News

No Fault Divorce – 6 April 2022

If you have not already heard, the good news is there is to be an overhaul of the ‘blame game’ in divorce proceedings, which should make the whole process a lot easier. We are members of Resolution and they they have been vigorously advocating for a change to the divorce laws procedures with a view to getting rid of the ‘blame game’ so that couples are not bogged down in an argument about who...Read More

The Risks of not Having a Lasting Power of Attorney

If you are unsure of how your financial affairs will be managed during your lifetime and who would make decisions about your care if you cannot make decisions for yourself, please read on. During your lifetime there may come a time when you are unable to deal with your day to day financial affairs and care. When that time comes, if you have Lasting Powers of Attorney (LPAs) in place for both...Read More

Carpenter & Co renews CQS membership

Carpenter & Co secures Law Society’s conveyancing quality mark Carpenter & Co in Wallington has once again secured membership to the Law Society’s Conveyancing Quality Scheme – the mark of excellence for the home buying process. This is the 6th year in a row that Carpenter & Co has achieved CQS accreditation. For more information on the Law Society’s...Read More

If you have married or entered into a civil partnership, should you make a Will?

Having considered the many advantages of entering into a marriage or civil partnership clients often ask whether they should make a new Will. To answer this we consider the effect of marriage or civil partnership on your Will: If you enter into a marriage or civil partnership, this has the effect of automatically revoking your existing Will. If a new Will is not prepared subsequent to the...Read More

Can I use a trust to cut my IHT and care home fees? (Part 3)

Some of the common trust types are as follows and can be set up in a will or in lifetime: Bare Trusts – essentially the Trustees hold for the benefit of the beneficiary who can call on the trust assets at the age of 18. Interest in possession trust – this type of trust will provide the named Beneficiary with a right to the income or a right to enjoy the trust property, such as a right of...Read More

Can I use a trust to cut my IHT and care home fees? (Part 2)

The reasons why a trust may be suitable for many people extend just beyond the concerns over IHT payments. Trusts can be used to preserve family wealth and assets where there are second marriages or if parties are not married, to protect those who need supervision with money either because they are not good with money or there are concerns about the next generations relationship stability or...Read More

Can I use a trust to cut my IHT and care home fees? (Part 1)

Today we begin a series of weekly articles covering wills and probate, trusts and powers of attorney. If you would like advice on any of these matters, please click on the links above to send us an email. We open with the following article by Claire Redding: On average we expect to receive a call at least once a week from someone asking whether, if they transfer their home into the names of...Read More

Simon McIlwaine appointed Legal Advisor to the South African Legion

Our partner, Simon McIlwaine, has been appointed as Honorary Legal Advisor to the Legion in the United Kingdom, where he will be assisting with developing the organisation’s charitable structure. Around 227,000 South Africans reside in the United Kingdom, probably one quarter of whom have undertaken national military service in the armed forces or the South African Police. The South African...Read More

Restrictive Covenants

What are covenants? Simply put, covenants are obligations or rules, and can affect either Freehold or Leasehold land. They can be classified as either positive or negative. Positive covenants impose an obligation to carry out some positive action (which typically requires money to be spent). An example would be the obligation to maintain a property’s boundary fence. Negative covenants – also...Read More