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Equity Release

May 1, 2012 – 12:02 pm

As our general health improves and life expectancy increases, the result is often an increased pressure on the finances of elderly people.  In the current times of low interest rates, poor returns on investments and reduction in the value of savings and pensions, a number of homeowners are turning to equity release.

Whilst this used to be seen as a last resort to enable elderly people to release capital from their home, it is often now used as a form of financial planning.

Once spent, the cash benefit is not available to pass on to your family or other chosen beneficiaries.  However, your estate is reduced for inheritance tax purposes by the money to be repaid to the loan company on your death.

Whilst this is often a very useful form of financial planning, there may be options which may fit your circumstances better than equity release, and if you wish, we can talk things through with you and provide advice which is tailored to your individual circumstances.  Should you wish to obtain any further information about any of the issues raised here, please contact a member of the Private Client Team at Pinkney Grunwells Lawyers on 01262 673445 or 01723 352125 or 01947 601122





The Adoption Process- The Governments Proposed Changes

April 24, 2012 – 9:28 am

Most children being adopted are removed from their parents by Authorities because they do not think they can look after them.  In some cases care proceedings can take a year before they are concluded and the average length of time between a child entering care and moving in with their adoptive family is one year and nine months,  black children take twice as long as white children to be adopted. 

On the 9th March 2012 the Department of Education reported that the Government was introducing measures to speed up the adoption process so new families are found for children who need them as soon as possible.  The Prime Minister has said the plan will tackle “absurd barriers to mixed race adoption”.

Local Authorities will be required to reduce delay of all cases and will not be able to delay an adoption for the perfect match if there are other suitable adopters available.  The ethnicity of a child and the prospective adopters will in most cases come second to the speed of placing a child in a loving home. 

Proposed changes to legislation will make it easier for children to be fostered by approved prospective adopters whilst the Court considers the case for adoption.  This will mean they stay in one home with the same parents, first as Foster Carers, then as adopted parents, if the Court agrees to adoption. 

Adopters will have to be approved within six months, with two months spent on training and four months spent assessing them and matching them with a child.

If a match has not been found locally within three months of a child being recommended for adoption the Local Authorities will have to refer them to the National Adoption Register so they can find a match in a wider pool of prospective adopters.  Local Authorities are to be issued score cards to measure how quickly they place children for adoption.   Score cards will keep a check on how Local Authorities are doing. The score card will show:-

  • The average time it takes for a child to be moved in with an adoptive family.
  • The proportion of children waiting longer than they should – including those still in Care
  • The average time it takes an Authority to match a child with a family after a Court has decided that he or she should be adopted. 

 Last year 3,000  children were found new homes through adoption.  There were more than 65,000 children in care in England.  However not all of these children are available or likely to be adopted.  Many pass in and out of the Care system as efforts are made to keep families together.  Some children are being cared for by family relatives and some are teenagers for whom adoption is not necessarily seen as the best option.    

Whilst these changes came into effect on the 9th March other changes to the Adoption system and reforms to services for children in care, are to be set out in the summer.





Debt Recovery, 3 Important Questions

March 6, 2012 – 11:40 am
1.   Are you owed money that you are struggling to recover?
2.   Have you done work and the customer is refusing to pay?
3.   Do you have a Court Judgment that you need enforcing?

 Whether you are a business or an individual, we can offer a helpful and effective service, whether the debt is big or small.

 Commercial

 A bad debtor is bad for business.  By speaking to us, you can ensure debts are quickly and effectively followed up as soon as they become overdue.  The longer an invoice remains unpaid, the greater the damage to your cash flow.

 Individuals

If you are owed money and this is causing you anxiety and stress, then by speaking to us, we can ease the burden.  All our costs are made clear upfront with no hidden costs, enabling you to make an informed decision as to how your debt can be recovered.

 Letter of Demand

 A strongly worded solicitors letter and the threat of Court proceedings and a County Court Judgment (CCJ) can often prompt payment without the need for any further action.  The cost for preparing and sending a letter of demand is shown below :

Debts up to £750   £25 plus VAT
Debts from £750 up to £25,000   £50 plus VAT

Debts over £25,000 – We offer a tailored service.

 Issuing a Claim

 If there is not a satisfactory response to the letter of demand, we can prepare and issue your claim and request a County Court Judgment (CCJ) against the Debtor.

