Have you been thinking about making a will recently and the term Mirror Wills has been mentioned. Let us explain what they are.

Mirror Wills are almost identical Wills made by two people, usually a married couple or a couple in a civil partnership, that provide a straightforward way to express their wishes on how they want their estates to be distributed when they die.

Making a Will is one of the most important things you will do in life, as it enables you to protect loved ones long after you are no longer around. By stating your wishes for your estate and who you want to benefit from all your belongings in a Will, you ensure your wishes are carried out when you die.

Are Mirror Wills A Good Idea?

If you have similar wishes to your spouse or civil partner on how you want your estate to be distributed when you die, then Mirror Wills can be a simple and cost-effective way to create a Will. However, they do come with some disadvantages as well as advantages and it’s important you seek legal advice before drafting a Mirror Will.

Advantages Of Mirror Wills

• They are two separate legal documents but are almost identical, making them more affordable than creating two separate Wills
• They provide the flexibility of personalising each Will as each individual can state their own preference for executors, trustees and guardians

Disadvantages Of Mirror Wills

• They can be changed at any time, without the other person knowing
• Complications can arise if children remarry or divorce which can result in assets passing outside of the family

Ways To Avoid Mirror Wills Complications

There are ways to ensure Mirror Wills still provide you with the best possible protection when it comes to your wishes being carried out when you die.

It is possible to create a trust within your mirror Wills with a view to protecting part or all of your estate. This may include severing the tenancy in your property so that you are described as ‘tenants in common’ rather than ‘joint tenants’. The reason for this is that as ‘joint tenants’ the surviving partner is entitled to 100% of the property whereas ‘tenants in common’ own a defined share in the property (which may be 50/50) and that share can then be left to other beneficiaries (such as children) rather than it automatically passing to the surviving owner. It is also possible to create a right within your Mirror Wills to allow the surviving partner to live at the property until they die. If the surviving partner needs care in later life, the Local Authority may therefore not automatically have access to 100% of the property.  

It is also possible to create Mutual Wills.

Mutual Wills

These are similar to Mirror Wills but provide the added protection that they can only be changed with the mutual consent of both parties.

Compare this with Mirror Wills and they potentially provide greater protection for the future. With Mirror Wills, if one dies and the surviving partner remarries, they are free to change their Will and leave everything to their new spouse rather than to their children. As they can also be changed when both partners are alive, one could decide to make changes at any time and the other doesn’t legally need to be notified.

How We Can Help You With Writing A Will

Creating a Will is vitally important as it enables you to express your wishes for loved ones when you die, choosing exactly how your estate is to be distributed and who is to benefit. Having a Mirror Will comes with many benefits and is certainly better than having no Will at all. However, choosing the right Will for you, your family and your situation, is ideal – and this is something we can help you with.

Our Wills solicitors would advise and guide you when it comes to drafting a Will that is best for you, depending on your personal circumstances. We would help you consider every aspect of your wishes to ensure your Will details everything you want to happen to your estate when your die, including any trusts you want to create and any particular belongings you want to pass to certain individuals.

We can also professionally draft your Will for you and retain the original or a certified copy to give you peace of mind it is safe and will be easy for loved ones to find when you die.   

To speak to one of our specialist solicitors about Mirror Wills and for advice on making a Will, contact us on Freephone  0800 988 3674 or Tel our Hoole office on: 01244 311 633 or email advice@bartletts.co.uk

Many individuals marry again and have children from a previous marriage or relationship – which can be tricky when it comes to looking after everyone in the future, after you’ve gone.

Having a valid and up-to-date Will is a crucial way to avoid a stressful and potentially expensive family dispute after you die.

What Can Happen In A Second Marriage When There’s No Will

The vulnerability of being married for a second time and having children from an earlier relationship but not having a Will, was recently highlighted by the case of John and Ann Scarle, an elderly couple who died without having made Wills.

John And Ann Scarle

This couple died of hypothermia in October 2016 but their deaths were not discovered for a week.

Experts couldn’t establish the exact date and time of their deaths, and crucially couldn’t establish who had died first. As the bungalow was jointly owned, knowing who died first meant knowing which of their daughters from previous marriages would inherit.

