legal advice as soon as possible. Contact us today for more information.

You’ve probably heard of Lasting Powers of Attorney (LPAs), which enable you to appoint others to look after your financial and property affairs should you lose capacity.

However, LPAs are not the only way of granting authority for someone else to manage your affairs.

Here’s what you need to know about Ordinary Powers of Attorney.

What are Ordinary Powers of Attorney?

Ordinary Powers of Attorney (OPAs) are temporary legal documents that enable you to grant authority to one or more people – “the Attorneys” – to look after and manage your affairs.

There are two types of OPA: General and Specific.

• A General Power of Attorney gives your Attorney broad authority to manage all your financial affairs. This can be helpful if you are travelling for an extended period, undergoing medical treatment, or simply want someone to assist you temporarily with day-to-day financial tasks.
• A Specific Power of Attorney is limited to particular tasks or transactions, such as selling a property or managing a specific bank account on your behalf.

Depending on your circumstances, either option could be suitable. We can help you determine the right fit.

What conditions are required for an Ordinary Power of Attorney?

It’s important not to view it as a substitute for an LPA. An OPA only operates while you have mental capacity. Once that is lost, the OPA immediately ceases to be valid.

An LPA provides much wider protection and is designed to remain effective if you lose capacity. For most people, putting both types of documents in place is a sensible part of long-term planning.

It’s also worth noting that an OPA does not take away your ability to act on your own behalf. It runs in parallel, meaning you retain full control and decision-making authority for as long as you are able.

You’ll decide who will act as your Attorney(s) and you can cancel OPA at any time.

How does an OPA differ from an LPA?

Rather than conferring a general power, an OPA can limit the Attorney(s) to very specific acts.

For example, you may use an OPA to allow someone to sell a property on your behalf.

At the end of the OPA’s time period, or at the conclusion of a particular transaction, the OPA ceases, and the Attorney(s) will have no further power to act on your behalf.

Manage your affairs with Palmers Law

An OPA is a very useful way of appointing someone to help manage your financial affairs on a temporary basis.

However, it is important that you understand fully the implications of an OPA and how to ensure clarity on what your Attorneys can and cannot do.

Independent legal advice is vital for protecting your interests and making sure an OPA is right for you.

For more information about Ordinary Powers of Attorney, get in touch with our expert team today.

The number of couples divorcing later on in life – often known as “grey divorce” – has increased over the past few years.

While divorce can be a challenging process at the best of times, there are added legal difficulties for older couples.

If you’re thinking about separation later in life, here’s what you need to consider.

Why are more people divorcing later in life?

The introduction of “no fault divorce” in 2022 has made it much easier to get a divorce, particularly for couples who plan to split amicably.

Couples no longer need to provide a reason for divorce, and individuals are no longer able to contest a divorce, making it much easier for people to detach themselves from partners who are reluctant to split.

In short, the introduction of “no fault divorce” has removed barriers that may have previously prevented couples from separating.

Shifting societal attitudes towards divorce and older-age relationships is another factor contributing to the increase of grey divorces. Those who may not have wanted to risk social ire may now feel freer to divorce with the burden of social stigma lifted.

Additionally, divorce is now more viable for older women in particular, who are now more likely to enjoy financial independence.

What are the added legal complexities of divorcing later in life?

Divorce has become a much more accessible option for older couples, both practically and socially.

However, divorcing at an older age still adds legal challenges less likely to be faced by younger couples.

• Greater assets accumulated: Older couples are likely to have accumulated more assets than younger couples. This makes dividing up assets more complex, particularly if only one partner holds the majority of the asset value.
• Pensions: Older couples may be nearing retirement or already retired. Therefore, a divorce will require arrangements to be made regarding pension funds, such as pension sharing or lump-sum settlements.
• Wills and estate planning: Divorce and its accompanying financial arrangements will likely mean significant revisions to the couples’ Wills and estate plans.
• Care needs: With average lifespans increasing, it is important to think about how you will fund any future care provision and how you can secure the necessary finances in your divorce settlement.

