Family Law Articles & Advice

In this blog, probate solicitor Chris Strogen answers your frequently asked questions on who inherits under UK intestacy rules.   Contact Evolve Family Law Today for Will and Probate Advice.   Should I make a Will? Won’t intestacy rules protect my family? It is important that everyone has an up-to-date Will. I am not just saying that because I’m a private client solicitor specialising in preparing Wills. In my job, I regularly see the extra heartache and the legal costs when a loved one dies without a Will or dies with a Will that is out of date and does not reflect their current family or personal circumstances. Most of that stress and the additional costs can be avoided with a well-written Will that is reviewed as life and family circumstances change.   Why make a Will? Won't the intestacy rules say who the money goes to? That is a question that I’m often asked. It is right; if you don’t have a Will, then under intestacy rules, your money will go to your relatives. However, dying intestate means you don’t get a say over where your money goes. In some situations, it can mean that: Wealthy parents or siblings get your money (creating a bigger inheritance tax bill when they pass away). However, you might have wanted some of your money to go to a girlfriend, a nephew or to charity. There is an increased risk that family members will fall out over the money allocated to them under the intestacy rules.   Who inherits under the intestacy rules? Under the intestacy rules, the estate of the deceased is distributed to relatives or goes to the crown if there are no living relatives. The rules say which family members will inherit depending on family circumstances. The intestacy rules say: If the deceased was married or in a civil partnership and has no children, all their estate will go to their spouse or civil partner. If the deceased was married or in a civil relationship but has children, the first £322,000 of their estate will go to their spouse or civil partner, together with the deceased’s personal possessions. Anything over the £322,000 threshold is divided between the spouse and the children. The husband, wife or civil partner receives 50% of the balance, and the other half over the £322,000 threshold is divided equally between the children. If the deceased was not married or in a civil partnership, then the extended family inherit. If the deceased had children, then they share the estate equally. If there are no children, the intestacy rules leave the entire estate to the parents. If the parents passed away before the deceased, then the estate is distributed equally between the deceased’s siblings. The intestacy rules detail the extended family if there are no siblings. The intestacy rules mean that stepchildren and unmarried partners will not receive a share of the estate. However, they or others may be able to challenge the distribution of the estate under the intestacy rules if they can show that the intestacy rules do not make reasonable financial provision for them. What is reasonable is case-specific and depends on the size of the estate and the needs of the person seeking a share of the estate. Confusingly, some assets owned by the deceased may not pass under the intestacy rules. If the deceased owned property with another owner as joint tenants, then the deceased's share in the property will automatically pass to the surviving owner.   Reasons to make a Will There are several good reasons why everyone should have a Will: If you make a Will, then you decide who gets your money. You can put conditions on gifts. For example, if a child is still a minor on the date of your death, you can say that the child should not get the bequest or share of your estate until they are age 21 or 25. You can decide who should sort out your estate by appointing executors and trustees in your Will. The trustees can be given the power to advance money to your children if they need it. For example, the trustees might advance monies to pay university fees or for a house deposit. If you have minor children, you can appoint a testamentary guardian in your Will. You can use your Will to estate plan and reduce the inheritance tax burden on your estate. Wills and trusts can be flexible and allow you to leave flexible gifts where family dynamics are complicated. For example, in a second marriage, you may want to give your spouse the right to live in the family home until their death, and the property is then left to your children from your first marriage. A carefully prepared Will can reduce the potential for the provisions to be challenged because someone does not think the Will or the intestacy rules make adequate financial provision for them. In some family scenarios, dying without a Will doesn’t create a lot of additional legal complications, but in some family situations it does, such as: Unmarried partners and families. Where you have been married more than once. If you have young children who need legal protection, such as appointing a testamentary guardian in your Will. If you are a business owner. Most of us understand the need to sort out insurance for our family, and preparing a Will should be on the same ‘to-do’ list as one of life’s essentials.   Does my Will need updating because of my marriage? When you marry, any existing Will is automatically revoked. This means if you pass away after your marriage, your money passes under intestacy rules. Those rules may produce a very unfair result or a legal dispute between relatives over who should get what. It is therefore vital that you make a new Will when you get married. Alternatively, if you are getting married within the next 12 months, you can say that your Will is being made in contemplation of your planned marriage.   I am getting divorced. Do I need a new Will? If your marriage is ended by a court order  (divorce or annulment), your Will is not void or invalid. However, any gift in your Will to your former spouse takes effect as if he or she had died on the date your divorce was finalised. That usually means the gift to a spouse goes into the residuary estate for the benefit of the residuary beneficiaries. However, if you had left your entire estate in your Will to your former husband or wife, and there are no substitute beneficiaries, then the effect of your divorce is that your estate passes under the intestacy rules. If you appoint a spouse as an executor or trustee in your Will and you subsequently get divorced, then the Will takes effect as if they had died on the date the divorce proceedings were finalised with the pronouncement of the final order. If you appoint a former spouse in your Will as a trustee of a trust for the benefit of your children or as a guardian, the trust appointment fails. That might not be what you want, as some Will makers still want their ex-husband or ex-wife to act as a trustee for the benefit of the children. The best solution is to make a new Will immediately after your separation or divorce, especially if your spouse or civil partner was a beneficiary, executor or a trustee.   