As a result of the inability to establish who died first, Judge Kramer relied on the Law of Property Act 1925 which states when it’s impossible to establish the order of deaths the younger person should be presumed to have outlived the older partner.

Ann was the younger of the couple and her daughter inherited their bungalow. John’s daughter got nothing other than a hefty legal bill as she was deemed unwilling to mediate.

The Importance Of A New Will

When you marry again, any previous Will is automatically cancelled. This can leave you in a vulnerable position until you make a new Will – if you die before making one, the distribution of your estate will be determined by the rules of intestacy. As your previous Will is no longer legally valid, it can mean your wishes are not followed and that your children could lose out.

A new Will should enable you to protect your new spouse as well as children from a previous relationship.

One way to provide for a surviving spouse and protect any inheritance for your children from another relationship is with a trust. This would allow your spouse to benefit from the trust assets during their lifetime but when he or she dies, the assets would pass to your children.

How We Can Help You With Your New Will    

Our expert Wills and Probate solicitors are experienced at helping clients with every aspect of family law and inheritance, including when it comes to making a new Will for your children following a second marriage.

We tailor all advice and will ensure we understand your situation before helping you make the right Will for you and your family. There are options that let you provide for both your new spouse and your children, and make sure that even after your death, you’re still able to protect loved ones and their future.

To speak to one of our specialist Wills and Probate solicitors about making a new Will or for any advice on protecting assets for your children from an earlier relationship, contact us on 0800 988 3674 or email advice@bartletts.co.uk

The new build property market has seen some developers placing excessive restrictions on new build properties and catching householders unawares.

This has surfaced following the change of law regarding new build properties in summer 2019, when the Government abolished leasehold ownership for new build homes. This was done to prevent developers from maximising their profits by doubling ground rents in some cases.

Now all new build homes must be sold as freehold.

However, there are some developers who have switched the unfair leasehold charges with unfair restrictions on new freehold properties instead.

What Does Freehold Mean For Homeowners?

If you buy a freehold house, the property and land it is built on should belong to you and you should have the freedom to make changes to it, within reason, as you wish. Compare this to a leasehold property, which is only yours for a set number of years and comes with more restrictions and service charges, and the option to buy freehold should be an appealing one.

The Unfair Restrictions On New Build Freehold Homes

Some new build freehold houses are being sold with restrictive covenants on them, limiting what the householder can and can’t do with it. When this happens, homeowners are finding out too late that they need permission from the developer to extend the property or improve it in certain ways – restrictions that aren’t the norm on freehold properties.

As some developers are placing the same covenants in freehold contracts as used to be found in leasehold contracts, this is catching buyers out. There have been issues for some homeowners when it comes to selling the house because of the restrictions and extra charges in place.

Top Tips For Potential Home Buyers

Buying a home is already a stressful experience, without the risk of falling victim to a scam in the process. To help prevent this happening to you if you’re looking to buy a new build freehold home, we strongly recommend the following:

• Seek legal advice if you have concerns about the property
• Find a conveyancing solicitor to check all the covenants in the contract
• If covenants are found that you don’t like, ask your conveyancer to negotiate for their removal
• If the developer refuses to remove restrictive covenants, consider carefully whether you want to go ahead with the house purchase

How We Can Help You With Your New Build Purchase

Our property solicitors have helped clients with a wide range of legal transactions, from the straightforward through to the complex – and every one is handled in a friendly, efficient and effective way that ensures the desired outcome is achieved for every individual.

Our conveyancing solicitors will advise and guide you on the purchase of your potential new build freehold home, and will thoroughly check every document related to the house buy. There to support you at every stage, our conveyancers will notify you of any restrictive covenant or excessive charges found within the contract and negotiate with the developers on your behalf.

We are also able to help if you have been caught out by a developer with a new build freehold home, and can assist you on the best way for you to approach the situation.

To speak to one of our specialist property solicitors about buying a new house or your current new build home situation, contact us on 0800 988 3674 or email advice@bartletts.co.uk

Now that we are well into 2020, have you made the changes you wanted at the start of this new year and for your future? If you haven’t already done so, now is the time to get your personal affairs under control should be priority.

Alongside the more usual New Year resolutions of joining the gym, giving up alcohol and spending less money, should be plans for making a Will and appointing a Power of Attorney in case the worst happens.

