A Winner!

FDC Law's Senior partner, James Hollis has been very busy over the last few weeks -If you attended  the Frome Cheese Show you may have met James, and he was also to be found selling programmes at the Frome Carnival

As well as representing the firm at these local events, as part of our long term commitment to support our local communities James has found time in his personal capacity to enter Nunney and District Flower Show.

As you can see, James was very successful and got to take home some striking silverware!

Congratulations to James (and next time, bring in some of the tasty home-grown goodies for us to share!)

Will Writing - The Need for Consumer Protection

The Ministry of Justice has confirmed that, despite a report from the Legal Services Board  finding that "There is consumer detriment in the will writing market, and that the reservation of will writing activities [...] could address this detriment" they will not be changing the rules to make will-writing a "Reserved Activity" (one which can only be carried out by someone who is properly qualified and authorised)

Because will-writing is not currently a reserved activity, there are many organisations which offer will-writing services which may not have the appropriate knowledge or expertise, leading to serious problems.

At worst, unregulated will writers may lie about whether they are regulated or insured, may steal from their clients, or may simply fail to take into account what the person making the will wants or needs, leading to invalid wills or wills which don't have the effect intended.

One very common problem is that of disappearing companies, where the will writer or will writing company goes bust or disappears, leading to wills being lost, or to customers left with nowhere to turn to resolve problems. (if a will is held by a solicitor, then even if the solicitors firm were to go bust, the Solicitors Regulation Authority would step in to ensure that important documents are kept, and to provide insurance cover against negligence)

All of these problems can leave consumers with hefty bills to put things right.

The Law Society has called for will writers to be properly regulated, so that consumers are protected from fraud and incompetence. A petition calling for proper regulation, by making will-writing a reserved acticity, has been set up here, and we encourage you to consider signing it, to help raise standards across the board.

If you would like help or advice about making a will, estate planning or to help with dealing with the estate of  someone who has died, please contact James Hollis or Darrell Collins who will be happy to help.

Legal watchdog Warns of Dangers of Non-Lawyers

The Legal Ombudsman has warned that people may be left stranded with no effective way of making complaints, if they use non-lawyers to carry out legal work.  

An independent  report commissioned by the Ombudsman found that people buying wills, getting advice about employment issues, building plans and debt management plans, and people using ‘DIY’ legal documents are at particular risk. There are similar problems with using online services, and those provided by companies such as the AA where it is often now clear whether the company is providing legal advice or not.

Elizabeth France, who is Chair of the Legal Ombudsman’s board,  states that “Buying  legal advice is to some extent a lottery for consumers who are understandably confused about whether the people providing it are up to standard”   

James Hollis, Senior Partner at FDC Law, explains “As Solicitors, we are regulated by the SRA, and our clients have access not only to our own internal complaints process, but to the Ombudsman, who is independent, if they are not satisfied with how we have dealt with any problems. In addition, and unlike unregulated organisations, because we are required to have appropriate insurance and because we are regulated by the SRA, even if a firm of solicitors closes down, their clients are still protected, and documents such as Wills or Deeds which are held will be safe”

In addition to having clear and binding processes for dealing with any complaints, Solicitors are required to maintain their expertise by regular training. At FDC Law we are also proud to hold the Lexcel quality mark which means that we are inspected and re-assessed on an annual basis.

We provide all of our clients will full details of our complaints process and the options for taking matters further when we are fist instructed, and operate a clear, open complaints procedure so that in the unlikely event that you are not happy with our service, you know exactly how to proceed.

The full release is available on the  Legal Ombudsman's own website 

Help in managing the cost of Care

As we live longer, more and more of us face the issue of how to fund our care in old age

The Government have announced that they intend to introduce a Care Bill in this parliamentary session.  The  aim of the proposed bill is  to ensure that elderly people inEnglandwill not have to sell their homes to meet social care costs. It will work by capping lifetime costs at £72,000 by April 2016.  It also proposes to extend the means test threshold for financial help in meeting care costs. However, this could still be a big chunk of your estate.

 Partner Darrell Collins explains “At present, you may be forced to sell your house in order to meet Care Home fees, and the cost of care can significantly reduce how much you have to leave to your loved ones. However, by planning ahead, you can reduce your exposure” 

For advice about care fees planning please contact Darrell Collins at our Midsomer Norton office on 01761 417575.

Finding your way through Divorce or Separation

The end of a relationship is always stressful, and it can be hard to work out how best to find the right advice and support. 

Recent cuts to Legal Aid mean that very few people are not entitled to legal aid to cover the cost of legal advice on separation. However, this doesn’t meant that you cannot find affordable help.

Marjorie Taylor, of our family department,  explains “At FDC Law , we offer an initial free consultation  where we can provide you with basic information, and help you to decide the best way forward for you. We then offer a range of services, including our ‘Stepping Stones’ Pay As You Go option for divorce, which allows you to have as much, or as little, advice as you want, and to control your spending.”

There are many options available other than consulting a solicitor, but do take some time to check your options. Fixed fee and online options often appear cheaper than seeing a solicitor, at first glance, but it’s important to make sure that you are comparing like with like – many fixed fee offerings don’t include details of court fees or VAT in the prices quoted, or relate only to the divorce itself, not to any issues around children or finances.

At QualitySolicitors FDC Law we are happy to discuss with you what will best meet your needs, and to make sure you are kept informed of the costs throughout your case, so you don’t find yourself facing unexpected bills.

 We are happy to provide you with support to deal with straightforward cases yourself, and will refer you to other services such as mediation when this is appropriate. We will also tell you if you are likely to be eligible for any help under the Legal Aid system. As a full service firm, QualitySolicitors FDC Law can also help you in dealing with other issues which may arise as a result of a divorce or separation, such as the need to make or update your will, or to sell your home or buy a new property.

Bear in mind that spending a little money to get proper, independent advice at the outset can ensure that you avoid making expensive mistakes.  Did you know, for instance, that there is no such thing as a ‘Quickie Divorce’? That you should not pay to be given divorce papers to be filled in, as these are available free of charge from the Court? or that many cheap or online divorce ‘ providers’ are unregulated, giving you little chance of redress if anything goes wrong?

If you are facing a separation, or need advice about financial issues, or issues relating to children  arising from a separation, contact Marjorie Taylor or Marion Fisher on 01671 417575 (Midsomer Norton or Keynsham) or 01373 469140 (Frome) for an initial free consultation, and for expert, friendly advice

New Law Society forms will smooth path for property deals

New property forms have been produced by the Law Society of England and Wales which should make property transactions easier for sellers and buyers alike.

Following an extensive consultation with the legal profession, the Property Information Form and Fitting and Contents Form have been updated to more accurately reflect the information needed by buyers and include some new questions which are often asked during the process of buying a house.

FDC Law Partner Jonathan Wood said “At present, we often have to write to a sellers solicitor several times with further questions about the property. Hopefully, more of those questions will now be answered up-front, helping to make the process quicker and easier for both seller and buyer”

The new forms reflect feedback from lawyers and mortgage lenders

The new forms have been designed to improve the conveyancing process by obtaining more accurate and reliable information earlier in the transaction, smoothing the process for all parties involved in the process.

The Property Information Form has also been updated to take account of various changes including flooding, Japanese knotweed and the recently announced “Green Deal”.

Law Society chief executive Desmond Hudson said the forms were another example of the Law Society listening to the views of both consumers and the industry to develop a more beneficial and practical solution.

'Conveyancing is a complex process and anything we can do to ease the burden on solicitors and ultimately consumers is a great result. It was especially important that the final product was fit for purpose and accepted by solicitors and clients alike, so having input from our members early on was very valuable.'

If you are buying or selling a property, contact our Property Team on 01761 417575 (Midsomer Norton) 0117 916 1088 (Keynsham) or 01373 463311 (Frome) 

More Families Need Advice About Inheritance Tax Planning

Financial Consultants in the United Kingdom report that more families than ever are taking advice on cutting their inheritance tax bills as increasing numbers of families are falling in to the Inheritance Tax net.

Despite  the Government announcing, earlier this year that the thresholds of £325,000 for individuals or £650,000 for married couples would be frozen until 2018, 73% of all clients are still not focusing on inheritance tax planning. FDC Law’s Darrell Collins explains “Many people don’t realise that Inheritance Tax may have to be paid when they die, or that they can take steps to reduce the amounts paid, by taking suitable advice when they make their will”

For advice about tax planning and inheritance please contact the Private Client Team at Frome on 01373 469130  or Midsomer Norton on 01761 417575