Do you know what would happen to your loved ones, if something happened to you?

Recent research by the Law Society showed that over 50% of British adults don’t have a will. 

Many people feel that they do not need a will, either because they feel they have little, if anything, to leave, or because they believe that their assets will go automatically to their family. Unfortunately, this is not always the case, and even if you don’t have much to leave, leaving a will can make life much easier for the people you leave behind.
Did you know, for instance, that if you don’t leave a will, and don’t have close family, that your estate could end up passing to the government?  In 2013, over £8M went to the government as a result of people not leaving wills.

Nearly a quarter of those surveyed for the Law Society’s research wrongly believed that their possessions would automatically go to their family if they died without making a will. As families become more complex, however, this is not always the case. 

Making a will need not be expensive or frightening. It can be a great comfort to the people you love to know that they are following your wishes in dealing with your assets, and having a will means that you can chose what you want to happen to your possessions when you are gone. 

FDC Law Partner Darrell Collins explains “People are often reluctant to think about making a will, as they don’t like to think about the possibility of dying, but it is a very positive and caring thing to do, to ensure that the people you love are looked after when you are gone” she continues “we can also help with advice about tax, care fees planning and estate planning, to help ensure that your estate doesn’t pay unnecessary tax , and that your possessions are passed to the people or organisations you wish to benefit.”

Andrew Caplan, President of the Law Society, said, “Dying intestate not only means your final wishes will probably go unheeded, but the financial and emotional mess is left for your loved ones to sort out. This need not be your final legacy. Making a will is usually a very simple process but we urge people to use a qualified, insured solicitor because he or she will be able to spot the nuances that could lead to trouble later on if not properly addressed.”

Here at FDC Law, our experienced  Private Client lawyers can help you ensure that you don’t leave that legacy of uncertainty or distress to your family. Contact our Private Client department for friendly, expert advice to help you make your will. If you do already have a will, it is sensible to consider whether it should be updated to reflect any changes in your circumstances or family life.

Darrell Collins  comments  “At the end of a will meeting nearly every client says ‘That was easier than I thought. I feel a lot better now’. It really is easier than you think.” 

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Fixed Fee Divorce

As part of our ongoing policy to make our costs open and easy to understand, FDC Law now offers a fixed fee divorce service.

The new service allows you to budget for your divorce, as you know from the start what you will need to pay, and when you will have to pay it.

Family Department head Marjorie Taylor explains "we hope that this new service will allow people to feel more comfortable coming to see us about a divorce or dissolution of their civil partnership, knowing that the costs will be clear from the start"

"We are able to offer all the benefits of a local office, face to-face meetings with the solicitor or legal executive dealing with your case, and direct contact, together with the certainty of knowing what your divorce will cost"

More details are available in our downloadable leaflet (here - 123 KB)

In addition to the Fixed Fee service, our popular 'Pay As You Go' option , allowing you to carry out as much of the work as you feel comfortable with, remains available. This service allows you to keep costs down by dealing with straightforward issues and routine correspondence yourself, while providing the security of expert advice available as and when you need it.

And of course, if you prefer to leave everything in our hands, we can deal with all aspects of your divorce, separation or any related issues.

Contact us for more information or to make an appointment

Changes To Intestacy Rules – But Do You Know Where Your Money Would Go?

The law about intestacy (what happens if you die without a will) is changing today, but you may still be surprised to learn who would (and who wouldn’t)  be entitled to inherit if you don’t leave a will.

If you are not married to your partner, he or she  won’t automatically get anything if you die without a will, for instance.

Image courtesy of FrameAngel at FreeDigitalPhotos.net

The key changes to the law are in relation to the estates of married people.

Where someone is married , but childless, at the date of their death, their surviving spouse/civil partner  will inherit everything.  Under the old rules, the surviving spouse would get the first £450,000 with anything over that amount being shared between the spouse, and the deceased spouse’s parents or other blood relatives.

Where someone is married with children, the new rules provide for the surviving spouse / civil partner to receive the first £250,000 of the estate, plus half of anything over that amount. The remaining assets are then shared equally between the children, although the do not get the money until they are 18. In the past, the surviving spouse would get only a life interest (use if income from the money, but no capital) on their half of the money over £250,000.

