As a result of user feedback, the sale and purchase commentaries now include an appreciation of adverse possession of registered land.

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...

Two new precedents have been incorporated into the expansive Sale and Purchase of Business publication. Read more...

The Nuptial agreements publication was recently reviewed by UK author Robin Charrot of Evolve Family Law with particular focus on law and practice as it currently applies to nuptial and cohabitation agreements in England and Wales. Although there is no indication that legislation is imminent regarding binding Qualifying Nuptial Agreements as envisioned by The Law Commission, By Lawyers continues to maintain a watching brief over all UK legislation to keep users informed and our publications up to date.

The Practice Management publication is undergoing a makeover to ensure it complies with best practice and SRA regulations. Read more...

Following user feedback, a new letter has been added to the Divorce publication providing advice on judicial separation as an alternative to divorce or dissolution.

Following review, a number of precedents were improved to ensure a better user experience. These include: Initial call record, Police station attendance record, Attendance notes and Letters to the client after attending at the police station.

According to the Solicitors Regulation Authority (SRA) almost one quarter of firms do not adequately explain leasehold tenure and the associated issues. Accordingly, By Lawyers have reviewed the precedent Report on title – Leasehold in an effort to provide clients with a much clearer understanding of the implications of purchasing a leasehold estate. Plain language communications, particularly with clients, is a primary focus for By Lawyers.

The Land Registry hopes to release its digital mortgage service in public beta this year. In a recent news update, the Registry’s digital services manager Eddie Davies said that ‘the department is continuing to work with Coventry and Enact on the next phases of the service as well as also working with lenders to get their mortgage deeds approved and templates created. So far, the Registry has approved several deeds from lenders in the remortgage market including Nationwide, HSBC, RBS, NatWest and Santander. ‘Since opening the service to more lenders and conveyancers we have seen an increase in the number of digital mortgages registered showing an appetite in the market to use new technology. Some lenders have started offering online mortgage applications and our service helps to bring the industry one step closer to an end-to-end digital process.’

The National Police Chief’s Council, has issued new operational guidance for pre-charge bail and release under investigation. The guidance follows changes to pre-charge bail under the Policing and Crime Act 2017 and is in response to concerns in domestic abuse and high harm cases, including sexual offences and offences involving vulnerable people. Read more...

Interim guidance has been issued to enable an extension of the statutory 26-week deadline in guardianship proceedings. The guidance has been issued by the Family Justice Council and approved by the President of the Family Division, Sir Andrew McFarlane. Read more...

Legal Aid Regulations have been amended to exclude payments made under the Windrush Compensation Scheme as income or capital in determining the eligibility of legal aid.

Japanese knotweed has been highly problematic for sellers, buyers and lenders for many years. Its invasion can affect not only the structure of a property but also its value. Thanks to the success of specialist treatments and the availability of indemnity insurance fewer purchasers are withdrawing from sales due to its presence, and the reduction in purchase price sought has significantly reduced. It is believed that Japanese knotweed will be under control by 2040.

A residential leaseholder's right to manage is under review by the Law Commission. Submissions closed 30 April 2019 and the outcome is now awaited.

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