News

Feb 9th 2011, 11:55
Lasting Power of Attorney....To have,or not to have ....?

The NHS estimate that over 2,000,000 people lack the mental capacity to make decisions for themselves due to dementia, mental health issues, accidents or other illnesses that may occur at any age.

If you no longer have the mental capacity to look after your own affairs and you do not have a Lasting Power of Attorney (a document which allows you to appoint a person you trust to make decisions on your behalf if it becomes necessary) the Court of Protection will appoint a Deputy to manage your affairs for you.

It is always better to prepare a Lasting Power of Attorney before a Deputy is appointed by the Court of Protection if possible because….

1. Applying to be a deputy can be expensive and there may be significant fees to pay including:
• annual supervision fees of up to £800
• application fees
• doctors certification fees
• a security bond
• a deputy fee
• legal fees
2. There is usually a long delay before the Deputy Order is issued
3. The Deputy appointed by the Court may not always be aware of your personal circumstances.

For peace of mind it is important that you make a Lasting Power of Attorney to nominate someone you trust now to make important decisions on your behalf in the future. You cannot make a Lasting Power of Attorney if you are no longer able to make decisions for yourself.

Call Gina Ormesher or Nikki Doherty now on 024 7655 3961, or send your details via the contact page to obtain a cost-effective estimate for making a Lasting Power of Attorney.
Home Visits available.

Details correct at time of posting

Dec 6th 2010, 13:51
MOVING DAY CHECK LIST

Moving day is likely to be busy and there are lots of things to remember. We hope you find this checklist helpful:

1. Read the electricity, gas and water meters both when selling and buying a property. Taking readings as soon as you move in or out of a property will reduce the chance of a dispute over bills

2. Make sure your property insurance is in place from exchange of contracts on your purchase and do not cancel the property insurance on your sale until completion takes place.

3. Removal company. Do not commit yourself to a date until we advise you that contracts have been exchanged. Before you book your removal company check whether they will charge extra if they are required to stay late. On the day of completion we cannot guarantee the time you get the keys to your property particularly where there is a long chain.

4. If the house you are leaving is likely to be unoccupied for any time turn off the water supply at the stop cock and leave a note for the new owner that this has been done and how to turn it back on.

5. Make sure that the house you are leaving is left in a secure state and that all doors and windows are secured and locked before you leave.

6. Change the locks to front and back doors to your new property – you don’t know how many sets of keys there are to your new home. Don’t forget to change the code on the alarm system as well.

7. Notify the local authority that you are moving, you may be entitled to a refund of your council tax.

8. Other people to notify include: banks, building societies, credit card companies, the DVLA, utility providers including gas electricity and water, telephone, broadband and cable/SKY provider, television licence, doctors, dentists, children’s schools, pension providers.

9. For a fee, Royal Mail will forward your post to your new address for an agreed period of time.

10. Life insurance. It is advisable to have life insurance to cover the repayment of your mortgage in the event of your death. Additional policies are available for critical illness and redundancy. Speak to your financial advisor about this.

Nov 4th 2010, 11:12
PRE-NUPTIAL AGREEMENTS

The Supreme Court has ruled in favour of Pre-nuptial Agreements following the decision in the recent case of Radmacher v Granatino

Historically, Pre-nuptial Agreements have not been recognised in English Law.

The case involving the heiress of a German paper company and a French Investment Banker who be came an Oxford University Researcher.

The parties signed a Pre-nuptial Agreement in 1998 and dIvorced in 2007. Mr Granatino had agreed not to make any claims on his wife’s fortune if they separated but was awarded 5.85 million by a High Court Judge in 2008.

Ms Radmacher challenged the decision. The Supreme Court held that “it would be natural to infer that parties entering into agreements will intend that effect be given to them”.

For advice on Pre-nuptial Agreements please contact our Family Team.

Oct 1st 2010, 14:48
New Legislation Affecting Employers and Employees

On 1st October 2010 the bulk of the new Equality Act 2010 comes into force. The Act draws together and brings into a single statute existing discrimination Law covering all aspects of discrimination such as Race and Disability Discrimination.

Employers will need to be aware of their obligations under the provisions of the New Act and of particular importance will be the need to review office manuals and handbooks to reflect the changes in the Law which the new Act introduces.

One of the biggest changes for employers relates to the new rules on pre-employment health enquiries. Employers will only be able to ask a candidate about health related issues for a limited number of reasons before making an offer of employment and a breach could lead to action being taken againist the employer.

To discuss the impact of the new Act and how the changes introduced might affect you, please contact a member of the Employment Team.