In both cases, this includes a spouse to whom you are married at the time of your death, even if you were not living together. (They would not inherit once any divorce has been finalised)

The new rules also aim to make it clearer what personal items (“Chattels”) go to the surviving spouse and which have to be sold to form part of the estate to be shared.

If you are not married, then there is a ‘pecking order’ showing who will inherit your estate, with each level only inheriting if you leave no one who is a member of the previous group.

1. Children or their descendants

2. Parents

3. Brothers or sisters or their descendants

4. Half siblings or their descendants

5. Grandparents

6. Uncles and/or aunts or their descendants

7. Half uncles and/or aunts or their descendants

8. Whole estate passes to the crown

For many of us, and particularly for those who live together but are not married, the intestacy rules are very different to the way that we would want our assets to be shared out after we die, so it is very important to make a will to ensure that your assets go to the people who you want to have them.

Research suggests that almost 60% of adults in this country don’t have a will, yet it is one of the most important things you can do to ensure that you loved ones are secure, and that your assets and property is given to the people you want to have it, when you are gone. Like buying life insurance, it need not be expensive or complicated, but can mean  the world to your family when you are gone.

Why not contact one of our friendly, expert advisers to discuss your wishes?

Darrell Collins and Susan Haines are based at our Midsomer Norton Office and also cover Keynsham, James Hollis and Naomi Hill are based at our Frome Office. Call or e-mail to make an appointment.

We can talk you through your options and advise you on how best to ensure that things are dealt with as you wish.

Making a will also allows you to control how money is used for the benefit of your children or other dependants, including how it can be used for their support, if they are still under 18. We can also advise you about how to manage potential tax liabilities, and the risks of becoming too ill to manage your own affairs.

Frome Carnival - A Fun Day Out

Last weekend saw the 2014 Frome Carnival - as you may have seen from the website, FDC Law has been a supporter of the carnival or many years, and this was no exception!

James Hollis and Jo Chapman selling programmes

Regular Carnival-goers will be used to seeing FDC's senior partner, James Hollis at the carnival, selling programmes. This year he was joined by Jo Chapman, who is a secretary within the Private Client department, and her daughter. 

We look forward to next year, and would like to offer congratulations to all who took part,and in particular to those who won their classes.

Sponsorship in our Communities

FDC Law is proud to be a local firm, with deep roots in our communities, and we feel that it is important to show our support for local events  and groups. 


If you follow us on Twitter or Facebook, you may have seen news of some of our current activities.


We are sponsoring a barrel at the Wessex Beer Festival, which takes place on next weekend, 5th and 6th September, at the Court Hotel in Chilcompton. We are looking forward to having a (responsible, of course!) taste of the Amethyst Bitter we have sponsored, and to meeting more of our friends and neighbours.


On a, perhaps, healthier note, we have also joined in Welton Rovers FC's  'Sponsor a seat' initiative, as well as purchasing advertising space at the ground. Look out for head of the Property Department, Jonathan Wood at matches.


 In Frome, we are long-term supporters of the Frome Carnival -this year taking place on 20th September - Senior Partner James Hollis can often be seen selling programmes on the day, and of the Cheese Show


In Keynsham, we have supported the town council in planting flowers and hanging baskets, and are sponsors of the Winter Festival and of the  Music Festival. 

Other events we have been involved with have included the Midsomer Quilting exhibition at Radstock Museum, Midsomer Norton carnival's Community Festival

While we cannot respond to every request for sponsorship or support, we do feel it is important to take an active role in supporting local events. 

If you are involved in organising a local event and wish to ask us about becoming involved, please contact our Practice Manager, Steve Hale, with the details of the event. Even if we are not able to provide financial support, we may be able to help publicise your event via our websites or by displaying posters in our office windows.

Are you about to buy your first house?

According to new figures released by LSL Property  Services, the number of first time buyers has risen by around 27% in the past year, with around 30,000 more people buying their first home in the first half of 2014, than in the same period last year. 

These first time home–owners are helped,  perhaps,  by the current low interest rates, and the government’s ‘Help to Buy’ schemes, which can help first time buyers with smaller deposits, although around 40% of first time byers get some help closer to home, from parents or other family members.

The average first time buyer will have put down a deposit of around £26,000 and be borrowing in the region of £120,000, although there are of course big variations across the country.

If you are buying your first home, or indeed if you are moving house, contact  Stuart Roxborough orJonathan Wood  at our Midsomer Norton office, Helen Middleton or Margaret Grant at our Frome Office, or Jayne Wells at our Keynsham office, for independent, expert advice and to guide you through the process.

