The Legal Aid Agency has confirmed that personal data relating to legal aid applicants has been accessed and downloaded by hackers in a cyber incident.

The data breach relates to the Legal Aid Agency systems, not those of the firm.

If you have concerns guidance on how you can protect yourself from the impact of a data breach is available from the National Cyber Security Centre https://www.ncsc.gov.uk/guidance/data-breaches

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The Renters’ Rights Bill is likely to become effective in late 2025 and is the most significant reform the private rented sector has seen since the Housing Act 1988.  The Bill has wide-ranging implications for landlords, tenants, and letting agents alike.

The key changes are likely to include:

Abolition of Section 21 Evictions and fixed term assured tenancies

New grounds of possession

Introducing the Decent Homes Standard to the private sector

Addressing Rental Bidding Wars and Unfair Practices

Limiting In-Tenancy Rent Increases

Extending Awaab’s Law: Ensuring Safe Living Conditions

Creating a Private Rented Sector Database and a Private Rented Sector Landlord Ombudsman

Enhanced Rent Repayment Orders

Rights to keep a pet

 For further information: https://england.shelter.org.uk/professional_resources/news_and_updates/what_to_expect_from_the_renters_rights_act

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It’s horrifying to think about DNAR orders being applied to groups of vulnerable people. This isn’t how they should be used and however stretched our health and care services are, this kind of disregard for older people cannot be tolerated.

Best practice guidelines have been set out by the Resuscitation Council UK, but they aren’t being followed everywhere. Clinicians need to do better here, too often it’s ignored or treated as a tick box exercise rather than prompting meaningful consultation with patients and loved ones.

There is clearly a need for all of us to initiate our own conversations about whether we’d want CPR, and also about our wider care wishes. Once we’re in an emergency situation it’s often too late.

Worryingly, only 59% of those aged 70+ have talked to loved ones about their care wishes. And whilst 81% of us think planning ahead for later life is important, only 22% of us have a Lasting Power of Attorney in place, setting out our wishes in writing in a legally binding way.

As a country, we must start talking about our wishes should we lose mental and/or physical capacity or require emergency medical treatment. This recent investigation into the use of DNARs must encourage us all to have those difficult, but vital conversations, no matter our age.

To obtain further information on Lasting Powers of Attorney, please feel free to contact the office and ask to speak with the private client department for further information.

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We are here to help and advise by telephone or by video calls in line with the Governments’ social distancing requirements. We can still help you to sort out your affairs.
Between 1st May and 31st May 2020 we are offering a 10% discount on all new Will instructions taken during this period.

Please feel free to call our offices on 0191 257 0382 for any private client enquiries which you may have.

The post Making a Will with us – Coronavirus update appeared first on Hadaway & Hadaway.

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Marriages are relationships traditionally based on trust, a willingness to share and the expectation that the relationship is secure and destined to last. However, as of November 2015 an estimated 42% of all marriages in the UK ended in divorce. Is it therefore really unreasonable to protect the property you bring into the marriage at the very outset, before the wedding festivities have even commenced?

Pre-weds in the United Kingdom may wish to consider entering into such an agreement if they have substantial wealth in their sole names they want to ring fence for themselves in the event of breakdown of the marriage, or children from previous relationships they want to pass their own property to under a Will.

However, as the law currently stands, there in no guarantee that divorce courts will abide by the terms of a pre-nuptial agreement when deciding how property should be divided during divorce proceedings. The agreement is only one of many factors a court will take into account.

English courts are inclined to give weight to non-financial contributions spouses make to matrimonial property when deciding on ownership, regardless of who owned the property prior to marriage. At present, there is no guarantee that a pre-nuptial agreement will prevent a court doing this. In the House of Lords judgement White v White (2000) Lord Nicholls emphasised that a spouse may acquire a beneficial interest if they had brought up children, made material improvements to a property or contributed in other non-financial ways. The key case in this area (Radmacher v Granatio (2010)), however did indicate that courts would now consider pre-nuptial agreements in divorce settlements, therefore going some way to provide protection for property owned in a person’s sole name.

The legal profession has traditionally been cautious to give significant weight to pre-nuptial agreements on the basis that, by specifying what would happen upon marital breakdown, such agreements facilitate the disintegration of marriages (the ‘public policy’ argument as put forward by Lord Philips in the Radmacher case). The tide is however changing. A Law Commission report, which followed the Radmacher judgement, highlighted three key reasons as to why pre-nuptial agreements should be made binding:-

Pre-nuptial agreements create certainty for both parties to a marriage as to who owns what, certainty which may prevent disputes and divorce proceedings arising in the first place.
Couples should be free to enter into a binding agreement if they so wish. For a court to deny full effect to such an agreement is to undermine freedom of choice for both parties.
The international dimension – spouses often come from different countries with different legal systems. It is possible that one party will come from a country where pre-nuptial agreements are binding. A Belgian or French national for example may expect a pre-nuptial agreement they have entered into in the UK, or in another country, to have automatic effect. The agreement will however be entirely governed by English law if it is heard in the context of English divorce proceedings. This means that there is no guarantee that an English court will give effect to the agreement, regardless of where it is drafted or the nationality of the parties to it.

Although not guaranteed to have effect, there are clear merits of a pre-nuptial agreement if you have significant assets in your sole name which you would like to ring fence for yourself upon separation, or children from a previous marriage you would like to inherit from you. Such agreements for you may be a realistic and pragmatic choice.