I own a property with my partner. I don’t own anything else, so I don’t need a Will. There is more than one legal way to own a house jointly. The two options are: Joint tenants. Tenants in common. If you jointly own a house as joint tenants, the surviving partner automatically inherits the property. However, many co-owners buy a home with their partner as tenants in common. This type of joint ownership means that their share of the property passes by their Will, or if there is no Will, under intestacy rules. It is always essential to check how you jointly own a house when preparing a Will.   Can I write my own Will? You can write your own Will, but probate solicitors do not recommend that you do so. That is because Wills are tricky legal documents. The consequences of getting the Will wrong can be legally expensive and stressful for your family. It can also add to the risk that someone might challenge the Will. The legal court costs of challenging a Will are high. It can therefore be money well spent to get specialist private client legal advice to make sure your Will is fit for purpose and to get it reviewed when significant life events occur (such as marriage, the birth of children or grandchildren, divorce, new relationships).   You might also be interested in [related_posts]   How much does a Will cost? A bespoke Will drawn up by an experienced and regulated solicitor is not as much as you might think. Evolve Family Law was one of the first law firms to publish fixed fees for Wills. Take a look at our online price list so you have an idea of the charges before calling or emailing us. If you already have a Will, then you may want to get us to check and review it. That’s because family and personal circumstances change, so your old Will may not be ‘’fit for purpose’’. Some people have complex finances and businesses and need in-depth advice on trusts, estate planning, or domicile. However, even if your situation is not complex, it is easy to fall foul of inheritance tax rules. That means your estate could pay more tax than necessary. Everyone needs a Will, and it is important that people take bespoke advice, at a cost they can understand, to ensure their Will meets their needs.   If you need a Will or want your Will reviewed, then Evolve Family Law can help.   Contact Evolve Family Law Today for Will and Probate Advice.

We all fear some appointments, whether it's with a doctor or dentist, or meeting your family lawyer for the first time. In this blog, family law solicitor Louise Halford looks at how to get the most out of your first meeting with your family lawyer.   Contact Evolve Family Law Today for Family Law Advice.   In this article, we look at: Choosing your family law solicitor Timing your appointment Company at your appointment Preparing for your appointment Talking to your family solicitor   Choosing your family law solicitor Before your initial consultation with your family law solicitor, it is best to do some research on whether your family lawyer and the firm are the right fit for you. Just because a friend found a family solicitor wonderful in their divorce, it doesn’t mean they will necessarily be right for you, or that they are experts in the area of family law you need help with. At Evolve Family Law, we believe in being proactive in helping you choose the right solicitor for you. That’s why our website includes information about: The lawyers Our fee guide Our client reviews.   We will also speak to you to ensure you are seeing the best solicitor for your needs at your initial consultation. That’s because family lawyers, just like consultants and surgeons, specialise in different areas. If you need urgent advice about child abduction fears and child relocation orders, you don’t want to see a solicitor who has a particular interest in family finance on divorce or international prenuptial agreements.   Timing your appointment It is never too early to have an initial consultation with a family law solicitor. It can be helpful for you to learn about likely children or financial settlement options should you go ahead with a planned separation. That way, you can make informed choices. Taking family law legal advice does not commit you to starting children law or financial court proceedings, but it does help you work out the best options for you, through having the information you need about: Your rights. Likely court outcomes. Alternatives to going to court (called non-court alternative dispute resolution). The timescales and costs of each option.   You might also be interested in [related_posts]   Company at your appointment Bringing someone with you to an appointment can be helpful. A friend or family member can ensure you ask the questions you need answered. They can also discuss the advice you received with you after the meeting. All family solicitors ask is that you choose the person carefully if you decide to bring someone to the appointment. That is because you may be discussing personal issues or financial matters at your consultation. Your family lawyer will not want you to feel inhibited and unable to be totally open about the personal or financial reasons why you need family law help and legal advice. Also, a family friend or relative should be there to provide support, rather than take over the appointment to discuss their own family law problems or their views on your relationship or family law issue. If they do that, it is frustrating for both you and your family lawyer, as the focus should be on you. Therefore, if you want company at your appointment, think about who will provide the best support to help you get the most out of your consultation.   Preparing for your appointment Whilst you are welcome to turn up to your phone, online or office appointment, it can help to prepare for the appointment. We don’t mean anything ‘too heavy’ by this. Just think about why you need advice and the background. For example, your family solicitor will want to know the date of your marriage, the date of separation, when your children were born or the approximate date of when an incident occurred. It is surprising how easy it is to forget dates or only to remember the questions you wanted to ask your solicitor after your consultation. Lawyers like questions, so bring a list of questions with you. Whilst a family lawyer may not be able to answer all your questions at a first meeting fully, they will be able to tell you what information they need to gather to answer your queries fully.   