Luke Robinson qualifies as a Solicitor

Luke Robinson has qualified as a Solicitor at Blackhurst Budd as of 1st May 2020.

Luke has dealt with residential and commercial property transactions at the firm since 2014 and started his two year training contract in 2018. He joined Blackhurst Budd after graduating with a Degree in Law with Criminology from Edge Hill University.

Managing Director Warren Spencer commented:

“Many congratulations to Luke on qualifying as a Solicitor. He has become a key member of the property team, building his own network of professional contacts and providing an outstanding service to our clients.”

Firm Donates £10,000 to Trinity Hospice

Hospice staff are on the front line of care during the Covid-19 crisis: and a generous financial donation will help the Trinity team go on caring for local people in the weeks and months ahead.

Blackhurst Budd had made Trinity’s Linden Centre its charity of the year, pledging £5,000 to help fund its bereavement counselling services for adults and children. But in the face of the current health crisis, the firm added another £5,000 for the adult hospice – a gesture which has been warmly welcomed.

Warren Spencer, Managing Director at Blackhurst Budd commented: “We are delighted to be able to support the Linden Centre and Trinity Hospice at this difficult time, when many charities are struggling to raise the regular income they need. We are aware that all planned fundraising activities have been abandoned due to Covid-19 and social distancing measures.

“Whilst NHS related charities are receiving a great deal of well-deserved coverage at the moment, we must not forget the vast number of other worthy charities who still need the support of local businesses and individuals to survive.”

He added: “I must stress that this donation comes from the firm’s charity account, which comprises of many small sums of money (residual balances), that our generous clients have agreed to donate. A great deal of hard work has gone into this process over the last six months by our accounts departments and that is reflected in the amount we are able to donate.”

With its summer events cancelled and an uncertain few months ahead, Trinity is facing a big funding deficit, despite money being pledged to the hospice sector by the Government. Fundraisers expect to be at least £500,000 down on targets – at a time when the hospice is busier than ever as it offers bed space to help ease pressure on NHS services locally.

Corporate Partnership Manager Janet Atkins said: “This donation comes at a time of considerable pressure at Trinity, when our nurses are on the frontline of Covid-19 care and many sources of funding have dried up.

“Blackhurst Budd have been staunch supporters over the years and we cannot thank them enough for their financial support in these unprecedented times. They are a fantastic example of a local company helping local people.”

Sharp Rise In Demand For Wills In Blackpool

Blackhurst Budd Solicitors have reported a significant increase in the demand for wills and Lasting Powers of Attorney over the last three weeks.

There have been challenges to ensure that the wills are executed correctly whilst still following social distancing rules, which has led to a number of unusual practices such witnessing the signing of Wills through a window at the client’s home.

There have been calls for the Government to make writing wills easier during the Covid-19 crisis and the Ministry of Justice could temporarily relax rules on two witnesses being present. Scottish Law has already been amended to allow video conference facilities to assist in witnessing a testator signing their Will.

Ian Bentley, Director and Head of Private Client Services at Blackhurst Budd commented:

“Whilst further clarification is expected from the Ministry of Justice, the Solicitors Regulation Authority released guidance on the 2nd of April stating that video supervision of witnesses signing Wills should be possible, for example in the case of people in a care home.

Only last month an online poll showed that the number one reason people did not have a Will was simply that they hadn’t got round to it. Concerns over the Coronavirus and an increased amount of time people have on their hands due to lockdown has resulted a large number of enquiries from new and existing clients.”

For advice on Wills, Trusts and Lasting Powers of Attorney please call 01253 629300.

Natasha Qualifies as a Solicitor

Natasha Clark has qualified as a Solicitor at Blackhurst Budd as of April 2020, having completed a two-year training contract with the firm.

Originally from Blackpool, she attended St Georges C of E High School ahead of moving to Leeds to study law. She graduated in 2015 and went on to study the LPC at UCLan, achieving a Distinction. Natasha is experienced in both residential property and family law.

