As we move further into the ‘Firebreak’ imposed by the Welsh Assembly Government, we want to reassure everybody that it is very much ‘business as usual’ at Ungoed-Thomas & King – as much as it possibly can be in these strange times.

We have for the last two months split our team into two shifts – one in the morning and another in the afternoon – the purpose being that if a member of staff tests positive for COVID19 in one team, the other team is still able to come into the office and deal with matters ongoing.

During this Firebreak period, we are trying to deal with clients and third parties via the telephone and e-mail wherever possible. However, where there is a need for clients to visit the office this is done on an appointment only basis and clients are asked not to attend the appointment if they are unwell. Government social distancing measures are followed and the appointment rooms are cleaned thoroughly after each appointment.

We thank everyone for their continued support over these last few months and as we move forward and hope that everyone continues to stay safe.

We are now closed for the Bank Holiday weekend and will reopen at 9am on Wednesday 20th May 2020.

We hope that everyone is staying safe!!

 Following on from the Prime Minister’s announcement last night, we intend to run a skeleton service within the office to ensure that we can deal with urgent Will requests, comply with Court Dates and Property Completions. We will ensure that any staff who do come into the office will practice safe Social Distance measures.

Other staff will be working from home to ensure that we keep matters progressing as best we can. As the safety of our staff and clients is paramount, we would ask that clients do not attend our office premises but instead e-mail us on mail@utk.co.uk or you can telephone us and we have diversions in place to ensure that calls are answered.

Our telephone number is 01267 237441 – press 1 for Property Department, 2 for Wills and Probate Department, 3 for Family Department and 4 for Admin/Accounts. You can also e-mail Fee Earners on their direct dial numbers which you will find under their signature on correspondence.

Thank you for your support and understanding at this difficult time.

We have just received notification that our reaccreditation application in respect of the Law Society’s Conveyancing Quality Scheme (CQS) – the mark of excellence for the home buying process – has been successful for another 12 months.

The re-accreditation process is a way of assuring residential home buyers and sellers and banks and insurers, that we have the skill and expertise to provide quality residential conveyancing advice.

We are proud to still be the only Law Practice in Carmarthenshire to have achieved CQS, WIQS – which is a mark of excellence in dealing with Wills and Probate matters and Lexcel – the Law Society’s Practice Management standard.

For more information on the Law Society’s Conveyancing Quality Scheme, please visit www.lawsociety.org.uk/cqs or if you would like to speak to one of our experienced Solicitors about any aspect of the house buying or selling process, then please contact us on (01267) 237441.

We are often asked whether some who is in the early stages of dementia or of mental decline of some other kind, is able to make a Will.

In order to make a valid Will, a person must satisfy a legal test of capacity:-

1. does the person making the Will understand what they are doing and also its effect?

2. do they understand the approximate extent of their assets and therefore what they can give away under their Will?

3. do they have an awareness of who may have claims on their assets?

4. and these understandings must not be impaired by any disorder of the mind or delusions.

The effect of this is that confusion of the mind, or a condition such as dementia which affects the ability of a person’s mind to satisfy the test referred to above, can mean that someone is unable in legal terms to make a Will.  The only way around this is to apply through the Court of Protection for a statutory Will to be made on their behalf, which is a costly and lengthy procedure, requiring careful handling.

With this in mind, it is important that they should make a Will before it is too late.  In a situation of this nature where someone is in the early stages of dementia, we would generally recommend that the Will is witnessed by a specialist psychiatrist or the like, who would also produce a report on the person’s capacity, so as to help to prevent any challenge to the Will in the future on grounds of mental incapacity.

If a person makes a Will when they are entirely lucid but they then later lose their mental faculties, the Will is not invalidated and, in some circumstances, where a person has the necessary mental ability to give instructions for the Will but they then lose that ability before they sign it, the law will uphold the Will.

This all underlines the importance that everyone should make a Will while they are fully able to do so, rather than leaving it too late. If a person’s situation is borderline, it is very important that a specialist Will-maker is involved, who understands the issues and how to deal with them correctly.  We are accredited members of the Law Society’s Wills and Inheritance Quality Scheme and have an experienced and professional Team of Solicitors who specialise in this area – for further advice please contact us on (01267) 237441 – Option 2.