We have some tips for ensuring the New Year is a happy and peaceful one, thanks to your personal affairs being in order.

What Personal Affairs Plans Should I Make In 2020

Plan Your Will

If you don’t already have a Will, make it your priority to write one in the New Year. Your Will is there to express your wishes for your estate when you die, including who your beneficiaries are, your executors and how you want people to inherit. You can state who gets what asset and on what terms. Not having a Will means the rules of intestacy decide who inherits and this isn’t always what is wanted.

Update Your Will

It’s a good idea to check your Will every 5 years or whenever your family or financial situation changes. If you get married or have a baby, be sure to reflect this in your Will so loved ones are protected when you die. You may also want to change beneficiaries or executors over time or alter plans depending on any new tax rule changes so that loved ones can inherit in the most tax efficient way.

Check Your Living and Working Circumstances

If you live with your partner but are not married or in a civil partnership, your partner will not automatically inherit when you die unless you stipulate this in your Will – the rules of intestacy can deviate from this.

If you own your house, make sure the title deeds are up to date as this helps ensure loved ones are taken care of when you die.

It’s worth checking your life policies and pension policy to make sure your arrangements are up to date and provide your loved ones with the best protection upon your death. Financial advice will help you with your policies and tax efficiency. It’s also worth having a plan in place for your business that outlines what happens if a partner or shareholder dies, so that this happening does not impact on the worth of the business.

Power Of Attorney

Illness or an accident that changes your life and leaves you mentally incapacitated can happen at any time – which is why it makes sense to have a Power of Attorney in place today. Appointing someone to handle your affairs should you no longer be able to make decisions means you have the peace of mind that no matter what the future holds you can continue to protect loved ones.

Foreign Assets Rules

If you have assets within Europe, the changes to succession law in August 2015 mean it’s possible Scots Law can be used rather the law of that particular country when it comes to inheritance. If you hold assets outside of the EU you need to consider having a Will in these countries that unites well with your main Will.

How We Can Help You With Your Planning

New Year is a great time for making resolutions and putting plans in place for your future. Organising or updating your personal and financial affairs will not only give you peace of mind but also ensure you can provide for loved ones in the best possible way, today and tomorrow.

To speak to one of our specialist Family Law solicitors about planning for 2020, including Wills, trusts, estate planning and Power of Attorneys, contact us on 0800 988 3674 or email advice@bartletts.co.uk

Top Legal Tips For Buying A House With Friends

High house prices are making it harder for young people to get on the property ladder – which is why more and more are choosing to buy a house with friends.

On the surface, pooling your resources with friends to buy a property can seem like an ideal solution to tackling the dilemma of how to get on the first rung of the property ladder. However, there are many factors to consider and it’s important you think carefully before going ahead with such a joint purchase.

Top 3 Considerations When House Buying With Friends

How Are Payments On The House To Be Made?

When it comes to finances, consider whether you and your friends will pay the deposit, mortgage payments and other bills equally or not? Also, what happens to a person’s share of the property if they die?

You need a declaration of trust to cover all the details regarding payments. The declaration should state the shares everyone owns in the property and how the shares are to be divided when the property is sold, as well as what happens to the shares if someone dies.

How Easy Is It To Buy Another Property At A Later Date?

If a co-owner wants to take his or her money out of the house in order to buy somewhere else, does the property need to be sold? Or can you and the other co-owners buy out the person leaving and on what terms could you do this?

Other considerations on this topic include Stamp Duty Land Tax as buying a second place means you’re no longer considered a first-time buyer. If you or a co-owner can afford to buy another property whilst retaining interest in the co-owned house, an extra 3% Stamp Duty Land Tax on the purchase price has to be paid.

What Does Joint And Several Mortgage Liability Mean?

Mortgage liabilities are joint and several, meaning if a co-owner leaves or another is no longer able to pay due to job loss, you and the others are liable to pay the mortgage.

How We Can Help You With Your Joint House Buy    

Our professional conveyancing team has extensive experience when it comes to helping individuals as well as co-buyers to purchase their property in the least-stressful and most beneficial way.

If you’re thinking of buying a house with friends, it’s important you only undertake such a venture after seeking professional legal and financial advice first.