Talking to your family solicitor An initial consultation with a family solicitor is a two-way street; your family lawyer needs to know a bit about you, your family law query, and your goals. Armed with that information, a family solicitor can help you get the best out of an initial consultation. Consultations work best when you have the confidence to ask your questions. You therefore should not worry about whether your questions are too basic or whether your solicitor will think you should know the answers. Likewise, your lawyer may need to ask you some questions that you don’t think are relevant to your circumstances or will help in answering your questions. However, some questions will help your lawyer understand the circumstances, enabling them to determine the best way to answer your questions as accurately and thoroughly as possible.   Relationship breakdown: comprehensive initial review At Evolve Family Law, we offer a fixed-price relationship breakdown review meeting with a solicitor, covering all legal and practical aspects of your situation, including an assessment of the best routes to resolution. This is a one-off fee. You can then decide if you want to instruct us to take additional steps, such as starting no-fault divorce proceedings, applying for a child arrangement order, or applying for a relocation order.   Contact Evolve Family Law Today for Family Law Advice.  

The family law solicitors at Evolve Family Law are regularly consulted about common law marriage rights by unmarried partners and former cohabitees. In this article, we look at the myth of common-law marriage.   Contact Evolve Family Law Today for Cohabitation Law Advice.   What is common law marriage? Legally, there is no such thing as a common-law marriage. Common law marriage is a myth. In English family and property law, common law marriage is not a legally recognised concept. If you are cohabiting with an unmarried partner, you do not get rights as a cohabitee if you view yourself as being in a common-law marriage with your partner. An unmarried relationship does not become a common law marriage because of the number of years you have been living together. You do not get common law marriage status whether you have been in a cohabiting relationship for 2 years or 20 years.   Cohabitation rights If you don’t get cohabitation rights through common-law marriage, how do you get cohabitation rights? Family agreement solicitors say there are ways to get rights as an unmarried partner, but it is best to understand how you can get those rights before you: Move in with your partner. Have children together. Rule out getting married or entering a civil partnership. Buy a property together. Make significant property, pension or financial decisions. Make a Will. Unfortunately, too many unmarried couples only find out about their cohabitation rights (or lack of them) after they split up with their partner.   Getting rights as an unmarried partner As an unmarried partner, your cohabitation rights can come from: Joint property ownership – you can jointly own property either as tenants in common or joint tenants. The way you own property can significantly impact what happens to it if you split up or if one of you passes away. That’s why it is best to take family law legal advice before you jointly buy a property as an unmarried couple. Sole property ownership – you can claim a share of a property even if it is owned in the name of your partner. A claim can potentially be made under property or trust law if you can show that you have an equitable interest in the property. A cohabitation agreement or deed of trust – if you reach an agreement with your partner, either at the outset of your relationship or during it, you can set out your agreement and rights in a cohabitation agreement (or deed of trust if the agreement relates solely to a specific property). If you have dependent children with your unmarried partner, you may also have the right to claim: Child support through the Child Maintenance Service or through the family court if the Child Maintenance Service does not have jurisdiction, or if the Child Maintenance Service has made a maximum assessment under their child support formula. If the Child Maintenance Service makes a maximum assessment, you can apply to the family court for top-up maintenance. Lump sum payment to meet a child’s specific needs. Housing for the child whilst the child is dependent – this type of housing provision ends when the child is age 18 or 21. School fee payments if your child is being educated privately. Disability-related extra costs of caring for a child with a disability. The bottom line is that, however long your unmarried relationship lasted, you do not have the same legal rights as a civil partner, husband, or wife. For example, as an unmarried partner, you cannot claim: A share of the family business – unless you are a shareholder or a business partner, or you can successfully argue that ownership of all or part of the business was held in trust for you. A share of your partner’s pension. Spousal maintenance. A share of investment portfolios held in your partner’s sole name unless you can argue that the investments were held in trust – something that is very hard to do.   Disputed cohabitation rights In cases involving unmarried partners, the family court must follow property and trust law to resolve disputes over ownership. If you are married or in a civil partnership, the family court looks at a range of statutory factors to achieve fairness. That’s why in divorce proceedings, the court can exercise a lot more discretion, and there is less likelihood of one partner walking away with nothing after a long relationship. If you are engaged to marry or married and you do not like the idea of the family court having such a degree of flexibility in divorce financial settlement proceedings, you can either sign a prenuptial agreement or a postnuptial agreement to record how family assets should be split if you separate.   