Cancer Research Coffee Morning at Adams Harrison
Adams Harrison also took part in the Coffee Morning for Cancer Research on Friday 28th September – total so far raised is over £83.00 – still the odd cake left so hoping to get in some more money.
Jeans For Genes Day at Adams Harrison
Adams Harrison took part in the recent Jeans for Genes day on 21st September and raised a total of £50.00 across the three offices where staff wore jeans to work (even had some staff that contributed without wearing the jeans…)
Thank You From Sawston Village College
We were delighted to receive this thankyou note from Sawston Village College for our support of their 2019 Sports Awards Evening.
It is our pleasure to help an important local community and we hope the evening goes well.
Please click on the image below to read the full letter.
Make a Will or Review your Existing Will
A Will is a legal document confirming how you wish your assets (your estate) to be dealt with following death.
Every adult who owns assets should make a Will rather than rely on the Intestacy Rules (statutory provisions) where there is no Will.
What is worse than not making a Will? Leaving an out of date or incorrectly drawn up Will.
Even if you have already made a Will, this ought to be reviewed periodically and in particular if you or your family’s circumstances have changed and following new legislation.
Have you married since making your Will? Marriage automatically revokes a Will made prior to the marriage unless it has been made in contemplation of, but not conditional upon, the marriage taking place.
Have you separated or divorced since your Will was made? A review would be advisable.
Have you had children since you made your last Will? Or perhaps you have subsequently become involved in a business which should be catered for separately in your Will.
Do you need to consider the joint ownership of any freehold or leasehold properties? Do you own as joint tenants or tenants in common and what is the difference?
Would a review of your Will ensure your property could be safeguarded against possible future nursing home fees of a surviving spouse?
Furthermore, there are Inheritance Tax considerations insofar as there is a new Residence Nil Rate Band that may be applicable to your estate and might require a review of the terms of your existing Will to fully utilise this new exemption.
If you require advice in relation to making a Will or reviewing the terms of your Will, contact a member of Adams Harrison’s Private Client Department for expert and professional advice.
Melanie Pratlett
Partner
Head of Private Client Department
Law Commission Proposes Major Modifications to the Enfranchisement Rules for Leasehold Houses
In December of 2017 the Government announced it would prohibit nearly all future sales of new build leasehold houses and would be proposing modifications to the existing rules applicable to leasehold properties to circumvent what it has referred to as “feudal practices” and “unnecessary leaseholds, unjustifiable charges and onerous ground rent terms.”
Although for flats leasehold ownership is often practical, the Government sees little reason, other than additional profits for developers, for houses to be sold on a leasehold basis. A ban on leasehold house sales will only protect future purchasers of newly built properties and would not present any respite for the millions of people in the country who already own leasehold houses.
To assist existing leasehold homeowners the Government has asked the Law Commission to prioritize modifications to the current enfranchisement scheme. Leasehold property owners have “enfranchisement rights” which include a right to purchase the freehold interest in a property or to extend the leasehold term. However, at present, the rules relating to enfranchisement are complex, technical and burdensome.
The Law Commission has published a summary of proposed modifications to the leasehold enfranchisement scheme relating to leasehold houses. The modifications proposed are aimed at simplifying the regime to make enfranchisement more accessible for leasehold property owners and include recommendations for the removal of unnecessary technical hurdles, modifications to the eligibility rules, and simplifying the enfranchisement procedure. Under the current scheme a leasehold owner must have owned the property for at least two years before the rights can be exercised, however, the proposed changes would do away with this time requirement to allow leasehold house owners to seek immediate relief.
At this stage the proposed modifications are just that, proposals, however the Law Commission has advised that an in depth Consultation Paper will be published this month and it is our hope that the proposals will lead to substantive changes in the enfranchisement regime which will make the enfranchisement process simpler and less expensive for our clients.
If you have any questions please contact our Conveyancing team.
Changes To Section 21 Notices Coming 1 October 2018
On 1 October 2015, big changes were made to section 21 of the Housing Act 1988 for tenancies in England.
These changes were brought in by the Deregulation Act 2015 for tenancies that came into effect or were renewed on or after the 1st October 2015. The notable provisions were as follows:
- The introduction of a new section 21 Notice (form 6A).
- Compliance with the Tenancy Deposit Scheme (“TDS”).
- The Requirement to have given the tenant a gas safety certificate before the tenancy commences.
- The requirement to have given the tenant an EPC before the tenancy commences.
- The requirement to have given the tenant the ‘How to Rent Checklist’ before the tenancy commences.
- Limiting the time to enforce a section 21 notice to six months after the date of service.
- The removal of the requirement to expire a section 21 notice under a periodic assured shorthold tenancy ‘after the end of a period of the tenancy’.
