Pears Magazine issue 48 Online Edition

The Undecided Boundary

As land lawyers know, but neighbours often do not, the title plan for a registered title at HM Land Registry is (unless it states to the contrary) “general” (Section 60(1)(2) Land Registration Act 2002).

A general boundary is inexact and requires physical inspection and/or inspection of Deeds to be located more precisely. The alternative to a general boundary is a determined boundary, and there is a highly particular set of requirements before HM Land Registry will record one.

Do precise boundaries matter? Usually not, as most people are content to buy what they can see, and what they can see usually comprises the boundary features in any event. There can be exceptions, when the precise location of the boundary can be critical, for example:

1. The narrow fillet of land, where width is critical for useful development; and

2. Back land, where the location of building relative to nearby housing may be important for planning purposes or avoidance of land benefitting from restrictive covenants.

The procedure is set out in an extensive collection of rules and guidance (Section 60(3) LRA 2002, Rules 118-122 of the Land Registration Rules 2003 and HMLR Practice Guide 40). The critical points for current purposes are the degree of accuracy to be professionally certified on any plan (+/- 10mm to fixed, permanent points or similarly accurate National Grid Coordinates). If the land is open, markers of various types (even an iron pipe filled with concrete) may be required, but not wooden stakes.

If the adjoining neighbour objects, then the matter will be referred to the Firsttier Tribunal, Property Chamber, Land Registration division (the matter will be stayed if damages or injunctions are issues, and Court proceedings will be

directed). There has been protracted wrangling about what the Tribunal can and cannot decide. It would make a long article in its own right to trace and explain the history (as yet not fully resolved) so here are the highlights:

1. The Tribunal can decide whether a plan is sufficiently, intrinsically accurate or not for the purposes of registration (Murdoch v Amesbury [2016] UKUT 3, on other matters a highly dubious authority, see Bean v. Katz [2016] UKUT 0168 and Lowe v. William Davis Limited [2018] UKUT 206 (TCC)). This question, when it arises at all, is usually distinct from any issue of location of the legal boundary (discussed below). If this is the only issue, and the plan is accurate, then a determined boundary is registered. This is uncontroversial as to jurisdiction, but rare;

2. The Tribunal can decide whether the plan accurately reflects the legal boundary. If it does, then a determined boundary is registered;

3. If the plan is accurate as to part of the boundary, but not the whole, then the Tribunal can allow the application in part and/or make procedural directions for the provision by a party of an amended plan reflecting the legal boundary in issue more extensively (see Gwyn v. Citron FTT REF 2016/0086);

4. If such a plan is directed but not provided, then that part (or all) of the application may be struck out (Lichfield v. Macgregor FTT REF 2021/0012);

5. The Tribunal may refuse an application if the plan is extensively or wholesale inaccurate, and may not pontificate on the true line of the legal boundary (Witt v Woodhead [2020] UKUT 319 (LC), but this raises complex questions of issue estoppel if a new application is made on the strength of the earlier findings);

6. If the decision is binary between rival contentions for the boundary, and the Respondent succeeds, then the Tribunal may dismiss the Applicant’s application with the Respondent to make an application in due course (Cosgrave v Hope REF/2019/0712, but again, this raises complex questions of issue estoppel);

7. Were the Tribunal to direct a new plan on the basis of extensive modifications, be aware costs may be awarded against

an Applicant (see May and Jurga v Iles REF/2016/0481 at [12]).

If the boundary requires a successful claim for adverse possession to be perfected, then an application may be directed to “catch up” with the determined boundary. Note that under the 2002 Act, the jurisdiction of the Court has been displaced by HM Land Registry and the Tribunal (Swan Housing Association v Gill [2012] EWHC 3129 (QB); [2013] 1 WLR 1253). Some Tribunal judges may, however, be willing to deal with adverse possession at final hearing “on the hoof”: DL1 Ltd v Mark Edward Dew REF/2018/0738 “[the Tribunal] could and should deal with the Respondent’s adverse possession evidence and arguments in this reference, as part of the overall exercise of determining the precise boundary between the titles”.

One way or another, the Tribunal has been keen to resolve the boundary issues between the parties. What happens, though, when there is an almost impossibility in identifying the boundary with sufficient precision at all?

There can be two results: the Tribunal may allow a less accurate plan, so long as it reflects a high degree of accuracy in circumstances where full compliance may be impossible. An example would be Evans v Kite REF/2020/0473, an historic retaining wall in the Snowdonia National Park made of rough rocks set into bank (and partially demolished during the proceedings) was registered as the boundary with a plan of less accuracy than the stipulated requirements of HM Land Registry.

In one recent case, however, the best efforts of the Tribunal to give certainty were defeated in the Upper Tribunal, Farrow v Boag [2023] UKUT 167 (LC): the conveyance was the only evidence for a boundary formed in 1913 and it was deemed too inaccurate to support a determined boundary application. Notwithstanding the words of Megarry J in Neilson v Poole (1969) 20 P. & C.R. 909, the boundary was left “fuzzy” at the edges.

So what do you do then? Possession may once again be nine-tenths of the law!

Anthony Verduyn

Anthony Verduyn

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and separation in the veterinary industry

11 Offering Beneficiaries Certainty in Probate

12 Compliance Specialist Report

14 Bradley Haynes & Law Appointments and Colleague Development

16 Tied accommodation – key considerations for employers

17 Spring into the office: ensuring workplace wellbeing post-new year

18 WLS Crazy Golf Event

19 University of Worcester School of Law

20 Record breaking year for charity legacy income

24 The importance of a DNA test for Immigration applications

26 Forensic accountants in matrimonial cases

27 What is Transaction Liability Insurance?

28 Managing Expectations During Probate

30 Deputyship and Statutory Will Applications: help from genealogy firms

President’s Introduction

Welcome to the Winter edition of the Pears Magazine. On behalf of the committee I hope you all enjoyed a restful Christmas and end to 2023 and have made a great start to 2024.

Since our last edition the WLS returned to host the crazy golf event at Mr Mulligans in Worcester at the end of February. Teams of 4 representing the best of the best that their firms had to offer battled it out for glory and the all-important local bragging rights! This year’s victorious team came from mfg Solicitors and included Amelia Edwards, Florence Fisher, Emily Willetts and Emily Packer who took home the trophy and the first prize being a free return game at Mr Mulligan’s for up to 20 people.

On a more educational note the WLS also

organised and held a Practice Managers & Leaders Forum on ISO compliance at Oak House Workspace in Worcester which was both well presented and well attended.

The next big event in the WLS calendar will be the AGM on Thursday 11 April 2024 which this year will be followed by “A Night of Pour Decisions and Perfect Pairings" where the Dairy Maid LeeAnna Rennie will once again provide those in attendance with an informative and delicious education in pairing the right wines with the right cheeses. This Event is being generously sponsored by King's St Albans and they are hosting us in the King’s School Michael Baker Boathouse. This is always an in-demand event and so do make sure you book early to avoid disappointment. Please make note of the details and do attend if you can. I will be stepping down as the President of the Worcestershire Law Society at the AGM having completed two consecutive full terms and would like to take this opportunity within my final

President’s introduction to sincerely thank all those involved for all their support and hard work. I’m sure that my successor will continue the good work of the WLS in celebrating and promoting the very best of the legal talent that we have in this county whilst also supporting worthy local causes.

