The Wills commentary has been enhanced to include detailed discussion of the processes involved in the witnessing of a will using video-link. Precedents for client instructions, a practitioner’s checklist and an attendance note have been created, as well as example wording for a will attestation clause. We invite you to explore this updated publication. Comments and feedback are always welcomed

Discussion of trust of land claims has been added to the Financial Remedy guide, enabling family law practitioners to gain an appreciation of the case law and process in this area. Covering an overview of trust law, a number of key cases and practical points to consider when dealing with disputes and making applications to court, this section of the guide will help practitioners when encountering this complex area. More informaiton is also available in the Freehold Property Disputes guide.

The Powers of Attorney and Advance Decisions publication has been reviewed and updated in accordance with the Office of the Public Guardian’s new digital service, known as Use a Lasting Power of Attorney. Read more...

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.

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 Welsh Government has temporarily increased the nil rate band of land transaction tax for residential property transactions in Wales, increasing the nil rate from £180,000 to £250,000 for main residential purchases. The temporary rates apply for main residential purchases between 27 July 2020 and 31 March 2021, but do not apply to purchases of second homes or buy-to-let properties.

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.

As we hurtle down the tracks towards commonhold, it is predicted that draft legislation will be laid before parliament mid to late 2021, with the biggest swathe of leasehold reform since 1925. However, when we finally arrive at our destination, the swathe may not be as big, or as revolutionary, as we would hope. Read more...

As commentators are suggesting that wills signed during the coronavirus pandemic may be more open to challenges, a new Will Execution Attendance Note precedent has been added to the Wills matter plan to assist with Larke v Nugus requests. The attendance note when coupled with the retainer instructions prompts practitioners to consider and briefly note the situation surrounding the taking of instructions and the execution of the will. These documents, readily completed at the time, will assist practitioners should a request for information ever arise in the future. The opportunity has also been taken to add a precedent To Do List – Wills to the guide in order to assist practitioners with file management.

The By Lawyers Private Child Arrangements guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. The extensive review took a practical approach to cover all aspects of procedure, with a focus on practical tips that will help solicitors and conveyancers confidently run a private children matter. The commentary covering witnesses has been expanded. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for solicitors and practitioners.

Our Financial Remedy Guide underwent a recent review with considerable commentary enhancements to include greater practical detail on topics such as financial dispute resolution appointments, costs and clean break lump sums. The Retainer Instructions – Financial Remedy, which is a useful risk management tool, was also further developed to include sections for clients to consider their financial position in order to assist in the completion of a Form E Financial Statement. This is an excellent publication providing practical and useful information for practitioners when conducting a Financial Remedy matter.

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 Law Society, Council of Licensed Conveyancers, Chartered Institute of Legal Executives, Bold Legal Group and the Conveyancing Association, with the support of Government departments and the Land Registry have jointly drafted a Variation Agreement, for use where an exchange of contracts has already taken place on a conveyancing transaction, and a practitioner considers that it is necessary to vary its terms due to the impact of the coronavirus. The Variation Agreement and guidance regarding its use are available in both the sale and purchase guides, in the sections relating to Deterioration, Disputes and Notices. Keep up-to-date with our latest COVID-19 News & Updates.

In line with advice from the Conveyancing Association, By Lawyers have amended our precedent post-completion notices to include a section relating to Land Registry certificates. These edits will allow practitioners to obtain the necessary consents more efficiently and cost-effectively. The notices can be found in the Purchase of Land Guide. In order to access the latest version of these precedents, don’t forget to click or tap update and replace the existing precedent when the document is opened.