The post Pre-Nuptial Agreements: unromantic and unnecessary or realistic and pragmatic? appeared first on Hadaway & Hadaway.

The number of UK citizens living overseas is on the rise. In 2015 there were approximately 1.2 million UK-born people living in other EU member states. If you are a UK resident and own property in another EU member state, or are a resident elsewhere in the EU with UK based property, the passing of your property when you die will depend on the relationship between the legal rules of both countries. It is therefore important to have an awareness of a provision of EU law which applies to people who died after 17th August 2015 – The European Succession Regulation, more commonly known as ‘Brussels IV’.

What is ‘Brussels IV’?

Brussels IV is an EU Regulation. EU Regulations automatically become law in any member state which signs up to them. For consenting member states Brussels IV provides that the law of the country in which you are ‘habitually resident’ decides how your property will pass. For example, if you are a UK resident and own property in France, UK law will determine what happens to your French property.

You are ‘habitually resident’ in a country if you usually reside there. This is different from being ‘domiciled’. It is easier to be habitually resident in a country than to be domiciled.

The UK is not a signatory to Brussels IV. This means that the Regulation only affects UK residents who specifically have property in EU member states which are signatories to it. If you have property in any other parts of the world, Brussels IV does not apply. Ireland, Denmark and the UK are the only member states which are not signatories.

If you do not want the legal system of your country of residence to determine how your property passes you can make an express election in your Will for another country’s legal system to apply. For example, you might want to make an election if you are a French national living in the UK and want French law to apply.

I have property in Scotland and I am resident in England/I have property in England and I am resident in Scotland. What does this mean?

Scotland and England are part of the same legal entity (the UK), for the purposes of EU law. Brussels IV does not change the relationship between the two countries.

There is however a conflict of laws between the Scottish and English legal systems. Scotland operates a system of ‘forced heirship’ meaning that specific family members have a right to certain portions of your property regardless of the terms of any Will. English law on the other hand provides for ‘testamentary freedom’ meaning that you have total freedom to decide who will inherit under your Will. If any family members are not due to benefit under your Will, and they wish to inherit, they will have to claim through the English courts. If you have Scottish property it would be sensible to seek advice from a Scottish solicitor, in addition to any solicitor you see for the drafting of your English Will.

I have property in an EU member state and am a UK resident/ I am an EU resident and have UK property – What is the impact of Brexit for me?

As the UK did not sign up to Brussels IV in the first place Brexit has no impact. Brussels IV has only been relevant in the past, and will only continue to be relevant in the future, when the other country involved is an EU member state which is itself a signatory to the Regulation.

Please contact our Asset Management department if you have overseas connections and would like to discuss how to deal with these in a Will.

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Under section 144 of The Sentencing and Punishment of Offenders Act 2012 a person commits an offence if:-

a) the Person is in a residential building as a trespasser having entered it as a trespasser,

b) the person knows or ought to know that he or she is a trespasser, and

c) the person is living in the building or intends to live there for any period

The offence is also committed by a person who holds over after the end of a lease or licence even if the person leaves and re enters the building.

For the purposes of the Act a ‘building’ includes any structure or part of a structure (including a temporary or moveable structure), and a building is ‘residential’ if it is designed or adapted, before the time of entry, for use as a place to live.

The offence is punishable by a maximum term of up to 6 months imprisonment, a maximum fine of £5,000.00, or both.

Justice Minister Crispin Blunt said “For too long squatters have had the Justice System on the run and have caused home owners untold misery in eviction, repair and cleaning costs. Not any more. Hard working home owners need and deserve a justice system where their rights come first – this new offence will ensure the police and other agencies can take quick and decisive action to deal with the misery of squatting”.

The idea behind the new offence is to protect home owners and legitimate tenants who have been excluded from their homes as well as people who own residential buildings they do not live in such as landlords, local authorities or second home owners.

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The announcement was initially billed as a 10% cut in Inheritance Tax for those who left 10% of their estates to Charity. This has since been clarified to mean that leaving 10% of your estate to Charity will result in a cut in the rate of Inheritance Tax from 40% to 36%. (10% of 40% being 4%, so therefore the rate will be cut by 4%).

It remains to be seen how many people will wish to take advantage of this dubious incentive. On the Government’s own figures they expect Charities to receive an extra £300million over a 3 year period because of this change. It is unclear what this figure is based on and it can only really be a shot in the dark.

This is not a change that can be used to protect estates from Inheritance Tax in order to benefit family members. To benefit from the reduced Inheritance Tax rate it will be necessary to leave more to charity than will be saved in tax. However, for those who intended to benefit charities in their Wills in any event, it is a welcome tax relief and other beneficiaries under the Will shall benefit accordingly.

If you wish to discuss this change or any other aspect of Wills or Inheritance Tax planning please do not hesitate to contact our specialist solicitors in the Probate Department.

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Get free legal advice on the day of your court hearing

You can get free legal advice and representation in court on the day of your hearing under the Housing Possession Court Duty Scheme. The scheme can be a source of last minute help if you haven’t received legal advice before the hearing. It is provided in county courts in England and Wales.

You can get help, whatever your financial situation, if you are either:

a tenant facing eviction

a mortgage holder, including holders of second mortgages, facing repossession

The scheme provides you with a specialist adviser on the day of your hearing who can:

give you free legal advice on your case

represent you at the hearing

help you explain to the judge why you haven’t made your mortgage or rent payments

help you negotiate an arrangement with your mortgage lender or landlord to pay off your debts

Don’t get Evicted…talk to us. We’re here to help.

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