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The benefits of having a will

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The intestacy rules

If you die without a will, your estate is distributed under the intestacy rules. However, the rules may not distribute your estate as you hoped.

The rules of intestacy depend on your family tree and whether you have any surviving family members at the time of your death. Having a will in place ensures that you make provisions for your preferred friends and family members. They also allow you to cater for unforeseen circumstances, including the possibility that a beneficiary may die before you.

Your family and financial circumstances may change as time goes by, and you should always keep your will under review. Many families are now complex and often referred to as “blended”. The intestacy rules can cause real problems for such families. For example, the death of one partner can create serious financial problems for the surviving partner, as unmarried partners cannot inherit from one another under the intestacy rules – only under a will.

Life interest trusts

You can create a life interest trust structure through a will, which gives someone the right to receive income or benefit from a property before passing it on to others.

Life interest trusts can protect your assets for your children whilst still making provisions for a new spouse or partner. They also protect against the surviving partner or spouse remarrying, changing their will and redistributing assets elsewhere after your death. Other trust structures are available for vulnerable beneficiaries or those with disabilities.

Guardianship

Parents can choose a suitable guardian for their children through a will, which is preferable to the Courts/social services deciding where and who your children live with if you die without a will.

Age of inheritance

Having no will in place means the default age for children to inherit is 18. If you have a will, you can increase the inheritance age to 21 or 25. Parents with young children often raise the age of inheritance because they do not know whether their children will be financially responsible enough to manage an inheritance at 18.

Executors and trustees

Choosing your executors and trustees through a will is also encouraged. You can appoint a specific person who is both responsible and good at managing finances to take over the administration of your estate after your death. 

Tax

Having specialist legal advice when making a will allows you to distribute your assets tax-efficiently using the various inheritance tax allowances. Inheritance tax may be payable on an estate over the nil rate band threshold (currently £325,000). Gifts to spouses, civil partners, charities and political parties also reduce the value of an estate for inheritance tax purposes, as these are all exempt beneficiaries.

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Note: This article is not legal advice; it provides information of general interest about current legal issues.

Should you include your children in mediation?

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Going through divorce or separation is challenging, particularly if you have children. If your children are old enough, they may express worry, concern, or preferences about what they would like to happen. However, should your children become formally involved in the process through a child-inclusive mediation?

What is child-inclusive family mediation?

Child-inclusive mediation allows children to be part of the mediation process in a structured and practical way. Typically, couples use mediation to resolve any issues or disputes that arise throughout divorce or separation. Through child-inclusive mediation, your children can have their say too.

Children often wish to have their voices heard on divorce and separation matters, as it dramatically impacts their everyday lives. For example, they may have opinions about who they would like to live with, how much time they spend with each parent and even how much contact they have with their wider family, such as grandparents. You can choose to listen to your child’s opinions using child-inclusive mediation.

When should you include your child in the process?

It can be very stressful for children to talk about living arrangements and other matters, as they don’t want to disappoint either of their parents. In addition, children often tell each parent what they want to hear rather than what they want, which can cause more conflict.

However, parents can involve their child or children in the mediation process, providing them with a safe space to discuss their feelings and opinions.

A mediator will help your child process their views and form clear opinions about what they would like to happen in the future. Child-inclusive mediation can lead to more child-focused outcomes and help parents understand how to deal with their child’s opinions and emotions.

Will it be stressful for your child?

In most cases, being involved in the mediation process can improve your child’s well-being. For example, children often feel frustrated and left out during the divorce or separation process. Child-inclusive mediation can make them feel like you are genuinely considering their feelings and opinions. However, if your child does not want to be involved in the mediation process, you should not force them.

When is it not appropriate?

In most cases, child-inclusive mediation is unsuitable for children under ten years of age.

If your child is over ten, the mediator may still recommend that your child does not participate if they cannot process their emotions or understand what is happening and how it affects them. If you, as parents or the mediator, feel participation in mediation would be distressing for your child, keeping them out of the mediation process would be best.

Call Pippa Marshall today to find out more about child-inclusive mediation.

To find out more about mediation generally, visit Resolution. Pippa Marshall is a member of Resolution, a community of family justice professionals who work with families and individuals to resolve issues in a constructive way.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Making your wishes clear

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If you are considering giving Power of Attorney to a loved one, we understand that this may feel overwhelming. There are many considerations, including choosing someone you trust to carry out your wishes and conduct your affairs as you would want. Selecting the right attorney and making your wishes clear to them is an essential part of the Power of Attorney process and can help you move confidently forward with your life.

