LEGAL AGREEMENTS VS COURT – WHICH IS BETTER? ESTATE ADMINISTRATION AND MANAGING PROPERTY Estate Administration and Managing Property & Financial Affairs during a Global Pandemic During the pandemic no firm has been unaffected and the private client sector is always adapting to challenging circumstances. Everyone is seeking new approaches to continue being able to help their clients. Travel restrictions or safeguarding issues might mean you are unable or ill advised to access property or personal files as an executor or personal representative. However, there are a variety of free and premium searches which can help to remotely identify details of an estate and which can help gather information on an estate. Such searches can help to efficiently gather both personal information and financial information concerning live, on-line, lost and dormant accounts, helping minimise reliance on paper reviews. Travel restrictions or safeguarding issues might also mean that executors and personal representatives are having difficulties adhering to clauses specified in the property insurance. Many insurance providers have already extended their terms in respect of inspection clauses, so if you already have insurance in place you should check with the insurer for further information. But if you are currently seeking unoccupied property cover, there are providers offering more favourable inspection clauses or alternatively, there are now providers who can offer cover without any inspection requirements. Restrictions have also made it difficult for family member’s and personal representatives to attend banks and similar organisations in person to notify them of the death. This is because many offices are closed and the staff are working from home. Many organisations have now confirmed you must send your notification by email or submit it online and they will also have their own specialist bereavement team that only deals with those members who have passed away. These dedicated bereavement team’s are there to support you during this time and usually the quickest and easiest way to let them know if you’ve lost someone is by using their online notification form. The landscape for probate and estate administration has changed substantially over the last year and some of these changes seem like they will be here to stay. Natalie Thomas, DJM Solicitors 01656 772211 www.djm.law.co.uk SWANSEA | MUMBLES | PORTHCAWL | CARDIFF | 01792 65 00 00 The Dunes Business Centre, 267 New Road, Porthcawl CF36 5BG
38 | seaside news
It is far better for divorcing couples to agree how their assets should be divided, rather than fighting it out in court. A recent Court of Appeal case showed that, where personal animosity persists, it is only too easy for the terms of such agreements to themselves become the subject of dispute. The case concerned a very wealthy couple who, following highly acrimonious divorce proceedings, settled their differences and signed a clean break consent order. In addition to the husband paying several large lump sums to the wife, the order provided that the former matrimonial home which was in the husband’s sole name should be sold ‘forthwith’ and the proceeds divided equally between them. The wife remained living in the house for about two and a half years before a buyer could be found. The eventual sale price was a disappointing £5.9 million. Prior to the sale, the husband served a notice on the wife, requiring her either to vacate the house within four weeks or to pay £5,000 a week in rent. After she refused to do either, he launched possession proceedings against her, seeking £600,000 in damages for alleged trespass. After several appeals, the judge found that the wife was within her rights to occupy the property until the date of its sale. She was required to pay outgoings on the property, but was under no obligation to pay occupational rent. The judge said the case was a cautionary tale, regretting that personal animosity between the former couple had driven them to make use of their considerable resources to litigate the matter through two appeals. Although this case is unusual, it shows the importance of reaching an agreement and keeping a clear head in order to avoid over complicating matters via costly litigation. MADELINE RAND King Davies & Partners
YOUR QUESTIONS ANSWERED Question: I believe my husband is having an affair. Last week he moved out of the house and I want to file for divorce. He will not admit to the affair, can I look through his bank statements to find evidence? Answer: Absolutely not. Though tempting, looking through your spouse’s private documents such as bank statements or emails can lead to serious repercussions and is a potential criminal offence. This comes as a shock to many clients, especially if they have easy access to their spouses email accounts or mail. However, there is no benefit in doing so. This week, we have seen headlines such as ‘Man sues wife for ‘opening bank statement to see if he was having an affair’. After separating from her husband, Karen Santi looked through her husband’s documents to confirm her suspicions. Whilst this may be seen to many as an understandable thing to do, the Court viewed this as an invasion of her husband’s privacy and was ordered to pay her husband 54,000 in damages. This shows how serious approach the Court takes to confidentiality. The same goes for searching for evidence of finances. Some clients believe that their spouses are not truthful about the amount of money or assets they have. Even though you may believe that you can search their private documents for