My thanks as ever to all those who have contributed to the content of this edition, to the editor and to all of the committee of the WLS who work very hard alongside their other professional and personal commitments to serve the WLS and to help in its charitable fundraising efforts.

I hope to see you at one of our future events and should you have any queries for the WLS please do not hesitate to contact either myself or another of the committee.

Andrew Chandler President, Worcestershire Law Society 2022-2023

Committee Members

Andrew Chandler President mfg Solicitors LLP andrew.chandler@mfgsolicitors. com

Laura Osborne Administrator Headturner Search laura@headturnersearch.co.uk

Nick Hughes Committee Member HB 121 Solicitors nah@hb121solicitors.co.uk

Vishal Mahay Committee Member Silverback Law vishal.mahay@silverbacklaw.co.uk

James Osborne Treasurer Harrison Clark Rickerbys josborne@hcrlaw.com

Amy McGowan-Docherty Editor of The Pears magazine Harrison Clark Rickerbys amdocherty@hcrlaw.com

Georgina Groves Committee Member Harrison Clark Rickerbys ghunt@hcrlaw.com

Stephen Hurley Committee Member University of Worcester s.hurley@worc.ac.uk

Elizabeth Miles Committee Member Greens Solicitors elizabeth.miles@greenssolicitors. org

www.worcestershirelawsociety.com or follow us on Twitter: @worcslawsociety

Patricia Beeching Committee Member Law Society Council Member for the Welsh Marches

John Aldis Committee Member St Philips Chambers jaldis@st-philips.com

Alexandra Phillips Committee Member mfg Solicitors LLP alexandra.phillips@mfgsolicitors. com

Luke Crocker Committee Member Bradley Haynes Law Luke@bradleyhayneslaw.co.uk

Worcestershire Junior Lawyer Division

Marina Akram Chair Silverback Law marina.akram@silverbacklaw.co.uk

Molly Batten Vice-Chair mfg Solicitors LLP molly.batten@mfgsolicitors.com

Zahida Shah

National Representative

Silverback Law

Eve Ryan Charities Secretary

Silverback Law

Esme House

Joint Events Secretary QSPW

Yazmin Griffiths

Joint Events Secretary

Harrison Clark Rickerbys

Lauren Powell-Bateson

Joint Social Media Secretary

Harrison Clark Rickerbys lpbateson@hcrlaw.com

Alice Snell

Joint Social Media Secretary

Hallmark Whatley Hulme

Emily Willett Secretary mfg Solicitors LLP

Charlette McDermott Treasurer Bradley Haynes Charlette@bradleyhayneslaw.co.uk

A day in the life: Yazmin Griffiths

Yazmin Griffiths is a trainee solicitor at HCR Legal LLP. Yazmin was a paralegal in their sister company, Medical Accident Group for 2 and a half years before starting her training contract in 2023. Here Yazmin describes a typical day as a trainee solicitor in the Commercial Dispute Resolution department in HCR Legal LLP’s Worcester office.

07:00 I wake up and commute to the Worcester office where I am based. Whilst on the train, I usually read my book, my current favourite being the Thursday Murder Club series!

08:30 I will log in and check my emails, and begin to create my to do list for the day. Often clients will contact us during the evening and I will prioritise my work according to which matters are urgent.

09:00 Once my to do list is done, I will head to the kitchen for a caffeine fix and

catch up with some colleagues who are in the office. More often than not there are some goodies in the kitchen and I will go back to my desk to start the day.

09:30 I have been assisting on the preparation of a case going to trial and so I start my morning by responding to some emails from counsel and drafting the Statement of Costs, which at the end of the trial, the Judge will use to determine our costs in the case.

11:30 I have a teams catch up with the supervising fee earner who provides feedback on my Statement of Costs and we go through the next steps of preparing for trial. This includes filing the bundle, making sure the witnesses are kept up to date with timings and scheduling a pre trial conference with the client and counsel.

12:00 I receive a call from our reception

with a new enquiry regarding a potential dispute of outstanding fees under a sales contract. I take as much detail as possible and make them aware of our teams hourly rates before summarising the case in an email and sending it to the fee earners in my office. A colleague returns with an estimate of costs and that they have capacity to take on the matter, which I relay back to the enquirer by telephone.

12:30 As part of my firm’s wellbeing initiative, I meet colleagues outside for a 30 minute wellbeing walk, where we walk along the river Severn and take some time to catch up away from our desks. It is a great way to set aside some time in a busy schedule to get in some exercise and soak up some vitamin D!

13:00 I have lunch from 1-2pm. As the office is situated directly in the city centre, we have lots of yummy options. Today I am meeting up with some other colleagues for lunch and we head over to the Cosy Club which is right next door for a catch up and some food.

14:00 I return from lunch and attend a client call to take notes. This particular matter is regarding a breach of a Sales Purchase Agreement, and my colleague is providing advice and next steps to the client following the breach. I take a detailed note of the call and make sure to send a copy to my colleague once the call has finished.

15:00 For the afternoon, I have a research task to undertake which involves researching the issue of personal guarantees and their enforceability should it be breached, and the court process that follows. Being a trainee solicitor in a litigation seat often involves researching the CPR rules and court procedures. Once I have found the content I am looking for, I set this out clearly in an email to the supervising fee earner along with references as to what sources I have used.

17:00 I head off from the office a little earlier as I am attending the Tyro Young Professionals Networking event at Mulligans, which is great fun and a brilliant way to end the day, networking with other junior professionals in Worcester, and to try and improve my golf skills!

HCR ranked second across UK for merger and acquisition deals

Experian’s full year report has been released – and HCR Law has been ranked second across the United Kingdom for merger and acquisition (M&A) deals.

From local businesses securing funding for their growth plans to multi-million pound acquisitions and private equity transactions, the firm’s deals this year also covered a range of businesses.

The firm’s Corporate team facilitated deals for companies across the UK –notably across the South and Midlands. The full year report, which details market insight data across the UK and Republic of Ireland, ranked HCR first for deals in the Midlands, South East and South West – maintaining its position since November’s report.

Examples of notable deals in the last twelve months include a secondary buyout for high-performance transmissions manufacturer Xtrac, the successful management buyout of Macro following its acquisition by Mace Group, and a large investment deal into London-based data leveraging firm and immersive advertising consultancy business GEEIQ.

HCR’s corporate tech hub in Cambridge saw deals including a funding round for key cleantech player Immaterial, and significant investment for aircraft seating manufacturer Unum.

Across the rest of the UK, the firm’s sound guidance to the dealmaking community has led to a position of second in the East of England, third in Wales and fifth in London.

The team have also carried out a large number of deals in the health and social care sector – 153 in 2023 – as well as being nominated as a finalist in last years’ EdInvestor Awards for the Legal Advisor of the Year – to Deal-making award.

Richard Wilkey, Head of National and London Corporate teams, said: “The latest Experian report shows that businesses from across the country turn to us when they need leading advice to grow their businesses and realise their ambitions.

We’re pleased to be with them on their journeys. I’m delighted that HCR continues to be recognised as a top national dealmaker.

“The extensive deal activity being carried out across the UK is great to see. The pipeline for the year ahead looks strong; I’m excited to see what it brings. We’ll continue to support the businesses and communities we work with to succeed.”

Law firm’s charitable foundation donates £1,000 to women’s refuge

Law firm mfg Solicitors, through its charitable foundation, has donated £1,000 an organisation which provides support to women and children who have suffered domestic violence and abuse.

The four-figure sum as gone to Birmingham and Solihull Women’s Aid as the charity continues its work to support hundreds of people every year.

The charity, which is based on Bristol Street in central Birmingham, relies on donations and funding throughout the year which enable it to run activities and wellbeing sessions for women and children. Sessions also include activities such as themed craft and cooking sessions which aim to help people regain confidence and learn new skills.

News News News News News News

Sharon Lerry, senior associate and chair of the law firm’s CSR Committee, said:

“For over 40 years Birmingham and Solihull Women’s Aid has provided an absolute lifeline for hundreds of women and children and saved them from domestic abuse and violence.

“The team at the charity are well known and widely respected for the amazing work they do every day. We know they will put the donation to great use and we hope it will help them continue to deliver their wonderful support programmes and activities.”

Kathleen Williams, Business and Infrastructure Support Manager at Birmingham and Solihull Women’s Aid added: “Our services operate through public sector funding, corporate sponsorships, grant funding and public donations. We also rely on the generosity of our supporters and therefore we’re delighted to receive the donation from mfg’s charitable foundation.

“The money will be used to run arts and crafts and wellbeing sessions with women and children who are living in refuge having fled abuse. These group sessions promote self-care and allow families to relax and enjoy themselves in a fun, safe environment.”

For more information, readers can visit the charity’s website through https:// bswaid.org/

New head of Private Client services for Worcester legal team

Beth King-Smith has today taken the helm at Harrison Clark Rickerbys’ Private Client team in Worcester. Beth has been with the firm for five years and specialises in Contentious Wills, Trusts and Estate issues. The move marks the ambitious growth plans for the team who are well established in Worcester, having supported individuals with their private client and personal wealth matters for decades.

Beth said: “I’m delighted to be leading the Worcester Private Client team at such an exciting time. We have many wonderful clients and I’m looking forward to developing and strengthening our offering, to help clients with their estates”.

Alex Taylor, Head of Private Client at HCR said: “Beth’s appointment is a real win for our clients in Worcester and the local area, who will all benefit from her excellent client focus and experience. Beth’s pragmatic approach is highly valued by clients who want to protect their assets for their families and the future.”

Celebrating Success - Silverback Law’s Zoe Sant Qualifies as Chartered Legal Executive.

Silverback Law are delighted to announce that Zoe Sant, their Debt Recovery Manager, has officially qualified as a Chartered Legal Executive. This significant milestone is a testament to Zoe's commitment, resilience, and the passion she brings to her role at Silverback.

Zoe embarked on her journey with Silverback in 2019 and, since then, they have witnessed her navigate the challenging path towards professional

qualification with determination and focus. She embraced every opportunity to expand her knowledge, always seeking insights from their experienced team members. Her willingness to tackle new challenges, even when outside her comfort zone, has been truly inspiring.

Throughout her studies, Zoe exhibited an exemplary work ethic and passed each exam with flying colours. Alongside this, Zoe's role at Silverback evolved into a managerial position, where she assumed responsibilities such as training and mentoring new team members, as well as efficiently organising the department's demanding workload. Her exceptional performance led to well-deserved promotions, first to Team Leader and, more recently, to Team Manager, working closely with the rest of their leadership team.

In September, Zoe also became the first CILEX student to win the prestigious Trainee Solicitor of the Year award at the WLS Awards 2023. Her success not only reflects her own capabilities but also serves as an inspiration to aspiring lawyers, regardless of their chosen path to qualification.

At Silverback, they take immense pride in Zoe’s achievements. Her journey represents the spirit of hard work, dedication, and continuous growth that they strive to cultivate within their team.

Congrats, Zoe!

www.worcestershirelawsociety.com

Zoe Sant

Beth King-Smith with Alex Taylor

News News News News News News

HCR’s spare currency appeal raises £17,744.02

HCR has raised over £17,744 for charity following a month-long campaign, which saw staff donating spare currency from around the world in a bid to raise funds for local homeless shelters and foodbanks in the firm’s ten office locations.

Coins and notes of all denominations were collected from staff in each office – with prizes given for the most remote currency donated, and the highest number of currencies donated by an individual.

The most remote coin donated came from the Cook Islands – a huge 10,037 miles from the firm’s Cambridge office where it was donated.

Managing Partner, Rod Thomas, kindly personally pledged to double the amount raised in the fourth week, which came to £2,753.41, taking the overall total to £8,872.01. The firm also fund-matched, which doubled the amount raised, leading to the final total.

Each individual office charity will receive £1,750, with cheques being sent during December.

Adam Finch, Partner and trustee of the firm’s charity, said: “Providing support to the communities our offices are in has always been important to us. I’m delighted we were able to raise funds for local homeless shelters and foodbanks which are often under strain at this time of year.”

Double appointment grows Worcestershire law firm’s Family department

Leading law firm mfg Solicitors has added further expertise to its Family division following a continued period of unprecedented growth.

The firm, which has offices across Worcestershire, Shropshire and in Birmingham, has appointed Sian Kenkre as a partner based at its Bromsgrove office, whilst Anna Robinson joins as a senior associate working from mfg’s Kidderminster headquarters.

With 22 years’ experience, and highly recommended in the Legal 500, Sian is a widely respected specialist in divorce, personal financial settlements and complex child-related cases, including surrogacy. She is also a trained collaborative lawyer and a member of Resolution, the community of family law professionals.

Anna, meanwhile, qualified in 2013 and over the past 10 years has built a reputation for dealing with all aspects of family-related issues, also with a specialism in divorce matters, alongside cases relating to children. Anna is also a member of Resolution and an accredited expert in complex financial matters.

Both will work closely with partner and head of department, Katherine Tippetts.

Katherine Tippetts said: “As we prepare to move into a new year, I am delighted to welcome Sian and Anna into the team.

“Both have first-rate reputations in the legal industry and are known across the West Midlands for their professionalism, compassion, and absolute focus on client satisfaction. They join us at a time when we are dealing with more family matters than ever, so it’s vital that we have the strongest team possible with a busy 2024 ahead.

“Sian and Anna are already making an impact internally and with our clients. I look forward to them contributing to our success in the months and years ahead.”

The two new appointments follow leadership changes in the firm’s Family team this summer, which saw Ms Tippetts taking over as head of department from partner Claire Backler who stepped down from the role after a successful decade of growth.

Highly ranked for over a decade in the Legal 500, the team specialises in all areas of Family law including, divorce-related financial matters and issues relating to children, pre and post nuptial agreements, cohabitation and injunctions.

Sian Kenkre, Katherine Tippetts and Anna Robinson

£1,000 to Wythall Animal Sanctuary

A Worcestershire law firm has donated £1,000 to a much-loved local charity which cares for and re-homes animals.

mfg Solicitors have made a four-figure donation to Kings Norton-based Wythall Animal Sanctuary.

The Sanctuary is the firm’s Bromsgrove’s office appointed charity, which was voted for by the staff as they were keen to help meet the rising costs faced by the charity such as veterinary bills.

their amazing work, having looked after thousands of animals over the past 50 years.

“It is also somewhere many of our team have visited over the years so it came out as a clear winner in the vote, with many of our staff saying they felt animal charities are often forgotten.

“We know the money will be put to great use and help the team meet rising costs so they can continue with the wonderful work they do with the animals.”

“We are forever grateful to Sharon and the caring team at mfg Solicitors for their donation which is going to help so much, especially at a time when all charities are under such financial pressure.”

Founded in 1968, Wythall Animal Sanctuary is an independent charity. Relying solely on donations, they keep animals as long as is needed or until they find their forever homes. The charity’s official website is available through www.wythallanimalsanctuary. org.

www.worcestershirelawsociety.com

Worcestershire law firm donates

Sharon Lerry, senior associate and head of mfg’s CSR Committee said: “The team at Wythall Animal Sanctuary are renowned for

Danni Howard, fundraising manager at Wythall Animal Sanctuary added:

Sharon Lerry (far right) at Wythall Animal Sanctuary

Divorce and separation: what does it look like for those in the veterinary industry?

Divorce is a sad and unfortunate reality for many people in today’s society, including those in the veterinary industry. According to the Office for National Statistics, 42% of marriages end in divorce. Naturally, no couple enters into a marriage expecting to divorce, but it’s important to consider what the financial implications may be and the best way to mitigate against those.

Divorce is, in fact, straightforward –since April 2022 separating couples can now divorce without finding fault in the other party – this is referred to as ‘nofault divorce’. It makes the formal step of legally ending the marriage easier and, importantly, more amicable.

It’s in stark contrast to the old faultbased divorce system, where one party would have to find fault – such as adultery or unreasonable behaviour – to divorce straight away. Reference to these sensitive issues is no longer required, so private lives can be kept private. A common misconception is that

by divorcing and obtaining a final order, any financial claims arising from the marriage are severed. Such an assumption is incorrect. Financial claims arising from a marriage remain live until an order detailing the terms of financial settlement have been filed and approved online by the court, save for a few exceptions – this is normally referred to as a consent order.

This is especially important for those who work in the veterinary industry to ensure no future claims can be brought against their hard-earned income, any pension they accrue or have accrued, or against any share of the veterinary partnership they may own, alongside other issues.

It’s often possible to negotiate the terms of a consent order without involving the court. However, where an agreement reached immediately between the parties is not possible, it’s important to consider the various options available. Court is often a last resort for many and you may wish to consider the use of

mediation or other forms of alternative dispute resolution.

There are other steps which can be taken to avoid a protracted dispute at court, which is particularly important if you own a share of a veterinary practice or have brought significant wealth to a marriage – for example, you may have accrued a large pension before meeting your current partner.

As divorce is now so common, many couples choose to enter in to a nuptial agreement before they marry. This is essential in helping to protect a range of assets and to determine the financial split that would occur if you divorce.

Most notably, a nuptial agreement –referred to as a pre-nup if entered into prior to marriage or a post-nup if entered in to after – can protect shares in a veterinary practice. This provides certainty not only for the individual who owns shares in the practice, but also for any employees who may be adversely affected by such a claim, for instance if a sale of shares in the practice is ordered by the court.

It’s important to take prompt legal advice in order to negotiate the terms of a prenuptial agreement which should be signed at least 28 days before marriage.

Whilst divorce rates have risen in recent years, so have the number of couples who choose not to marry and instead choose to cohabit. Although there may be a review of the laws to protect cohabiting couples in the future, those that do choose to cohabit at present can only bring far more limited claims – normally only relating to property. Thus, those cohabiting have less to worry about upon separation insofar as pension, income and shares in a business such as a veterinary practice are concerned.

James Osborne Harrison Clark Rickerbys

Offering Beneficiaries Certainty in Probate

Thursfields services the West Midlands from offices based in Worcester, Birmingham, Solihull and Kidderminster. We are adept at dealing with complex private client matters and offer quality legal services from leading lawyers. Over the years, the team have helped hundreds of clients secure their family’s future and gain peace of mind.

We have a substantial Will bank and about half our probate work originates from this, while direct enquiries make up the other half. Often, we are contacted by families who don’t know what to do once a family member has passed away and they are looking for guidance. Our services are totally flexible, and we can tailor the legal support as required.

We have found in recent times and in more straightforward probate cases, that lay executors have been increasingly keen to ‘give it a go’ themselves. Picking up a probate case like this part way through and needing to rectify any problems that have occurred can end up costing clients more. Therefore, in these cases we see our roles as educators, working hand-in-hand with clients so they take some areas of responsibility, and we provide the technical support.

We are mindful that we are not just providing legal representation but also helping clients through a personal grieving process. Sometimes if they take on specific, agreed tasks it can be a helpful distraction and keeps them going at a challenging time.

For more complex cases or where we are executors, we manage the whole process of probate. We use legal technology company Estatesearch to conduct a Will search to establish if there is a more

recent Will the family are unaware of. In addition, Estatesearch’s Financial Profile search helps us establish all the assets and liabilities within an estate early on.

We have been contacted recently about a case where the deceased died around ten years ago and unexpectedly, the family received a letter about an unknown account. During the interim, some of the original beneficiaries had passed away and so the time needed to identify the chain of representation and rightful beneficiaries was significant. It highlights the importance of establishing all assets and liabilities at the outset to avoid costly legal fees later down the line.

On instruction, we use our detailed client care letter to outline the comprehensive checks we recommend that should take place. However, we seem to be entering a new age where more attorneys are acting for parents before they pass away. Families often believe they know everything about the financial situation of their parents, but an asset search will even capture an empty account set up 20 years ago. If we know about this, we can arrange for the account to be closed, avoiding any heartache or painful memories when the bank writes to the family a few years later asking if they still want the account of their deceased loved one to remain open.

More often than not, Estatesearch’s Financial Profile search flags up liabilities rather than assets which include debts such as credit cards. We also use Estatesearch’s online portal to book Section 27 notices to notify creditors of the estate.

Estatesearch has recently developed a digital asset search which is helpful to identify online accounts such as PayPal wallets which would otherwise be difficult to pinpoint. Their share valuation service is also user friendly and efficient, saving costs on legal fee time for our clients.

There may be plans afoot to simplify the execution of IHT but modern-day families are not simple. Blended families can naturally conflict and so at Thursfields, our thorough processes and due diligence in every aspect of probate means we are able to provide certainty that everything has been completed properly. Estatesearch supports us in achieving this, mitigating any risk and giving our clients peace of mind, enabling them to draw a line under probate and move on with their lives with as little stress as possible relating to legal administration.

For further information about Thursfields Solicitors please see: www.thursfields.co.uk

For further information about Estatesearch please see: www.estatesearch.co.uk

Sophie Donovan, Director, Head of Estate Administration, Thursfields Solicitors

Sophie Donovan

Tied accommodation – key considerations for employers

Across the health and social care sector many service providers offer 'tied accommodation’ to staff which is a residence that is linked to their employment. This benefit is intended to enhance the performance of their duties and is often a key component of roles in the care provision, veterinary and dental services.

