The By Lawyers Practice Management publication has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. Read more...

The period of enforced suspended animation brought about by the pandemic is coming to an end and for the majority there is a sigh of relief and a strong desire to return to normality. However, having been enveloped in a state-controlled protective cocoon for months, the reality is that the Piper’s very large bill now needs be paid and the wake-up call is going to be harsh. Read more...

The Estates commentary has been enhanced to include discussion of recent case law pertaining to the forfeiture rule and a helpful section on locating a will.

The Commercial Lease guide has been enhanced with the inclusion of two new precedent documents to assist practitioners: Authorised guarantee agreement and Licence to assign. These can be found in the folder D. If Required – Sublease, assignment, variation and surrender.

The Estates commentary has been updated to reflect operational changes brought in by HM Revenue & Customs and the Probate Registry. HM Revenue & Customs will no longer print and stamp the inheritance tax Probate Summary, form IHT421, and return it to customers. Instead, they will email the IHT421 directly to the HM Courts & Tribunals Service. They will let the agent or taxpayer know when they have done this either by writing, or by adding a note to the IHT calculation. HM Revenue & Customs will no longer be accepting cheque payments for IHT, or making IHT repayments by cheque. They have started to update various IHT forms to include space to add bank details. To date, the provision to add bank details has been added to the Claim for Relief – Loss on Sale of Shares, form IHT35, and Inheritance Tax Account, form IHT100. Practitioners should make sure that they are using the latest versions of all forms. Probate applications should be sent to the Oxford and Newcastle district registries only, and not Cardiff or Harlow. The Estates commentary provides practical guidance for all those running probate files.

A new publication relating to the law and practice of debt recovery matters has been published. This comprehensive and easy to follow publication provides commentary and precedents for the conduct of debt recovery matters, both before and during court proceedings, when acting for a claimant or defendant. It includes: Commentary discussion of: the pre-action protocol and practice direction; alternative dispute resolution and offers to settle; issuing proceedings and responding to them; default and summary judgment; case management, disclosure and trials. Precedents for: conditional fee agreements; letters of demand; particulars of claim; settlement agreements; defence and counterclaims; chronology, case summary and trial bundles. Also letters to clients explain the process and protocols, and standard letters to other parties give practitioners all the focused and practical guidance they need. We invite you to explore our new Debt Recovery publication and consider the wealth of assistance it offers.

The By Lawyers Sale and Purchase of Business guides have been reviewed and updated to ensure that the commentaries and precedents are in line with current law and conveyancing practice. As with all our guides, they take a practical approach, drawing on our authors’ considerable experience to cover all aspects of procedure, with a focus on practical tips that will help solicitors and conveyancers confidently run a sale or business purchase matter to completion. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for solicitors and conveyancers acting in the sale or purchase of a business.

From 20 April 2020 existing statements of truth for estates will be replaced by the new grant of representation application forms. Old-style Statements of Truth received after that date will be rejected by the Probate Registries and practitioners asked to submit the appropriate new form instead. The implementation of the new forms is part of HM Courts & Tribunals Service’s drive to streamline its systems thereby enabling bulk scanning. This in turn is expected to reduce errors and speed up their processes. The new forms which may be found on the matter plan are: PA1A – Probate application – without a will PA1P – Probate application – with a will PA8A – Application to stop, or extend a stop on a grant of representation (Caveat)

The By Lawyers Estates Guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and conveyancing practice. The extensive review was performed by our author Marcella King. As with all our authors, Marcella takes a practical approach, drawing on her considerable experience to cover all aspects of procedure, with a focus on practical tips that will help solicitors and conveyancers confidently run a probate matter. The commentary has been expanded, and a new To Do List has been included. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for solicitors and conveyancers acting in the administration of an estate.

By Lawyers have released a Working from Home Policy for adoption or amendment by firms. The new policy outlines consideration of a general nature as well as discussing security and confidentiality, insurance, working hours and so on. This new policy may be found in the Practice Management guide – Library of firm policies.

The By Lawyers Purchase of Land Guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and conveyancing practice. The extensive review was performed by our author Marcella King. As with all our authors, Marcella takes a practical approach, drawing on her considerable experience to cover all aspects of procedure, with a focus on practical tips that will help solicitors and conveyancers confidently run a purchase matter to completion. The commentary has been expanded: Undertakings are explained in more detail. The unregistered land section has been improved. Adverse possession claims and procedures are discussed in greater detail. A new section on finance and funding draws together all the financial aspects of the transaction, including mortgages, taxes and help to buy funding. Issues surrounding short term lets, for example Airbnb, are discussed. The section about pre-exchange searches has been expanded. The process by which contracts are exchanged has been amplified, including a worked example of using Formula C. Post-completion tasks are discussed in greater detail. The retainer instructions have been updated. The to do list has been updated. The summary of the conveyancing process has been updated. The matter plan now includes new precedents: New and amended possible enquiries, including a set specifically for new build properties. A letter sending the help to buy ISA declaration to clients, and a link to the declaration itself. An access undertaking for use when buyers would like access to the property between exchange and completion. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for solicitors and conveyancers acting in residential purchase matters.

The By Lawyers Mortgages Guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and conveyancing practice. Read more...

To assist practitioners when making an emergency application for a limited grant to preserve assets in estates, By Lawyers have drafted a precedent Example Content - Statement of Truth - Ad Colligenda Bona - Limited Grant. Read more...

With the threat and uncertainty surrounding the coronavirus many practitioners will be asked to prepare documents that assist clients to manage their affairs should the need arise. By Lawyers commentary and precedents for Wills, Powers of Attorney and Advance Decisions (Living Wills) are available online to assist practitioners in responding to these requests. Read more...

A new precedent Deed of Substituted Security has been added to the By Lawyers Mortgages Guide. This precedent can be adapted to suit most circumstances where a lender hasn’t supplied their own. This precedent can be found in folder G. If required - Discharge, assignment and variation.