Additional Help

We don’t just deal with Wills and mental capacity.  If you need additional help, we can advise you on all associated matters, issues and concerns.

Property Transactions

While you are planning for life, you might want advice as to how to own property jointly, or restructure the ownership of property due to separation or divorce.  We can advise on whether to own a property solely, as joint tenants or tenants in common, as well as Transfers and Declarations of Trust.

We can advise regarding transfers of property for either Inheritance Tax or Capital Gains Tax reasons, provide the relevant documents that will be needed and help you pay any tax that is due.

Where there is a property to sell in the course of the administration of an estate, we offer a bespoke service for you.   We also undertake cash purchases on behalf of clients who are purchasing property for investment reasons, wealth planning or as Trustees for trust matters.

Buying and selling a property is rarely easy or straightforward – there is always something that crops up that no one could have expected! However, we will do our best to keep it simple, take away the pressure and explain each step to you. e will know exactly what is happening with your conveyance so that you do too.

Our Property Services

We offer services to clients who are selling a property or are purchasing a property (or both).

The steps of a sale would include:

• taking full instructions and confirming costs and the procedure;
• assisting with the completion of all property information forms and details to be disclosed to the purchaser;
• provision of all title documents to the property to the purchaser;
• satisfying all enquiries raised by the purchaser;
• provision of the contract for sale and all associated documentation;
• exchange of contracts;
• arranging receipt of funds and payment of all third party costs and disbursements;
• assisting with the completion of the necessary transfer documents for Land Registry;
• completion of the transaction.

The steps of a purchase would include:

• taking full instructions and confirming costs and the procedure;
• advice with regard to searches of the land that would be required (which may include a Local Authority search, Water & Drainage searches and Environmental & Planning searches);
• requesting the searches required, reviewing the results and advising accordingly;
• raising enquiries with the seller’s Solicitor;
• review of all contract documents and advice and negotiation if required;
• review of all documents of title to the property;
• exchange of contracts;
• arranging for funds to be transferred;
• preparation of the necessary transfer documents for Land Registry;
• Completion of the transaction (including payment for property and settlement of all third party costs and disbursements);
• submission of the transfer documents to Land Registry and payment of any Stamp Duty Land Tax.

How long will it take to sell and/or buy a property?  How long will it take to complete other transfers?

The time that a property transaction or transfer takes to complete varies on each occasion.  Every property transaction is unique and so the length of time involved depends upon the individual circumstances.

A ‘typical’ or ‘average’ sale and purchase can take between 8 to 12 weeks from taking instructions to the completion (where money is paid in full and the transfer documents signed).  Registration of the property transfer with Land Registry can take a little longer (depending upon the Land Registry’s timescales).

It is always difficult to manage our client’s expectations in terms of time. We try very hard to be honest with you and tell you why there are delays or explain the issues we are experiencing.  We deal with a number of third parties throughout the entire transaction (solicitors representing other sellers and purchasers where the transaction is in a ‘chain’ of other sales and purchases, Estate Agents and Management Companies). These parties may be subject to their own delays which may be unavoidable and beyond our control.

We will keep you updated and will explain when there are problems or difficulties that may cause delay.  Our aim is always to make the transaction as simple and smooth as possible for you.

See our pricing information for details of costs and legal charges.

Creation of Trusts and Settlements

A ‘Trust’, sometimes also known as a ‘Settlement’ is a legal mechanism that is normally created to protect or ring fence assets or property for the benefit of specific people (Beneficiaries).  Trusts and Settlements can be created during your lifetime or on death through a Will.

Some of the most common types of Trusts are called Discretionary Trusts, Bare Trusts or Interest in Possession Trusts (though these are most commonly known as ‘Life Interest Trusts’).  Trusts may also be created if someone has received compensation as a result of accident, injury or medical negligence.

We can help you create Trusts for wealth planning reasons or the protection of assets.  We can also guide you through the workings of a Trust that has been created by Will.  We advise Trustees on the administration of a Trust matter, confirming how a Trust should operate and what the Trustees obligations and responsibilities are.  This is to ensure the Trust is being run within the law and the terms of the Trust or Settlement Deed.

Trust Registration

The law now requires that certain types of Trust or Settlement be registered with HM Revenue and Customs through their Trust Registration Service (TRS).  We can guide you through this process and refer you to specialist accountants who will also be able to help with any ongoing tax compliance.

Deputyships

If a person loses their mental capacity but they have not made a Lasting Power of Attorney document, appointing an Attorney to look after their interests, then the people who care for them will need to make an application to the Court to appoint a Deputy to look after their interests instead.

Making an application to become a Deputy is a complex process.  We can assist you with the application forms and the process, as well as helping you understand what the role and obligations of a Deputy are.

Once the application is complete, we can assist you with the administration and navigation of the challenges of being a Deputy on a daily basis.

To book an appointment to discuss how we may help you, please complete this form: