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Conveyancing Quality Scheme

September 29, 2017/0 Comments/in Uncategorized /by (suspended) UTK_Up289

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 is trusted by banks and insurers. All Law Society Conveyancing Quality Scheme firms go through rigorous examination and testing to demonstrate that they have attained a high level of knowledge, skills, experience and practice.

For more information on the Law Society’s Conveyancing Quality Scheme, please visit http://www.lawsociety.org.uk/for-the-public/using-a-solicitor/quality-marks/conveyancing/

We are proud to 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.

 

 

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Division of Assets in Divorce – what do the Courts look at?

September 22, 2017/0 Comments/in Uncategorized /by (suspended) UTK_Up289

In the event that you and your spouse are unable to agree on the way in which your marital assets should be split upon divorce, it might be necessary for the family court to intervene.

The outcome of such cases is often uncertain. This is mainly due to the fact that the law allows the Court a wide discretion when deciding such matters.

Judges are largely guided by a number of principles enshrined in legislation and previous cases.

If your family unit involves dependent children, the court MUST give them first consideration when considering how best to deal with the assets. This often results in a situation where the parent who has the main responsibility for caring for the children will retain the family home. Alternatively, they may be awarded a larger share of the asset ‘pot’ so that the children can be accommodated post-separation.

The court will always look to divide the assets fairly between you but this does not necessarily mean an equal split. Each of your current and future needs will be carefully scrutinised. e.g. if one party suffers from ill health which will impact on their future earning capacity, the court might decide to accommodate that person’s needs which may well result in an unequal division.

That said, once full consideration has been given to the individual circumstances of your case, the court will aim to divide the marital assets equally, if at all possible.

Section 25 of the Matrimonial Causes Act 1973 provides a short list of factors that the court may take into account when considering your case. These apply to both you and your spouse and include:

1) your income(s), earning capacity and possible future foreseeable financial resources
2) your financial needs, obligations and responsibilities
3) the standard of living enjoyed by your family before separation
4) your age(s) and the length of your marriage
5) any physical or mental disabilities
6) contributions you have made or are likely to make in the foreseeable future towards the welfare of the family
7) your financial conduct such as a gambling habit or excessive spending.

This is not by any means an exclusive list, and the factors are not listed in any number of priority. The Family Court is able to exercise its discretion when giving weight to each consideration and indeed can chose to disregard some factors entirely. The key element that the Court will have in mind when reaching a decision about your case is fairness. The Judge will need to be satisfied that, having had regard to all the circumstances of your case, the Order they make in relation to your finances is a fair one.

Individuals are often dissatisfied with the outcome of their case if matters proceed to a final hearing and the Judge is left with sole discretion as to how your assets are to be split.

It is therefore in all parties interests to try and agree on how the marital assets are best divided. The alternative involves a large element of uncertainty which inevitably comes at a financial and often emotional cost!

For tailored advice regarding your specific circumstances, please contact our family solicitor, Nia Thomas on 01267 237441.

 

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Remembering a Charity in Your Will Week 11-17 September 2017

September 15, 2017/0 Comments/in Uncategorized /by (suspended) UTK_Up289

We are taking part again this year in Remember a Charity in your Will Week to help raise awareness of the importance of gifts left in Wills.

This year’s campaign is calling on the public to ‘Have your Say on the World You Want to Pass On’ in an attempt to inspire charitable gifts in Wills once family and friends have been looked after.

Three quarters of Britons regularly give to charity in their lifetimes, yet only 6% currently include a charity when writing a Will. Nevertheless gifts in Wills are still the foundation of many of Britain’s charities, creating almost £2 billion each year, the equivalent of 19 Comic Reliefs. Without this income, many charities would simply not exist and others would have to cut crucial services.

A dedicated legacy radio station Last Pirate FM has also been travelling the country to highlight this campaign.

Taking professional advice to write a Will, has never been so important, given the complexities of the Inheritance Tax Allowances. These allowances include the nil rate band, the transferable nil rate band and the new residence nil rate band. Gifts to charities are of course exempt from inheritance tax, they are registered charities.

You can find out more about the campaign at www.rememberacharity.org.uk
#HaveYourSay

 

 

 

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Fixed fees for Probate

September 12, 2017/0 Comments/in Uncategorized /by (suspended) UTK_Up289

Probate is the process of administering a person’s affairs after they have died. All assets that the deceased owned need to be listed and scheduled and in some cases this information has to be sent to the Inland Revenue to determine if there is any Inheritance Tax to pay.

The complexity and length of a Probate can vary and some small estates need a small amount of administration.

We offer a fixed fee service to help to administer small estates, saving you the hassle of having to deal with the Probate Registry. We can provide you with a written fixed fee to include the Court fee for the agreed work and that price will not change unless the original information we are given is shown to be incorrect or circumstances change.

Please contact our Wills and Probate Department on 01267 237441 (option 2) for more information.

 

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The Plant that could kill your house sale or purchase

September 1, 2017/0 Comments/in Uncategorized /by (suspended) UTK_Up289

Japanese Knotweed is a highly invasive plant that can seriously damage buildings, roads and pavements. Such damage, caused by the plant’s rapidly growing roots and stems, is estimated to cost the UK economy over £166 million per year in treatment costs and property devaluations.

Japanese Knotweed, more formally referred to as Fallopia Japonica, was first brought to Europe in the 1840s by German botanist Phillipp von Siebold who found the plant growing on the side of a Japanese volcano. By 1850 the Royal Botanic Gardens in Kew had received their first shipment and the plant quickly gained popularity with UK gardeners due to its bamboo-like appearance and ability to grow almost anywhere. The plant also began to be used by farmers as feed for their animals.

Over the years the plant gained a notorious reputation for an ability to ‘escape’ and grow in the wild. Japanese Knotweed’s extensive root system and ability to grow up to 20cm per day and swamp all surrounding plants soon made it more than just a mild nuisance. In more recent years increasing awareness of the plant’s impressive ability to grow through concrete and tarmac has made its presence a serious turn off for property purchasers and mortgage lenders alike. Such is the government’s concern about the spread of Japanese Knotweed that if you are found to be failing to adequately control the plant (or other invasive species such as Himalayan Balsam and Giant Hogweed), you can be issued an Antisocial Behaviour Order and fine up to £2,500.

When selling your property it is vital that you correctly complete the TA6 Property Information Form. The form raises an enquiry as to whether the property is affected by the plant and allows for the responses of ‘yes’, ‘no’ or ‘don’t know’. A response of ‘no’ is a statement of fact and would allow the buyer to take action against you if the weed is in fact present. A response of ‘don’t know’ may be considered a representation that attempts have been made to investigate. If you are unsure about the presence of Japanese knotweed at your property, our suggestion is to make it clear that there has been no attempt to find out. Please be mindful that, due to the rate at which it spreads, Japanese Knotweed may well be present in your neighbourhood. Sellers of Commercial property should also be aware that the presence of Japanese Knotweed is also required in response to the Commercial Property Standard Enquiries as it constitutes a contaminated substance and an infestation.

How big is the problem?

Japanese Knotweed is an increasing problem which is costing landowners and public authorities spend an estimated £150m each year to control and clear-up the pest, which is also costing the British economy an estimated £165m annually, whilst estimates put the total cost to clear the knotweed infestation at around £1.5billion. The problem for homeowners doesn’t stop there; the removal of knotweed is both expensive and difficult to eradicate because as all the roots need to be completely removed to prevent any future resurgence. One small part of a root left behind and a new plant will grow and prosper.

How do I know if I have got Japanese Knotweed?

DEFRA describes the plant as appearing in dense clumps and comprising of:

– fleshy red tinged shoots when if first breaks through the ground
– large, heart or spade shaped leaves arranged in a zig-zag pattern along the stem
– hollow stems resembling bamboo
– clusters of cream-white flowers towards the end of July that attract bees

How to Tackle Japanese Knotweed?

Japanese Knotweed is very difficult to eliminate effectively, options include:

– Digging it up – although this is the most obvious method of eradicating the weed it must be remembered that roots that can grow up to 3 metre deep and it takes just 0.8g of root for a new plant to grow. The weed is also classed as ‘controlled waste’ under the Environmental Protection Act 1990 and can only be disposed of at licensed landfill sites.
– Chemicals – treatments containing glyphosate are effective but it may take several years to completely eradicate the plant. Please visit the Royal Horticultural Society website on the following link for more details on the chemicals available and how best to apply them https://www.rhs.org.uk/advice/profile?pid=218

Good News for the Future

In 2010 scientists introduced several colonies of Aphlara Itadori, a Japanese insect, to the UK that feeds almost exclusively on Japanese Knotweed. If these colonies can successfully adapt to our climate in significant numbers then it is hoped they will present a more natural control on the spread of Japanese Knotweed.

 

 

 

 

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