Lexcel accreditation ensures quality of service

FDC Law Solicitors are very pleased to confirm that they have passed their Lexcel audit for the 5th year running.    Senior Partner James Hollis says "We are delighted with the quality of service we can continue to provide our clients. Our Offices at Midsomer Norton, Frome and Keynsham all hold the Lexcel Quality Standard.

Lexcel means that all of our clients receive a comprehensive cost estimate at the start of their transaction and costs updates at least every six months thereby ensuring that no unexpected bills are received. We also commit to returning telephone calls and replying to correspondence in a timely manner so as to ensure that all transactions are progressed quickly and efficiently. This standard of service is only guaranteed by solicitors who hold the Lexcel Quality Standard".

The Law Society says "The Lexcel Practice Management Standard is only awarded to solicitors who meet the highest management and customer care standards and only 7% of firms nationwide have achieved the required standard. Lexcel accredited practices undergo rigorous independent assessment every year to ensure they meet required standards of excellence in areas such as client care, case management and risk management".

Head of Conveyancing and Partner Jonathan Wood says "Lexcel is just one of the awards and quality marks the firm holds. In August 2011 the firm was delighted to be one of the first to be awarded the Conveyancing Quality Mark which ensures all our clients receive the very best service possible, particularly as the Quality Mark was only introduced in January 2011".

The Law Society says "All accredited firms should be congratulated for their achievement. The application process is thorough and all those firms who achieve the Conveyancing Quality Mark Status have shown that they have what it takes to achieve and maintain high professional standards as well as delivering excellent customer service".

Senior Partner James Hollis comments "Our staff have worked very hard to achieve these Quality Standards. We pride ourselves on the level of service we provide to our clients.  In the current market with competition from online service providers and supermarkets, these Quality Standards set us apart from the faceless approach of our competitors. We will continue to meet our clients face to face, whenever and wherever they need us.  This is the service that clients of FDC Law enjoy everyday".

Why Should I Write A Will?

Last month, saw National Write A Will week, an event aimed at promoting wills and highlighting the importance of ensuring that when an individual dies, they have a clear will which sets out how they would like their assets to be dealt with.

Statistics show that about 30 million people in Britain still don’t have a will – about 70% of the adult population according to Unbiased.co.uk, a Financial Advisor’s website.

So why is it so important to have a will? 

There are a number of reasons and, perhaps, one of the most obvious, is that at a time when your relatives and dependants are grieving, having a will makes life easier for them.

If an individual dies without a valid will, their assets will be distributed according to the law and not according to the deceased’s wishes. Two high profile cases which highlight this issue are those of Jill Dando and Stig Larsson, the author of The Girl With The Dragon Tattoo. Both died without leaving a will and their estates were therefore inherited by their fathers and not by their partners.  Of course, this may have been their wish but the advantage of a will is that it would have been quite clear what  their wishes had been.

If you are married with children, one might assume that all the deceased’s assets would go to their spouse on death.  However, it is worth noting that, in England and Wales, if the estate is worth more than £250,000 the spouse would only get the first £250,000 and a life interest in half of the remaining estate, which means that they will not be able to dispose of it or spend it but they are entitled to the interest.  The remainder of the estate would go to the children.  However, if the estate is worth less than £250,000 the children would get nothing.

Even more startling is that, if you are not in a civil partnership or married, your partner will not inherit at all under the intestacy rules.   Following a similar theme, if you have separated but not divorced, your ex-partner will inherit the first £250,000 of your estate under the law.  If you do not have children or are single, various family members can take their share of the estate and, if no-one claims it, then the Government takes everything.

Tax planning is the other important issue.  Inheritance Tax is currently 40% but it is known as the “voluntary tax” because, in reality, it is often possible to get out of having to pay it with proper planning.  Anyone who dies with total assets of more than £325,000 could leave their family with a tax liability but if you leave your assets to your spouse or civil partner, no tax is payable.  Also if you want to avoid tax and leave money to your children, legal advice can be sought about setting up a Discretionary Trust.