You might also be interested in [related_posts]   Cohabitation rights and estate planning If an unmarried partner dies without making a Will (intestate), the surviving cohabitant has no automatic right to their partner’s estate. The surviving partner could claim a share of the deceased’s estate, but this would involve court proceedings against the deceased’s relatives who inherited the estate under the intestacy rules. To succeed in a claim, the claimant needs to show that the intestacy rules did not make reasonable financial provisions for them as an unmarried partner. This is why it is vital that if you are in an unmarried relationship, you and your partner make a Will and carry out estate planning.   Protection for you as a cohabitee Family lawyers understand that financial hardship due to the breakdown of a cohabiting relationship is a realistic possibility. In many cases, the hardship results from property ownership decisions made by the couple during the relationship. If a married couple make the same property ownership decisions during their marriage, the family court has the discretion and power to make orders that it thinks are fair to both husband and wife or both civil partners. In a non-married relationship, a family judge does not have the same degree of flexibility. In cases involving cohabiting couples, the court must divide the property or assets of an unmarried couple based on property and trust law rather than housing or other needs. The best option for cohabitants concerned about property issues and protection if they split up from their partner is to sign a cohabitation agreement. This document is a form of contract that outlines a couple’s decisions regarding what will happen to their property upon separation. It works like a prenuptial agreement, and if appropriately drafted by a specialist family lawyer, should be upheld by a court. The cohabitation agreement should be accompanied by both cohabitees signing Wills and Lasting Powers of Attorney. If you need advice on a cohabitation agreement or need legal advice after separating from your cohabitee, Contact Evolve Family Law Today for Cohabitation Law Advice.  

In this blog, our family law solicitors examine what happens if you keep financial secrets during a separation or divorce.   Contact Evolve Family Law Today for Expert Family Law Advice.   Reasons for hiding money during a relationship There are many reasons why someone might hide money or not reveal their financial situation whilst in a relationship, such as: Wanting to build up a safety net of savings that their partner won’t spend, so there is a rainy-day savings fund in case of redundancy or a large unforeseen bill, such as replacing the boiler. Feeling the need to save money so that there is an escape route from an abusive relationship where the partner secreting the money is afraid that without the hidden money if it will be impossible to leave their controlling partner. Hiding credit card debt or loans because you know that your partner will worry about the debts. Feelings of embarrassment about having incurred debt. In some cases, the debt may have been incurred before the new relationship, and it now feels ‘too late’ to mention it. If a couple decides to separate, it can be challenging to reveal financial secrets that were kept during the relationship. However, when negotiating a financial settlement, there is an obligation to provide full financial disclosure.   Financial secrets and separation, and divorce   At Evolve Family Law, our divorce solicitors will ask questions about your finances and those of your spouse to provide the best advice on financial settlement options. Sometimes people are reluctant to mention undisclosed credit card debts or loans, as their husband or wife doesn’t know about them. However, it is essential to do so as the debts may impact your ability to take over the mortgage on the family home or secure another mortgage to purchase a new property. In cases where there is debt, then in financial court proceedings, the court rarely undertakes a forensic exercise into how the debt was incurred and whether, for example, you should have bought the shoes or motorbike. Instead, the court will ask: Is the debt family debt– in other words, although the debt was hidden from a husband or wife, was the loan or credit card money used for the benefit of the family? What impact does the debt have? The court will want to know if the debt will prevent a husband or wife from buying another house, staying in the family home, or meeting their other needs. In addition to debt and divorce, when it comes to financial disclosure on separation or divorce, there is an obligation to provide complete and frank financial disclosure of all your assets. That includes secret bank accounts that your husband or wife doesn’t know anything about, or money given to a family member to ‘hold’ for you, or cash that you keep.   You might also be interested in [related_posts]   The consequences of not providing full financial disclosure Failure to provide full financial disclosure after a separation or divorce may mean: Your spouse will not go to family mediation to reach an agreed financial settlement, or the family mediator may say that mediation is not suitable as full financial disclosure is a requirement for mediation. Your spouse may start financial proceedings so they can get an order requiring you to file a Form E financial disclosure document and supporting paperwork, and can ask additional questions about your finances and transactions. Your spouse could ask the court to make additional disclosure orders, ask for valuations of assets such as the family home or a family business and make Section 37 injunction orders to prevent the sale or transfer of assets to third parties. The court could draw inferences or make findings against you in a financial settlement court hearing. For example, if your family businessgenerates cash but according to your accounts, you receive an income that amounts to less than your essential outgoings (mortgage payments, utility bills or other known expenditure), then the court could make inferences or findings against you. Any financial settlement recorded in a separation agreement or in a financial court order could be overturned later if it is discovered that the agreement or order was made without you having provided full financial disclosure. Therefore, whilst there may be many reasons why you would want to keep things secret during a relationship, when it comes to a separation or divorce, there are many compelling reasons why you should provide full financial disclosure.   Manchester and Cheshire Divorce and Financial Settlement Solicitors Evolve Family Law specialises in family law, divorce and financial settlements. If you need advice on your divorce and financial settlement options, our friendly experts can help.   Contact Evolve Family Law Today for Expert Family Law Advice.