Only a Quarter of Personal Injury Victims make a Claim

We often hear politicians and journalists talking about a ‘Compensation culture’, but recent research has shown that only around a quarter of people who suffer a personal injury go on to make a claim against the person or organisation responsible.

In many cases, this failure to claim is because they did not think that they would be entitled to claim, or that they assume that the claim would be of little value.

Of those surveyed who had made claims, around 13% had stated that they had not originally planned to claim, which suggests that they may not have understood their entitlement before taking advice.

Of course, no-one wishes to encourage frivolous or undeserving claims, but if you have been hurt in circumstances where you were not to blame, it makes sense to check whether you are entitled to compensation (which can include compensation for losses suffered as a result of the injury, such as lost earnings, repayment of expenses incurred, etc)

At FDC Law, our Litigation department is able to provide advice on all types of personal injury claims (including claims for Clinical Negligence) If you have been injured within the past 6 years, and are not sure whether you are entitled to claim, or if it is worthwhile doing so, contact Ben Whelan at our Keynsham office (also covering Midsomer Norton) or David Gazzard at our Frome Office,  to discuss your options

.

We offer a free, no obligation initial discussion and if it appears that you do have a claim, we will  discuss with you all possible funding options. We are usually able to offer a no-win, no-fee option

The Risks of Unregulated Will-Writers

You may have seen news reports recently that a Will-Writer,  Keith Webber, has been ordered by a court to repay over £360,000 he stole from the estates of his clients. Webber was also convicted of fraud and theft and given a 5 year prison sentence. 

Unlike Solicitors, who are subject to very strict regulation, will-writers and other non-lawyers dealing with the preparation of wills and the administration of a person’s estate are completely unregulated, which can leave clients high and dry if there is negligence or dishonesty by the will-writer, or even if the company simply goes out of business.

In Webber’s case, if he repays the money as ordered, the beneficiaries of the estates from which money was stolen will eventually receive their inheritances.

Had  he been employed by a solicitor, it is unlikely that he would have been able to continue to defraud clients in this way – for instance, at  FDC Law, we  have strict internal policies to ensure that files are reviewed on a regular basis, which would make it virtually impossible for a worker to steal from clients in this way. In addition, as part of the our LEXCEL accreditation we are audited annually by an independent  expert and, like other solicitors, have insurance which would ensure that victims would not be left out of pocket even in a worst case scenario.

If you would like to make, review or update your will, please make an appointment to see Sue Robertsor Naomi Hill at our Frome Office, or Darrell Collins or Susan Haines at our Midsomer Norton orKeynsham offices

TAX AVOIDANCE – A SOCIAL EVIL?

The current climate is enormously hostile to tax avoidance.  Everyone will have seen the recent high profile cases where there have even been calls for celebrities to lose their honours awarded by the Queen for charity work after acting on advice from their tax advisers in schemes to reduce tax liability.

Partner Darrell Collins explains, however, that there are still lots of things that you can do to legitimately to save tax, using the existing exemptions and allowances available to you and with a bit of simple good advice you can safeguard your family’s financial future without inviting the wrath of the Revenue.

The Courts have said in the recent case of Pit v Holt “artificial tax avoidance is a social evil which puts an unfair burden on the shoulders of those who do not adopt such measures”.

However, we live in a world where the National Audit Office reports that revenue raised by inheritance tax to March 2013 was £3.1b. There are legitimate straightforward steps that can be taken to limit liability for inheritance tax.  In the last few years there has also been increasing emphasis on the payment of Capital Gains Tax and this is of increasing relevance for those who wish to protect their property from being used to fund care fees.  The good news is that, in the right circumstances, your home and your family’s future can be safeguarded from heavy tax penalties.

For more information about tax planning contact Darrell Collins at our Midsomer Norton office on 01761 417575.

Same Sex Marriage, The New Law

We have of course had Civil Partnerships, (sometimes known as ‘gay marriages’) for 10 years, but now the law has changes to introduce full marriage equality for LGBT people.

Same sex couples will now be able to marry, with the first marriages between couples of the same sex being celebrated on 29^th March.

Couples who are already in a civil partnership will be able to convert this into a marriage, although this may take a little longer, as the practical steps for doing so have not yet been set out!  It is anticipated that the relevant regulations will be in place by the end of this year. When a civil partnership is converted into a marriage,  the couple will be treated as having been married since the date of the original Civil Partnership ceremony.