When the overall costs of making a will are taken into account - relative to the assets that it will deal with - it remains a puzzle as to why more people do not make wills.  November is Will Aid month when more than 1,000 solicitors across the country, including FDC Law, will draft wills in exchange for a charitable donation.  Will Aid is another example of promotions which take place to try and highlight this issue to the wider population.

At a more local level, FDC Law, are continuing to help people understand the issues at hand and, most recently, Darrell Collins, partner with FDC Law, attended a “Goodwill Event” at St. Francis’ Church in Keynsham, where she spoke to an audience about the issues involved in drawing up a will.

If you want to find out more about making a will, please contact any of our offices or submit a request for further information using the “contact us” page on our website

Householders warned about trust fund sales

Doorstep Selling = no!

Local residents are being warned about doorstep callers offering to set up trust accounts to protect family assets against future care costs. One legal services company based in the East of England, has had representatives calling on households in Longwell Green, Warmley and Kingswood selling a scheme aimed at  ensuring the house and other assets are passed on to the children and not used to pay residential care costs if  they become unable to look after themselves in old age. While there is nothing illegal in the services being offered, the costs are high (some clients have been asked for advance payments of over £2000) and, depending on the circumstances, the schemes can have more drawbacks than advantages.

Darrell Collins, a partner at Keynsham solicitors FDC Law and a private client specialist warns that setting up a Trust Fund during someone’s lifetime is not only an expensive and complex option, it also means residents no longer own and have control over their homes. She also explains that tax liabilities can be passed on to the children. “I would never recommend anyone to buy anything as important as this from a person who knocks on your door. You should always go to a solicitor for such specialist advice, ideally a Member of Solicitors for the Elderly (who specialise in advice for elderly clients) and/or a STEP member (Society for Trusts and Estates Practitioners).  While setting up a Trust Fund can cost between £2-3000, there are simpler ways to protect your house against care fees which cost a fraction of that.   A Trust can be set up during the client’s lifetime transferring the family home into a trust to protect it from care fees but this is a more complex option which many of our clients choose to avoid as the cost of setting up such an arrangement, the lack of control over the family home once it is placed into trust, and the ongoing administrative costs often prove prohibitive.”

Another option is to set up a simple trust in the client’s Will. By placing the trust in the client’s Will, the client is free to continue to use the property during their lifetime and will not suffer any negative tax implications during their lifetime or any problems with loss of control of the asset. Rather than costing thousands of pounds to initially set up and run, this option would normally cost less than £300.”  

If you want to find out more about this or arrange an appointment to discuss the options get in touch with FDC Law in Frome, Midsomer Norton or Keynsham.

D.I.Y. Probate – a botched job??

Is DIY always the best way? Is DIY always the cheapest way? It’s a question that is being discussed more and more in the legal sector.

In the past, if an individual needed a will or someone to deal with the estate of a loved one, they would approach a solicitor for assistance. However, now, more than ever, there are other avenues open such as approaching banks, will writers or even retailers (such as the Co-op) etc. Individuals can also try and run an estate themselves.

It is possible to apply for Probate and deal with an estate without seeing a lawyer but, as with all things in life, this approach is not without risks – risks that legal group Solicitors for the Elderly recently highlighted.

Like all things in life, a proper assessment of the risks involved is required before setting out to deal with an estate otherwise mistakes can be made and significant, and unnecessary, costs incurred in the future.

One of the things that the SFE pointed out is that they have noticed an increase in individuals who have initially tried to deal with a probate themselves but then turned to them for advice when they have made a mistake or found the paperwork too tricky.

The SFE highlighted an individual, Mrs. A, whose will had included a tax saving trust but when her husband dealt with the estate, he paid the whole estate to himself. The solicitor who he eventually approached was able to sort out the matter and avoid future complications occurring when Mr. A eventually dies.

They also highlighted the case of a Mr. G. who sold some shares that had made a gain during the administration of his late sister’s estate and had to pay tax. If he had known and had transferred the shares to himself, before selling them, he could have avoided that tax.

