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101 Succession Answers
13 September 2021
1 min read

101 Succession Answers

We are delighted to release the first in our 101 Reference Series - a comprehensive reference guide dealing with: estates - probate and administration; powers of attorney; and wills; This is a must-have, easy-reference resource for all firms, providing detailed information in a quickly accessible and searchable format. Tricky questions can be answered quickly using the guide’s alphabetical headings and plain English format. The content can be cut and pasted into letters or emails to clients either in response to an initial enquiry or during the course of a matter. If you would like everyone in your firm to be able to readily answer questions such as the ones below, then the firm will definitely benefit from 101 Succession Answers! What happens if the sole executor dies? How far does the personal liability of an executor extend? Can a solicitor take a benefit under a will that the solicitor has witnessed? What happens if the attorney acting under a power of attorney becomes bankrupt? Under what circumstances might a grant of probate be revoked?
Estate Administration Wills and Lifetime Planning
New Financial Remedy Documents
12 August 2021
1 min read

New Financial Remedy Documents

n response to a user request, we have compiled four example content documents covering the four most common concise financial remedy orders: Concise clean break order with one joint account to close and one property to be sold; Concise clean break order with a lump sum payment, one pension to be shared and one property to be transferred; Concise order with spousal maintenance, one pension to be shared and one property to be transferred; and Concise Mesher order for deferred sale. These can be found in the Financial Remedy guide, within the C. Settling it early folder. They are alongside a Template Financial remedy order into which the example content can be copied and pasted. The paragraphs in the Clauses for a Financial remedy order (The Orders Project - Financial Remedy Omnibus) can be used to supplement the new concise orders to cater for more complex situations. We have also produced a Deed of assignment to secure legal costs - Sears Tooth Agreement also in response to a user request. This can be found in the Getting the matter underway folder.
Family Law
Criminal Law Guide Enhancements
02 July 2021
1 min read

Criminal Law Guide Enhancements

The By Lawyers Criminal Law Guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. The extensive review takes a practical approach, drawing on our considerable experience to cover all aspects of procedure, with a focus on practical tips that will help practitioners to run a criminal matter to completion confidently. Commentary and new precedents dealing with the following areas have been included: The victim surcharge and Cuthbertson, R. v [2020] EWCA Crim 1883; The professional users access scheme; Family proceedings disclosure; The effects of the Criminal Procedure Amendment Rules 2021; Cautions, community resolutions and triage; and Perjury. We invite you to explore this updated publication and to consider the wealth of assistance the Criminal Law Guide offers.
Criminal and Motoring Offences
Commercial Property Leases
16 June 2021
1 min read

Commercial Property Leases

Following user feedback we have published two new drafted commercial leases which are available on the Commercial Lease - Acting for Landlord matter plan. In addition to the Law Society standard leases, we now have a new commercial lease drafted in By Lawyers plain English style. The Commercial lease - Optimised presentation is formatted to present matter-specific information in the initial pages of the document, with the boiler-plate clauses which need no amendment in the following pages. A new Commercial lease - Standard presentation is also available. The commentary has also been updated with a discussion of the reasons why the optimised style is more useful for clients and practitioners - not least because all the amendments take place within the first few pages of the lease. Both styles contain all the lease considerations that are usually required. We also have increased the number of optional clauses available to insert into these leases where relevant including: Landlord’s conditions of consent to underletting clause Landlord’s conditions of consent to assignment clause Landlord's break clause Tenant's break clause Parking space clause We invite you to explore these new documents. Comments and feedback are always welcomed.
Conveyancing and Property
Post-Death Deeds Of Variation
04 June 2021
1 min read

Post-Death Deeds Of Variation

To assist practitioners working in estate administration, the Probate and Letters of Administration guides have been enhanced with commentary covering variation of testamentary and intestate dispositions and the effect that they may have on the estate’s tax position. In addition, 11 new post-death deed of variation precedents have been published which cover the most common requirements. We invite you to explore these updated publications. Comments and feedback are always welcomed.
Estate Administration
New Letters Of Administration Guide
03 June 2021
1 min read

New Letters Of Administration Guide

We are very pleased to announce the release of a Letters of Administration guide. The guide covers all aspects of practice and procedure when acting in the administration of an estate where there is no will, or there is a partial intestacy. The guide assists practitioners with all aspects of the estate administration from applying for a grant through to distribution. The commentary is practical and easy to understand and is supported by numerous helpful precedents. Key content includes law and procedure relating to the intestacy rules and the impact that they have on the distribution of the estate to creditors, claimants and beneficiaries. A number of new precedents have been published, including: 6 examples for the content of an administrator’s statement of truth; A full suite of letters to administrators, beneficiaries and third parties; and A very useful precedent Estate Summary Pack. The Letters of Administration guide is an invaluable resource for all practitioners who deal with estate administration, including those with limited experience in this area or those supervising junior lawyers.
Estate Administration
Enhancing The Conveyancing Guides
26 May 2021
1 min read

Enhancing The Conveyancing Guides

The By Lawyers Sale of Land and Purchase of Land guides have been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. The extensive review takes a practical approach, drawing on our considerable experience to cover all aspects of procedure with a focus on practical tips that will help practitioners confidently run a sale matter to completion. Commentary has been included covering the village green cases of Oxfordshire County Council v Oxford City Council & Ors (2005) and others [2006] UKHL 25 and TW Logistics Ltd v Essex County Council & Anor [2021] UKSC 4, the recent adverse possession case of Amirtharaja & Anor v White & Ano [2021] EWHC 330 (Ch) and the recent vacant possession case of Capitol Park Leeds Plc v Global Radio Services Ltd [2020] EWHC 2750 (Ch). Commentary regarding conditional auctions, sometimes called the ‘modern method’, has been included and the section regarding high rise cladding has been expanded to include the guidance from the Royal Chartered Institute of Surveyors. Guidance on the requirements for a septic tank permit has also been included. A new precedent letter has been included in the Sale of Land guide for use when requesting a contribution from the Land Registry for indemnity insurance to cover a defect in the title which they have created. We invite you to explore this updated publication and to consider the wealth of assistance the updated Sale of Land and Purchase of Land guides offer. Comments and feedback are always welcomed.
Conveyancing and Property
Library Of Precedents For Small Business Clients
10 May 2021
1 min read

Library Of Precedents For Small Business Clients

A folder of new precedents for clients who are commencing or operating small businesses has been added to the Purchase of Business, Companies and Partnerships guides. The new library of precedents provides a suite of documents which practitioners can provide to their clients who own and operate small businesses, to assist them with the day-to-day running. These documents can be provided to clients both when they are setting up or purchasing a new business and when required for existing businesses. The documents are general in nature so they can be customised and amended as required for the needs of different clients. The precedents are designed to apply across various sectors, whether traditional storefront retail or online and whether supplying products or services. These new precedents are: Agreement for supply of goods and services Credit application Data protection policy for a business Dispatch and delivery policy Director guarantee Liability waiver and consent Returns and refunds policy Example tax invoice Terms of trade Website terms of use for advertising and booking personal services Website terms of use for downloadable online products Website terms of use for physical products The new If required - Library of precedents for small business clients folder is located in: Purchase of Business matter plan - in folder H. Mid-transaction Companies matter plan – in folder B. Setting up a company Partnerships matter plan – in folder D. General business This practical material was added to these existing By Lawyers publications in response to requests and suggestions from By Lawyers users. The precedents provide practitioners with additional tools so they can better assist their clients with all aspects of their business. We invite you to explore these new precedents. Comments and feedback are always welcomed.
Business and Franchise
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