It’s essential for employers offering tied accommodation, and roles intrinsically linked to residing in an employer-owned or rented property, to plan in advance the specific employment needs and how they are documented.

Requirements to consider

Requirements will vary across industries, for example, a live-in carer will differ from a veterinary surgeon or veterinary nurse. Both routinely need to be available ‘out of hours’, but is the residence an essential component of the role? Is the occupancy full time or just certain hours or nights? Employment contracts should feature details of tied accommodation and how that is to be addressed alongside other terms and conditions. Consideration should be given to the impact on national minimum wage and accommodation offset rules. Failing to take a broad enough view across the whole employment relationship can lead to future difficulties where such rules are breached, risking not only Employment Tribunal claims but also HMRC investigations and sanctions.

Service occupier or tenant

Employers need to be mindful in deciding whether an employee is occupying as a service occupier or as a tenant under an assured shorthold tenancy. If an employee is occupying under an assured shorthold tenancy then employers will have additional duties as a Landlord such as ensuring that certain services are providedsuch as adequate furnishings, heating, lighting etc. - in accordance with the terms of the tenancy agreement. Therefore it’s a bigger obligation if employees are occupying under an assured shorthold tenancy.

Employees who have their occupancy formalised under an assured shorthold tenancy may have specific rights when it comes to terminating their occupancy. They may need to be given a certain amount of notice before they are asked to move, whereas those who are occupying under a service occupancy are unlikely to have the same rights.

Employers should therefore take careful consideration when determining how they wish for their employees to occupy the residential elements of their properties.

Overseas workers

In a sector reliant on overseas workers, there are additional considerations to bear in mind too.

Landlords have an obligation to not authorise the occupancy of a property as that employee’s only, or main, home under a residential tenancy agreement unless they are a British or Irish citizen or have the ‘right to rent’.

The right to rent involves demonstrating that the occupier has a right to live in the UK, and such checks should be carried out on all adult tenants before a residential tenancy agreement is entered into.

Tied accommodation is, however, excluded from the right to rent scheme and so there is need to check the right to rent of tenants that live in tied accommodation under a service occupancy.

Employers are cautioned against offering an accommodation allowance and then seeking to ‘tie’ migrants to their own accommodation with the following issues arising:

1. Employers can’t usually include an accommodation allowance within the minimum salary thresholds for the sponsored role unless the allowance is:

a. Guaranteed

b. Paid for the duration of employment

c. Also offered to its other settled workers.

2. In this scenario, as rent will be paideven if heavily discounted - it will not be a valid service occupancy.

The risk for employers in point 1 is that they risk falling foul of point C above and are therefore breaching their sponsor obligations. The risk in point 2 will be that if it’s not tied accommodation, the right to rent checks may not have been completed.

For employers entering into employment arrangements with tied accommodation, or looking at terminations and possession considerations, HCR can provide bespoke advice on drafting employment and rental documentation, ending arrangements or ensuring the correct immigration considerations are taken into account.

Stephenie Malone

/ Hannah

Burgess Harrison Clark Rickerbys

Spring into the office: ensuring workplace wellbeing post-new year

January and February are months notorious for post-holiday blues, the abrupt return to routine and the dreaded common cold. Whilst the new year is seen as a time for new beginnings, clean slates and a chance to set new goals, the shorter days and darker nights can cause a significant dip in employee wellbeing and, as a consequence, their focus and productivity. Employers may find themselves navigating a delicate balance between acknowledging the need for recuperation and maintaining and encouraging high levels of productivity. However, promoting wellbeing shouldn’t be allowed to tail off as winter draws to a close – it’s just as important all year round.

Promoting wellbeing

The start of a new year can be seen as a prime opportunity to kickstart new wellbeing initiatives which will not only benefit employees’ health and happiness during but also help to influence a more engaged and productive workforce for the rest of the year. Carrying these on throughout Spring – and the rest of the year – provide employees not only with initiatives to keep them happy and healthy but also with the knowledge

that their employers really do care about their health and wellbeing.

Wellbeing initiatives involve anything from arranging weekly walks or coffee chats, to implementing regular checkins and promoting healthy eating. Similarly, they can involve organising sessions on subjects such as mindfulness, nutrition and managing stress, along with things such as contributions to gym memberships, investing in an Employee Assistance Programme (“EAP”) or looking into flexible working practices promoting a healthy work-life balance.

However big or small the organisation is, investing in employee wellbeing can increase employee engagement and satisfaction, help to reduce sickness absence and, as a result, positively impact performance and overall productivity.

Managing absence due to mental health

Whilst implementing initiatives can have huge benefits in boosting morale and creating a motivational working environment, it is important to ensure consideration is given to those situations where mental health is affecting individuals’ ability to effectively perform their role, or is preventing them from attending the workplace at all.

Absences which are caused by mental health can sometimes be viewed as frightening to tackle due to employers worrying about ‘the right thing to say’. Often, the best place to start is by simply asking them how they are and offering an open channel of communication. Signposting them to an EAP, their GP or Mental Health First Aiders can provide other avenues to seek more professional help should they need it.

Whether your employee appears to be struggling whilst in the workplace, or is unable to attend work due to their mental health, ensuring the situation is managed effectively and adequate support is put in place is crucial for assisting both parties to enable a comfortable return to work and create a supportive environment assist them to thrive in their role.

Seeking professional HR or Legal support when situations arise can allow you to achieve a supportive approach tailored to the specific needs of your employees, in turn helping to achieve the best outcome for both parties.

Sally Clive Harrison Clark Rickerbys

WLS Crazy Golf Event

On 28th February 2024, the Worcestershire Law Society organised a crazy golf event at Mulligans Worcester. The teams were treated to a 12-hole round of golf and the competition was fierce. Eventually Mfg Solicitors came out victorious. The teams were then treated to a selection of tasty food and drinks, with an opportunity to network and catch up with other professionals. Thank you to everyone who attended and made the event such a success!

Recent news and events at the School of Law

Beyond the Law Degree Event

In January, the School of Law welcomed back several of our graduates for our annual ‘Beyond the Law Degree’ event. The School of Law would like to thank Harriet Williams, Mollie Sheehy, and Charlette McDermott for giving up their time to offer current students advice and valuable insight. Events such as these are vital to building aspirations and broadening our employability provision for our undergraduate and postgraduate students.

Dr Chris Monaghan co-edited book launches

On 8 February 2024 the Harvard Human Rights Program at the University of Harvard hosted the book launch of “Impeachment in a Global Context: Law, Politics, and Comparative Practice” (Routledge, 2024), which brought together a panel of leading scholars who have contributed to an important new global comparative study that explores impeachment through the lenses of democracy, human rights, and the rule of

law. The book was co-edited by the Head of Law at Worcester, Dr Chris Monaghan, and the other speakers included Gerald L. Neuman who is the J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law at Harvard Law School and Director of the school’s Human Rights Program, Imelda Deinla who is Senior Lecturer at the School of Law, University of New England, and Aziz Z. Huq who is the Frank and Bernice Greenberg Professor of Law, University of Chicago Law School.

