Legal

The Children and Family Court Advisory and Support Service (CAFCASS) works with families who need to go to court to settle a dispute about their children, such as in regard to residence and contact. ‘The extent of their involvement will depend on individual circumstances,’ explains Connor Williams in the family team with Borneo Martell Turner Coulston ‘It is important to understand at the outset how CAFCASS will be involved so that you know what interactions to expect.’ Connor answers some commonly asked questions about CAFCASS. Does CAFCASS have to be involved? This is a requirement for all applications lodged regarding arrangements for children, whether that is deciding who they will live with, spend time with, or other specific issues such as which school they should attend. The involvement of CAFCASS gives the court an independent and professional view on what would be best for the children, from the start of..

Did you know cohabiting couples have increased by 144% since 1996? Wilson Browne solicitors explains the crucial differences in inheritance rights compared to married couples, highlighting the importance of making a Will to protect your estate. According to the latest Census Data from the Office for National Statistics, the number of couples living together, without being married, or in a civil partnership has increased by 144% between 1996 and 2021. Whilst the next Census is not scheduled until 2031, it estimates that cohabiting couples/families accounted for 18% of all families in 2023. Couples who have been living together for a certain number of years often believe, that they would have the same rights as a couple who are married or in a civil partnership. So, what rights do you have if you have been cohabiting and your partner sadly dies? Unfortunately, cohabiting couples do not automatically inherit their partners Estate...

Curious about unlocking the wealth tied up in your home? Wilson Browne solicitors can guide you through the complexities of equity release. Learn about the benefits, drawbacks and important regulations to see if this option is right for your future. Eager to unlock wealth that’s built up in your property, but unsure whether it’s a good idea for you and your family? With equity release, it’s essential you have a clear understanding of the potential benefits and pitfalls of your chosen scheme. Fortunately, equity-release schemes have high levels of safeguarding in place and must follow a strict code of conduct in order to protect consumer interests. These strict regulations are set out by the Financial Conduct Authority (FCA) with the oversight of the Equity Release Council (ERC) and must be followed by all equity release scheme providers and advisors. Like any loan arrangement, there’s likely to be both pros and..

Moving in together is an important and exciting step in a relationship. Whether you are renting or buying a place together, it is a commitment that is financial as well as emotional. Unlike almost any other financial commitment, cohabiting is one that you are able to do without any formal agreement. ‘While the absence of formality has its attractions, it is important to note that the lack of legal clarity and protection can be problematic for a couple if a dispute should arise in the future,’ says Connor Williams in the family law team with Borneo Martell Turner Coulston. ‘When a cohabiting couple separates, they are often surprised to find that there is no clear legal framework to help unravel any disagreements.’ Connor Williams explains how it is important to consider how to put safeguards in place and outlines six reasons why you may benefit from a cohabitation agreement. 1...

‘Whether you have built up a portfolio of assets through business activities, savings and investments, or you have inherited a significant wealth, it is important to plan efficiently in order to minimise tax implications,’ says Susan Owens, Senior Partner at Borneo Martell Turner Coulston. To make sure your family are adequately provided for throughout your lifetime and after your death, you should also consider succession planning carefully. It is important to think about how your wealth will pass and any adverse tax effects this will have on your loved ones. When should you consider your estate to be high net worth? ‘High net worth’ or ‘HNW’ is a term which tends to differ from industry to industry and across different organisations. There is no legal definition. HMRC’s high net worth department considers estates that are worth £20 million or more. Meanwhile, professional advisors tend to consider estates that are worth..

Discover why family mediation might be your best option with Wilson Browne solicitors. Learn about the benefits of choosing mediation over court battles, understand the process, and find out how it can save you time, money, and emotional stress. For the time being, the Government has ruled out compulsory mediation in family cases. As a result those wanting to apply to the Courts to sort out finances within their divorce proceedings, or seeking to set out arrangements for their children in an Order, will still have to attend a Mediation Information and Assessment Meeting (MIAM). This is subject to certain exemptions, primarily around domestic abuse. Is this a good thing? The Court system is in a dire state with backlogs and delays resulting in a final trial hearing taking a substantial time to reach, with the accompanying significant costs and emotional distress. Alternatives are necessary – and in so many..

‘Your pets are an important part of your family, but providing for them in your will is not as straightforward as providing for other family members,’ says Shannon Carpenter, a solicitor in the wills and probate team with Borneo Martell Turner Coulston ‘Whilst a cat or dog might be relatively easy to care for, pets such as tortoises, llamas, or horses will likely require specialist care by someone who has sufficient time, knowledge and property to give your pet the care they need.’ Pets do not have a distinct legal personality and are technically belongings, but they sit in their own category between possessions and dependants and need to be considered carefully. This means that you need to leave instructions about them in your will, and any financial provision you want to make for them cannot be a gift to the pet. Leaving instructions about a pet in your will..

Explore the lesser-known Council Tax benefits for disabled individuals with Wilson Browne solicitors. Learn about Disability Band Reduction and Severe Mental Impairment Reduction eligibility and how to apply. Many people are unaware of the different types of benefits they are entitled to if they are disabled or live with someone who is. One that regularly goes unnoticed is Council Tax. Disability Band Reduction If you or someone you live with is disabled, you may be able to apply for a reduction in council tax. You must be able to show that a disabled person lives in the property and that the property has either: An extra bathroom or kitchen for the person who is disabled to use. A room which is predominantly used by the disabled person. For example, a room specifically adapted for the disabled person to use. Sufficient floor space so that the disabled person can use a..