Darrell Collins, local SFE member and Partner with FDC Law, says that, "People are not always aware of the complexities and assume that the Probate work will be quite straightforward. It is true that it can be, but it is just as true that sometimes it isn’t. In all but the more straightforward of cases, it is important to seek timely specialist legal advice that can actually save you money and worry.”

If you would like more information on these issues or help with the administration of an estate, please contact us or call our office at Frome 01373 465051, Midsomer Norton 01761 417575 or Keynsham 0117 916 1088.

Midsomer Norton - blooming again

In this day and age when there are reports of constant pressure on town centre retailers from out of town developments and supermarkets, it seems more important than ever to ensure that our town centres are attractive places to shop and spaces to enjoy.

One of FDC Law’s offices is on Midsomer Norton High Street and, recently, we have been pleased to notice - and also help with - the work that has been going on to make the town centre more attractive and which, so far, has been very successful.

There have been a number of initiatives, not least the work to recover and reshape the town’s river bed which required a significant amount of mud being removed and the planting of lots of shrubs, herbs and flowers along the new river course - a big improvement, as we are sure that anyone who has recently visited the town centre would agree.

Work has also taken place with local retailers and the Chamber of Commerce resulting in hanging baskets being placed all along the High Street and a lot of effort has been made to improve the floral displays at The Hollies’ garden display in the centre of town, work that was sponsored by FDC Law.

All of this activity work will hopefully result in an entry for South West in Bloom 2011, for which we wish the town well.

FDC Law - New office now open in Keynsham

We are very pleased to have recently expanded our operations to include the busy market town of Keynsham on the outskirts of Bristol and are very excited to have the opportunity to become part of the town. Ben Whelan the Partner who is heading the new office lives locally and knows Keynsham well.

We have been considering opening an office in the town for a little while as we believe it is a town that deserves a wide a range of High Street services and we think an additional firm of solicitors can be of real benefit to the people of Keynsham.

The office is able to deal with enquiries from both individuals and businesses across a wide range of legal services including: residential and commercial property, wills, trusts and probate, family, elderly client, personal injury, employment and general litigation.

We already help clients from the area from our existing offices in Midsomer Norton and Frome but now hope to become a firm fixture on Keynsham High Street.

The office opened at the beginning of June 2011 and we have already had a very positive response from local people and businesses. We will be having a launch party but as the holiday season is now well under way, we will be holding the event in early September and hope as many people as possible will be able to come along to the office to meet our people and find out more about FDC Law. Full details of the event will be announced nearer the time.

For more information on the firm please contact 0117 916 1088, visit 60A High Street, Keynsham, or see our website.

No Will.

At a time when the newspapers buzz with austerity measures and belt tightening, it might come as no surprise to find that recent research indicates that over half the population has no will.  But then, as a population, we are supposedly becoming more financially aware, particularly as over the last quarter of a century, house ownership has continued to increase, along with house values, meaning that the consequences of dying without making a will can have serious financial implications for ones heirs, particularly from a taxation point of view.

The research, which was carried out by Standard Life, found that nearly two thirds (60%) of 35-44 year olds did not have a will whilst two fifths (38%) of 45-54 year olds, a third (32%) of 55-64 year olds and more than a fifth (22%) of over 65 year olds were also without a will.

Interestingly enough, the main reason given for not having a will by those who took part in the survey, was simply not having enough time or getting around to doing it.

The research also found that nearly a third of those who did have a will had not renewed it in the past 3-7 years, with 1 in 10 not having reviewed their will in over a decade, despite changes to the Inheritance Tax rules being introduced in 2006 and 2007.

When considering whether you should make a will, there are various issues to consider, not only the additional potential burden and stress put on grieving family members, but also the additional costs and legal fees in untangling estates and potentially incurring higher inheritance tax bills.

When weighing these issues against the actual cost, both in time and money, of visiting a qualified lawyer and getting a properly executed will, it seems like a relatively straightforward decision.

If you would like to talk to FDC Law about either making or updating a will, then get in touch with us for an initial, no obligation, chat about how the process works.