 The County Court sets the fees for the issue of proceedings and these are set out below :

Court Fees *

(payable on issue)

 £0-£300 = £35

£300.01-£500 = £50

£500.01-£1,000 = £70

£1,000.01-£1,500 = £80

£1,500.01-£3,000 = £95

£3,000.01-£5,000 = £120

£5,000.01-£15,000 = £245

 £15,000.01-£50,000 = £395

£50,000.01-£100,000 = £685

£100,000.01-£150,000 = £885

£150,000.01-£200,00 = £1,080

£200,000.01-£250,000 = £1,275

£250,000.01-£300,000 = £1,475

More than £300,00 or an unlimited amount = £1,670
  Current as at 01.11.2011  

 

Solicitors Costs *

(payable on issue)

 £0-but does not exceed £500 = £50 plus VAT

£500-but does not exceed1,000 = £70 plus VAT

 £1,000- but does not exceed £5,000 = £80 plus VAT

Over £5,000 = £100 plus VAT
  current as at 01.11.2011

 * Court fees and solicitors costs are usually recoverable from the other side if your claim is successful.  Responsibility for payment of these fees and costs lies with you.

 Obtaining a County Court Judgment (CCJ)

 In most cases the Debtor does not defend the claim and we can request a CCJ at that point.

 Enforcement

 Unfortunately, having a CCJ does not guarantee that the Debtor will pay.  There are various enforcement measure we can take so that you are paid what you are owed.  Typically, this might include obtaining a Charging Order or an Attachment of Earnings Order.

 We operate a fixed fee system as detailed below :

  Our legal fees plus VAT Court Fee (no VAT)

 
Charging Order £250 £100
Third Party Debt Order £100 £100
Attachment of Earnings Order £100 £100
Statutory Demand £100 Nil

Bankruptcy/Winding Up – we offer a tailored service.

 * Other disbursements may be required, for example Land Registry fees, Recorded Delivery charges etc, and these will need to be paid by you.

 Defended and complex claims

 Whilst most cases are not defended, we are able to deal with defended claims, but not on a fixed cost basis.  Instead, we apply an hourly charge plus VAT and disbursements.  Complex cases are also dealt with on this basis.

To find out more or to book an appointment please contact Peter Noble on 01723 352125





Where do your boundaries lie?

December 29, 2011 – 6:39 pm

Today boundary disputes are becoming more and more commonplace. When a fence is broken or conifers are left to grow too high, neighbours want to know whose responsibility they are. Therefore, establishing the boundary of a property is important because it will determine the extent of the land over which rights and liabilities may attach. The legal boundary is the invisible line that divides the land between the ownership of adjoining land owners. Contrary to popular belief, often physical boundaries do not always follow the same line as the legal boundary.

When property is registered at the Land Registry (which most property in the UK is) the boundary line is usually a ‘general boundary’ which is not the exact line of the legal boundary. Therefore, registration with a general boundary does not determine ownership and importantly, the maintenance obligations of physical boundary features.

When disputes between neighbours arise, and the parties want to establish the legal boundary the first place to look may be the old pre-Land Registry title deeds. The property description clause in an old conveyance or transfer may describe the property precisely enough to determine the legal boundary and may make reference to a plan. Inverted ‘T’s’ marked on plans are now accepted as persuasive evidence of ownership of a boundary feature.

Often title deeds are unavailable or unclear; therefore several legal presumptions have emerged and are applied by the courts when trying to resolve disputes;

1. Hedge and Ditch;
When properties are separated by a hedge and an adjoining single ditch there is a presumption that the land owner on the hedge side owns both the hedge and the ditch.

2. Roads;
Where a property adjoins a road, and the road falls outside the red edging on the title plan, the owner is presumed to own up to the middle of that road. Where the road is classed as a public highway this presumption is subject to various rights of the Highways Authority.

3. Non-tidal rivers and streams;
The owner of a property that abuts a natural non-tidal river or stream also owns the bed of the river up to the centre line and if the course of the river or stream changes naturally, the boundary is presumed to change with it.

4. Sea-shore;
Where a property adjoins the sea, there is a presumption that the boundary of the property extends to the top of the foreshore, this is the land that lies between the high and low water marks of an ordinary tide.

5. Fences;
It is a common belief that the posts of a fence are on the owner’s side. This is not a legal presumption; however, the position of the posts may be taken into account by a court in helping to determine the ownership of the fence.