In addition to such legal and financial considerations, family dynamics can be another difficulty for older divorcing couples.

Older couples may be worried about how to manage relationships with children, in-laws, and grandchildren, particularly if they are concerned about whole family occasions.

Supportive divorce services with Palmers Solicitors

Whether you are filing for divorce individually or jointly, it is strongly recommended that both partners seek independent legal advice.

Even the most amicable separation can come with its challenges, so independent legal representation is vital for protecting your interests.

An experienced family solicitor can help you understand your options, advise on financial arrangements, and explore amicable methods of conflict resolution (such as mediation) to reduce legal costs.

At Palmers, our highly experienced family law team are here to help with your divorce.

Our Fixed Price Divorce Package provides a “no fuss” solution to give you peace of mind at a stressful time.

You will receive a professional, efficient and cost-effective service, with all steps covered from initial instructions through to Final Orders.

If going to court becomes necessary, we will represent you and negotiate for a settlement that best meets your needs.

For tailored advice and guidance on divorcing later in life, contact our Family Law team today.

First time homebuyers face a challenging yet exciting time when agreeing to buy their first property.

You may have heard the term “conveyancing” but be unsure what it actually means.

Here, we explain what conveyancing involves and how you can ensure that the process goes as smoothly as possible.

What is conveyancing?

Conveyancing is the process of legally transferring home ownership from the seller to you, the buyer.

It typically takes around 12 to 16 weeks – it will start when the seller accepts your offer and end when you get the keys to your new home.

Buyers must always take professional legal advice to ensure that their new home is legally and safely transferred to them through conveyancing.

Instructing a solicitor

You will need to instruct a qualified solicitor to carry out the conveyancing process.

At Palmers, we will always explain the work that we will be undertaking and agree on costs beforehand.

Make sure you are satisfied that you will receive the service you are expecting for the conveyancing fee being charged. You can discuss any areas of uncertainty with us.

Providing information

You will need to provide your solicitor with relevant information, including the estate agent’s details, the seller’s details, the property’s details (for example, the address and purchase price), the length of the house-buying “chain,” your plans for use of the property, your mortgage details, and details of your deposit and from where you are providing the balance of purchase funds.

A monetary deposit from any source is subject to strict due diligence checks as to the source of funds and how the money has been accrued.

You will also be asked to complete a questionnaire about the proposed purchase and supply original evidence of identity, proof of address and evidence as to the source of funds (as referred to above).

It is a good idea to gather all the relevant documents and information before instructing a solicitor, as this will help speed up the conveyancing process.

What your solicitor will do

During the process of conveyancing, your solicitor will carry out a wide range of tasks on your behalf.

This includes checking the seller’s title deeds, communicating with the seller’s solicitor to answer any relevant legal questions which seem to be needed from looking at the papers supplied, and report to you on the papers to explain what is in them.

Your solicitor will advise you on issues that come up, such as legal defects that will either delay or prevent you from buying the property, or whether the property is subject to any pre-existing rules that might affect you.

Your solicitor will also handle exchange of contracts with the seller’s solicitor and order your mortgage money, usually to be available for the day before moving.

If a solicitor cannot – or may not – provide assistance on any particular matter, they will refer you to a qualified, trusted professional. An example of this is surveying, because this lies outside the expertise of solicitors.

Why you need a survey

A survey is carried out to assess a property’s condition, identify structural defects and determine whether more tests are needed to consider the condition and performance of internal systems, such as plumbing and electrical wiring.

All of these things could cost time and money to resolve and might lead to you seeking to reduce the purchase price if you did not know about them when making an offer to buy the property. If you fail to have a survey carried out, any defects in the building will be for you to put right, at your own cost.

Although a mortgage lender will employ a property surveyor, this is only to undertake a basic inspection known as a Lender’s Valuation to ensure the property value properly supports the amount which the lender is being asked to lend. The Lender’s Valuation is not a survey, nor is it carried out for your benefit.