FREBA (Frome Rotary Education Business Alliance)

Last month, FDC Law took part in a mock interview day at Frome Community College. Brian Noctor spent a day at the College taking part in student interviews together with the Store Manager from Asda in Frome.

The event was organised by FREBA (Frome Rotary Education Business Alliance), an informal alliance between education, in the form of Frome Community College, and local businesses, with Frome Rotary Club in a facilitator role.

Frome Rotary Club works with Frome Community College to promote business links within the area and, specifically, in trying to provide work experience placements for the students and to give them a glimpse of a real business environment through mock interviews and work experience.

In March 2010, the 350 students in Year 10 were invited to submit job applications and from these 100 students were selected for interview. Students were interviewed by panels of 2 interviewees made up of local employers.

Each student underwent a 50 minute interview followed immediately by a feedback session in which they were able to discuss their reactions and feelings towards the interviews.

It was a very worthwhile and enjoyable day and really encouraging to see how positively the students engaged with the programme. It was also clearly evident that each of the students benefitted from the experience which, hopefully, will help to equip them to deal with their real life interviews in the not too distant future.

At FDC Law, we have always recognised the importance of engaging with local school groups and over the years have given work experience places to students at schools in both Frome and Midsomer Norton and university students from the local area who are looking to work within the legal sector. In 2011, we have already confirmed work experience placements to 3 students over the summer months.

Hopefully, the mock interview programme will continue over forthcoming years as this is a very worthwhile addition to the students’ educational programme, particularly for those that may be entering the jobs market in an uncertain economy.

Why use a specialist Solicitor?

Teams to support you.

There are many reasons why, when seeking legal advice, it pays to not only use a solicitor, but a specialist.

Some people may think that the importance of using specialist solicitors, rather than a general practitioner, is often over emphasised, but here at FDC Law, all of our legal advisers are organised into specialist teams that only deal with certain types of work, such as property matters, litigation or family issues. The importance to our clients of having specialists who are fully conversant with all areas of their particular field of law was again highlighted recently when one of our probate specialists dealt with an estate where a hefty inheritance tax bill was due on the death of the client. In the Will, the individual left her entire estate to her elderly sister but the Will stated that if the sister died before her, the whole estate should pass to charity. Upon checking the sister’s Will, it was noted that, on her death, all her estate was to pass to charity also.

Looking at the broader picture, we were able to offer the sister the opportunity to vary the terms of her deceased sister’s Will and thereby saving her estate hundreds of thousands of pounds. By varying the Will to leave some of the estate to charity now, she was able to reduce the estate below the tax threshold so that neither estate would pay tax.

In due course, this could have saved hundreds of thousands of pounds for the charities due to benefit, and the client was very pleased that we had raised the issue with them.

Of course, a ‘Will writer’ or general practitioner may also have identified this issue but the more you know about a given subject the more likely it is that more complex issues that do not arise every day will be identified.

Whatever your legal requirements, we are confident that FDC Law can help you so why not get in touch with us for an initial consultation?

Empty Property business rates relief reduction - April 2011.

The newspapers continue to be awash with stories of austerity Britain, budget cuts and belt tightening.

The barrage of information on the drastic action needed to cut budget deficits and government borrowing and the current politicking and positioning can make it difficult to work out what will or won’t actually happen.

One thing however that will definitely be happening - that will affect those businesses that hold empty properties - is the imminent reduction in the Empty Properties Business Rates relief. The Department for Communities and Local Government (the DCLG) has confirmed that, with effect from 1st April 2011, the exemption threshold for Business Rates Relief on empty non-domestic properties will be cut back to £2,600, as originally planned.

It will still remain the case that Business Rates are not payable on empty non-domestic properties with a rateable value below a certain threshold. However, the current level of £18,000 (which the Government temporarily increased for the year 1st April 2010 to 31st March 2011) will now return to the lower rate of £2,600.

The obvious result of this will be that fewer empty non-domestic properties will be exempt from Business Rates and businesses with empty properties, perhaps as a result of office closures or downturns in business, will face the unwelcome prospect of having to find extra money to pay Business Rates again from 1st April 2011.

