Both the Wills and Probate publications have been augmented with a treatise on challenging the validity of a will. This includes an appreciation of The Non-Contentious Probate Rules 1987 which apply where there is no challenge or question as to the validity of a will. Read more...

Many quality schemes, including LEAP’s own ‘Best Practice Scheme’, require firms to obtain feedback from clients. We recognise that this is often dealt with by way of a survey platform and there is space in the Firm Details table for a feedback weblink to be listed. This link now drops into the By Lawyers letters to clients finalising matters, if the firm has the link set up.

The By Lawyers commentary has been updated to include details of the Pathfinder pilot, a groundbreaking approach in the Family Court aimed at improving outcomes for children and families. Read more...

The Leasehold and Freehold Reform Act 2024 has become law. Lauded as one of the most significant reforms to the leasehold system for a generation, the Act will increase the rights of approximately 5 million leaseholders in England and Wales. Read more...

Following feedback, we have added a declaration for those giving a gift towards the purchase of a property. This declaration is requested by many lenders, and we have incorporated the various different requirements into one single, simple, document. A covering letter is also now included. Read more...

The Law Society has taken an uncharacteristically proactive step by issuing guidance to its members on advising their clients on the risks of climate change. Read more...

By Lawyers has added a new document called ‘Enclosure – General advice to buyers’ to the ‘Getting the matter underway’ folder of the Purchase of Land Guide. This enclosure gives clients a basic overview of the various issues that may arise during the purchase transaction and will be useful for practitioners in explaining some of the conveyancing terms and concepts.

In response to subscriber feedback By Lawyers has enhanced content relating to staff training and continuing competence requirements. Additional guidance on the topic has been added to the Practice Management commentary and a new precedent ‘Training and development schedule’ provided. This precedent will help subscribers plan, review and record continuing competence activities as required by The Law Society and SRA.

The decision that confirmed courts cannot disregard unchallenged expert evidence unless there are valid and clearly articulated reasons. Read more...

The Powers of attorney, advance decisions and court of protection commentary has been enhanced covering the creation and registration of lasting powers of attorney in greater detail. We have added discussion of the finer points of how and when the documents should be signed, as well as giving more information about using the online portal. We invite you to explore this updated publication. Comments and feedback are always welcomed.

There is a newly added section in our commentaries, offering a streamlined summary of the key steps legal practitioners follow throughout the legal process. Read more…

Part of our series of common legal questions and their answers, we look at the difference between holding a deposit as stakeholder or agent for the seller, and holding to order on the sale of land. Read more...

Part of our series of common legal questions and their answers, we look at trusts. Read more...

With every new costs management practice direction comes a new spreadsheet and the 122nd Practice Direction update was no different. According to the revised Practice Direction 3E, Precedent T should be used from the 1st October to advise the court and other parties about variations in the costs budget during claims. Oppressive behaviour is also mentioned in the new practice direction and parties who believe that they are being pressured into spending money unnecessarily can apply to the court for relief. The By Lawyers Debt Recovery publications have been updated accordingly and Precedent T is available in the matter plan. The opportunity was taken to enhance the commentaries with recent case law discussions regarding: Security for costs applications relating to the economic consequences of COVID19. Reasonable adjustments which allowed a vulnerable witness to provide evidence. Choice of expert to provide evidence. The costs consequences of withdrawing a Part 36 Offer. The admissibility of ‘without prejudice’ material in limited circumstances. We invite you to explore the updated Debt Recovery – Acting for Claimant and Debt Recovery – Acting for Defendant publications. Comments and feedback are always welcomed.

At By Lawyers, we believe that matters are more than checklists and simply ticking boxes doesn’t get the job done. But there are times when an easy way to see where the file is up to, allowing others in the office to quickly pick up the threads, is essential. Our To do lists help to manage risk, guide the unfamiliar, and ensure nothing is missed. We have recently carried out a full and thorough review of the To do lists to provide consistency of language and format. This makes them easier to read, easier to complete and easier to keep updated. If you have any comments or suggestions about the changes, do please let us know.