Managing Director Warren Spencer commented:

“Congratulations to Natasha on becoming a qualified Solicitor. She has worked extremely hard to complete both the qualifications and training required and we are delighted to have her as part of the team here at Blackhurst Budd.”

Coronavirus Update

In view of the current Coronavirus pandemic and related Government restrictions we are only able to offer a limited service across all departments for essential work. Our reception remains open to take phone calls only.
 
If your enquiry is urgent please call 01253 629300 or email info@blackhurstbudd.co.uk
 
Please click on the link below to see the Government’s advice on moving home during this crisis as at the 26th March 2020.
 
https://www.gov.uk/guidance/government-advice-on-home-moving-during-the-coronavirus-covid-19-outbreak

IMPORTANT NOTICE

Following UK Government guidance all of our staff are now working remotely and there will be no access to our offices for the general public.

Wherever possible, please send communications and documentation to us electronically but do not send bank details or other sensitive information by email.

The vast majority of legal services can still be dealt with remotely including:

• Wills, Lasting Powers of Attorney and Probate

• Residential and commercial property – though completion dates will be affected

• Family matters

• Employment law advice

Our telephone lines have been redirected and we are still available on 01253 629300 or email info@blackhurstbudd.co.uk

Co-parenting And The Coronavirus

Sharon Emslie, Head of Family Law at Blackhurst Budd Solicitors answers questions relating to the Coronavirus outbreak and co-parenting.

How do I co-parent whilst keeping my children safe during Covid 19?

Child Arrangement Orders made by the Family Court or agreements reached directly between parents or in mediation will generally deal with arrangements during school term and for school holidays.  However, the Covid 19 outbreak has plunged parents into unfamiliar and worrying times, with parents being forced to find the right balance between ensuring their children maintain healthy relationships with separated parents, but also stay safe.

How will school closures impact on child arrangements?

School closures are not school holidays and therefore any agreed holiday arrangements will not apply.  Parents will need to decide together how the children will be cared for whilst they cannot attend school.  Structure and routine are essential for children, particularly whilst they may be worried or confused about the impact of Covid 19. It may be that parents will decide to keep in place term time contact arrangements as far as possible.  One or both parents may still need to work during the school closure period.  Flexibility, compromise and communication will be key.

What if my child needs to Self-Isolate?

A child may need to self-isolate if they fall into the category of being a vulnerable person or they have Covid 19 symptoms (or another person in their home does).  A child's health must take priority in this scenario, even if this means that the children will not see the other parent for a significant period.

Indirect contact in this situation would be vital and could take the form of telephone calls, FaceTime, Skype or email - technologies which most children are familiar with and may already use to keep in touch with their separated parent.

I don’t live with my children - how will I see them if there is complete lockdown?

If the government announces complete lockdown it may be that physical contact between children and their separated parent will cease entirely for an unknown period, which will be upsetting for parents and children alike. It may be that contact between children and separated parents would be deemed to be essential contact and therefore permitted. However relationships can be maintained indirectly as set out above. The health and welfare of children must take priority.

Most parents will be able to co-parent effectively throughout this difficult period. However, there will be parents that find it difficult to co-parent under normal circumstances and Covid 19 could exacerbate an already difficult to manage situation.  As a last resort an application for intervention by the Family Court can be made.

For further help and advice please call 01253 629300 or email info@blackhurstbudd.co.uk

Blackhurst Budd: Open For Business

These are challenging times, but we would like to assure you that Blackhurst Budd Solicitors remains open for business and we are taking every precaution to ensure we are able to continue serving our clients whilst protecting the health of our staff.

We are conforming to the latest government advice and implementing our own business continuity plan which includes:

• Stopping non-essential face to face meetings and conducting other appointments by phone.

• Using software that allows clients to sign documents electronically where possible.

• Disinfecting the meeting rooms and common areas after each client meeting.

• Giving all staff remote access so that everyone can work from home as if they are in the office including telephone access.

For further information please call 01253 629300 or email info@blackhurstbudd.co.uk

Blackpool Solicitors are a STEP ahead

Blackhurst Budd Solicitors are delighted to announce that Chartered Legal Executive Suzanne Leonard has qualified as a full member of STEP (Society of Trust and Estate Practitioners).