In view of the current state of the economy and difficulties faced by businesses during the downturn, many industry insiders had hoped that the threshold would not be reduced just yet.

If you would like more information on the impact on this change, please contact a member of FDC Law’s Commercial Property Department.

Wills, Charitable Giving & Tax - it's more important than ever to get good advice

Many people may be aware that leaving a gift to charity upon their death will not be subject to inheritance tax. More people are also becoming aware of the benefits of agreeing to Gift Aid in respect of donations made from their income.

However, as charities are also feeling the adverse effects of the country’s current economic plight, for those people who are minded to, there are options available where you can benefit your favourite charities other than on death and which may also have beneficial consequences for your own tax position.

Making a cash gift holds no taxation consequences for either the recipient or the donor, and similarly, people with share portfolios could consider transferring the shares directly to a charity as, under current legislation such a gift would not be subject to Capital Gains Tax as a disposal by the individual - it would also provide income tax relief. It's worth bearing in mind, however, that if the shares would create a loss in the hands of the individual, such loss cannot be claimed on a transfer of shares to a charity.

Of course, if you are thinking about making any gifts you should always consider your own personal finances and whether you can afford to make a gift and this is especially true for those who are either receiving care at home through a Local Authority or are already in residential or nursing home accommodation. Any person considering a substantial donation should seek advice from their solicitor.

At FDC Law our specialists are always available to discuss any of these issues.
For more information contact us via the website.

FDC Law talks to BBC Radio about legal aid cutting by Government

Divorce and separation are never easy, but they could be about to get a lot harder.

Under plans contained in the government’s Green Paper on Legal Aid, Legal Aid will cease to be available for anyone seeking a divorce, or to resolve issues relating to children or finances following a separation, save in very limited circumstances, where children are at risk of being taken into Care, or where there are high levels of Domestic Violence.

Marjorie Taylor, head of the Family law department, spoke to BBC Somerset’s Matt Faulkner, on Tuesday 8th February, about the impact of the cuts:

For more information on this story, click here:

Charities highlight Will-Writer's shoddy Wills

A survey of over 50 charities by Remember A Charity found unanimous support for the regulation of the will-writing sector as a third of those surveyed had experienced “negative impacts of the sector not being regulated”, such as loss of income, whilst poorly drafted wills had given 53% of them problems.

As a result, 52% of charities had had to engage solicitors to sort out the problems and 48% reported that the time to get the money was significantly increased. The survey also found that a third received a smaller than expected legacies and 11% lost the legacies entirely.

Remember A Charity is part if the Institute of Fundraising, with a separate membership of over 140 charities, including 9 of the top 10 charities by voluntary income. The survey was conducted as part of Remember A Charity’s response to the Legal Services Consumer Panel’s call for evidence as it investigates the need for regulation of the sector.

The House of Commons has produced a paper on the regulation of will-writers to assist MPs in the debate. The paper can be found here.

If you need help with your Will, please get in touch with FDC-Law via our website.

Does my divorce mean I am a failure?

This question hits a very raw nerve for many people facing divorce. Marriage, we were always taught, is for life - otherwise why bother getting married? So when it doesn’t last a lifetime, it seems someone must be to blame. “Maybe it’s me. Maybe I should have spoken up earlier. Maybe I should have seen it coming. Maybe I was too passive, too bossy, too preoccupied. Maybe I’m just useless at relationships.” Sound familiar?

Collaborative Law

There are all kinds of other mishaps in life that we easily forgive ourselves for, but the prospect of divorce can press all our self-blame buttons. Why?

Recent research conducted by a collaborative family lawyer into what marriage means to us discovered that it cuts across all the key reference points we use for conceptualising our world and our place within it. It contributes to our understanding of ourselves and others in legal, moral, emotional, political and developmental terms. You don’t even have to like or approve of marriage for it to hold this level of impact. In fact, not liking it indicates its power just as much as liking it does.

