Autumn 2015 private client newsletter

expert, professional, friendly...
Legally Speaking - Judge & Priestley’s Quarterly Legal Update for Private Clients
info@judge-priestley.co.uk T. 020 8290 0333 www.judge-priestley.co.uk
Welcome to
J & P’s latest
newsletter,
specially designed
to keep you up
to date with all
the latest legal
developments
affecting you and
your family.
Got something
on your mind?
... give us a call
or email us.
For more than
125 years we
have been
providing
clients with
expert and
professional
legal advice.
We understand
the value of a
personal and
friendly service.
Judge & Priestley
LLP
Justin House
6 West Street
Bromley
Kent BR1 1JN
AUTUMN
2015
together agreements that state in advance how their assets
should be divided if their relationship fails and they decide to
separate.
Ownership of the family home is one of the most important
issues. If it is in just one person’s name then the other partner
could lose out.
You may want to consider owning it as joint tenants or tenants
in common which will make a huge difference to your rights.
If you don’t already have a will then you should draw one up
as soon as possible. Otherwise your estate will pass to your
relatives rather than your partner.
For more details contact
Thowheetha Shaah - 020 8290 7331 tshaah@judge-priestley.co.uk
The number of unmarried couples in the UK has more than
doubled in the last 20 years, according to figures released by
the Office for National Statistics.
Many cohabitants believe that they have the same legal
protection as married couples but, unfortunately for them,
this is not the case. They have few automatic legal rights,
which can leave them vulnerable if their relationship with their
partner breaks down.
Jo Edwards, chair of the family lawyers group, Resolution,
said: “The law doesn't give people in this type of relationship
any meaningful legal protection if they separate. Even
if one partner has given up work to care for children, or
has contributed by supporting their partner in their career
by running the home, often their contributions will not be
recognised in law.”
There are numerous pitfalls. For example, if your home is
in your ex-partner’s name then you will have no automatic
right to stay there if you are asked to leave. Nor will you
automatically be entitled to a financial share in the house,
even if you helped to pay for it over several years.
Your former partner won’t have to pay maintenance for you,
even if you gave up your job to look after the children while he
or she went out to build a lucrative career.
Resolution published a Manifesto for Family Law earlier this
year calling on the government to give cohabiting couples
more legal protection. So far, however, the government has
shown little enthusiasm for changing the law. In the absence
of any automatic legal protection, many couples draw up living
David Chandra, Private Client Partner, has been ranked as a UK Top Rated
Solicitor. David received glowing reviews from his clients on VouchedFor.
co.uk, the leading review site for professionals. Judge & Priestley are the
only firm of solicitors to be mentioned in the Bromley area.
David Chandra said “Being recognised as a Top Rated Solicitor on
VouchedFor.co.uk is an achievement. There are many people in the area
who might need help with legal matters but don’t know how to find a good
solicitor or how to get recommendations. It means a lot that my clients have
gone out of their way to review me and I’d like to thank them all for their
recommendations.”
Please visit www.vouchedfor.co.uk to read the reviews.
David Chandra ranked as a UK Top Rated Solicitor
More cohabiting couples lack legal protection
Did you know we are now on Twitter? Please follow us on
twitter @Judge-Priestley
You can keep up-to-date with all relevant legal updates
and also keep track on our firm-wide activities. If you need
any help please contact Nita on 0208 290 7425.

to the financial settlements reached.
The Supreme Court agreed that certain
factors, such as non-disclosure of
assets, may vitiate one party’s consent
to a financial agreement and justify the
order being set aside.
Prior to the rulings the Court’s stance
was that where there had been “material
non-disclosure” the Court would only
set aside financial orders if the wronged
party could show that the disclosure
would have resulted in a “substantially
different” order. These rulings have
however clarified that once it has been
established that a party has deliberately
and dishonestly misled the Court in
failing to disclose their assets, the
burden will shift to the dishonest party to
demonstrate that the Court would have
made the same order regardless of their
deceit.
These rulings have brought a welcome
and long awaited clarity to the issue of
dishonest non-disclosure and send out
a clear message that “fraud unravels all”
and dishonesty in financial proceedings
will simply not be tolerated any longer.
Thowheetha Shaah - 020 8290 7331
tshaah@judge-priestley.co.uk
Landmark Supreme Court ruling on cases of Sharland
and Gohil; dishonesty will not be tolerated in financial
proceedingsOn 14 October 2015, the Supreme Court
handed down landmark judgments,
allowing two women to set aside their
financial settlements due to their ex-
husband’s dishonesty and failure to
disclose assets during the divorce and
financial proceedings.