Legal boundaries can also be established by an application to the Land Registry. The application must be accompanied by sufficient evidence in support of the boundary line claimed. A notice will then be served on the adjoining neighbours and if any of them object to the application the dispute may need to be resolved by the court. This is an expensive and time consuming route to take.

Finally, boundary disputes can be resolved by agreement between the parties. There are two types of boundary agreement; first those that constitute an exchange of land and second, those where the parties merely intend to determine an unclear boundary. There is a presumption that an informal boundary agreement falls into the latter category. It is perhaps a little ironic that, though this is the cheapest and simplest way to resolve disputes, the likelihood of such an agreement in the context of a dispute is very slim indeed.

To find out more about property boundaries and how you can resolve any disputes, please contact Zoe Colling on 01723 352125 at Scarborough, Helen Jackson on 01262 673445 at Bridlington Noel Barrett on 01947 601122 for Whitby.  

The above is for general information only, please contact us for further information





What happens to my assets when I die?

October 30, 2011 – 8:51 pm

If you have made a Will during your lifetime, it will come into effect on your death.  A Will sets out who your estate should pass to and appoints people as executors to deal with the administration of your estate. 

If you have not made a Will during your lifetime, you will die ‘intestate’.  This means that the people who benefit from your estate are family members dictated by law rather than family or friends of your own choosing.  This intestacy law also dictates who should deal with the administration of your estate for you. 

It is obviously far preferable to make a Will, in order that you can choose exactly who you would wish to benefit from your estate and in what shares.  You can also indicate who you would wish to act as your executor and, if you have children under the age of 18, you can appoint guardians to care for your children in the event that you pass away.  Finally, you can also give instructions as to what you would wish to happen to your body after you die, whether you would prefer to be buried or cremated and details of any wishes you may have regarding your funeral. 

Is there anything I cannot do in a Will? 

Your Will cannot deal with any property which you own as ‘joint tenants’ with another person.  On your death, any property which you hold in this way will pass automatically (by what is called the law of survivorship) to the surviving co-owner or co-owners.  If you do not wish this to happen, then you need to plan for this during your lifetime and execute documentation to enable you to change from holding property as ‘joint tenants’ to holding the property as ‘tenants in common’.  This will mean that you will be able to leave your share of the property in accordance with the terms of your Will. 

Can my Will be disputed after my death? 

You are free to leave your estate to whoever you wish.  However, it is possible that your Will may be challenged on your death. 

There are several grounds on which a Will can be challenged.  These include the fact that the person making the Will did not have the necessary mental capacity (or sufficient understanding) to do so; that the person making the Will was ‘unduly influenced’ by another person when making the Will; or that a relative or other person who expected to be provided for was not provided for. 

Should you be concerned that your Will may be challenged when you die or that a claim may be made against your estate, it is even more important that you see a Solicitor for full advice as to how best to proceed.  This can reduce the likelihood of a successful claim being made against your estate after you die and increase the likelihood of your estate passing to your chosen beneficiaries without problems. 

How do I obtain further information about any of the issues raised here? 

By contacting a member of the Private Client Team at Pinkney Grunwells Lawyers on 01262 673445 or 01723 352125 or email solicitor@pinkneygrunwells.co.uk





Home Improvements – documents you need to obtain?

May 19, 2011 – 11:09 am

When you buy a property we, as your solicitors ensure that all the necessary legal paperwork is obtained from the seller.  The law has changed considerably in the last few years imposing stricter conditions on who can carry out works at properties and to what standards these works are carried out. In many cases you need to obtain a compliance certificate, which is a document certified by the relevant competent authority that the work meets the specifications required by law.

Here at Pinkney Grunwells we will make sure the right documents are received for work done before you buy.  You may then have work done to the property once you move in, which by law, requires certain certificates to be obtained from the tradesman.  If you have not kept or obtained these documents this could result in delays and  additional costs for you to pay when you come to sell as duplicates will have to be obtained or insurance taken out if certificates are not available.

These are some examples of documents which you must ensure you have/obtain:-

FENSA or buildings regulations certificate for new windows and doors

Building compliance certificate for boiler and central heating works installations.

Compliance Certificate for electrical works.

In many cases the contractors have to pay their professional body to enable them to issue the certificates so unless you request them at the time of doing the work you may not receive them.

Following your purchase we can store your documents free of charge and they will be quickly and easily available when/if you decide to sell.  This means there are no delays in getting your sale underway when a buyer is found.  If you have work done during your ownership of the property you can bring the additional documents into us and we will put them with any others we hold, again free of charge.

