Book Reviews

DIGITAL ASSETS AND PROBATE A Practitioner’s Guide

By James Normington

ISBN 978 0 85490 295 8

Wildy, Simmonds, and Hill Publishing www.wildy.com

A DEAD PERSON’S DIGITAL ASSETSWHAT HAPPENS NEXT

What a book! “Digital Assets and Probate” is an ideal companion for the busy probate practitioner who needs a better understanding of digital assets when advising clients, drafting wills, or administering estates. It is aptly described as a “practitioner’s guide” for that is exactly what you get with this small paperback.

As with all Wildy, Simmonds, and Hill practitioner titles, this book is written in an accessible and easily understandable style which will appeal to all levels of readership. It is a useful reference for both new and experienced probate practitioners, and general readers, dealing with issues which will most probably include the following regular questions posed by clients.

What is a digital asset? Who deals with digital assets in probate situations? How does inheritance tax apply to digital assets? What happens if you ignore the digital aspects of a client’s estate? What steps should be taken to secure digital assets postdeath? And what should clients be asked about their digital assets and behaviours, and what should not be asked? These are some of the basic questions which arise, and the answers given by the author are quite illuminating for those new to social media and the digital revolution which can be confusing for many people.

The author is James Normington, who is a barrister from New Court Chambers. James reviews a wide range of subjects in the context of probate, covering social media issues and the taxation of crypto-currencies, to digital executorship and securing digital devices. We believe that skillful use can be made of the mitigation of risks faced by solicitors and legal representatives in this area of probate which James considers in his book. It seems almost certain that this area

By Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator

of law will become much more common in the years to come, with the inevitable second (expanded) edition appearing in the next few years.

This book also gives us as practitioners specimen draft clauses, precedents and a sample digital assets questionnaire for clients which is a most useful resource. The guide sets out a useful glossary of relevant terms which are commonly encountered in practice and will be useful to both the experienced and the IT beginner. We hope that the glossary may well be expanded in future editions to cater for many unfamiliar terms which are associated with social media today.

This brand-new paperback edition was published by Wildy, Simmonds, and Hill Publishing on 20th December 2022.

Housing Law Handbook

Fifth Edition

By Diane Astin

Legal Action Group

The Access to Justice Charity

ISBN: 978 1 91364 851 0 www.lag.org.uk

AS THE COST-OF-LIVING CRISIS LOOMS LARGER – THE NEW ‘HOUSING LAW HANDBOOK’ BECOMES AN IMPERATIVE FOR HOUSING LAWYERS

There can scarcely be a housing lawyer in England who does not have a copy of ‘Housing Law Handbook’. First published in 2008, this now well-known and highly regarded work of reference by dedicated author Diane Astin, has rapidly acquired a reputation for its authority, reliability, and practicality. Certainly, it has become a necessity for those grappling with the complexities of this often bewildering and essentially sensitive area of law.

And now -- the Handbook has emerged in a new and updated fifth edition which references the almost seismic events that have impacted on housing issues, within which, as the author reminds us, recent events have wrought certain profound changes: first Brexit and the impact of global warming, then the COVID-19 pandemic and most recently, the tragedies and economic uncertainties caused by the war in Europe.

Such has been the impact of these events that fundamentally, incomes have fallen, while prices and the costs of housing have relentlessly increased. The author points out that ‘although the levels of poverty in the UK have worsened in recent years, the main provisions of housing law have not changed significantly in thirty years.’ For lawyers and advisers then, this Handbook provides a reassuring source of information and authority within an undeniably complicated legal landscape.

The Handbook’s twenty-one informationrich chapters include such areas as occupiers’ rights: basic principles... unlawful eviction and harassment by landlords... disrepair and housing conditions -- action by occupiers and local authorities... and much more, including at least seven chapters which cover homelessness, social housing, and community care. The final chapter on civil proceedings -- which includes two appendices -- deals with such areas as the Civil Procedure Rules and costs, as well as ‘the usual steps in a civil claim’.

Case law abounds, with all cases boxed and highlighted to aid accessibility. And in this updated edition, recent judgments and key legislation are discussed, including the Domestic Abuse Act 2021, Tenant Fees Act 2019 and Homes (Fitness for Human Habitation) Act 2018.

As a formidable reference resource, the Handbook is reassuringly written in a user-friendly way in keeping with the publishing traditions of the LAG. Very easy to navigate it is too, with a detailed table of contents, extensive footnoting, numbered paragraphs throughout and a twenty-fivepage index. Also note the forty-eight pages of tables: of cases, statutes, and statutory instruments, plus an alphabetical -- and very handy -- list of abbreviations.

For all busy lawyers or advisers dealing with the often-daunting complexities of housing law, this book is an essential purchase. Note also, that it is applicable to English law only.

The date of publication of the fifth edition of this LAG paperback is cited as 21st December 2022