STEP is the global professional association for those who specialise in family inheritance and succession planning. Members of STEP are highly trained and experienced in this complex area of law.

Suzanne commented “I am thrilled to have achieved TEP status and be a full member of STEP. Over the last three years I have researched and written papers on the Elderly Client/Mental Capacity, Trusts, Proprietary Estoppel and Fraudulent Calumny. All very challenging but ultimately it has been very rewarding because of the insight I have gained in these areas. The standards with STEP are extremely high - each subject was rigorously researched. It is hoped that I shall be able to put the cases I have studied into practice!”

Ian Bentley, Director and Head of Private Client added:

 “Congratulations to Suzanne on achieving fantastic results in what are notoriously difficult papers, it’s a pleasure to see to her hard work pay off. As a firm we continue to invest in training for staff at all levels, building our expertise and this highlights the quality of advice we’re able to offer to clients throughout Blackpool and the Fylde.”

STEP is recognised in 96 countries and members have access to an extensive global network of specialist practitioners across a variety of professions. Members are required to maintain and develop their knowledge and skills relevant to their roles, meaning clients can receive the most up to date advice on the latest legal and regulatory developments that may affect them.

Inheritance Disputes: The use of a caveat in the grant of probate

Even though, under the principle of testamentary freedom in English law, it is open to an individual to bequeath their assets and belongings to whomever they choose, it is not uncommon for loved ones to dispute a deceased’s will.

Indeed, disputes can arise in all sorts of ways, not least where a loved one seeks to challenge the validity of a will on the basis of either improper execution, lack of mental capacity, coercion or even fraud. Disputes can also commonly arise where someone dies intestate, ie; without a will, but there are legitimate concerns about the suitability of any next of kin in administering the estate.

However, in order to prevent the deceased’s estate from being distributed prior to raising and resolving any concerns, it may be necessary to enter a ‘caveat’ to prevent the personal representatives from seeking a grant of representation.

What is a grant of representation?

A grant of representation is the legal authority given to a named individual, or individuals, required to administer a deceased’s estate. There are two types of grant, ie; a grant of probate (for the executors of a will) and letters of administration (for the deceased’s next of kin).

The grant of representation will allow the named personal representative(s) to settle any debts and liabilities, including taxes and funeral expenses. Moreover, the grant will also allow these individuals to distribute any money, property and personal possessions that belonged to the deceased, in accordance with either the terms of the will or the rules of intestacy.

What is a caveat?

A caveat is a legal means of preventing the personal representatives from obtaining a grant of representation. In this way, the executors or any next of kin will not be granted the legal authority to collect in the deceased’s assets nor, more importantly, to distribute the deceased’s estate until the matter is resolved.

How do you enter a caveat?

To enter a caveat in England and Wales, you will need to file a short application with the Probate Registry. The fee to do this is currently just £20.  Once lodged, a grant of probate cannot be issued until the caveat has been removed or expired. The caveat will only remain in place for six months, but it can be renewed.

When should a caveat be used?

A caveat should only be entered against a deceased’s estate where there is some doubt as to the validity of the deceased’s will or, alternatively, where there are issues as to the suitability or eligibility of the person(s) applying for the grant.

When should a caveat not be used?

A caveat should not be used if someone has received less than they expected under a valid will. This could include, for example, where a dependant is looking to the court to vary the distribution of the deceased’s estate where there has been inadequate financial provision otherwise made for them.

The use of a caveat in these circumstances could result in the imposition of financial penalties.

When should a caveat be lodged?

If you are looking to lodge a caveat, it is essential that you do so as soon as possible to avoid a grant of representation being obtained.

It is also recommended that you seek legal advice at the earliest possible opportunity in a bid to resolve any concerns about the validity of the will, or the suitability of the personal representatives, without recourse to legal proceedings.

For advice on contentious probate and inheritance disputes please call 01253 629300.

Legal disclaimer

The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such.

Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.