Skills Series

The Employability Team at the School of Law are hosting a Skills Series, enabling our students to gain further skills they can use in legal practice. Retired judge and long-term supporter of the School of Law, Toby Hooper KC hosted a fascinating workshop on advocacy skills for LLB and LLM students on 7th February. This consisted of an introduction to the criminal trial process, including examination-inchief and cross examination. Students benefited from hearing stories from Toby’s career, and engaging in creating their own questions to cross examine Toby himself. The workshop was very well attended by students, and students have informed staff that they thoroughly enjoyed hearing and Toby and taking part in an interactive session.

New Projects at the School of Law Mock Trial Project

The Mock Trial Project is an extracurricular project for Law students which is part of the School of Law’s Trial Advocacy Unit. Participating in

the Mock Trial Project provides an excellent opportunity for students to gain experience of trial advocacy, such as examination-in-chief and crossexamination, learn about the procedure of a criminal trial, and is another experience and skill for students to add to their CV. Sessions cover various aspects of trial advocacy based around a fictional set of criminal case papers and each session focuses on a different advocacy skill and students play the roles of advocates, witnesses, and defendants. Students are able to develop and practice skills in examination-inchief, cross-examination, and delivering opening and closing speeches. This helps those students pursuing a career at the Bar but it helps all students in building confidence too.

Mooting Club

The Mooting Club provides an extracurricular activity for Law students which is part of the School of Law’s Courtroom Advocacy Unit. Participating in Mooting Club provides an excellent opportunity for students to gain experience of appellate advocacy, both written and oral, to learn about courtroom etiquette at appellate level, and is another experience and skill for them to add to their CV.

Careers Café

The Careers Café is a monthly drop in run by the Law employability team (Jenny Watkins, Harriet Payter, and Danielle Hopton- Jones). These drop-in sessions give students individual careers support. This aligns with employability sessions that are built into the taught content of the Law courses and complements the pastoral support given to Law students from their Personal Academic Tutors.

FIND OUT MORE

Read about research initiatives in the School of Law in the next edition of the Pears.

For further information about the School of Law at the University of Worcester, visit Worcester.ac.uk/about/academicschools/school-of-humanities/schoolof-law.aspx

www.worcestershirelawsociety.com

Record breaking year for charity legacy income

Charity legacy income is estimated to have reached £4bn and bequest numbers almost 140,000 in the year 2022/23 — an annual income growth of 6.5%. This news comes at a time when a growing number of charities are increasingly reliant on gifts in Wills.

The growth estimate is based on this year’s Legacy Monitor from Legacy Foresight - the sector’s annual benchmarking research programme, which gathers data from over 80 charities, accounting for almost 50% of the charity legacy market.

UK legacy income, £bn

These results reflect the resilience of the legacy market, with easy and up-to-date access to the latest facts and figures from the UK legacy market now available via Legacy Future’s new Data Dashboard.

Although the upward growth trajectory looks set to continue for the long-term, Legacy Foresight also warns that current economic conditions are likely to negatively impact growth in the coming months - with falling house prices not only impacting average gift values but also affecting the time taken between notification and money being received by charities.

Despite the projected fall in house prices meaning that the medium-term forecast for legacy income is relatively subdued, beyond 2026, the forecast for the legacy market is a lot more positive, with an expected return to accelerated growth. In real terms, legacy income is predicted to reach over £6bn by 2050.

Long-term predicted growth of UK legacy income, £bn

While growth in legacy income is positive news, charities need to be aware that the market is becoming more crowded. With more charities vying to be heard in the legacy market, it is getting harder to maintain and grow share. Smaller charities with smaller budgets are finding it easier to spread their legacy programmes to potential legators as digital marketing for legacies becomes more mainstream.

Charities must therefore be prepared to plan, invest and be creative to secure their space in this evolving sector.

CEO of Legacy Futures, Ashley Rowthorn, says: “With the huge impact that external forces such as house prices and the probate backlog are having on the legacy market, it’s more important than ever and yet more challenging than ever, for charities to understand how they are faring compared to the market.

“Charities need to stay aware and informed as to what is happening to the external drivers, so they’re able to separate market trends from their own. This will enable a better understanding of their underlying performance and to set realistic budgets and strategies for the future.”

Lucinda Frostick, Director at Remember A Charity, says: “Particularly in such tough economic times, charitable legacies have never been more valued. Fundraisers, finance teams, CEOs and trustees at any charities with established legacy fundraising programmes will no doubt be thankful that their predecessors had the foresight to invest in legacies in years gone by, helping them weather the current storm.

“We can’t control the economic environment, but what we can influence is the propensity for giving and the way in which we inspire people to leave a gift in their Will. Currently, we’re seeing appetite for legacy giving reach record levels. In challenging times, it’s all more important that we continue to collaborate within the sector and beyond, building on legacy growth to normalising charitable gifts in Wills.”

The importance of a DNA test for Immigration applications

An investigation by the BBC in May last year1 revealed that there are UK men who are posing as fathers for migrant women and taking fees of up to £10,000 for falsely adding their names to birth certificates.

This enables the child to become a UK citizen and hence for the mother to gain residency. It appears that despite the rules banning the practice, these “fathers” are advertising on social media and are using elaborate and convincing backstories, which can only get more convoluted with use of AI. Social media posts involve both men advertising themselves as “fake fathers” and women searching for a British “citizenship daddy”.

Falsification of a birth certificate is a criminal offence2 yet the practice continues, with rare examples of prosecutions.3 As evidence of paternity, sufficient checks are required and the technology to do this, via a DNA test, is both readily available and tried and tested.4

Since the Home Office has not published data on the number of visas given to non UK parents of British children, the scale of this fraud is not publicly known. However, it is the case that if an illegal migrant female gives birth in the UK to a child who has either a) been fathered by a man with indefinite leave to remain or b) is a British citizen, then the child will be British by birth. This does the correct thing of course, it protects the child, but the consequence is that the mother can apply for a family visa and hence citizenship.

The BBC reported that this practice has been going on for many years, including communities from Bangladesh, India, Nigeria, Pakistan, Sri Lanka and Vietnam.

In these cases, where the “red flag” is raised, there is a clear requirement for a DNA paternity test. For example, a red flag would be a British child with one British parent who is named on the birth certificate and a non-British mother who is without a visa. Unfortunately, there is no legal requirement in the UK for a DNA test when an application is made for a child’s passport or when registering the birth. There is a strong case for change.

In the cases of unmarried parents, the responsibility for registering the birth of a child lies with the mother and only the mother has parental responsibility. If both “parents” are present at the registration, then there is the situation where the fake father or the citizenship daddy will have parental responsibility for the child. Falsification aside, once the visa/citizenship process is complete, the mother may claim “genuine mistake” and via a DNA test, apply to have the fake father or citizenship daddy removed from the birth certificate. Equally, should the biological father appear, he may also apply for an amendment, but this would not give him parental responsibility unless a court order was in place or unless the mother agreed.