Addressing your concerns about giving Power of Attorney

Creating a Power of Attorney is essential for planning for the future. Life is unpredictable. At some point, you may need someone to make decisions for you and carry out actions on your behalf should you lose the capacity to do so yourself. A Power of Attorney provides peace of mind, but we understand that you may still be apprehensive. What if your attorney doesn’t know what to do? What if they do not follow your wishes? Concerns about Power of Attorney are typical. However, you can take steps to make the process straightforward for your attorney, providing them with clarity about their role.

Choosing the right person to be your attorney

Most people have an idea about who they wish to be their attorney. However, it is essential to consider your choice carefully. You should trust the person you choose to follow your wishes and have the common sense to manage your financial affairs and care confidently. You can also appoint more than one attorney. For example, you may have someone in mind who would be better at arranging everyday care and another who is better with financial decisions.

Discussing your wishes

We recommend raising the issue with your family and loved ones before making your Power of Attorney. They can then work with you to choose the best person for the role. In addition, they may raise concerns or issues you had not considered. Discussing the Power of Attorney with your loved ones is also an opportunity to clarify your wishes. You should discuss both financial matters and care matters. Care matters may be where you would like to live, what you eat, or the clothes you want to wear.

Setting out clearly how you would like your affairs managed

To give you additional peace of mind, you can also set out your wishes in a document known as an Advanced Statement. An Advanced Statement allows you to set out clear, written instructions. You may wish to include any wishes, preferences, values and beliefs about your future day-to-day care and medical care.

If you’re thinking about making a power of attorney, contact James today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

How employment law affects your business

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Employment law for businesses is a complex and constantly changing area of law. Employers must frequently bear this in mind when interacting with employees and workers. For example, the laws governing employees’ rights come into play when a company starts to recruit and often survives the employment relationship’s termination.

For instance, an unsuccessful candidate for a role may have the scope to bring a claim against a prospective employer under the Equality Act 2010. Claims occur when the recruitment process conflicts with the rights afforded to individuals under the Equality Act and when an employer violates one of the protected characteristics.

Protected characteristics

  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Pregnancy and maternity
  • Race
  • Religion or belief
  • Sex and sexual orientation

Employment law provides a framework for regulating and potentially enforcing the employment relationship and is available to employers and employees. Unfortunately, keeping abreast of this area of law can be daunting.

Primary sources of employment law in the UK

  1. law derived from case law (cases heard before the Courts and Tribunals);
  2. UK statutes and European law; and
  3. codes of practice also have influence, for example, the ACAS Code of Practice on Discipline and Grievance Procedures.

Businesses should not switch off once they onboard an employee. Instead, they must manage the working relationship. For example, they should consider discipline and performance management, employee data protection and dealing with grievances and sickness and incapacity.

Karen recommends that employers manage the duties they face by regularly reviewing employment contracts, workplace rules and policies and providing regular training for HR and team heads.

Efficient and proactive, RIAA Barker Gillette’s employment team offers pragmatic commercial employment advice underpinned by their extensive legal knowledge and expertise. Contact Karen Cole today.

Pronouns in the workplace

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Should you encourage staff to add pronouns to their email signatures? Do you understand all the different expressions of gender identity? It may not simply be a choice of he/him, she/her, they/them.

Private members’ club, Soho House, offered a choice of 41 pronouns to its members, ranging from the mainstream to the obscure, including eir, ners, pers, thon and xyr. The topic even has a special day: International Pronouns Day on the third Wednesday of October.

While the practice of adding pronouns to emails seems to have started in academic circles, it has now spread widely across the corporate world. Employees may actively choose to give their pronouns. But, staff are also being asked to cite their preference, and many report that this is not just on emails but also within meetings and online profiles, such as LinkedIn.

While enforcing a company-wide policy may be presented as a move toward greater openness and inclusivity. Some would argue that this can act to exclude those with different views and potentially breach equality legislation itself. For example, mandating declared pronouns or creating situations where it’s difficult to avoid their use could be coercive.