You will not be able to rely upon it, even though you have paid for it to be done.

Therefore, you will need to commission your own survey. We typically advise that this be a full building (or “structural”) survey. There is a lesser survey available, known as a “Homebuyer’s Report” but this will not be as comprehensive or detailed as a building survey.

We will be able to recommend a suitable local surveyor.

What you need to do

Not all conveyancing matters are a solicitor’s responsibility.

Tasks that you will need to do independently include:

• Confirming that a Title Plan matches a property’s physical boundaries.
• Inspecting the property to see if there are any occupiers who are not named on the contract – this must be communicated immediately to your solicitor.
• Visually inspecting a property to identify issues for a lawyer’s or surveyor’s attention and then communicating those items to the relevant professional.
• Approaching the local authority’s planning department for advice on any plans for development.

If checks and visits reveal issues which worry you, we will advise you on how to act and what to do next.

Completion

Once you have provided all the necessary paperwork to your solicitor, they will contact the seller’s lawyer to arrange the legal transfer of the property. You will need to ensure that your deposit, if you have one, is ready at the time it is needed – on exchange of contracts – and that you have provided the necessary evidence as to the source of those funds well in advance. Up to ten per cent of the purchase price is usually paid over on exchange of contracts.

Completion Day is the day upon which the rest of the purchase money is transferred from the buyer’s solicitor to your solicitor. On that day, the title to the property will transfer to you and you will be entitled to receive the keys to your new home.

Post completion

Following completion, your solicitor will submit your Stamp Duty Land Tax return form, apply to the Land Registry for the title deeds (“register”) to be updated to show that you are the property’s owner, and apply to register your mortgage (if you have one) as a “charge” on the Register.

This process can take up to three months to complete (and sometimes longer), depending on the speed of the seller’s solicitor, the length of the chain, and any issues that may need resolving.

Get peace of mind with Palmers Solicitors

Choosing the right solicitors to trust with buying your new home is a crucial decision.

All homebuyers who instruct Palmers Solicitors to carry out their conveyancing will be looked after by an expert member of our residential conveyancing team.

Our professional conveyancing staff are here to offer to you practical and clear advice on the legal aspects and confusing procedures that need to be negotiated from the point of offer to moving house.

A combination of professional experience and use of sophisticated systems enables us to offer a speedy and economic conveyancing service.

We are also on the panels of the major mortgage lenders, enabling savings to be made in the majority of purchases and re-mortgages.

The knowledge and client care skills our team offers will provide reassurance and instil confidence at every stage of the process.

Contact our residential conveyancing team today to buy your first home with ease.

Losing your job can be a very stressful experience, especially if you believe you have not been treated fairly.

Understanding on what grounds your employer can or cannot fairly dismiss you can be tricky, especially when your employer’s behaviour becomes threatening.

Our expert employment solicitors can help you make understand if your dismissal was unfair and help you take legal action against your employer.

On what grounds can I be reasonably dismissed?

Employers should only terminate your contract of employment for a fair reason.

The following are potentially fair reasons for your employer to dismiss you, specified in the Employment Rights Act 1996:

• You lacked capability or qualification (e.g., performance or fitness to work).
• The dismissal was a result of your conduct.
• There was a genuine redundancy.
• Some other substantial reason (i.e. a business reason that is sufficiently substantial to justify the dismissal).

Your employer should follow a reasonable procedure during the dismissal process.

This means that your employer should:

• Conduct the necessary investigations in a timely manner to establish the facts.
• Use a consistent and fair procedure when dismissing an employee.
• Follow their grievances and disciplinary procedures in an effort to avoid dismissal wherever possible.
• Ensure that clear rules and procedures surrounding dismissals are readily available to all managers and employees.
• Make sure that these rules and procedures are understood by all members of their workforce.

If your employer has followed a reasonable procedure and identified fair grounds for your dismissal, then you will not be able to claim compensation.

When are dismissals considered unfair?