The change in the law means that the marriages of gay couples who have married abroad will also be recognised under English Law (provided that the marriage was legal in the country where it took place)

While of course no-one gets married excepting the marriage to fail,  sadly many marriages do end in divorce, so the new laws also deal with divorce for same-sex spouses. Provisions are now the same for same-sex spouses as for opposite sex couples, although it should be noted that as the definition of adultery refers  to adultery having sex with another man (if you are a woman) or another woman (if you are a man) it will not be possible to issue divorce proceedings if your husband has a relationship with another man, or your wife has a relationship with another woman, whether you are gay or straight.

Another change which the new law brings  is that it will allow married, transgendered people to remain married and to obtain a full gender recognition certificate. Until now, a full certificate could not be issued unless any pre-existing marriage or civil partnership was ended, forcing some cipels to divorce in order to allow one spouse to fully transition. Now, provided that both spouses want to remain married, this will be possible.

If you need advice about any issues relating to divorce, separation, pre-nuptial agreements or in relation to other family matters, please contact Marjorie Taylor (mtaylor@fdc-law.co.uk or Marion Fisher (mfisher@fdc-law.co.uk ) for further advice.

Naomi Hill - FDC Law's newest lawyer

We are very happy to welcome another new member of staff to FDC Law.

Naomi Hill joined our Private Client Department on Monday and is settling in.

Senior Partner James Hollis welcomes Naomi Hill to FDC Law

Naomi is a very experienced Private Client FILEX (Fellow of the Institute of Legal Executives), who has extensive experience advising in relation to Wills, Probate, Tax Planning, Trusts, Powers of Attorney and Deeds of Variation.

As well as her qualifications as a Legal Executive, Naomi is a member of the Society of Trust and Estate Practitioners, (STEP).

Naomi will be based at our Frome Office, and is taking instructions now on all aspects of will making, estate planning and administrations. She can be contacted on 01373 463311 or directly via e-mail nhill@fdc-law.co.uk  

FDC Law returns to its roots.

You may have noticed, if you have looked at the website, or  have passed one of our offices this week, that we are now once again FDC Law Solicitors, rather than “QualitySolicitors FDC Law”. We’ve made the change as we feel that we are better able to serve our local communities by remaining independent, which allows us to tailor our services to  local needs, rather than being tied in to National campaigns.

We will continue to provide a comprehensive, local, expert service to all of our clients. As you may know, this includes flexibility in when and where meetings take place, where appropriate. All of our solicitors’ and other advisors’ contact details are directly available via our website so you can always contact us directly if you need help or advice.

If you are an existing client of the firm, the same person will continue to deal with your case. If you are considering instructing us, you can feel confident that we will provide you with truly independent, expert advice.

FDC Law has roots going back to 1692, when James Wickham first opened his doors in Frome as an “Attorney at Law”, and over the years, we have seen many changes, including changes in our name, premises and colour schemes, but the one thing which has, and will, remain unchanged is our commitment to providing the best quality of expert advice, tailored to your specific needs. 

Margaret Grant Joins FDC Law's Expanding Property Department

The Partners and staff are delighted to welcome Margaret Grant to the firm. Margaret joins our expanding Property department and will be based at our Frome Office.

Margaret has over 10 years experience in dealing with Residential property transactions, dealing with both freehold and leasehold properties.

Margaret has been based in Somerset for much of her career, most recently in Salisbury, and is a Fellow of the National Association of Licensed Paralegals, having achieved a Distinction in her Fellowship Award.

Margaret explains "I started my career as a Personal Assistant, before deciding I wanted bigger challenges, and qualifying as a paralegal, specialising in Conveyancing. I am looking forward to getting to know local agents and to becoming a part of the community in Frome, and at FDC Law"

Partner Martin Short welcomes Margaret Grant to the Firm

Martin Short,  senior Property Lawyer at the Frome Office, adds "As FDC Law is a leading player in the property market in and around Frome, Our conveyancing department is always very busy, and Margaret provides a very welcome addition to our team"

Margaret is now accepting instructions to deal with the sale and purchase of residential property, including leasehold properties, new build and listed buildings, and can be contacted on 01373 469153 or by e-mail mgrant@fdc-law.co.uk.