Cases

The guide developed by the campaign group Sex Matters on the use of gender pronouns in the work environment reflects the extent to which the topic has become contentious. Maya Forstater launched the group, having won a landmark appeal tribunal over gender self-identification. She had made a discrimination claim after being sacked for saying that trans women are male or ‘honorary female’. She argued that sex is immutable and should not be conflated with gender identity. On appeal, the judge ruled that her comments were protected as a ‘philosophical belief’ within the meaning of the Equality Act 2010. He said that the only types of beliefs excluded from protection were extreme ones “akin to Nazism or totalitarianism”.

The ruling said that Forstater’s “gender-critical beliefs, which were widely shared, and which did not seek to destroy the rights of trans persons, clearly did not fall into that category”.

This landmark case confirmed that the law protects both those holding a gender identity belief and those having a gender-critical belief.

But whether conduct arising from such belief may be discriminatory to trans people is a different question, relying on the facts of each case. Certainly, someone with gender critical beliefs cannot indiscriminately address trans persons in derogatory terms or ignore preferred forms of address, as this is likely to constitute harassment or discrimination.

Dr Mackereth faces this challenge. A declared Christian, Dr Mackereth is appealing a tribunal decision that found that he was not discriminated against on the grounds of religion or belief when his employer dismissed him for refusing to address transgender patients by their chosen pronoun.

Dr Mackereth relies on a theological argument and claims that most Christians share his belief. However, an essential difference between the Forstater and Mackereth cases is that the doctor argues that his beliefs entitled him to misgender transgender individuals. In contrast, Ms Forstater expressed her beliefs but used preferred pronouns.

Conclusion

These cases demonstrate just some of the difficulties employers face in looking to create a culture that is inclusive. They emphasise the importance of appropriate policies and keeping up to date with this fast-moving area of employment law.

For guidance and advice on pronouns in the workplace, contact employment lawyer Karen Cole today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Do I need planning permission to make changes to my garden?

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In this article, we look at different garden projects and whether you might need planning permission before proceeding.

What is Permitted Development?

The law allows you to carry out certain types of home and garden work under Permitted Development. This means that you will not be required to obtain planning permission. However, Permitted Development has rigorous requirements for each type of development. These include height, size, whether there are neighbouring properties and whether you are near a main road.

Do I need planning permission to put up a wall or fence?

Under Permitted Development, you can build, improve, maintain or alter a fence, wall or other enclosure. However, the work must remain within the below limitations:

  • the height of the wall or fence must not exceed 1 metre if it is adjacent to a highway;
  • the height of any other wall, fence, gate or other enclosure must not exceed two metres;
  • you cannot carry out such work under Permitted Development if you live in a listed building.

Do I need planning permission to build a shed, summerhouse, or garden office?

If you want to add a shed for storage, a garden office, or a summer house, you may be able to do so under Permitted Development. However, the total area of outbuildings must not exceed 50% of the total area of your garden space, i.e. ‘curtilage’. The 50% includes any extension your home may have but does not include areas covered by the main building.

If, however, you live within a conservation area or an area within the National Parks and Broads, you should check the requirements with your Local Authority.

If you live on an estate, you need to consider if there are any restrictions imposed by the Management Company or within the original title documents which require consent together with any relevant fee. For example, there may be restrictions regarding what you can add, where and any size constraints.

Suppose you want to put up small detached buildings such as a garden shed, summerhouse or office in your garden. In that case, building regulations will not usually apply if the floor area of the building is less than 15 square metres and contains no sleeping accommodation.

Do I need planning permission for decking?

You do not need planning permission for garden decking so long as you meet specific criteria. The main concern for many is that the decking platforms cannot be more than 30cm from the ground.

Do I need planning permission for landscaping?

Generally, garden design, such as returfing a lawn area, adding garden paving, or creating flower beds, will not require planning permission.

We set the rules for walls, fences and other enclosures out above. You should, however, be mindful of pruning trees. Certain trees are protected under Tree Preservation Orders, so you may wish to check with your Local Council before cutting down or significantly pruning a tree.

Contact us for more information today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

What are your children’s inheritance rights?

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Usually, this will be a person’s spouse/partner, children and possibly other family members, but that may not always be true. Private client lawyer James McMullan explores children’s inheritance rights.