A DNA test for paternity either excludes a man from biological parentage with 100% certainty or determines that he is the biological father. The latter, an “inclusion” is usually given as a probability of paternity and will give a statistic in excess of 99.99%, especially if we have been able to test the mother. Of course, paternity DNA tests of this nature should be conducted by an accredited company, such as our own, which is on the Ministry of Justice list as “a body that may carry out parentage tests directed by the civil courts of England and Wales under section 20 of the Family Law Reform Act 1969” 5

By using such a company for these tests, you can be assured that as far as is possible, checks are carried out to establish identity and facts, plus we control the sample collection, via use of one of our registered samplers and adherence to the legal procedure for collecting samples for DNA testing.6 This is important because there is

a chain of custody which allows reliance on the DNA testing data.

The BBC investigation into birth certificate manipulation has provided illumination into circumstances which are disconcerting and indeed, helps makes the case for more accredited DNA testing to be used in immigration applications.

About the author:

Dr Neil Sullivan, BSc, MBA (DIC), LLM, PhD is General Manager of Complement Genomics Ltd (trading as Dadcheck®gold).

Complement Genomics Ltd (trading as Dadcheck®) is accredited by the Ministry of Justice as a body that may carry out parentage tests directed by the civil courts in England and Wales under section 20 of the Family Law Reform Act 1969.

Please see: https://dadcheckgold.com

Tel: 0191 543 6334

e-mail: sales@dadcheckgold.com

Citations

1 UK men offered £10K to pose as dads in visa scam, BBC investigation finds - BBC News

https://www.bbc.co.uk/news/uk65556437

2 Section 4 of the Perjury Act 1911

3 Mum jailed for lying about the dad of her baby on birth certificate to spite exboyfriend - Wales Online

https://www.walesonline.co.uk/news/ wales-news/mum-jailed-lying-dadbaby-16932386

4https://www.dadcheckgold.com

5 dadcheck® is UKAS accredited testing laboratory No. 2743.

6 Blood Tests (Evidence of Paternity) Regulations 1971 (SI 1971/1861), as amended Blood Tests (Evidence of Paternity) (Amendment) Regulations 2015.

Dr Neil Sullivan

Forensic accountants in matrimonial cases

Have you ever come across a forensic accountant who regularly turns business away? Read on!

I receive many requests for help in family cases, often several times a week, typically from the wife who considers that her husband is not making full and correct disclosure of his financial affairs. What am I able to do to help them? This is a personal note setting out my understanding of the position, and I provide it here so as to avoid the need to give the same explanation repeatedly.

Typically, a lady does a Google search where my name comes well up on page one. She looks at my website, views the videos, reads the war stories, and concludes that I am a helpful character with a wealth of experience (I am, I am!) who can help them to find the husband’s hidden assets or the lies in his disclosure.

In the old days, that was certainly the case, and I have had some stunning successes. But these days it’s different. Except in the multi-million pound cases seen in the national press, or where a party is so blatantly dishonest that the court recognises the need for an investigation – and this is very rare – the court will only approve the appointment of a forensic accountant to act as a Single Joint Expert (SJE), who acts for both spouses, but with an overriding duty to the court.

This works well where the main function of that expert is to value the business which one party will be taking out of the marriage on a clean break – I have done hundreds of such valuations – or where an expert is required to opine on the ability of one self-employed spouse to pay maintenance to the other. But where there is serious doubt about a spouse’s

disclosure, but not bad enough for the court to recognise the need for an investigation by a forensic accountant, two main difficulties arise.

The first is that if the wife or her lawyer thinks that I would be a suitable SJE and puts my name to the other side, I would be typecast as the wife’s man, and the husband would want his own man. Result: deadlock, which can be resolved only by one side or the other giving in, or by both sides putting their (wo)man’s CV before the court for the judge to decide who shall be the SJE. And that leads to delay and expense.

The point is that an expert can produce a report and give evidence at a hearing only with the court’s permission.

There is an alternative: the forensic accountant can act as expert adviser. He is not on the court record, but works in the background, providing assistance to the lady’s lawyers. He cannot appear at court (except on the back row, perhaps passing notes to the barrister), and there is no prospect of the husband being ordered to pay any part of that accountant’s fees. And the investigating accountant can use only the evidence produced, which may be limited.

So to conclude, if a business valuation is required for a clean break, I can act as SJE as I have done many, many times before. And within limitations, I can act as expert adviser. But for me to act on the record as expert for one party, the other spouse’s shortcomings in disclosure would have to be egregious (outstandingly bad or shocking) and if that situation is suspected, I would recommend that the party concerned should speak to their lawyers, not to me, about whether the court might appoint a party expert acting to carry out an investigation.

In fact, what I always do when a spouse approaches me for help, and the dilemma is whether I could act as SJE or expert

adviser, is that I ask them to read this article (it appears on my website as a blog) and then speak to their lawyer. I seldom, if ever, hear anything further. So the job, if it ever was a job, is thrown away. You see, with any case I will not waste your time if it apparent that to pay me for an expert report would be a waste of money.

I remind readers that I offer an initial review of any case without obligation (see “How long’s a piece of string” on my website: https://chrismakin. co.uk/forensic-accountants-inmatrimonial-cases/), but that review should be done only when the lawyer considers there is a chance of the court agreeing to have a party expert.

Of course, if a straightforward business valuation is needed, I’m your man!

Biog: Chris Makin has practised as a forensic accountant and expert witness for 30 years,

latterly as Head of Litigation Support at a national firm. He has given expert evidence about 100 times. He also performs expert determinations.

Chris is a fellow of the Institute of Chartered Accountants where he has served on the Forensic Committee, and as an ethical counsellor; he is a fellow of the Chartered Management Institute, a fellow of the Academy of Experts where he serves on the Investigations Committee, and a mediator accredited by the Chartered Arbitrators. He practises as a mediator, from his home in West Yorkshire and his rooms at 3 Gray’s Inn Square, London WC1R 5AH, telephone 020 7430 0333. He has mediated 100+ cases so far, on a huge range of subjects, with a settlement rate to date of 80%. For more see his website with videos:

www.chrismakin.co.uk

chris@chrismakin.co.uk

Chris Makin

What is Transaction Liability Insurance?

Transaction Liability insurance is designed assist both buyers and sellers with Mergers & Acquisitions. Also known as Warranty and Indemnity insurance it is increasingly used to smooth the M&A

process and reduce the risk to both sides.

During and after the M&A process liabilities can come to light which the seller is responsible for or the buyer can suffer financial loss due to inaccuracies or warranties given by the seller. Transaction Liability insurance can protect both sides and is growing in popularity across the UK.

Transaction Liability Insurance can be used to reduce the risks and smooth the process of the M&A through:

• Reducing the level of indemnification provided by the seller to the buyer

• Reduces the need for the seller to ringfence the sale proceeds

• Reducing the credit risk to the buyer

• Simplifying the negotiation regarding warranties

• Protects relationships between buyer and seller

Common warranties or misrepresentations that can be insured include:

• Tax breaches

• Intellectual Property

• Financial statements

• Compliance with laws

• Cyber breaches

• Employment breaches

Transaction Liability insurance can be purchased by buyers or sellers but is more commonly purchased by the buyer because it protects them if the acquired business has an unexpected flaw. It allows the buyer to make a claim against the insurer rather than the seller. Sometimes the requirement for insurance can be included with in the M&A deal to ensure protection is in place.