Details correct at time of posting

Aug 13th 2010, 11:32
Our lives and the Mental Capacity Act 2005

People often have strong views on quality of life and life sustaining treatment. It is common to open a newspaper and see articles about relatives pleading the cases of their loved ones seeking authority to withdraw life sustaining treatment. However, sadly it is often the case that our own wishes are never expressed to our relatives and perhaps fundamentally not reflected on a legal footing. Why is it that we make a Will to ensure our wishes are reflected upon our death, but fail to address what our intentions are should we lose the mental capacity to make a decision about our care for ourselves.

The Mental Capacity Act 2005 is key piece of legislation governing issues which may affect people who lack mental capacity and those authorised to make decisions on their behalf.
The fundamental principles of the Mental Capacity Act 2005 are as follows:-
1. Every adult has the right to make his or her own decisions and must be assumed to have capacity to make them unless it is proved otherwise.
2. A person must be given all practicable help before anyone treats them as not being able to make their own decisions.
3. Just because an individual makes what might be seen as an unwise decision, they should not be treated as lacking capacity to make that decision.
4. Anything done or any decision made on behalf of a person who lacks capacity must be done in their best interests.
5. Anything done for or on behalf of a person who lacks capacity should be the least restrictive of their basic rights and freedoms.
In the case of ‘R (Burke)’ the Court of Appeal stated, amongst other things, that the right of self determination does not give a patient the right to demand and receive particular treatment, because a health care professional has a common duty of care to take such necessary steps to keep the patient alive.
However, the Mental Capacity Act 2005 creates two exceptions where a patients wishes will be valid and effective. The two exceptions are:

1. Advance Directive (commonly known as a ‘Living Will’):

An Advance Directive is a written document detailing a person’s intention regarding future medical treatment.

2. Lasting Powers of Attorney

A Lasting Power of Attorney is a document whereby a person gives somebody else the legal authority to make decisions on their behalf.

(It is however important to recognise that these two exceptions will only be deemed as valid if ‘contemporaneous refusal’ is give. Contemporaneous refusal is without undue influence and made with informed consent.)

If you are interested in discussing any of the matters raised or would like more information on advance directives or Lasting Powers of Attorney then please do not hesitate to contact Gina Ormesher or Nikki Doherty in our Private Client Department.

Jul 9th 2010, 12:58
BREAK CLAUSES

Break Clauses are provisions contained in commercial Leases enabling one party or Sometimes both to bring a Lease to an end on a specified date by one party giving notice to the other.

In difficult economic times such clauses can be a lifeline for hard pressed Tenants however great care must be taken when exercising a Break Clause to ensure that all preconditions are complied with.

The Tenant must make sure that he has got the right to serve the notice, serve it on the correct Land lord, make sure it is served at the right time, deal with any specific requirements and continue to comply with the Tenant Covenants particularly paying the rent.

The Land lord when in receipt of a notice purporting to exercise a Break Clause will want to check that it was served properly and on time, that it is correctly addressed and is not defective in any other way. If a Landlord acknowledges receipt of a defective notice, that could have the effect of righting the defect.

A Break Clause provides one way to bring the Lease to an end early and therefore it is of vital importance to make sure it is done properly so the opportunity is not lost. We at Seymours can provide advice and assistance to you in dealing with Break Clauses either as a Tenant or a Land lord – please contact Rob Fardoe Head of our Commercial Department for further information.

May 11th 2010, 11:05
Shared Residency Orders

Parents who are involved in Contested Residence/Contact proceedings should take note of the increased willingness of the Courts to order that Shared Residence between both parents is more appropriate then granting Residence to one parent and Contact to the other.

In the past Shared Residence Orders were rare and it was accepted that Shared Residence was only likely to work in situations where both parents were likely to co-operate closely to make the arrangement work. That view has now changed.

Recently there have been a number of cases reported to the legal press where the court has expressed its order in the form of Shared Residence even where there has been a high degree of conflict between the parents.

Many parents are surprised to hear that Shared Residence will often be ordered when children spend an equal amount of time with both parents.

For more information and advice on the issue of Shared Residence please contact a member of our Family Department.

Details correct at time of posting

Mar 22nd 2010, 14:36
Make or update your Will for FREE!

Seymours Solicitors are proud to announce that they work in conjunction with Cancer Research UK to offer the opportunity to update your Will or create a new Will free of charge.

The service is available to individuals or couples over the age of 55 years old. In respect of couples, only one person needs be over the age of 55.

The Cancer Research UK FreeWill Service is presented in the hope that you leave a gift (also known as a legacy) to them in your Will.

Cancer Research UK conducts almost half of its research from such legacies. The research is to progress the prevention, treatment and cure of all forms of cancer.

Cancer Research UK and Seymours believe that every gift makes a difference. There are three standard forms of gifts which you may wish to consider:

* A gift of money (the amount is up to you)

* Specific items of property (e.g. stocks and shares, property or even jewellery)

* A share of remainder of your estate once you have made sure people you care about are looked after.

