News & Articles
Challenges of Virtual Meetings in the Legal Sector

Challenges of Virtual Meetings in the Legal Sector

The Present Reality If you had been on another planet for six months and returned, landing in the middle of your local town, you could be forgiven for thinking that your spacecraft had entered a parallel universe. Very few of your usual frames of reference would be recognisable: streets virtually empty at peak times; shoppers ...
The Symptoms of Lockdown

The Symptoms of Lockdown

Unlike basic needs such as food, air, shelter and water, we as solicitors understand that our services are only ‘needed’ when our clients have some important event in their lives. Until you’re actively moving house, setting up a business or negotiating a contract, for example, we know that we are generally ‘off the radar’. During ...
Housing Disputes – An Englishman’s Home is his Castle?

Housing Disputes – An Englishman’s Home is his Castle?

“An Englishman’s home is his castle” is a common statement, but what it actually means in practice is less simple. We call our home many things: our nest; “pied-à-terre”; sanctuary; abode; dwelling quarters or habitat. All of these terms reflect an attachment to the place where we rest our head. Forms of Home Ownership As ...
Covid-19 and the Legal Sector

Covid-19 and the Legal Sector

  You could be forgiven for wondering whether or not there is any subject to discuss other than Covid-19. Not only is there a global viral pandemic, there is also an anxiety pandemic that crosses all borders and institutions. We wanted to bring a little clarity during this period of great uncertainty. Here is how ...
International Climate Change Statute: Power to the People

International Climate Change Statute: Power to the People

As an individual, it can seem at best daunting and at worst impossible to affect change in what seems like an increasingly globalised world. Money talks. If you needed proof of this, just take a casual glance at the current US primaries with the two main acts being multi-millionaires with deep pockets and hardball legal ...
Statutory Legacy Amount Increased in England and Wales

Statutory Legacy Amount Increased in England and Wales

What Is a Statutory Legacy? In the event of a person not having a valid will at the time of their death, Statutory Intestacy Rules set out the distribution of an estate. The “Statutory Legacy” was last changed when the Inheritance and Trustees’ Powers Act 2014 came into force on 1st October 2014. A Law ...
Beware of the Ghost of Inheritance Past

Beware of the Ghost of Inheritance Past

We live during a time where the past misdemeanors of people are increasingly coming to the surface. There are several contributing factors to this trend – evolving technology and changing cultural norms being examples. Take social media platforms, for instance. Celebrities are being brought to book for unfortunate – or downright inappropriate – comments made ...
Writing a Will: A Tablet of Stone or a Movable Feast?

Writing a Will: A Tablet of Stone or a Movable Feast?

Writing a Will Writing a will can be a momentous event. Not usually something that is undertaken lightly or casually. It is usually brought about by life events that cause reflection or a sudden appreciation that everything can and will change. So, the thought that this precious ‘once in a lifetime’ document could be challenged ...
Cryptocurrencies and Smart Contracts – Worth a Bird in the Hand?

Cryptocurrencies and Smart Contracts – Worth a Bird in the Hand?

Cryptocurrencies and Smart Contracts By their very nature, cryptocurrencies and smart contracts are difficult concepts to wrestle with. Being intangible and virtual there are few examples in history that can be cited as positive confirmatory precedents. Other examples of a value being apportioned, despite little hard evidence might be the ‘dotcom bubble’ or ‘pyramid selling’ ...
Fraudulent Calumny

Fraudulent Calumny

“Fraudulent Calumny”: You could be forgiven for wondering if this were a glorious 16th-century put-down from the pen of the Bard. Or maybe one of the latest from the canon of utterances from the mouth of Alexander Boris de Pfeffel Johnson. Archaic bon mots such as ‘nincompoop’, ‘ultracrepidarianism’ and ‘mandrake mymmekin’ would sit comfortably alongside. However, ...
How to Write and Maintain an Effective Will

How to Write and Maintain an Effective Will

  As a responsible citizen, it is likely that you will drive safely, put your rubbish in the bin, pay your taxes, clean up after your dog and have made that sure you’ve written a will.  Whilst it is evident that you must drive safely every day, we relentlessly continue to create rubbish and therefore ...
Residential Property Ownership – Capital Gains Tax Legislation Changes

Residential Property Ownership – Capital Gains Tax Legislation Changes

A court ruled earlier this month that residential property ownership only starts when a purchase is completed. Section 28 of the Taxation of Chargeable Gains Act 1992 states that where an asset is disposed of and acquired under a contract, the disposal and acquisition is made at the time the contract is made. But what ...
Why is Writing a Will so Important?

Why is Writing a Will so Important?