If you have clients who are involved with mergers and acquisitions talk to them about reducing their exposure with an insurance policy. For more information contact Sutcliffe & Co Insurance Brokers on 01905 21681 or email enquireis@sutcliffeinsurance. co.uk

Duncan Sutcliffe

Managing Expectations During Probate

The most common question I get asked during probate by beneficiaries is about understanding timescales. It is important to manage expectations in a professional and efficient way, while at the same time being compassionate and empathetic as we are always working with clients suffering through grief.

Our goal is for our clients to remember the individual who has passed away and not be burdened with the administration element of probate. Ultimately, the issue of probate also means we are able to distribute assets or assist in selling properties within the estate, which helps families gain closure and move on.

Our probate team of four solicitors plus seven legal secretaries is one of our largest departments. We have a substantial Will bank where much of our probate work originates from. However, we also work with beneficiaries and executors both locally and across the UK who approach us directly.

An initial meeting is a time to talk about the process of probate and what to expect, then we inform beneficiaries with meaningful updates when milestones are reached. We pride ourselves on our excellent client care and to achieve this we must first identify all the assets within an estate. Therefore, early in the probate process we conduct a full Financial Profile Search through Estatesearch. Even if

executors don’t believe there are assets the family is unaware of, we suggest an asset search as a best practice approach.

Previously, we might have had a steer from the family, then proactively written to each of the relevant financial institutions to establish what assets were held by the deceased. However, this was time consuming and even in the best case, a family can never be entirely sure what assets are held. It’s easy to forget an old pension pot or shares or these days, not to be aware of online accounts.

Estatesearch’s Financial Profile search includes AML and Identity Trace, Liability Search and Financial Asset Search. In the Financial Profile Premium, it also includes Company Directorships and an Unclaimed Asset Search that includes up to 40 additional pension and insurance providers to help locate forgotten accounts, policies, and shareholdings within 30 days.

Estatesearch Financial Profile Search is a cost effective and efficient option which offers peace of mind that nothing has been overlooked.

Several clients have been surprised and pleased when the search has discovered unknown accounts. These have all contained relatively small amounts of money which have not impacted the IHT position. However the searches demonstrate the importance of due diligence for us as a firm, as unravelling the situation in relation to IHT if a substantial asset was discovered at a later date, would be highly complex. We also use Estatesearch to place statutory notices, to undertake share valuations and for ID and bankruptcy checks. We use Estatesearch’s free, secure online portal which means searches are seamless, easy and quick to order reducing the overall time spent and therefore, cost for the estate.

We have even recently used Estatesearch’s Will Search in a difficult situation where one executor

questioned the validity of an existing Will. Without Estatesearch’s Will Search options would have been very limited to check if any later versions of the Will had been made. It meant we could remain professional and objective throughout a challenging matter.

We want to ensure that everyone is given the same level of excellent service and treatment and that we can guide and support clients through probate as professionally as possible. Being able to work with Estatesearch is valuable, as a comprehensive asset search in addition to the add on searches speed up processes and ensure we can offer an efficient and seamless service for the benefit of our clients, making what is always a difficult time, a little easier.

For further information about John Fowlers please see: https://www. johnfowlers.co.uk/

For further information about Estatesearch please see: www. estatesearch.co.uk

James O’Toole , Solicitor, John Fowlers Solicitors

About John Fowlers Solicitors

In 1924, a commitment to legal excellence was born in the heart of Colchester, Essex. As 2024 dawns, John Fowlers Solicitors LLP proudly celebrates a century of dedicated service, innovation and unwavering commitment to the local community in private and commercial law and legal aid.

James O'Toole

Deputyship and Statutory Will Applications: How does a probate genealogy firm help?

As all Deputies and Court of Protection specialists will know, applying for a Statutory Will can be a complicated and time consuming matter. As part of the duty of care, and requirements for making a Statutory Will, it is necessary to hold a copy of the person’s existing Will, a draft of the proposed Will, details of their family, assets and income, as well as medical evidence of their incapacity in order to provide these to the court, together with any other evidence the court requires.

Anyone who would be potentially affected by the application (perhaps a beneficiary who would lose out, for example) will be a party to the court proceedings. Finders International specialises in researching P's next of kin, providing a verified family tree and a full report of the required findings to support your Application to Court.

Here are some of the ways in which a probate genealogist can help:

1. Verifying Family Tree Information:

We can conduct thorough research to trace and identify all of P’s next of kin according to intestacy rules. We can do so with little or no contact with the family, at the authority of the Deputy, and ensure that our research is backed by documentary evidence.

The court or the deputy may receive information about P’s family from various sources, including family members. This information can often be inaccurate; therefore, we can verify the accuracy of any information already held, ensuring that the family tree is comprehensive and reliable.

2. Resolving Complex Family Scenarios: In cases where the family structure is complex or unconventional, a probate genealogist can provide expertise in unravelling intricate family scenarios. This includes stepsiblings, half-siblings, or other unique family relationships. With modern families spread across the globe our

international expertise can assist in even the most complicated of family make ups, and wherever people may live.

3. Ensuring you are aware of P’s existing Will & financial assets

Ensuring you know of any Will P may have made in the past is crucial to this process. Finders can assist by conducting a comprehensive Will Search to identify any Will that may have been made before P’s affairs were managed under Deputyship Order. Additionally, a full missing asset search can also be conducted for P, ensuring that you are aware of the full financial picture.

4. Providing Evidence for the Court: The findings of a probate genealogist can be presented as evidence to the Court of Protection. This documentation helps validate the accuracy of the family tree and ensures the correct family members are notified of the process.

Insights into the research process

A question that we are often asked is, ‘How do you do it?’ Many who have researched their own family tree will know that birth, marriage, and death records are essential in confirming findings. At Finders International, we also have inhouse databases, local representatives, and a network of international researchers to assist with our research. Each case comes with its challenges, including children born out of wedlock, overseas research and common surnames. Our team work on cases with these elements on a daily basis and carry out research for Court of Protection teams all over the country, so have the experience to overcome these research hurdles.

Case Study

At the point of our instruction, the only information held was that P had a deceased partner and one living cousin.

Our research first confirmed that P had no children and was an only child.

Extensive research using all available genealogical resources confirmed that P had no living Paternal family. However, we confirmed that P’s maternal family was larger than expected.

During the course of our research, we identified 6 maternal aunts and uncles who left descendants, identifying a number of living cousins.

As part of our verification process, we obtained birth, marriage and death certificates and identified current addresses for all P’s next of kin. This information was provided to the Deputy in an easily digestible family tree and report, with appropriate supporting documentation. In this case, at the Deputy’s request, no contact was made with the family before our report was submitted.

Our involvement in this case was key, as we identified three more family members in addition to the cousin previously known. This full picture enabled the Deputy to proceed with the Statutory Will Application and notify all the correct next of kin.

Our expertise in genealogical research ensures a thorough and accurate representation of the P’s family connections, enabling confidence in the information provided to the Court for the purposes of obtaining a Statutory Will.

Finders International can assist predeputyship application if the court requires you to contact family, friends or neighbours of P. We can also assist with Statutory Will Application research, Missing Will and Assets searches, Administrator searches and Unoccupied Property Insurance. If you have a case like the above or have any questions regarding our services, contact us today at quotes@findersinternational. co.uk, call 0800 085 8796 or visit our website www.findersinternational.co.uk