With rental properties hard to find and expensive to rent, our family law solicitors receive numerous enquiries about whether a couple can legally separate and live in the family home.   If you need family law advice, contact Evolve Family Law.   What is a legal separation? A legal separation is where a husband and wife obtain a judicial separation from the family court. Applications for judicial separation are rare because: If you obtain a judicial separation, you will still need to divorce at a later stage. For example, if you want to remarry or if you need a financial court order to prevent further financial claims by your former spouse. You do not need a legal separation for official purposes. You can just tell agencies, such as the Inland Revenue or the Local Authority, that you are separated.   Do I need a legal separation? People often assume that they need a legal separation or a judicial separation order, but they do not unless they have a religious or cultural objection to a divorce and want to formalise their separation. If you plan to get divorced later, you don’t need a judicial separation first, as you can sort out your financial affairs by signing a separation agreement.   Can spouses live separately in the same house? You can separate or even divorce and still live in the same house. Some couples think that if they continue to live together, they cannot get divorced, but that isn’t correct. Under current English divorce law, you can get divorced if your marriage has irretrievably broken down by starting no-fault divorce proceedings.   Separating when your spouse will not leave the family home. If you have decided to separate and your husband or wife will not leave the family home, you have the option to: Apply for an injunction order – an occupation order can give you the right to occupy the family home to the exclusion of your partner until the long-term ownership or sale of the property is determined by agreement between you or by the court in divorce and financial settlement proceedings. Apply for a spousal maintenance order and child support so that you can afford to leave the family home and rent somewhere until the long-term ownership or sale of the family home is decided. It is best to take specialist legal advice from a divorce solicitor before leaving the family home and moving into rented accommodation. It may be best to stay in the family home if leaving will disrupt the children or if your spouse will delay sorting out a financial settlement or the sale of the property. Alternatively, you may need a child arrangement order if there is a dispute over the living arrangements for the children when you or your spouse moves out of the family home.   You might also be interested in [related_posts]   Separating and cannot sell the family home. Most people would agree that it is a tricky housing market, so whilst you may have decided to separate or divorce, you may not be able to sell the family home quickly. You can be separated or divorced and still live at the family home, although for some, it won’t be a very comfortable experience. Even in the best situations where you are splitting up amicably, it can still feel as if you are in limbo with your life suspended until you can achieve the sale of the family home. One way to reduce the stress of waiting for the sale of the family home is to have a financial agreement in place. A separation agreement means you know who will receive what when the property is sold. Although you may have concerns about having to drop the property sale price, a fair financial settlement can still be reached if you agree to receive a percentage share of the net proceeds of sale rather than a fixed amount. That way, you are both protected, whether house values move up or down. In divorce proceedings, a financial settlement can be reached by agreement or after financial settlement proceedings, but in either scenario, you should obtain a financial court order that records how all your assets will be divided, including the equity in the family home, savings, and pension provision. If you are separated but don’t want to start divorce proceedings, it is still best to record the financial settlement that you have agreed to avoid one of you changing your mind about how much you should get from the sale proceeds when you have found a buyer for the house. A document, called a separation agreement, should be prepared to formalise the agreement reached.   Manchester and Cheshire divorce solicitors The team of specialist divorce solicitors at Evolve Family Law can help you with your separation and no-fault divorce proceedings, as well as child custody and contact, and reaching a financial settlement.   If you need family law advice, contact Evolve Family Law.   The Evolve Family Law offices are in Whitefield, North Manchester and Holmes Chapel, Cheshire.