Under English law, a person may give their estate to whomever they chose, and so whilst it may seem logical that children inherit something from their parents, there is no legal obligation on a parent to do so. For anyone familiar with the inheritance rules of other countries, this may seem strange as other jurisdictions have rules dictating how an estate should be divided which includes leaving a percentage to your children. However, English Law upholds a concept known as testamentary freedom.

Who comes under the definition of ‘children’?

As society develops, ‘blended’ families are becoming much more common, and with this, the question of who should be entitled to inherit has raised more questions.

Previously, the legal definition of children had meant only legitimate children who are born through marriage. The legal definition of children today includes legitimate and illegitimate children (an unfortunate term referring to those born outside of marriage) and adopted children but does not include stepchildren unless the stepchild has been adopted by the stepparent. It should also be noted that adopted children are taken to be the children of their adoptive parents only, and the legal connection to their natural parents is severed by the adoption order.

Different ways children can inherit and their rights

When a person has died without making a will, their estate will be dealt with in accordance with the intestacy rules, which make provision for various persons set out in a ladder of priority, starting with a person’s spouse or civil partner and children.

‘Partner’ in the context of the intestacy rules refers to one’s civil partner only and not a domestic partner who has not entered into a formal marriage or civil partnership.

If a person has a spouse/partner, the first £270,000 of their estate is given to the spouse/partner, with the remainder of the estate being divided between the spouse/partner and the children in equal shares. If there is no spouse/partner, the estate is divided equally between the children. If there are no children, then wider family members may inherit.

Under a will, there is more flexibility. Whilst the definition of children remains the same, a testator could, if they choose, make an express provision in their will that children should be defined to include their stepchildren. They could also do the opposite and state that they only want children to mean their legitimate children, thereby excluding any illegitimate and adopted children from any inheritance under the will.

Not only does a will offer flexibility regarding who will inherit, but the testator also controls how much they will inherit. For example, you may wish your children to receive unequal amounts for whatever reason, which is not available under the intestacy rules. You may wish to make specific provisions for a disabled or vulnerable child.

As mentioned, children have no legal right to inherit. Despite this, there are a number of ways a child may receive an inheritance by making a claim against the estate.

A child of a person who has died or a person who was treated as a “child of the family” of the deceased, may make a claim for an award out of the estate if the will does not make ‘reasonable financial provision’ for them under The Inheritance (Provision for Family and Dependants) Act 1975.

A child will not automatically be entitled to an award, and the court will look at various factors in making their decision, such as the child’s financial needs and resources and the relationship between the parent and the child, and what caused the parent to make their decision. This may also be applicable to stepchildren, who are not included in the definition of children but could be considered a person who is treated like a child of the deceased, especially if the stepchild depended on them.

Conclusion

If you die without a will, you will have no control over who receives your estate, and your children’s inheritance rights will be dictated by the Intestacy Rules.

If you would like to exclude a child from receiving an inheritance or dictate the share that each child should receive, it is strongly recommended that you write a will to retain control over your estate. The vacuum caused by the lack of a will often results in claims being made against the estate, which could have been avoided by careful express provision in a well-considered will.

If you have questions about children’s inheritance or would like specific advice based on your circumstances and a will drafted to meet your family’s needs, speak to private client lawyer James McMullan today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Dangers of deceit

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The Claimant believed he was encouraged to make substantial investments in the Defendant’s business due to false statements made by the Defendant during pre-contractual negotiations. Therefore, the Claimant issued proceedings, seeking a primary claim in deceit.

To establish liability in deceit, the Claimant needed to prove that the Defendant intended his representations to be false.

The Defendant pleaded that he was unaware that his representations would be conveyed or interpreted as false; therefore, he could not be liable for deceit. He stated that he did not seek to hide anything from the Claimant and that the Claimant always had access to legal documents and accounts relating to the investments.

Background

The Defendant and Claimant each ran respective businesses within the shipping industry. In 2013, the parties entered a joint venture arrangement (ETFA 1) on a 50/50 basis.

Shortly after, a third party, Kohlberg Kravis Roberts, approached the Defendant with a further joint venture proposal, as they wanted to make investments within the shipping market, and a joint venture vehicle was set up (OML).

The Defendant asked the Claimant whether he would like to participate in the OML venture and advised that the Claimant’s contribution to EFTA 1 would be used. The Claimant confirmed that he would be happy to roll over his entire interest to the OML venture, and in July 2014, the Claimant and Defendant entered into a second JV agreement (ETFA 2) to reflect this.

