The By Lawyers unique writing style and strong commitment to plain language drafting benefit practitioners. Read more…

To assist practitioners acting in trusts matters, a new precedent Trust Deed Review Checklist has been added to the matter plan in the By Lawyers Trusts publication. Read more...

Practitioners now benefit from a section of the Looking to the Future commentary that has a breakdown of the relevant pledges from the manifesto documents of the main political parties. Read more…

A new guide, Electronic Signing and Witnessing, has been added to the Reference Materials folder in all By Lawyers matter plans. Read more…

Court of Protection applications have been given their own guide containing commentary on making an application, deprivation of liberty, managing and terminating a deputyship. The matter plan contains all the letters and forms necessary for this work.

We are delighted to release the first in our 101 Reference Series - a comprehensive reference guide dealing with: estates - probate and administration; powers of attorney; and wills; This is a must-have, easy-reference resource for all firms, providing detailed information in a quickly accessible and searchable format. Tricky questions can be answered quickly using the guide’s alphabetical headings and plain English format. The content can be cut and pasted into letters or emails to clients either in response to an initial enquiry or during the course of a matter. If you would like everyone in your firm to be able to readily answer questions such as the ones below, then the firm will definitely benefit from 101 Succession Answers! What happens if the sole executor dies? How far does the personal liability of an executor extend? Can a solicitor take a benefit under a will that the solicitor has witnessed? What happens if the attorney acting under a power of attorney becomes bankrupt? Under what circumstances might a grant of probate be revoked?

Following a request from a user, a new clause, Immediate post death interest in property, has been added to the Wills matter plan, in the Library of clauses contained in the C. The Will folder. The new clause allows for the grant of an immediate post death interest in a property to a partner, whether they are unmarried, married, in a civil partnership. An option for the interest to revert to children on either the death of the partner or their marriage or cohabitation has also been included. Comments and feedback are always welcomed, particularly if other clauses would be useful.

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.

Legislation has now come into force permitting wills to be executed and witnessed using video-link facilities. The legislation has retrospective effect, meaning that any wills executed using video-conferencing since 21 January 2020 will be valid if the correct process was followed. The Wills commentary includes 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.

A chapter has been added to the Powers of Attorney and Advance Decisions guide which deals with applications to the Court of Protection for deputyship orders. Commentary has been included on capacity issues, the application process and the role of a deputy. The matter plan includes all the necessary letters and forms to obtain an order, including those required for notifying the person involved and third parties. The Retainer Instructions and To Do List for these specific matters will ensure that thorough instructions are taken and the required timescales are met. We invite you to explore this updated publication. Comments and feedback are always welcomed.

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

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...

Legislation coming into force will permit wills to be executed and witnessed using video-link facilities. Whilst the legislation is not yet in force, it is anticipated that it will have retrospective effect, meaning that wills executed using video-conferencing since 21 January 2020 will be valid if the correct process was followed. 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.

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.