If you are interested in the Cancer Research FreeWill Service provided by Seymours please contact Gina Ormesher or Nikki Doherty for more information.

Some small print:
(1) Gifts to charity are generally exempt from Inheritance Tax, Capital Gains Tax and Income Tax. (2) Cancer Research will not be provided with a copy of your Will, this will be stored with Seymours Solicitors. (3) Seymours are able to charge additional charges, if your wishes are particularly complicated or if tax planning is required but this will be discussed with you if appropriate.

Details correct at time of posting

Jan 27th 2010, 11:08
Unintentional Surrender of a Lease

A recent Court of Appeal decision has confirmed that a Landlord can unintentionally accept a surrender of a Lease by the Tenant by taking actions in relation to the property which are inconsistent with the continuation of the Tenancy.

Whether this has happened will depend very much on the facts of the case. In the reported case the Tenant complained that the Landlord had failed to carry out repairs to the property and returned the keys to the Landlord.

The Landlord then redecorated, used the property for the parking of cars and allowed someone else to occupy the premises. Whilst this was going on he was maintaining in correspondence through his Solicitor with the Tenant that the Tenancy of the property was continuing.

On the facts of the case the Court of Appeal found that the Landlord had accepted the surrender of the Lease after taking into account all of the actions of the Landlord together rather than individually.

Landlords need to consider their position very carefully in such circumstances and advice can be provided by any member of our commercial team on this and other matters relating to commercial property.

Details correct at time of posting

Nov 20th 2009, 12:44
The Staff and Partners of Seymours support Children in Need

The Staff and Partners of Seymours enjoyed supporting the BBC’s Children in Need fundraiser on Friday 20th November 2009 by donating money to “dress down” (our own non uniform day!) and to buy cakes for elevensies (which stretched to eating cakes every hour of the day! It was a hard job but we went the extra mile for charity!!).

A total of £65.00 was raised.

Sep 21st 2009, 14:52
Six-Month Paternity Leave Extended for Fathers

The Government has announced plans to extend the right to take up unused maternity leave to fathers for up to six months. The provisions will be available the second six months of the child’s life and will be an option if the mother has maternity leave outstanding.

Consultations will take place on new regulations that will give families greater flexibility in how they choose to look after their children.

Although an outcry over the cost of these measures from business groups is expected, the Government asserts that less than one per cent of small businesses will be affected and they will work with business to make sure any changes are introduced in a way that minimises burdens and gives them predictability in the provision of leave.

It is anticipated that this will give families radically more choice and flexibility in how they balance work and care of children and enable fathers to play a bigger part in bringing up their children.

The scheme will be introduced for parents of children due on or after 3rd April 2011.

Details correct at time of posting

Aug 14th 2009, 09:45
Seymours are pleased to announce the relaunch of the firm's website.

The website has been redesigned and updated. You can now access information about the services we provide and some interesting information about Seymours, from the company origins back in 1730 to the staff members working here today.

We have also produced a series of leaflets containing the information found on the Services pages of the website. If you would like copies for yourself, or to pass onto family, friends or colleagues etc, please contact us.

We are pleased to have worked in partnership with Image+ in redesigning the website and designing the leaflets. Image+ are a local firm with over 10 years experience working with businesses and organisations to enhance image and profile.
Visit www.image-plus.co.uk for further details.

Details correct at time of posting

Aug 13th 2009, 15:33
Lasting Powers of Attorney

Avoid elderly ‘snatch’ by state- make a health and welfare LPA

In April 2009, great-grandmother Betty Figg was snatched by social workers against the wishes of her daughter, her former carer. Social workers arrived with police and a battering ram to remove the 86-year-old woman suffering from dementia from her daughter’s house. The media quickly spread pictures and video footage of Betty being taken from the house in her wheelchair with a towel thrown over her head.

It seems social services did not agree with Betty’s daughter that it was in Betty’s best interests to be cared by her daughter in a specially converted room, in her daughter’s home.

Could this happen to you and your family?

There is a way that it can be avoided; by giving a health and welfare lasting power of attorney to a family member, social services are prevented from making care decisions. Without this document, social services can make decisions on behalf a vulnerable person, if they think they lack mental capacity and believe it is in their best interests. They do not have to follow what the family want and cannot be liable for their decisions.

Gina Ormesher, an Associate Solicitor at Seymours and a member of Solicitors for the Elderly, is encouraging all older people to plan ahead and make a health and welfare lasting power of attorney. ‘It is an important document and sensible to get advice about the choices you have. What happened to Mrs Figg may never happen to you, but if it does, you and your family will be glad you made the power.’

Details correct at time of posting