There are no absolute right or wrong answers to what you should or should not do during a separation because your personal and financial circumstances are individual to you. However, our family law solicitors can offer general guidance about what it’s best not to do during a separation.   Contact Evolve Family Law Today for Expert Family Law Advice.   Why are you separating? The basis of your separation is relevant to what you should or should not do during your separation. That’s because if your separation is a trial separation, it’s important not to take any steps that mean it is less likely that you will get back together, such as: Not attending Relate or counselling sessions or telling your partner that they are a waste of time before you give the sessions a chance. Saying that you won’t go to individual counselling sessions. For example, to address anger management issues. Taking all the money out of a joint account without your partner’s agreement or advance knowledge. Refusing to pay towards household bills or child support (despite being in a financial position to do so) because you think that if your husband or wife finds it hard to manage financially without you, then the family are more likely to get back together Imposing an unrealistic timetable on the trial separation, for example, saying that your partner must decide if you are going to get back together or not within two weeks. Refusing to agree to contact arrangements with the children or not attending the family home for agreed contact with the children. Following your partner or sending numerous texts or social media messages so they end up feeling overwhelmed by you. Contacting your partner’s family or friends to try to get them to influence your husband, wife or partner to reconcile with you.   If your partner wants a trial separation, it is easy to feel angry about their decision if the news that the relationship is in trouble comes as a complete surprise to you, and to let your feelings sabotage the trial separation. Counselling and family law legal advice can help you resolve marital issues during a trial separation.   Family law advice during a trial separation Many couples going through a trial separation think that they should not seek specialist legal advice to explore their options. However, taking legal advice can be a sensible thing to do because it will help you determine if you or your spouse has grounds to initiate divorce proceedings and what the likely financial settlement and child care arrangements may be. That information may influence your thought process. Your consultation with a divorce solicitor is completely confidential to you. You do not need to tell your husband or wife that you have taken legal advice if you do not want to do so. They may have also taken family law advice and decided to say nothing about talking to a family law solicitor until you decide on whether you are going to be able to reconcile or not.   Warning signs during a separation If you are desperate to make a trial separation work and to reconcile with your spouse, it can be tempting to ignore warning bells. You should not do that; instead, you should seek legal advice. Warning signs include your husband or wife: Transferring large amounts out of savings or investment accounts. Taking out loans against the family home – this is especially concerning if the family home is registered in your spouse’s sole name. This can be prevented by registering a notice with the land registry. Asking you to leave the family home partway through the trial separation, or if it becomes apparent that they are planning to sell the family home. If the family home is owned in their sole name, there are steps that you can take to protect yourself. Selling assets or transferring property, such as shares in a family business, to a family member. Asking you to sign a postnuptial agreement. Starting to make plans to relocate overseas with the children. Any of these warning bells, or anything else of concern to you, means you should quickly talk to a family law solicitor rather than trust that the trial separation is a genuine attempt to repair your relationship whilst you both give one another space.   You might also be interested in [related_posts]   What should you not do if a separation is permanent?  If you know that your separation is permanent, or if a trial separation has not worked out, then it is often assumed that it is ‘no holds barred’ with divorce lawyers. However, divorce solicitors say that approach can be counterproductive and result in it being harder for you to reach an agreement over childcare arrangements or a financial settlement. If your separation is permanent, then generally you should not: Leave the family home before taking legal advice – it may be preferable for your partner to leave instead of you, or you may be able to get an injunction order requiring them to leave. Reach an agreement on childcare arrangements or a financial settlement without first taking divorce legal advice – that’s because if you agree to something that isn’t in your best interests during direct discussions with your husband or wife, it is then far harder to get them to accept a fairer childcare or financial arrangement. Stop contact between the children and the other parent because you are angry about your husband or wife’s behaviour. Contact should only be stopped after legal advice and if there are child care safety or other child-related issues. Feel rushed into starting divorce proceedings because of pressure from family or friends to do so. Start divorce proceedings without either you or your divorce solicitor first informing your husband or wife of your intention to do so. Unless the situation is urgent, it is usually better to inform your partner about the planned divorce proceedings, as this can help reduce animosity. It also makes it easier for you to reach a financial settlement or agree on child custody and contact arrangements. Every separation is different, and individuals react differently to a separation. That’s why there are no hard and fast rules on what you should or should not do if you separate from a partner or spouse. One of the best things that you can do is ensure that you are not rushed into making decisions and have the information you need to make informed decisions. A divorce solicitor can help you with that, whether your separation is a trial separation or a permanent separation.   How can Evolve Family Law help you?    The friendly and approachable divorce solicitors at Evolve Family Law talk to people who don’t know whether they want to separate or not, as well as to husbands or wives who are very clear that divorce proceedings are the right path for them. We can assist with: Preliminary consultations for those contemplating a separation. Initial advice on staying in the family home and injunction orders. Advice on short and long-term living arrangements for the children. Help with short-term negotiations on child support and spousal maintenance, and with a long-term financial settlement.   Contact Evolve Family Law Today for Expert Family Law Advice.   The Evolve Family Law offices are in Whitefield, North Manchester and Holmes Chapel, Cheshire. We also offer remote meetings by appointment via video call or telephone.

