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Preparing for the arrival of a new child is an exciting time – and at Palmers, we know that you will be keen to spend quality time with the newest member of your family.

However, understanding legislation around paternity leave can be difficult.

Here’s what you need to know about your paternity leave rights as a father-to-be.

Am I eligible for paternity leave?

You can potentially receive paternity leave if you are one of the following:

• The child’s biological father.

• The spouse, civil partner or partner of the mother (or adopter).

• The child’s adopter.

• A parental order parent if you are having a baby via a surrogacy arrangement.

However, there can be gaps in eligibility in some cases, so you should always speak to an employment law expert for advice.

To be eligible for statutory paternity leave, you must:

• Be classed as an employee.

• Provide the correct notice.

• Be taking time off to look after their child or the mother/other parent.
• Not have already taken shared parental leave in respect of the same child.

• Have the required degree of responsibility for the child’s upbringing.

• Have been employed by your place of work for at least 26 weeks at any point during the qualifying week.

• Remain with the same employer or an associated employer until the baby is born/placed for adoption (as applicable).

If your baby is born early, the qualifying week is still based on the baby’s due date.

The qualifying week is the 15^th week before the baby is due unless the employee is adopting the child. If you are adopting from within the country, the qualifying week will be the week in which the employee is notified that they have been matched with a child.

What statutory paternity leave can I receive?

You can choose to take two weeks period of paternity leave or two one-week periods of paternity leave.

This amount is the same even if you have more than one child, such as twins.

Unless there is a change of circumstances, the start date must be one of the following:

• The actual date of birth/placement.

• A specified number of days after the birth/placement.

• A set date which is after the expected date of birth/expected week of placement.

Paternity leave must usually be taken within 52 weeks of the child’s birth, placement, but there are cases where this period can be shorter.

What notice must I give?

Notice must be given before the qualifying week, or as soon as reasonably practicable if this deadline cannot be met. Your employer may request that you give notice in writing.

Your notice should contain a declaration that you meet the eligibility requirements for paternity leave and confirm that you expect to have responsibility for the child’s upbringing.

The effects of taking paternity leave

During paternity leave, you are entitled to benefit from your usual contractual terms except for those terms relating to remuneration

After paternity leave, usually, but not always, you have a right to return to the same job that you were employed to do immediately prior to taking the leave

You should not be subjected to detriment or dismissed because they have taken or sought to take paternity leave.

What pay am I entitled to?

Subject to your being on payroll earning at least £125 per week in an eight-week period ending with the qualifying week, whilst on paternity leave you will be entitled to Statutory Paternity Pay (SPP) at either £187.18 per week or 90 per cent of your average weekly earnings, whichever is lower.

Your employer may choose to pay you a rate above SPP.

Antenatal/Adoption Appointments

You are entitled to unpaid leave before your baby is born if you are accompanying a pregnant person to antenatal appointments. This is allowed if you are:

• The father.

• The expectant mother’s spouse or civil partner.

• In a long-term relationship with the expectant mother.

• The intended parent if you are having a baby via a surrogacy arrangement.

Similarly, there is also entitlement to time off to attend certain adoption appointments.

You may also qualify for Shared Parental Leave. This can not only extend the amount of time you are eligible to take off work, but the paid leave you are entitled to as well.

Additionally, your employer may offer you a more generous package of parental leave and pay.

What if I lose my baby?

You can still get Paternity Leave and/or Pay if your baby is:

• Stillborn from 24 weeks of pregnancy.

• Dies after having been born alive at any point during the pregnancy.

You can take any leave you booked before losing the baby. If you have any un-booked paternity leave remaining, you can book it and take it within 8 weeks of the death.

You may also be eligible for Statutory Parental Bereavement Pay and Leave.

Other leave you may be entitled to

You may also be entitled to up to 18 weeks’ unpaid Parental Leave per child until they reach the age of 18 (a maximum of 4 weeks per child in any one year)

Other leave you may be eligible for include:

• Neonatal Care Leave and Pay – This applies if your baby needs specialist neonatal care after birth.
• Dependents Leave – This is reasonable unpaid time off work to deal with certain unexpected family emergencies, e.g. to arrange care for a dependent or to deal with an unexpected childcare breakdown.
• Carers’ Leave – You may take one week’s unpaid leave per annum to provide or arrange care for a dependent with longer term care needs due to an illness or disability.

Understanding and taking Paternity Leave

If you are unsure about your statutory rights or your employer’s family leave policies, it is best to talk to a legal expert.

We can ensure that you receive the leave, pay, and benefits you are entitled to – leaving you free to focus on crucial bonding time with your newborn.

For further guidance on paternity leave, get in touch with a member of our team today.

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.

Leading Essex law practice, Palmers Solicitors, is pleased to announce the promotion of Leigh Bostock to Paralegal within the Family Law team.  

Leigh, who joined Palmers Solicitors in August 2022, will work alongside Karen Bishop, Head of Family Law, at the practice’s South Woodham Ferrers office.  

In her new role, she will continue to develop her expertise in complex family law matters, from divorce and child arrangement agreements to cohabitation agreements, while gaining further experience in providing compassionate, expert support to clients. 

Speaking about her promotion, Leigh said: “I’m really excited to take this next step in my career with Palmers. The firm has been incredibly supportive in helping me develop my skills, and I’ve learned so much from Karen and the team.  

“Family law is such a personal and sensitive area, and I’m looking forward to making a real difference for our clients.” 

Palmers Solicitors takes pride in developing homegrown talent and investing in the future of the business’s legal teams.  

Karen Bishop, Head of Family Law, added: “Leigh has proven herself to be a fantastic asset to our team. She’s hardworking, empathetic, and genuinely committed to supporting our clients through challenging times.  

“This promotion is well deserved, and I’m delighted to continue working alongside her as we grow and enhance our family law services.” 

Leigh’s promotion is just one example of the practice’s commitment to growth, development, and community-focused legal expertise across Essex. 

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.