Whilst the two cases had differing
circumstances, both women had learnt
that their ex-husbands had dishonestly
misled the Court in failing to disclose
the extent of their wealth during the
negotiations and Court proceedings,
which lead to them agreeing financial
settlements. In financial proceedings
there is a clear ongoing duty on
both parties to provide full and frank
disclosure of their financial situation.
The two women fought to re-open the
proceedings on the basis that their
ex-husbands had knowingly failed to
comply with this duty. They maintained
that, had their ex-husbands been truthful
and transparent about the extent of their
wealth, they would not have consented
Deregulation Act 2015 - changes to section 21
notices
New legislation which came into force
on 1 October 2015 introduced a number
of changes which affect whether or not a
Landlord can serve a Section 21 Notice
on an assured shorthold tenancy in
England.
These new rules will only apply to new
assured shorthold tenancies entered
into on or after 1 October 2015. In
cases of assured shorthold tenancies
which started before 1 October 2015,
the old Section 21 regime will continue
to apply, including those where the fixed
term ends and becomes periodic after 1
October 2015.
The changes for assured shorthold
tenancies which start on or after 1
October 2015 can be summarised as
follows:-
1. The Landlord has to comply with
prescribed legal requirements to:-
• Provide with the tenant with the
Energy Performance Certificate for the
property;
• Provide the tenant with a current Gas
Safety Certificate;
• Provide the tenant with a booklet
called “How to Rent: The Checklist
for Renting in England”. In certain
circumstances this
document will need to
be supplied again to
the tenant.
2. For assured shorthold
tenancies that begin
on or after 1 October
2015, a Landlord
cannot serve a Section
21 Notice within the
first four months of the
tenancy.
3. Once a Section 21 Notice has been
given, possession proceedings must
be commenced within the 6 months of
service of the Section 21 Notice. In
other circumstances the period will be
4 months after the end date specified
in the Notice.
4. There is now a prescribed form for a
Section 21 Notice which must be used
for all assured shorthold tenancies
starting on or after 1 October 2015.
From 1 October 2015 Landlords also
need to be aware of new regulations
regarding the installation of smoke
alarms and carbon monoxide detectors.
Complaint by Tenant/Retaliatory Eviction
A Section 21 Notice will be invalid
if, prior to service of the Notice, the
tenant made a complaint in writing to
the Landlord about the condition of the
property. Upon receipt of a complaint the
Landlord will have to comply with very
strict timescales and procedures.
Although, at present, the provisions
will only apply to assured shorthold
tenancies in England granted on or
after 1 October 2015, it is important
to note that, from 1 October 2018, the
provisions will apply to all assured
shorthold tenancies in existence,
irrespective of whether the tenancy
began prior to 1 October 2015.
The new legislation is complex and
the experts in our Housing Team can
provide guidance to Landlords to ensure
full compliance.
Suki Dhoopher 020 8290 7363
sdhoopher@judge-priestley.co.uk

has difficulty affording clothes for the
children, and is limited in the food she
can buy.
When her mother died, she left all
her net estate of £486,000 to various
charities, even though she had little to
do with them during her lifetime. The
daughter took legal action to claim a
share of the estate.
At the first hearing, the district judge
found that the mother had not made
reasonable financial provision for her
daughter.
However, he decided that any financial
award he made for her should be
limited because she had managed for
many years on limited resources and
had a lack of expectation. He awarded
her £50,000. The daughter appealed
because she would lose a greater
amount in state benefits than she would
gain from the award.
The main issue was how the court
should set about determining the
amount of an award if the effect of that
award was to remove the state benefit.
The Court of Appeal held that the judge
had made fundamental errors in his
approach which meant that his award
should be set aside.
It held that the daughter’s present
income was not sufficient for her
maintenance given the restrictions which
she had to impose on her spending and
the lack of any provision to meet her
future needs when she grew older or if
she suffered any ill-health.
The court could and should make
reasonable financial provision out of
the mother's estate for her daughter’s
maintenance so that her living expenses
were relieved without affecting the state
benefits which she relied upon.
An award would therefore be made
for £143,000, the cost of buying her
home plus the reasonable expenses of
acquiring it.
She would also be awarded an option to
take a further maximum capital sum of
£20,000 to provide an immediate fund
from which further income needs could
be met.
The provision of funds to allow her to
acquire her house would relieve her of
rent liability and allow her to keep her
tax credits. If those benefits were not
preserved, there was little or no financial
provision for maintenance at all.