Last year it was revealed that six in ten UK parents (59%) either do not have a will at all or their existing one is not up-to-date. Furthermore, a quarter of those have no intention of making one. These are surprising statistics – especially given the ease with which people can access information and guidance ...
One in Four Prepared to Challenge a Will

One in Four Prepared to Challenge a Will

In February of this year, it was reported that a quarter of British adults are prepared to challenge a relative’s will in court. This is according to a survey of 2000 people, which was commissioned by the life insurance company, Direct Line. 8159 caveats were entered in contested probate cases in 2017, rising by 8% in ...
Law Commission Publishes Stance on E-Signatures

Law Commission Publishes Stance on E-Signatures

Electronic (e) signatures have been in existence for a number of years. However, until now the law’s stance on their use in court has been vague at best. A Digital World As digitalisation continues to transform the world in which we live, the benefits to society at large are plain to see. From instant video ...
Justice Budget Increase Deemed Insufficient

Justice Budget Increase Deemed Insufficient

Following years of austerity, one might have expected the Ministry of Justice to welcome the government’s latest spending review with open arms. However, critics are labelling the increase as insufficient. Javid’s Budget Increase This month, the new chancellor, Sajid Javid confirmed that the MoJ’s resources budget would increase by 4.9% for 2020-21. In addition, a ...
Probate Fee Hike Lapses as Parliament Suspended

Probate Fee Hike Lapses as Parliament Suspended

Controversial plans to hike probate fees have lapsed due to parliament’s prorogation. The plans were initially delayed when the Brexit deadline of March 29thwas extended to October 31st. However, with parliament prorogued by new Prime Minister Boris Johnson, the motion has now lapsed completely – news welcomed by The Law Society. What were the Proposed ...
A Trust without a Deed?

A Trust without a Deed?

Below we look at the details of a landmark legal case from earlier this year in which a trust was found to be legitimate without the presence of a deed. In April, a tribunal ruled in favour of a UK taxpayer who was holding a bare trust for a relative. The First-tier Tax Tribunal declared ...
Digital Changes to Probate Grants

Digital Changes to Probate Grants

Changes to probate grants are to be digitalised. The UK’s Courts and Tribunals Service (HMCTS) has this month introduced digital amendments to probate grants. From 8th August, the probate service has been allowed to amend any errors in probate grants digitally. Whereas the ‘old style’ of amendments (pen and ink) will continue to be valid, ...
Capital Gains Tax Deadlines Change

Capital Gains Tax Deadlines Change

It was announced in June that Capital Gains Tax (CGT) deadlines for residential property disposals were to change. ‘Property disposal’ is the technical term for when an inherited property is sold for cash. The new deadlines (which will be introduced in April 2020) will see CGT having to be paid just 30 days after completion ...
Landmark Pension Ruling Sets Precedent

Landmark Pension Ruling Sets Precedent

This month saw a landmark ruling in UK pensions, as a woman won the right to her late partner’s pension. Jane Langford had been cohabiting with RAF employee Christopher Green for 15 years at the time of his death in 2011. Although the RAF pension gives unmarried partners of employees access to their pension if ...
Much Ado About Bitcoin

Much Ado About Bitcoin

In an effort to make our digital world more secure, an increasing number of transactions are being done digitally.   This may be by converting contracts into encoded digital information or by encrypting financial transactions by the use of a cryptocurrency such as Bitcoin. The Digital Revolution The digital age has revolutionised the world of commerce. ...
Labour’s Property Crisis Pledge

Labour’s Property Crisis Pledge

Among the political turmoil here in the UK, it is difficult to see far beyond the thick fog of Brexit. It is the all-consuming topic that frustrates and angers as much as it bores and tires. However, in amongst this national pea-souper is national political news that can easily be missed; indeed, it is sometimes ...
Hidden Legal Costs and How to Avoid Them!

Hidden Legal Costs and How to Avoid Them!

Have you ever felt duped or cheated? It’s not a nice feeling is it? Unfortunately, you’ll find ‘hidden extras’ when committing to make a purchase in all manner of industries. There is often scope for these hidden extras to find their way on to your bill without you necessarily agreeing a price (or indeed realising ...
Probate Disputes are on the Rise!

Probate Disputes are on the Rise!

According to a recent report, the number of inheritance disputes has rocketed by 62% in the last year. The rise is being attributed to the increasing popularity of DIY wills – a trend that is clearly at the root of much unnecessary heartache. A probate dispute causes further stress and upset to family members at ...
Changes at A M Davies

Changes at A M Davies

At the beginning of May, A M Davies had official confirmation from the SRA (Solicitors Regulation Authority) that it will be re-registered as a partnership. From 1st June 2019, the company will change status to list Angela Davies and Jeremy Clough as joint owners and partners. Although this change is technically significant when it comes to ...
What are the Implications of the Delay to the Probate Fees Hike?

What are the Implications of the Delay to the Probate Fees Hike?

If you were to be on the receiving end of an estate worth £2m, you could be excused for thinking that the days of hyper-inflation in post war Germany were being visited upon us in England and Wales. Although the implementation has been delayed due to Brexit, probate application fees are set to rise from ...
The Probate Fee Hike: A Taxing Affair

The Probate Fee Hike: A Taxing Affair

Fresh controversy has been added to the debate surrounding the fast-approaching overhaul of probate fees. The Office of Budget Responsibility (OBR) has stated that it expects the new fees to be classified as a tax – an assertion rejected by ministers. The new structure is expected to bring HMRC an additional £155m per year in ...
The Growing Importance of Timely, Professional Estate Management

The Growing Importance of Timely, Professional Estate Management

It was recently reported that a widow’s late application claim against her husband’s estate was refused; this is hardly news in itself, but a comment from the judge in court has had significant implications for the executors of estates. The claim, which was made nearly 17 months after the six-month time limit, was thrown out by ...

Solicitor:

Angela Davies LL.B

T 01423 772860
E a.davies@amdavies.co.uk

Chartered Legal Executive:

Jeremy Clough FCILEx TEP

T 01423 779479
E j.clough@amdavies.co.uk