We will tailor our advice to your specific needs and the type of buying relationship you have with your friends, to ensure you’ve considered every aspect of your house buy – for today and for the future too.

To speak to one of our specialist conveyancing solicitors about buying a house, contact us on 0800 988 3674 or email advice@bartletts.co.uk

Many families in the UK provide financial help to their children when it comes to buying a house – but it’s important to be clear if this money is given as a gift or a loan.

As property prices have increased, young people find it harder to get on the property ladder so it’s not surprising that more and more are turning to their parents to help them buy their first home. The so-called “bank of mum and dad” is now the tenth largest lender in the UK and is involved in twenty percent of property transactions.

It is estimated some £6.3billion has been lent to family members during 2019 alone, and that the average loan is £24,100.

However, the number of families ending up in court regarding the financial help given by mums and dads for buying their sons or daughters’ properties has also increased – which is why it is important parents state from the outset if the money is a gift or a loan.

Gift Or Loan Clarity

Before entering into the buying process, make sure you’re clear from the outset if the money you are giving to your son or daughter is a gift or a loan.

This may sound simple but the conveyancing process can complicate matters.

Ask yourself questions including the following:

• Do you want the money to be repaid?
• Does the buyer need a mortgage?
• Does the buyer need a mortgage from a conventional lender?
• Is the buyer purchasing the property alone or with others?

The more detail you have on the purchase itself, the easier it will be to state your intentions clearly. For example, you may want the money to be repaid but depending on mortgage arrangements, it might mean it’s declared as a gift.

Mortgage With A Family Gift

When buying property, the buyer must tell the conveyancer where their funds are from, which in turn the conveyancer has to disclose to the lender. Depending on the source of funds, this could affect the lender’s view of the buyer’s ability to afford the mortgage.

Often, where a mortgage is involved, any family help is by way of a gift rather than a loan.

Mortgage With A Family Loan

Some lenders won’t agree to a mortgage if part of the deposit is funded by other loans – and this includes a family loan.

To treat money from family as a loan can complicate the conveyancing process when the buyer needs a mortgage, and generally won’t be acceptable to a mortgage lender if it involves repayments by regular instalments.

However, there are mortgage companies that may allow a family loan if the repayment is postponed until the property is sold in the future.

What If There Is More Than One Buyer?

Many first-time buyers are young couples who buy with the help of one or other of their parents. The couple would get joint ownership of the property and would need advice on the best way to proceed – it’s a good idea for couples to set out their contributions to the property in a declaration of trust if these are unequal.

A declaration of trust can also be used to state what happens to the gift should the couple later separate.

Protecting The Loan

If your financial assistance to your child is a loan, it’s important that your investment is protected and you should seek advice from your own conveyancer.

Options to consider include:

• Do you want to be on the property title even if you don’t live there?
• Do you want to take a mortgage over the property for the amount of the loan?
• Would you rather enter into a declaration of trust to state what your share is, rather than be on the title?

There are many factors to consider, including Stamp Duty Land Tax. As a lot of mums and dads who lend their children money for their first house purchase already own a house, it may mean exposure to additional tax and that the first-time buyer rate may be lost.

The surcharge would still be payable even if you didn’t go on the title deed but stated your share in a declaration of trust.

If you took out a separate mortgage to cover your share in the property, the surcharge may not be payable but the buyer’s lender may not be happy with this arrangement and may not agree to fund the purchase.

How We Can Help You With Bank Of Mum And Dad Matters   

Buying property is a complex process and even more so when the bank of mum and dad is involved – there are many factors to consider to ensure all parties are happy and protected.

You should seek professional advice if your money is not being given as a genuine gift but rather as a loan for your children’s property purchase.

Our conveyancers are experienced at handling a range of conveyancing matters and treat every client as an individual.

We will take the time to understand your situation and establish exactly what your intentions are when it comes to the property buy – today and in the future. This will enable us to give you tailored advice that considers all the details and provides you with the protection you need for your investment and enables your child’s house buy to go ahead in a relatively straightforward and stress-free way.

We will provide advice and guidance at the outset as well as throughout the conveyancing process to ensure you and your children are happy with the property purchase.