The short answer is yes; you can do probate without a solicitor. However, if you are an executor, you need to know what administering an estate involves to decide if you want to instruct a probate solicitor to administer the estate under your instructions. If you have questions about probate or about appointing a probate lawyer, our team of specialist private client solicitors are here to help. For probate advice call our specialist probate lawyers or complete our online enquiry form.   Applying for probate without a solicitor Any executor can apply for probate without instructing a solicitor. Sometimes, when the executor and beneficiary are the same person and the estate is small, the risks of acting as executor without a probate lawyer are low. In other situations, the risks and personal liability could be significant. If you are named as a joint executor in a Will, you can decide jointly with the other executors if you want to appoint a probate solicitor.  The fact that a solicitor was not appointed as an executor in the Will does not prevent you from instructing a lawyer. If you decide to apply for probate without a solicitor, you need to consider: If you have the time to act as an executor. Whether acting as executor will cause family friction. If you are prepared to accept the personal liabilities that come with an executor appointment. If you can cope with the additional stress at a time of bereavement. If you are applying for probate without a solicitor, there is a potential for an increase in time to administer the estate and distribute it to the beneficiaries. Time, worry and liability may all be non-issues for you if you are the sole executor and beneficiary of a small estate. We recommend that you speak to probate lawyers to get a quote so you understand what a solicitor is likely to charge, so that you can make an informed decision. At Evolve Family Law, we provide transparent information about our costs. Some information can be found here on the typical costs of probate services. For more information on costs, give us a call.   Who pays for a probate solicitor? The estate pays for the costs of instructing a probate solicitor. The costs are not the liability of the executor/s. The lawyer’s fees are discharged along with other debts, such as utility bills on the deceased’s home and funeral expenses. The estate pays the costs of the probate lawyer even though an executor, rather than a lawyer, was named in the Will. Most Will makers understand that their executors may elect to instruct a lawyer because their Will solicitor will run through the options with them.   The role of an executor An executor’s job is to administer the estate of the deceased. That involves: Ascertaining the deceased’s assets and the value of the estate. Checking to see if tax will be payable. Working out if there are any debts. Applying for probate. Completing a tax return and paying any tax. Selling or transferring assets so the terms of the Will can be implemented. Paying the debts. Dealing with any challenges to the Will, such as on the grounds of validity or because the Will did not make reasonable financial provision for a dependant partner, second spouse or other claimant. Sorting out any specific bequests, such as jewellery. Paying any legacies to beneficiaries. Creating estate accounts. Finalising the estate accounts by paying the remaining estate monies to the residual beneficiaries.   The 12-point list is long and can be daunting to some lay executors, especially as the law says that an executor is personally liable for any mistakes made, even if they are genuine errors. For example: Undervaluing the estate for tax purposes. Paying the wrong amount to a beneficiary. Not paying a debt that was due before distributing the money from the estate. Paying a residuary beneficiary too much from the estate. Not realising that some assets fall within the estate, such as jointly owned property owned by the deceased as a tenant in common with the co-owner. Facing complaints by a residuary beneficiary, such as a charity, that the money raised should have been more, as the sale of property or other assets was not handled correctly. Not understanding what to do when faced with someone challenging the deceased’s Will because they say the Will was not drawn up correctly, was signed under duress, was signed when the deceased did not have the capacity to sign a Will, or because the Will did not make adequate provision for them. Not paying HMRC the correct amount of tax. Some mistakes are easy to make. For example, not realising that inheritance tax will be payable or assuming that a beneficiary is liable to pay the tax. The issue for executors is that they can be held liable for the error. This can be a significant problem, especially where the executor is not the sole beneficiary of the estate.   The role of a probate lawyer If an executor instructs a probate solicitor, the lawyer sorts all the estate administration out for them or can agree to do the more limited task of obtaining the grant of probate and then leaving the executor/s to finalise the estate distribution. Although the executor appoints a lawyer, the executor remains in post. The executor’s job is to instruct the lawyer and authorise the actions they take. For example, the executor will formally approve the estate accounts prepared by the solicitor.  In the unlikely event that an experienced probate firm makes a mistake during the probate process, the executor has redress, as all qualified and regulated probate solicitors must adhere to standards set by their professional regulatory bodies and have professional indemnity insurance.   