If you want us to store your deeds and documents or are unsure as to what certificates you should obtain when having work done please do not hesitate to contact any of our offices on:-

Whitby  01947 601122

Bridlington  01262 673445

Scarborough 01723 352125

Hunmanby/Filey  01723 890634

Or at solicitor@pinkneygrunwells.co.uk





Will Writers

April 26, 2011 – 8:31 pm

Although the offer of cheap Wills may seem tempting, sometimes, all is not as it seems.

Often, clients are lured into these “cheap” wills, and it can be an unpleasant surprise when the final bill comes to find out the true cost of the added extras. One example is secure storage charges.  Many solicitors firms, like ourselves, do not charge for this service, but this is often an “add on” charge for Will Writing firms.

This firm has experienced several problems with wills prepared by Will writing companies.  These include a Will being witnessed but not signed by the person making it, (when the company was challenged about this following the death of the Testator, they said that they did not understand what was wrong and believed that the Will should stand!), to the Will being sent to the Testator for signing, and clearly giving details of how to sign and Witness the Will, but not mentioning that it needed to be dated.  As the person had made a previous Will, this cost the estate hundreds of pounds to prove the new Will (the one prepared by the Will writer).

As Solicitors, we can draw up Wills – for which we need to be properly qualified and regulated by the Law Society. However, you don’t need to be a solicitor to be a Will writer. You don’t need any qualifications, and there is no unified regulation of the Will Writing industry and many of the Will Writing forms are not subject to the obligations to take out indemnity insurance to cover claims if things go wrong. Solicitors have to take out this insurance, and therefore clients are fully protected.

There has been a lot of publicity surrounding Will Writing Companies and the problems and expense they are costing their Clients (or their families).  There has been much press and television coverage, which has highlighted the difficulties that have been encountered.  A BBC Panorama investigation, last year, uncovered cases where initial will-writing fees of £75-£100 escalated to thousands of pounds, with clients and families of the deceased then being charged fee percentages for handling estates after death, which they were never told about.

 Another temptation is make your Will at home.  The danger is that if such Wills are not drafted correctly, although saving money initially, they can cost your estate a lot of money following your death as the difficulties then need to be sorted out.

 With prices starting at only £100 plus VAT, why not book an appointment today. Contact us on solicitor@pinkneygrunwells.co.uk or call 01723 352125 / 01262 673445 / 01947 601122 or 01723 890634





Separating Couples Compelled To Consider Mediation

March 31, 2011 – 8:56 am

As from April 2011 separating couples who embark upon the legal process whether it is in relation to a childcare dispute or financial issues must consider mediation before going to court.

What is mediation? Parties meet with a mediator who is specifically trained to help separating couples resolve a dispute. The mediator will work with the couple to identify issues that can’t be agreed upon to help them try to reach an agreement without the need for attending court. The mediator will not give advice on the parties individual position and the parties will still need/be recommended to seek their own independent legal advice either throughout the mediation process or upon the terms of agreement reached. The mediation process is confidential and any discussion which takes place in mediation is not binding on either party. Once an agreement is reached the parties will be advised to enter into a legally binding agreement which is usually done through the parties’ respective solicitors.

Do Parties have to attend mediation before going to court? No:  You must consider mediation however if following a referral the other party is unwilling to attend or it is considered that mediation is not suitable then mediation will go no further. This can often be determined at the initial assessment meeting which can be a single or joint meeting with the other side.

Are there any exemptions ? Yes: It will not be necessary to make  a referral to mediation before going to court in certain circumstances e.g if there have been allegations of domestic abuse.

How has this changed ? Previously any party who wished to apply for public funding to be represented at court had to first make a referral to mediation. Now all parties who wish to apply to court whether they are entitled to public funding or not must first of all consider mediation.

The thinking behind these new initiatives is to encourage mediation as an alternative to litigation with a view that this is quicker, cheaper and less contentious. A referral to mediation is not to force parties to enter into mediation but to consider whether it is suitable and can often lead to negotiated agreement, thus achieving these objectives. However it must be approached with caution. In many cases mediation is not going to be suitable. If e.g there is a dominant person within the relationship. Or it may be mediation alone will not suffice and the individual parties require advice and need to be aware of their rights and how to assert those rights within the legal process.

Mediation is by no means a quick fix and the process itself can often be lengthy with periods of several weeks in between each session. This may mean it is not appropriate in cases which require immediate action e.g Interim financial support, or cases in respect of children where the non-resident parent has refused to return a child after contact where clearly delay is unacceptable.

