When most people view a property, they’re focused on the obvious things such as the kitchen, the garden, the local schools and whether or not their sofa will fit in the living room. However, it is often only during the conveyancing process that the hidden story of a property begins to emerge.

Many buyers are surprised to discover just how much investigation takes place behind the scenes before contracts are exchanged. Whilst a property may appear perfect on the surface, conveyancing searches and enquiries can reveal issues that even the seller may not have considered.

For example, a routine search might reveal that a charming country cottage is affected by a public footpath crossing part of the land. A dream family home could be situated within a conservation area, meaning future alterations may be subject to additional restrictions.
Then there are the more unusual discoveries. Conveyancers have uncovered properties built over old mine workings, homes affected by historical rights of way and gardens with mains sewers and pipes that prevent future extensions. Some buyers even discover that a section of their property is technically owned by someone else due to a flying freehold arrangement.

Parking can be a source of disappointment. A driveway that appears to belong to a property may not always be included within the legal title. Accessways, shared driveways and allocated parking spaces often require careful investigation to ensure the buyer is acquiring the rights they require.

One of the most valuable aspects of conveyancing is identifying potential issues before they become expensive problems. A buyer who identifies a problem after completion may have limited forms of redress. By contrast, issues identified during the transaction can often be resolved, renegotiated or properly insured against.

The process is not designed to create obstacles but to protect buyers from unwelcome surprises. Whilst it can sometimes feel frustrating when solicitors raise numerous enquiries, those questions are often the reason problems are identified before a buyer is committed
The conveyancing process provides reassurance. It helps ensure that buyers understand the rights the property has the benefit of and the reservations, obligations and restrictions which property is subject to.

At Adams Harrison, we believe informed buyers make confident buyers. Our conveyancing team works to uncover potential issues early, explain complex legal matters clearly and help clients move into their new homes with peace of mind.

What happens to children under 18 when you die will mainly depend on two things: whether you have named a guardian in a valid Will, and whether another parent with parental responsibility is still alive. If you have named a guardian and there is no surviving parent with parental responsibility, that guardian will usually be able to take responsibility for your children and make important decisions about their care. If both parents die without naming guardians, the court will need to decide who should be appointed. Until then, no one will automatically have parental responsibility for the children.

Parents can name guardians for their children in their Wills. A guardian is someone who is given parental responsibility for a child. In simple terms, this means they can make the kind of important decisions a parent would normally make, such as decisions about where the child lives, their education, medical treatment, and contact with other people.

What happens if I do not appoint a guardian?

If both parents die without naming guardians, only the court can appoint someone. An informal agreement with a friend or relative is not enough to give that person parental responsibility. They would only have parental responsibility if the court appoints them, makes a relevant order, or if they have already acquired parental responsibility in another legal way, for example as a step-parent.

My child has godparents will this be sufficient to ensure that they are cared for?

Godparents have no automatic legal status as guardians under English and Welsh law. Being named as a godparent does not give any legal rights or responsibilities with respect to a child if the parents die. If parents wish their chosen godparents (or anyone else) to have legal responsibility for their children after their deaths, they must formally appoint them as guardians, typically through their Wills.

If you are considering appointing guardians for your children or would like to review your existing arrangements, professional advice can help ensure your children are looked after exactly as you intend.

Book your appointment today by contacting one of our offices:

• Saffron Walden: 01799 523 441
• Haverhill: 01440 702 485
• Sawston: 01223 832 939

You can also visit our website and get in touch via our Enquiries Form

When a landlord dies, it can leave both tenants and family members unsure about what happens next. The key point is that the tenancy does not automatically end. In most cases, the tenant keeps the same rights and responsibilities, and someone else steps in to manage the property while the landlord’s estate is dealt with.

The tenancy continues

A tenant does not have to leave simply because their landlord has died. The tenancy normally continues on the same terms, including the rent, repair obligations and any other conditions in the tenancy agreement.

Who takes over?