To speak to one of our specialist conveyancing solicitors about gifting or loaning money to your children for their house purchase, or about any other aspect of conveyancing law, contact us on 0800 988 3674 or email advice@bartletts.co.uk

For clinical negligence cases valued at less than £25,000, the Government is proposing changes to the way these cases are handled and fixed costs could become law in the next year or so.

A working group of the Civil Justice Council published a report recently on how a fixed costs scheme could work for clinical negligence claims, although the claimant and defendant representatives didn’t reach agreement on what the fixed costs will be or how solicitors’ fees can be incorporated into the costs.

“Any fixed costs scheme needs to be fit for purpose or there’s a risk of inadvertently limiting how easily society’s most vulnerable individuals can access justice,” says Trevor Morris, Solicitor and Director at Bartletts Solicitors.

“Lower value claims can still be hugely complicated and tricky, and the Government needs to ensure that specialist solicitors are still able to dedicate the time needed for a case if and when the costs are capped and fixed.

“If the fixed costs are set too low, it could mean many specialists are unable to take on certain cases where the costs are relatively low but the complexity of the individual case is high – and that would be a bad thing for people wanting to access the justice system.”

Clinical negligence claims vary from the minor to the major, and include a range of incidents such as misdiagnosis, delay in getting treatment, complications after surgery, and A&E negligence.

What Fixed Costs For Clinical Negligence May Mean For You

The concern is that victims of more serious negligence claims that are still relatively low-value, may be unable to access justice. Fixed costs could result in clinical negligence solicitors not taking on cases where the damages are relatively low if the amount of work required would make it unfeasible for them at the capped cost.

“The Government consultation is ongoing and we will continue to monitor developments closely,” adds Trevor Morris.

“Ultimately, our paramount concern is being able to deliver the highest standard of service and support to all our clients with cases of clinical negligence, as we do now – whether the claim relates to a relatively minor incident or to a life-changing set of circumstances.

“The fees are yet to be decided and we hope the Government considers all the factors involved with clinical negligence claims and adopts fixed costs regime which means those with genuine claims can still obtain legal representation.”

To find out more about our clinical negligence claims services or to speak to one of our specialist solicitors at our Chester or Wrexham offices about making a claim, contact us on 0800 988 3674 or email advice@bartletts.co.uk

If you go through a separation or divorce, it’s a naturally stressful time with so many pressing matters to consider – but business owners need to be mindful of their business at this time also or there can be consequences.

It may not be priority for you if your family breaks down, as you will understandably want to resolve serious issues such as whom the children live with and who keeps the house. However, it’s important to appreciate that your business would be included in the list of assets available for division between you and your spouse.

Family Law Act And Business

According to the Family Law Act, a business is part of the property collection that you and your spouse will divide between you upon separating or divorcing.

It’s not as simple as thinking it’s your business so you’ll keep it as part of the settlement. Depending on the value of the business, this can impact on the division of other assets to be shared.

Your Business As Part Of The Shared Properties

To be considered as part of the property portfolio that you and your spouse will divide between you, you need to have it valued.

The valuation can be done in one of two ways:

1. You and your spouse agree on its value
2. The business is professionally valued

The value of your business depends on a number of factors, including:

• Its structure
• Whether a buyer would want the business without your continued involvement in it
• The resale value of assets and equipment held by the business
• The value of the brand or goodwill

How We Can Help With Your Business And Separation  

If you’re struggling to agree on the value of your business, we’d advise having it professionally valued – this way, both you and your spouse will know its value and how best to divide this and the other properties between you both.

We’ve helped many individuals after their relationship has broken down, to divide properties in the fairest way. We can advise you on the worth of your business and help you to navigate your separation or divorce in the most straightforward and least stressful way.

To find out more about our family law services or to speak to one of our specialist solicitors at our offices in Chester about the value of your business and how best to incorporate it in the property pool to be divided between you and your spouse, contact us on 0800 988 3674 or email advice@bartletts.co.uk

Leaving a conditional gift in your Will can sometimes cause unintentional problems for loved ones in the future, which is why a gift with conditions attached needs careful consideration.

“You may have the best possible motives for leaving a conditional gift in your Will,” explains Nina Sperring, Solicitor and Director at Bartletts Solicitors.