The Government’s 2022 English Housing Survey reported that 27 per cent of first-time buyers used gifts from family or friends to fund their house deposit. With the average deposit now required exceeding £43,000, it is hardly surprising that so many seek the help from their family to get their foot onto the property ladder. Well-intended parents will often gift large sums of money to their adult children without taking any legal advice or having any formal documentation drafted. “As family lawyers, we regularly see sizeable gifts being made by family members to help newly married couples starting out,’ says Connor Williams, a litigation executive in the family team with Borneo Martell Turner Coulston. ‘Difficulties can arise if that marriage or civil partnership later breaks down. The spouse or civil partner whose family have been so generous may expect to see a larger share when it comes to dividing the matrimonial..

When a couple separates, the value of the family home is often the largest asset that they have to divide, and it can also be the most contentious. This can be for a multitude of reasons, for example, one spouse or partner may feel emotionally tied to the house, or you may be concerned about having to move children from the home they have grown up in. ‘While a clean financial break is normally what separating couples aim for, at times it may be appropriate to consider postponing the sale of the family home. This can be achieved through what is known as a ‘Mesher’ or ‘Martin’ order,’ explains Connor Williams a Litigation Executive in the family team with Borneo Martell Turner Coulston. What is a Mesher order? A Mesher order allows for the postponement of the sale of the family home until either a certain period of time has..

Wilson Browne Solicitors expertly navigate divorce’s emotional and financial complexities. Their team offers clear guidance on asset division and settlements, emphasising transparency and tailored advice. They aim to simplify the divorce process, empowering clients to make informed decisions. This month, they delve into “All’s fair in love and war,” focusing on the nuances of divorce and asset allocation. Divorce can be an extremely stressful experience for many people, involving the inevitable emotional upheaval of ending a long-term relationship, and the practical challenge of securing your future financial situation. Once mediation has been considered, if it’s not possible to agree a financial settlement, divorcing couples are able to make an application to court, as to how any assets should be divided. Disagreements obviously occur regarding how assets should be divided (completely understandable in what can be a stressful and emotionally charged situation) which causes delays to the divorce which in turn,..

Wilson Browne Solicitors offer invaluable advice for those embarking on property transactions. Understanding the intricacies of conveyancing fees is vital, whether you’re buying or selling. Their expert team demystifies the process, ensuring clients are well-informed about land registry, stamp duty, and various legal requirements. Emphasizing transparency, they caution against misleading low-cost offers and pledge to provide clear, upfront cost estimates, removing the stress and surprises from property deals. If you’ve just had an offer accepted on a property or are considering selling your home, it’s time to start thinking about conveyancing fees in the UK. Involving a conveyancer in your transaction is crucial for ensuring the smooth and correct transfer of legal ownership and to identify relevant legal issues to avoid any nasty surprises later. A conveyancer will review the relevant title deeds, land registry records, and any other legal documents/public records to ensure your sale or purchase proceeds without..

Facing a breach of a child arrangement order (CAO) after parental separation can be distressing. This article guides on handling non-compliance, from direct communication to court enforcement, and explores the financial implications in such scenarios, with expert legal advice. A child arrangement order (sometimes referred to as a CAO) is a court order which stipulates the contact arrangements for a child following parental separation. This type of court order is normally only needed when parents cannot reach agreement between themselves on what is best for their child. ‘Breach of a child arrangement order can cause distress for a parent, but also results instability for children. At times it can even mean children are not permitted to see one of their parents, so it is important to understand your options when a breach occurs,’ says Connor Williams, a Litigation Executive in the family team with Borneo Martell Turner Coulston. What is..

The importance of having a thorough understanding of both sides of the argument is key to a successful career in law and politics, according to lawyer-turned-MP Michael Ellis. The former Attorney General, who has served as MP for Northampton North since being elected in 2010, was speaking to students during a visit to Northampton College. He delivered a 30-minute talk looking back at his career before fielding questions from law, public services and criminology students. He said: “No matter what side of the debate you are on, whether you are prosecuting or defending, or speaking on behalf of the Government or the opposition, it’s so important to fully understand both sides of the story. That will help you articulate your argument and foresee any flaws in your opponent’s line of reasoning. “Knowledge is power and the more you can learn the better placed you are to present an argument.” Michael..

When dealing with the administration of an estate, distributing the gifts is one of the final stages. It is important that executors do not make distributions too soon, to protect themselves and the estate against debts or claims. “Often executors and beneficiaries alike do not realise exactly how many different steps are required to administer an estate, but there are several parts of the process before distribution will be possible,” says Susan Owens, senior partner with Borneo Martell Turner Coulston. “Once you are in a position to make distributions from the estate, there are various considerations that will need to be made.” Beneficiaries Even though you will not be able to distribute the estate until late in the process, you should already have located all the beneficiaries and notified them that they are due to receive items or money from the estate. You must take all reasonable steps to locate..