From 1 October 2018 these rules will apply to ALL tenancies. This includes tenancies granted before October 2015.
The only exception is the requirement to provide the How to Rent Guide (because this did not exist before October 2015).
These requirements make it more onerous for landlord to evict tenants and make the service of a section 21 notice even more important than ever before.
If you require further advice on these changes and how they can effect you please contact Anton Bilinski who is able to guide you through these changes and act for you when a landlord or tenant dispute arises.
Support For Cancer Research UK
Adams Harrison were pleased to receive a certificate of appreciation from Cancer Research as they have achieved a Bronze Award for raising a total of £271,529 through gifts in Wills.
The certificate was presented to Christine Gee of Adams Harrison by Maddy Simmons of Cancer Research UK.
Boundary Disputes
The question of where exactly the edge of your property ends and where the adjoining property starts is one that frequently becomes an area that our property dispute department is asked to assist with.
Establishing the precise location of a boundary is not always as easy as it would first seem. It is a common misconception that the title plan for your property, as registered with the Land Registry is the definitive guide to the boundary location. However, registered title filed plans usually show general boundaries only and not an exact boundary line.
Therefore, if a dispute arises it is necessary to look at a number of factors in an attempt to establish the boundary. The case of Acco Properties Ltd v Severn in 2011 set out the principles to be applied to boundary disputes:-
- Ordnance Survey (OS) plans are usually only a general guide to boundary features and should not be scaled up to delineate an exact boundary.
- The starting point is the wording of the conveyance and the conveyance plan or, if the plan is stated to be definitive, guided by the plan.
- If the conveyance is not clear then extrinsic evidence may be considered, for example, features which existed at the date of the conveyance.
- Evidence of the parties’ subsequent conduct may be relevant and admissible if it reveals what the parties intended.
- Evidence of features after the date of the conveyance may be relevant.
- The boundary needs to be clear rather than “fuzzy at the edges”.
- Even if the boundary is clear from the conveyance other evidence may show a different boundary as a result of adverse possession.
- An informal boundary agreement need not be in writing as it demarcates an unclear boundary rather than operating to transfer an interest in land.
- Boundary agreements are usually oral, but can be inferred or implied.
- The court should have regard to what a reasonable layman would think that he was buying.
Litigation can be complex, uncertain and expensive. Therefore, various Alternative Dispute Resolution measures are the preferred option for many to resolve any dispute. This includes mediation.
Also, a recent, new protocol for use in boundary disputes has been developed. This sets out a suggested procedure that the parties to a dispute can agree to adhere to in an effort to resolving matters amicably.
The main aim of the protocol is to agree the instruction of a surveyor on a joint basis to provide an expert opinion on the boundary. We can assist with implementing the protocol and corresponding with the other party.
We also advise and assist clients when they decide to participate in mediation so we can be on hand to provide legal advice, something a mediator does not do. If you have any boundary dispute issues or question please contact us.
Congratulations to Kelsey Ling
Many congratulations to Kelsey Ling, who has completed her apprenticeship and is now working in our Family Department.
Well done Kelsey!
What Is A Deed Of Variation?
You may be surprised to learn that it is possible to alter someone’s Will after their death, providing that any beneficiaries left worse off by the changes agree. The changes can be made by what is known as a deed of variation.
If someone dies intestate (without a Will) then the intestacy rules govern who inherits. A deed of variation can also be used to change the inheritance in the same way as if there was a Will.
There are various reasons why it may be a sensible idea to change a Will or redirect inheritance under the intestacy rules. These include:-
- to reduce the amount of Inheritance tax (IHT) or Capital Gains Tax (CGT) payable
- to provide for someone who was left out of the Will
- to move the deceased’s assets into a Trust
- to clear up any uncertainty over the Will
Deeds of variation are a useful inheritance tax (IHT) planning tool because any inheritance from an estate that is redirected to others will be treated as if the deceased made the gift. This means that the person allowing the redirection does not have to survive the gift by seven years in order for it to fall outside of their own estate and therefore not be subject to IHT. A common example would be a child who is to inherit from their parent’s estate. If the child is already financially sound then they may not require the inheritance which would only increase the size of their estate, giving rise to further IHT charges on their own death. In this situation, the child may wish to redirect the inheritance to their own children who could benefit from the money.
A deed of variation could also be used to alter the division of a Will to benefit a charity. Making such a change could potentially attract a lower 36% rate of IHT of the estate that is chargeable which would reduce the IHT bill.
It is important to know that a deed of variation must be made within two years of the date of death. Furthermore, once a deed of variation is signed it cannot be revoked so it is paramount that careful consideration is taken before entering into a deed of variation.
For more information, please contact our Private Client department for expert and professional advice regarding wills and probate issues.
Hayley Ford, Private Client Solicitor
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