How do I make a referral to mediation ? We can  make the referral for you or you can make a referral direct to your local mediator. We can advise upon the suitability of mediation and whether exemptions will apply in your particular case. We can also ensure that you receive competent no nonsense legal advice throughout the mediation process.

Please contact Teresa Bennion on 01723 356313 or teresa.bennion@pinkneygrunwells.co.uk for further information





Equality Act 2010

February 10, 2011 – 12:19 pm

On 1st October 2010 a new Act came into force which strengthened and consolidated people’s rights with regards to discrimination.

The Act works on the basis of protecting you against discrimination on the grounds of: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Although, depending on the area applied, there are exclusions for specific characteristics.

These changes are not only relevant to employment legislation, but they affect landlords and tenants, premises where services are provided to the public and the users of those services.  It protects not only those fitting in with the criteria of suffering a disability, but also the young and old in employment; services /functions, premises and facilities used by the public.

The major parts of the Act were implemented in October 2010, there are however continuing consultations on specific areas still to be implemented.

What it means for you as an individual is that, if you are suffering from a disability which makes it difficult for you to carry out day to day activities, reasonable adjustments are required in terms of service providers and your employment rights.  An example of the improvements with the implementation of the Act are that prior to October 2010, anyone suffering with depression would not have fallen within the disability discrimination protection.  This has changed with the criterion to be applied.

How is it relevant to you?

If you provide services and functions for example, a restaurant or hotel, you must not discriminate against a person requiring the service by not providing the person with that service.  This means that you are under a duty to your service users to provide reasonable adjustments.  There are, as with most legislation, exceptions, however you would need to check these out if they apply to your organisation.

If you rent out premises which are subject to a tenancy, not only should you be ensuring that your agreements and leases are non discriminatory, but you are also required to make reasonable adjustments in relation to premises.

If you are an employer the Equality Act covers all areas of employment, from job adverts, through the employment relationship and the end by providing references.  Specific areas highlighted are: pre-employment health questions, secrecy clauses within contracts of employment and harassment at work.

If you are an employee, service user or tenant you are protected by the law by the prohibited conduct of direct/indirect discrimination, discrimination arising from disability, dual characteristic discrimination, gender re-assignment discrimination in absence from work cases and pregnancy and maternity discrimination.

If you require any further information or advice please contact Patricia White on 01723 352125 or patricia.white@pinkneygrunwells.co.uk

The above is for general advice only, please contact us for further information





Tenancy Deposit Schemes

December 8, 2010 – 4:37 pm

Calling All Residential Landlords.

Did you know that the law changed for all new residential assured shorthold tenancies created after 6th April 2007. If you take a bond or deposit against rent arrears or damage to your property from your Tenant, that you must then make sure that the money is lodged in a Government approved Tenancy Deposit Scheme.

Failure to do so can result in severe sanctions, not only can your Tenant take you to court to claim repayment of their bond/deposit plus three times the amount of their bond/deposit, (as a penalty), but you may also lose the right to recover possession of your property under the Assured Shorthold ground for possession.

There are essentially two types of scheme; the custodial scheme run by the Deposit Protection Service, (DPS), which is open to all Landlords; and the insurance backed scheme which is run by either MyDeposits or the Tenancy Deposit Scheme, (TDS). The TDS scheme is only, however, open to members of certain professional organisations.

Certain prescribed information, as to with whom the bond has been lodged must be provided by the Landlord to the Tenant within 14 days of the Landlord receiving the bond from the Tenant.

Disputes about the condition of the property at the end of the tenancy are frequent and from a practical point of view, to try to avoid such disputes, Landlords and Tenants should ensure that an agreed photographic record of the condition of the property is annexed to the tenancy agreement together with an agreed full inventory of the contents of the property. Such documents help to “evidence” the condition of the property and the contents at the commencement of the tenancy.

Pinkney Grunwells Lawyers can provide expert detailed advice at reasonable cost on Assured Shorthold Tenancy Agreements and the requirements of the Deposit Schemes.

If you require any further information or advice please contact any of our offices on:-

Whitby (Noel Barrett) 01947 601122,

Bridlington (Helen Jackson) 01262 673445

Scarborough (Zoe Colling) 01723 352125

Hunmanby/Filey (Debbie Moore) 01723 890634

The above is for general advice only, please contact us for further information