In August 2014, the Defendant advised the Claimant that the OML venture had completed, and the Defendant would finalise “whatever the number is” for the Claimant’s share in the deal. The parties agreed that the Claimant should receive a 30% interest and entered into a third JV agreement (ETFA 3), which effectively superseded ETFA 1 and 2.

In November 2018, the Claimant voiced concerns over the setup of the OML venture. He could not see how his investment in ETFA 1 had gone into the OML venture (despite what he was led to believe by the Defendant). He felt that he had been “outsmarted” and “cheated”.

The Defendant suggested that the Claimant appoint an auditor of his choice to investigate the matter, but the Claimant rejected this and issued proceedings for deceit in May 2019.

The Court’s decision

The Court considered whether the representations made by the Defendant were made to induce the Claimant to enter into ETFA 3 and whether the representations given were deceitful.

The Defendant attempted to rely on a non-reliance clause contained in ETFA 3 for any information or representations given. However, the Court held that the clause failed as a defence, as it could not shield the Defendant against any liability in deceit. The non-reliance clause could only come into effect against claims for non-fraudulent misrepresentations.

The Court considered the principle of deceit by recklessness and whether the Defendant, in making false representations recklessly and not caring about what they conveyed, was any different than a person making statements, not caring about whether they were true or false. The Court took from the Judgment in Derry v Peek that liability in deceit is proven when a “false representation has been made (1) knowingly, or (2) without belief in its truth, or (3) recklessly, careless whether it be true or false.” The Court found the representations made by the Defendant in the OML venture were knowingly false. Because of those representations, the Claimant entered ETFA 3, giving up all rights under ETFA 1 and 2.

The Court held that, although it was highly unlikely that the Defendant set out to defraud the Claimant. Nevertheless, it was proven that the Defendant was liable in deceit for the false representations made to the Claimant when entering ETFA 3. The Claimant was therefore awarded damages with interest and rescission of the contract.

What does this mean for commercial vendors?

The Judgment illustrates the potential dangers in transactions for commercial vendors and how important it is to be careful when making representations in pre-contractual negotiations.

Non-reliance clauses are generally used to try and exclude reliance on pre-contractual representation so that claims for overselling/exaggerating the performance of a business can be protected. This Judgment, however, highlights that a party cannot contract out of its liability for misrepresentation under the Misrepresentations Act 1967, no matter how well-drafted their clause is.

A good non-reliance clause can defeat most claims; however, it won’t be sufficient on its own to defeat claims of deceit.

The importance of understanding how statements could be interpreted or conveyed by a counterparty is imperative during negotiations so that both parties have a clear picture of the transaction and there is no overselling of a business. The Judgment highlights that simply being unaware of or not recognising what has been said will not shield a party from its liability in deceit.

Contact Victoria Holland today if you have concerns about your pre-contractual representations, non-reliance clauses or joint venture agreements.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Character is, perhaps, destiny

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The Greek philosopher Heraclitus reputedly said, ‘Character is Destiny’. On 11 February 2022, The Honourable Mrs Justice Collins Rice handed down Judgment which tended towards that view.

The case of Sawati v The General Medical Council considers the approach by the Medical Practitioners Tribunal (MPT) to ‘good character’ regarding allegations of dishonesty. This decision has general application across the regulatory arena, not solely to healthcare cases.

The appeal succeeded on the MPT’s approach to insight following an unsuccessful defence (another interesting regulatory issue). The sanction of erasure was quashed and remitted to a differently constituted MPT for reconsideration. The appeal failed on the ‘good character’ ground, however, and that’s the focus for this article.

Case background

Dr Sawati was in the second year of her foundation training when allegations of misconduct were reported to the GMC. In 2021, six allegations came before the MPT; four allegations were proven, including three with dishonesty.

On appeal, Dr Sawati asserted that the dishonesty findings were unsustainable. The MPT was wrong procedurally in making the first dishonesty finding because, on the face of its decision, only after it had proved dishonesty did it consider her good character and her problems with communication.

That mistake infected the subsequent two findings of dishonesty. The MPT should have directed itself expressly at the start of its analysis to take good character into account when considering Dr Sawati’s credibility and propensity to be dishonest.

The argument goes that if your character has a clean bill of health, you are more believable as a witness and less likely to have behaved dishonestly.