In broad terms, a dismissal will be classed as unfair if the employer has not been able to establish a potentially fair reason for the dismissal or the tribunal is of the view that the employer did not act reasonably in carrying out the dismissal.

Every employee who has the qualifying period of continuous service of two years has the right not to be subject to an unfair dismissal.

A dismissal is classed as automatically unfair (regardless of the length of service of the employee) if an employee is dismissed for certain specified reasons, including:

• Discriminatory reasons (for example, because of their sex, age, disability, race, religion or sexual orientation).
• Pregnancy – This includes all reasons relating to maternity.
• Family reasons – This includes when an employee has exercised their rights to parental leave, paternity leave (birth and adoption) or adoption leave.
• The employee’s membership of a trade union and/or trade union activities.
• Health and safety reasons.

If your employer has dismissed you for one of the above reasons, or you have been in continuous service for two years and your employer has not followed a reasonable procedure or provided a fair reason for dismissal, then you may be able to take legal action against your employer and seek compensation.

At Palmers Solicitors, our experienced employment lawyers can provide expert assistance at every stage, including issuing your claim, preparing your case and negotiating with the other side.

If you think you have been unfairly dismissed, it is important to seek professional advice as soon as possible. Get in touch with our employment law team today.

While no one goes into marriage expecting the relationship to break down, there may come a time where the relationship is no longer recoverable.

However, not all couples wish to divorce. Divorce proceedings are likely to be difficult and stressful even in the most amicable splits.

Concerns about the cost and complexity of legal proceedings can mean that both parties would rather end the relationship without pursuing a formal divorce. A couple may also intend to divorce in the future but wish to delay it for practical or personal reasons.

Whatever your reasons for not pursuing a divorce, you may still have concerns about your financial arrangements and what will happen to you and your children.

There are a range of options for couples wishing to separate but not divorce.

One of the possible avenues you could consider is a Deed of Separation.

Deed of Separation

Deeds of Separation, also known as Separation Agreements, can be used where a couple cannot (or prefer not to) issue divorce proceedings immediately but they wish to resolve financial, children, and other issues.

You should instruct a solicitor to prepare a Deed of Separation.

The Deed records that the couple intend to live separately and apart and may also refer to a divorce taking place in the future. The Agreement will also deal with financial arrangements.

The Agreement can include, for example, the sale or transfer of the family home with any agreed division of the proceeds together with payment of maintenance.

The Agreement is likely to state that the parties intend the terms of the Agreement to be in full and final settlement of future claims against the other.

Advantages and disadvantages of Separation Agreements

The arrangements provided for in a Separation Agreement are usually adhered to by both parties, since they have reached the Agreement themselves rather than having a settlement imposed upon them.

The Agreement can be entered into relatively quickly, allowing both parties to move on financially without having to commence divorce proceedings.

A Separation Agreement can also set out when divorce proceedings will take place in future, if this is planned.

However, Deeds of Separation are not legally binding, meaning that neither the separating parties nor the Courts are bound to abide by them.

Additionally, pensions cannot be shared or earmarked until the divorce proceedings are commenced, because only the Court can make pension sharing or earmarking orders.

Entering into a Separation Agreement

Both parties should have the opportunity to seek independent legal advice, and there must be no coercion by either party to enter into an Agreement.

Additionally, there should be full and frank financial disclosure by both parties, and the Separation Agreement should be fair in the circumstances.

Although a Separation Agreement will not prevent an application to the Court to consider financial issues, the Agreement is likely to be upheld by the Court if the above matters have been complied with.

Seek legal support for your separation

In situations where couples do not wish to commence divorce proceedings, either at the present time or indefinitely, Separation Agreements can be an effective way to make arrangements regarding children, money, property, and other issues.

However, Separation Agreements are not legally binding, and it is essential to seek independent legal advice before agreeing to any arrangements.

Palmers’ expert family law team can help you draft Separation Agreements and advise you on all aspects of separation, with or without divorce.

If your marriage has broken down but you are unwilling to divorce, it is still essential to seek legal counsel. Contact us today for tailored advice and guidance.