“However, occasionally things can go awry with conditional gifts, when the beneficiaries fail to meet the conditions and as a result forfeit the gifts. The failure to fulfil conditions can be due to a number of reasons, including an unawareness of the conditions in the first place.

“Best intentions are not always enough when it comes to Wills and conditional gifts, and it’s important you regularly review and update your Will to avoid future issues arising for loved ones after you die.”

What Happens When The Conditions Of A Gift Aren’t Met?

The importance of having an up-to-date Will when conditional gifts are involved, is highlighted by a recent High Court case.

This High Court case resulted in two adult children missing out on their share of a farming partnership their father would otherwise have had due to a failure to meet the condition set by their grandfather in his Will that they didn’t even know about.

Background To The Case

Mr Hines was the owner of a family farm and left his interest in the farm to his wife and two of his children, John and Philip, split equally between the three of them, in his Will.

The gift to John and Philip was made with a condition, however. The condition was that within nine months of his death, each had to pay their brother Basil and sister Beryl £15,000. If this condition was not met, their inheritance would pass to Basil and Beryl.

Condition Not Met

Mr Hines’s death meant the time limit on the conditional gift was 4 October 1992.

John failed to meet the deadline and his interest passed straight to Basil and Beryl.

Philip, however, had died two years before his father, in 1990, so obviously could not meet the condition stipulated in his grandfather’s Will.

Philip’s children, Judith and Janet, brought the case to the High Court claiming they should have their father’s share of the farm. They argued they should either inherit free from the condition imposed on their father in the Will or be excused of their obligation due to their ignorance of the condition.

The judge ruled that they shouldn’t inherit, as the condition within Mr Hines’s Will was very clear and that the children of a beneficiary are bound by the same conditions as the beneficiary. Furthermore, a beneficiary’s ignorance of a condition or the ignorance of the beneficiary’s children does not make that condition impossible to fulfil.

Hence, Judith and Janet did not inherit and their share of the farming estate passed to Basil and Beryl.

Important Lesson

Had Mr Hines updated his Will after Philip’s death, he could have made his condition surrounding the gift for his two sons clearer and Philip’s children would likely have been able to meet the condition and inherit accordingly.

How We Can Help You With Conditional Gifts   

It is important to write down all your wishes for loved ones in your Will, including any conditional gifts you want to leave to beneficiaries. However, it is even more important to ensure your Will is carefully drafted by a professional solicitor and that you review and update it on a regular basis, especially where conditional gifts are concerned.

We’ll ensure all your wishes for your estate are detailed in your Will, including any gifts with conditions attached, and that your Will is as legally watertight and current as possible, to help avoid disputes down the line.

To speak to one of our specialist Wills and probate solicitors about making or updating your Will to incorporate a conditional gift, contact us on 0800 988 3674 or 01244 311 633 or email advice@bartletts.co.uk

The personal injury specialists at Bartletts Chester office recently helped a local cleaner to secure compensation for respiratory symptoms, which had been caused by living in unfit housing conditions for two years.

The 42-year old cleaner had been living in the below-standard property with damp and mould, that ruined many of her clothes and made her susceptible to chest infections, coughs and colds during the winter months.

As a result, she suffered from respiratory symptoms far more frequently than the average person experiences winter coughs and colds.

Luckily, she decided to use the personal injury services available from the Bartletts Chester office, and the team was able to use the photos of the damp house that the client had taken as evidence. She also had been in touch with her GP, despite self-medicating for her symptoms, and there was a record of her ailments as a result. Although there was no evidence she had complained to her landlord, the landlord had failed to comply with housing protocol and was at fault for not doing so.

The personal injury specialists at Bartletts Chester helped her to successfully claim compensation for her respiratory symptoms caused by unfit housing, as well as for damaged clothing and possessions.

In addition to the compensation, she was moved to new accommodation and no longer suffers the symptoms caused by her previous unfit home.

Our experienced property solicitors have handled all types of claims against landlords for disrepair and are here to help you if you’ve suffered an illness or injury, stress or loss, due to property disrepair and want to make a claim for compensation.

For advice and guidance on your housing situation or to speak to one of our property solicitors about making a housing disrepair claim, contact us on freephone 0800 988 3674 or Tel Chester: 01244 405 399 or email advice@bartletts.co.uk