High Court findings

Paragraphs 53-56 of the Judgment include a useful detailed review of the case law:

  • Donkin v Law Society: cogent evidence of positive good character is relevant although the weight to be attached to that evidence is a matter for the tribunal.
  • Wisson v Health Professions Council: Relevance can go to credibility and to propensity.
  • Martin v Solicitors Regulation Authority: good character evidence should not detract from focus on evidence directly relevant to the alleged wrongdoing and decisions on weight are for the fact finder not the appeal court unless the decision is one that no reasonable tribunal could have reached.
  • Kahn v The General Medical Council: the appeal court can infer from all the material that the tribunal must have taken good character properly into account: it does not have to direct itself to do so explicitly.  
  • The MPT had received accurate written legal advice on the interrelated issues of witness credibility and memory; dishonesty; and good character.
  • The MPT’s decision must be ‘read fairly, as a whole, in context and having regard to its structure’.
  • The appeal court should ‘decline invitations to narrow textual analysis quoting after misdirection’.
  • It can be inferred from all the material that ‘good character’ has been properly considered. It does not have to be explicitly so stated in the decision.
  • The MPT had clear, correct advice on good character which it reproduced in its decision.
  • The MPT gave itself a self-direction, leaving little room for doubt on appeal. It was ‘an invitation to narrow textual analysis’ to suggest that the self-direction should have come a little earlier in the process or with explanation of the application of the self-direction to the facts found.
  • The MPT maintained its ‘primary focus’ on the specific evidence directly relevant to the alleged wrongdoing.
  • It was wrong to suggest that the MPT did not have good character in mind at all or that it failed to give enough explanation for its overall conclusions.
  • The MPT was entitled to weigh specific factors concerning actual events more decisively than general factors relating to credibility and propensity.
  • An unblemished record may properly carry less weight at an early stage of a career than where there is an established track record. Conversely, inexperience may carry more weight in understanding what happened.
  • Decisions on weight are for the fact finder and ought not to be disturbed on appeal unless the decision is one that no reasonable tribunal could have reached.
  • The MPT’s decision on the first allegation (retrospective amendment of a patient’s record) was at least open to it on the totality of the evidence.

Tribunals might consider giving clear directions during the case management process stating when ‘good character’ evidence is to be received and at what stage it will be shown to the tribunal.

This is a potentially important aspect of case preparation for those appearing in person or as advocates before professional disciplinary tribunals. My experience suggests that ‘good character’ evidence is often an afterthought. Precedent makes the case for giving it serious consideration, even if only to discount it as an option with reasons. It may be particularly useful where there is no clear motive for the misconduct alleged to have been committed by a previously blameless individual.  Those cases where we read the reports and scratch our heads as to why the offender thought that what they were doing made any sense. Experience tells me that the ‘good character’ argument may succeed if thoroughly and realistically prepared. And in such a case, character is, indeed, destiny.

Contact regulatory specialist and solicitor Susan Humble today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

When jointly doesn’t mean equally?

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Let’s start at the beginning. An unmarried couple is in love and can’t wait to live together. They’ve saved their deposits and are looking at houses. Finally, they find a property and begin purchasing their dream home. Amongst multiple forms from their solicitor is one that asks how they would like to hold the property and whether they would like to be “joint tenants” or “tenants in common.”

In an ideal world, the solicitor clearly explains the difference between these two, but this doesn’t always happen. If the couple selects the wrong option, a cohabitation dispute could follow if the couple separates.

If only one person has contributed capital to the purchase or has contributed considerably more than the other, if the parties are joint tenants, then each party still owns an equal share of the property. This option might seem unfair, particularly where one party has used inheritance money or the “bank of mum and dad” to support the purchase. By selecting tenants in common, buyers can choose to own the property in percentage shares, for example, based on the amount they put in. These shares are not set in stone but could be crucial if the relationship breaks down and a dispute arises. Pippa advises:

“Although you might prioritise choosing the new kitchen, make time to decide how you should own your property at the outset; it may save you thousands on legal fees and protect your financial interests. Each purchaser should seek independent legal advice regarding any inequality in your deposit contribution. How you own your property also has implications on who benefits in the event of death, and there can be potential tax consequences/advantages depending on the option selected.”

Contact family solicitor Pippa Marshall or head of property Brinda Granthrai today to find out how they can help you.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

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