You might also be interested in [related_posts]   Taking probate legal advice The best advice for anyone thinking about dealing with probate without legal help from a specialist probate solicitor is to get advice on whether it is sensible to try. A good probate solicitor will tell you if probate is required and, if it is, whether there are warning signs to suggest that you will need legal assistance. Some key flags for taking probate legal advice include: The estate is likely to be liable to pay inheritance tax. The deceased owned their own business, either as a sole trader, partner in a firm or as a company director. The deceased has left all or part of their estate to charity. The estate has complicated assets in it, such as a buy-to-let property portfolio or overseas property. The deceased has left their estate to minor children, and there are trusts involved. The deceased had a complicated personal life, so there is an increased risk of an inheritance dispute or estate challenge. For example, the deceased left a separated or former spouse, unmarried partner, or children from different relationships, and there is a risk that the Will may be challenged on the basis that it does not contain adequate financial provision. The deceased had a complicated financial life with lots of investments and debts that will need to be sorted out before the estate is distributed. You will find the process of acting as an executor and handling the probate yourself too distressing during a time of bereavement. There is a risk that you will fall out with sibling executors or fall out with members of the family who are beneficiaries because they have unrealistic expectations of timescales and what a lay executor can do.   Talk to Evolve Family Law If you need help in deciding whether to handle a probate, give us a call to discuss the estate and your options. If you choose to ask us to handle the estate, we can take care of it entirely, relieving you of the stress whilst keeping you informed.   For probate advice call our specialist probate lawyers or complete our online enquiry form.

If you have inherited a legacy, whether it is a part share in a house or a cash gift, you are reliant on the executors of the estate to sort out probate, gather in the assets, and then distribute the assets in accordance with the deceased’s Will.   For expert Will writing and probate advice, call our team of specialist Will and probate lawyers or complete our online enquiry form.   The executors of a Will The executors of a Will are people chosen by the deceased to handle their Will. The executors could be family members, friends, or professionals, such as a solicitor, accountant, or the bank.   Appointing a probate solicitor   If the executors are friends or family of the deceased, then the executors can hand over a lot of the responsibility for sorting out the deceased’s estate by instructing a probate solicitor to administer the probate, the sale of assets, and the distribution of legacies to beneficiaries. Most lay people take this option as they are honouring the appointment made in the deceased’s Will, but not leaving themselves open to criticisms about delays in payment of legacies or problems with securing probate.   Problems with executors Here are some examples of problems that beneficiaries can experience with the probate process: A friend or family member appointed as an executor may not get on with the other executors or with the beneficiaries. This can lead to a lack of trust and frustration due to delays. The executor may say that they want to sort out the probate themselves without instructing a probate solicitor, leaving the beneficiaries fearing there will be a delay in sorting out the estate and the payment of legacies. The deceased may have appointed a bank as his or her executor not appreciating that the bank’s charges for handling the estate may be a lot more than a local Cheshire probate solicitor. The additional administrative charges might be an issue for the beneficiaries, as the costs of sorting out probate and administering the estate will be deducted from the estate before the remaining estate, after payment of any legacies, is divided between the residuary beneficiaries.   How do you remove an executor from a Will? If you think that an executor is not up to the job, or think that they are too slow, or maybe acting improperly, then a court application can be made. The court can make a wide range of orders, including an order to remove an executor. Cheshire probate solicitors usually recommend that you try to resolve the difficulties with an executor first before starting court proceedings. Sadly, that isn’t always possible. As a last resort, court proceedings can be started to secure an order to remove an executor.   You might also be interested in [related_posts]   Avoiding executor problems A specialist Will solicitor will discuss the choice of executors when preparing a Will because it is important that the executors are not too elderly or frail to be up to the task and will be able to work with one another. It is sometimes thought that it does not really matter who the executor is if the executors are going to appoint a solicitor to sort out the estate for them. However, it is still essential to choose your executors with care and to make sure that they are willing to undertake the task for you.   For expert Will writing and probate advice, call our team of specialist Will and probate lawyers or complete our online enquiry form.