The Probate and Wills Commentaries have been updated to reflect the increase to the statutory legacy payable to a spouse on intestacy. From 6 February 2020 the legacy is £270,000.

Off-payroll legislative reform comes into force 6 April 2021 for medium to large businesses. For further details see the Contracts for employment section in our Employment Law – Non-contentious commentary.

The Powers of Attorney and Advance Decisions guide has been enhanced with a fuller discussion of lasting powers of attorney including the roles and responsibilities of certificate providers and the process involved with objecting to registration. Commentary on enduring powers of attorney has been expanded with discussion of the registration and objection processes.

In response to a subscriber request, By Lawyers have published a New Build Contract for Sale. We would welcome any feedback subscribers might have.

As users will be aware, this folder of vital precedents is present in every guide and always located in the ‘Getting the matter underway’ folder. There has now been a full review of the accompanying commentary, with guidance added around privity, ‘force majeure’ clauses and electronic execution. The precedent documents have been reviewed and updated to ensure that each one is uniformly formatted and easy to read, use, amend and customise to a particular client and situation. A new standard clause excluding the rights of third parties has been included in the Standard clauses for deeds and agreements folder and a standard statutory declaration of solvency is now available in the Statements and declarations folder of the matter plan. General precedents for an affidavit and exhibits prepared outside court proceedings are also now included in this folder, as well as gathering together the general civil and family matter witness statement precedents that are already included in other publications. New deeds for change of name have been added in a folder of their own, Change of name, with subfolders to assist in the event that adults or minors wish to enrol their change of name deeds at the Supreme Court. The full list of new precedents is therefore: Third parties clause; Affidavit – General; Exhibit sheet for affidavits – General; Witness statement – Family matters; Exhibit sheet to witness statement – Family matters; Witness statement – Civil matters; Exhibit sheet to witness statement – Civil matters; Statutory declaration of solvency; Change of name deed for an adult – Concise; Change of name deed for a minor – Concise; Change of name deed for an adult - For enrolment; Statutory declaration – Enrolment of adult change of name deed; Notice for the London Gazette on the change of name of an adult; Consent to enrolment of change of name of an adult; Change of name deed for a minor – For enrolment; Statutory declaration – Enrolment of minor change of name deed; Affidavit of best interest for the change of name of a minor; Consent to enrolment of change of name of a minor. We invite you to explore this updated publication. Comments and feedback are always welcomed.

The Court of Appeal ruled that Kristie Higgs' dismissal from Farmor's School for critical Facebook posts on LGBTQ+ lessons was unlawfully discriminatory and disproportionate.

Several practitioners have been in touch about their preference for using the STEP provisions when drafting wills. In order to assist those practitioners By Lawyers have drafted three new precedents. Read more...

The Motoring offences commentary has been updated to include guidance on various types of unusual motor vehicles, including e-scooters. Comments and feedback are always welcomed.

A folder containing ALL of the By Lawyers Retainer Instructions precedents has been added to the Practice Management guide. One of the most important tasks when acting in all areas of law is taking the initial instructions. At the commencement of the engagement with the client it is crucial to take accurate, comprehensive instructions covering every necessary aspect of the matter, so the scope of the retainer can be agreed, the issues identified and understood and the client properly advised. Every By Lawyers matter plan has these Retainer Instructions precedents, drafted and refined by experienced practitioners to make this critical process as efficient as possible. They assist practitioners to obtain all relevant information up-front. To make it easier to access these key precedents, especially when seeing new clients where a file has not yet been opened, all 28 of them are now available from a dedicated Library of retainer instructions in the By Lawyers Practice Management guide, under Folder A: The Practice. The availability of these precedents all together in one guide makes it very easy to save or print the relevant Retainer Instructions for any matter type to use in the initial conference with a client even before a dedicated client file is opened. As always, comments and feedback are welcomed.

A co-ownership deed has been added to the Purchase of Land guide, setting out the arrangements between tenants in common. Read more...

All probate applications must be made online from 2 November 2020, with a few permitted exceptions for complex applications. The Estates commentary has been updated to reflect this change, and to provide a list of the exceptions for which a postal application may be made.

By Lawyers have published an article with a summary of the options for signing documents when meetings are not possible. Practitioners may find this useful due to the government ‘lockdown’ measures during the COVID-19 pandemic. The article can be found here.

When is payment not payment – has Oakwood Solicitors Ltd v Menzies [2024] UKSC 34 changed the costs landscape? The long-running dispute between a personal injury claimant and his solicitor’s firm has finally ended up in the Supreme Court, with a recent decision hinging on the meaning of the word payment. Read more...

A valid Energy Performance Certificate must be provided in order to market a property. The Purchase of Property and Sale of Property commentaries have been updated to provide information about where Energy Performance Certificates and reports are centrally registered including details of the new location for the Energy Performance of Buildings Register. These certificates can be downloaded for free by anybody. We invite you to explore these updated publications and welcome Comments & Suggestions as always.

By Lawyers has published a new publication: Trusts. With a comprehensive commentary and precedents, the Trusts publication deals with establishing a new trust, amending an existing trust, and bringing a trust to an end through vesting or termination. Read more...