Now, if we take just one of those domains - moral - and remind ourselves that our cultural history is steeped with the notion that marriage is good - so divorce, therefore, is bad - it instantly becomes clear why your divorce is making you feel you’re suddenly living on the wrong side of the tracks, whether it was your choice or not. This is a feeling, remember, not a thought. Rationally you may know the relationship was irreparable, going nowhere, over. But this isn’t enough to dispel those gnawings of primitive, reactive guilt and sense of failure.

It might surprise you to know that Collaborative Practice takes all this into account. Whether the person you’re working with is a Family Consultant (Counsellor/Psychotherapist), a lawyer or a financial adviser, they will be listening to what’s happened, how you feel about it and what you need, but never judging you. Those moralising days are long gone. This holistic interdisciplinary approach just focuses on helping you achieve whatever it is you need to build the best future for your children, yourself and your ex, emotionally, practically and financially.

It can be a tough challenge, but if by working together your divorce can be kept out of court, that’s a success, not a failure.

I urge you to find out more about Collaborative Family Practice by contacting Marjorie Taylor or Andrea Boutcher here at FDC Law, or any of the other specially trained collaborative lawyers in B&NES , Somerset & Wiltshire, who are willing and able to assist you. Full details and names of all local Collaborative practitioners can be found on the website http://www.collaborativefamilylawyers.co.uk/

A better divorce?

Collaborative Law

24th January 2011 saw the start of Collaborative Week 2011, an initiative by collaborative family law practitioners to raise awareness of collaborative law in the UK.

Collaborative family law is a fairly new process on offer to separating couples, which aims to allow them to sort out their differences more amicably and less confrontationally in a series of meetings with the separating couple and their lawyers - and without the need to go to court.

To mark the launch of Collaborative Week 2011, family consultants and financial planners in the Bath and North East Somerset area have come together to raise awareness of collaborative law.

A photo and video shoot took place in the middle of Bath’s prestigious Queen Square, where the practitioners prepared a visual comparison between divorce by litigation and divorce by collaboration.

The promotion built on the Collaborative Week’s campaign image of frayed rope, ready to snap, with the message “Divorcing – Where Do You Go From Here?”. They have also produced a short video which shows how the tug of war of traditional litigation compares with the round table approach of collaborative law.

You can also find out more about collaborative law here: FDC Law : Collaborative Week 2011 where Marjorie Taylor and Andrea Boutcher, collaborative lawyers with FDC Law at our Midsomer Norton and Frome offices respectively, explain a little bit more about the promotional week and the service itself.

"Can't take it with you” (Wills)

Last Friday, 14th January 2011, saw the start of a new BBC series.

Make a Will

The 6 part series titled “Can’t Take It With You” aims to explore the complex issues that can arise when drafting a will.

Here at FDC Law, we have been highlighting the dangers of dying without making a properly drafted will for many years and it is encouraging to see a serious and entertaining piece of television addressing this issue.

The programmes are hosted by Sir Gerry Robinson in conjunction with Sue Medder, a wills solicitor and partner with Withers.

The first programme highlighted the difficulties that can be encountered, and the emotions that can be raised, when making important decisions about who will benefit from an individual’s estate on death. The programme was particularly concerned with two issues – one, the conflicts over charitable giving and, two, the complexities that can arise when considering beneficiaries after second marriages.

Two couples featured and of the first couple, Lesley wanted the leave half the family home to charity but her husband, David, wanted it all to be left to his two sons from a previous marriage.

The second family, saw army Major Tom, who was on route to Bagdad, wanting to make a will that included his two step daughters while his wife, Keira, was against the principle of inheritance and wanted everything they jointly owned left to charity.

The programme made for interesting viewing with both couples needing to face some uncomfortable home truths before they made their decisions.

The episode also contained a section where potential executors under the wills were gathered together in a room over dinner to discuss the various issues. This section highlighted the careful consideration that needs to be given when choosing executors and, following some frank exchanges during the dinner, David ended up changing his original decision on who would be the executors under his will.

Deciding who gets what in a will can be one of the toughest decisions anyone has to make but this programme also highlighted the clear dangers in not making appropriate provisions before death and the implications that that could have on the families left behind.

If the first episode is anything to go on, the remaining five programmes will be well worth watching.