If the property was owned jointly, the surviving owner will usually become responsible for the tenancy straight away. If the landlord owned the property in their sole name, the estate will be dealt with by the executors named in the will, or by administrators if there is no will. These people are often called personal representatives.

Rent and repairs still matter

Rent remains payable, but tenants should make sure they know who is legally entitled to receive it. If there is uncertainty, it is sensible for the tenant to keep the rent safely set aside until clear payment instructions are given. Repairs, safety checks and deposit obligations also continue while the estate is being administered.

Once the personal representatives change the address for service or payment arrangements, they should give the tenants an updated Section 48 address and comply with Section 47, so that rent remains lawfully due and any future notice is valid.

If the property is sold or inherited

If the property is later sold or transferred to a beneficiary, the new owner takes over as landlord. The tenant should be given the new landlord’s name and address, together with clear information about where rent should be paid and where notices should be sent.

Practical steps

• Landlords should ensure a Will is made to appoint executors that can step in and manage the property.
• Appointed Executors/Personal representatives should identify themselves clearly and provide written payment instructions.
• Urgent repairs, insurance and safety requirements should be dealt with promptly.
• Legal advice should be taken if there is any dispute about authority, rent, possession or sale.

The death of a landlord can be unsettling, but it does not usually change the tenant’s immediate right to remain in the property. Clear communication, proper records and early legal advice can help avoid confusion for everyone involved.

You can find out more about our services to Landlords and Tenants, and download our leaflet, here Residential Landlord and Tenant Disputes Legal Services | Adams Harrison

For more information and advice on this and how this may affect you please contact our Property Litigation Team at [email protected]

When couples make Wills together, the terms “mirror Wills” and “mutual Wills” are often used interchangeably. In reality, they are very different legal arrangements, and misunderstanding the distinction can have significant consequences for a family’s estate planning.

In practice, most couples who ask for “mutual Wills” actually mean mirror Wills. True mutual Wills are relatively rare because they create a binding agreement that can restrict the surviving partner’s freedom for the rest of their life.

What Are Mirror Wills?

Mirror Wills are two separate Wills containing identical or near-identical provisions. Typically, each partner:

• Leaves their estate to the other on the first death; and
• Leaves the estate to the same beneficiaries (usually children) after the second death.

Although the Wills mirror one another, they remain entirely separate documents. Either party can change or revoke their own Will whenever they choose, provided they have the necessary mental capacity.

This flexibility is one of the major reasons mirror Wills are so popular and recommended.

The key drawback is that nothing prevents the survivor from changing their Will after the first death.

What Are Mutual Wills?

Mutual Wills go much further than mirror Wills. A mutual Will arrangement involves a legally binding agreement between two people that neither will change their testamentary wishes without the other doing so, this becomes impossible once the first party to a mutual Will passes away.

The Wills themselves may look similar to mirror Wills, but there is an additional contractual element. Upon the death of the first person, the survivor becomes bound by the agreement and cannot later alter the ultimate destination of the assets.

If the survivor tries to depart from the agreement, the courts may intervene to enforce the original arrangement.

Mutual Wills are typically used where certainty is more important than flexibility. A common example is a blended family.

A mutual Will arrangement can provide protection against this risk by ensuring that the agreed beneficiaries ultimately inherit.

The Importance of Clear Evidence

One of the difficulties with mutual Wills is that the courts require clear evidence that a binding agreement was intended.

The fact that two Wills are identical does not automatically make them mutual.

In England and Wales, the courts generally require convincing evidence that the parties intended to create a legally binding arrangement and not merely matching Wills. For that reason, solicitors drafting genuine mutual Wills usually record the agreement in very clear terms.

The decision between making mutual Wills and mirror Wills is an important one and not one to be made quickly. If you would like to create a new Will with your partner and would like friendly and professional advice as to the advantages and disadvantages of both options that are tailored to your familial and financial circumstances, please contact one of our offices using the details below.

Saffron Walden – 01799 523 441

Sawston – 01223 832 939

Haverhill – 01440 702 485