Lawyers believe the ruling could lead
to an increase in the number of people
challenging their parents’ will if they
feel they have not been provided for
adequately, especially if they are in
financial difficulties.
It also means that parents wishing
to leave their children out of their will
may have to give explicit reasons for
their actions and outline why they want
their estate to go to other people or
organisations instead.
Paul Stevens - 020 8290 7422
pstevens@judge-priestley.co.uk
Woman challenges mother’s will to get £163,000
A woman who was written out of her
mother’s will because she eloped with
her boyfriend when she was 17 has
won her appeal to inherit a share of
the family estate and been awarded
£163,000.
It’s considered an important ruling by
legal experts and could influence the
way some wills are drawn up in the
future.
The case involved a woman who had
been estranged from her mother for 26
years, since leaving home at the age of
17 to be with her boyfriend. She later
married him and they now have five
children.
The couple depend on state benefits
and live in a housing association
house which they have the right to buy.
The woman has never had a holiday,
The government is introducing a series
of measures to boost housebuilding so
more young people can own their own
home.
The key measures include building
discounted homes for first time
buyers on all “reasonable-sized”
developments, unlocking public land
for hundreds of thousands of new
homes and supporting small building
firms with planning changes.
Prime Minister David Cameron said:
“For too long an entire generation has
been locked out of home ownership,
with home ownership levels amongst
25 to 34-year-olds falling from 59% to
36% over the last 10 years.”
To address the problem, various
housing schemes, which have already
proved successful, will be extended.
These include:
• Help to Buy. This has already helped
more than 100,000 people into their
own homes by helping with the cost
of a deposit. It will be extended until
2020.
• Starter Homes. These are
exclusively for first time buyers
under 40 and are sold at a 20%
discount. The government says
all reasonable-sized housing
developments must now include
starter homes. It wants 200,000
properties to be built over the next
five years.
• Right to Buy. Housing association
tenants are being given the
opportunity to buy their own home
and ensuring that, like local authority
tenants, they will get a discount of
up to 70% – bringing them on a par
with the benefits already enjoyed by
council tenants across the country.
The government also wants to help
small firms to build more houses by
obliging local authorities to make more
plots available. In addition, there will
be a series of planning reforms, with
local people being given more say on
where new homes should go and what
they should look like.
The measures will be outlined in
the Housing Bill to be introduced in
the autumn. We shall keep clients
informed of developments.
Madelaine Henwood - 020 8290 7413
mhenwood@judge-priestley.co.uk
Government plans housebuilding
boom to increase home ownership
Wills and
Probate

This newsletter is intended merely to alert readers to legal developments as they arise. The articles are not intended to be a definitive analysis
of current law and professional legal advice should always be taken before pursuing any course of action.
Authorised and regulated by the Solicitors Regulation Authority
For further information T. 020 8290 0333 F. 020 8464 3332 E. info@judge-priestley.co.uk
Justin House, 6 West Street, Bromley, Kent BR1 1JN www.judge-priestley.co.uk
• Disputes
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• Wills, Inheritance and Trusts
Services
Mark
Oakley
Thowheetha
Shaah
Pam
Bachu
Madelaine
Henwood
Lucy
Rudd
Neil
Cuffe
Steve
Taylor
Tony
Clarke
Paul
Stevens
Meet the team
David
Chandra
Lasting power of attorney (LPA) forms
have been updated to make them
simpler and clearer.
The Office of the Public Guardian
(OPG), which administers LPAs, says
the move is in response to feedback
from users.
LPAs enable you to protect your
interests in the future in case you ever
lose mental capacity through injury or ill
health.
They allow you to nominate someone
you trust, such as a relative, to make
decisions on your behalf if you ever
lose the ability to manage your affairs
properly.
You can use LPAs to cover financial
matters or health care, or both.
They have to be registered with the
OPG and there are safeguards in place
to ensure they are not
abused.
One of the major
changes in the new
streamlined system
is the removal of
the requirement for
a second certificate
provider, as this was
making it difficult for
some people who
wanted to make an
LPA.
An OPG statement
says: “Having
listened through our
consultation, we haven’t combined
the forms for health and welfare and
property and finance. “Nor are we
removing the requirement for a signature
and witness for the life sustaining
treatment section.
“Other safeguards remain the same,
such as the need for an independent
witness to sections of the LPA and
someone you know certifying that, in
their judgement, you have capacity.”
The changes came into effect on 1 July.
LPAs can provide peace of mind by
enabling you to plan for the future.
However, they are important documents
and need to be drawn up with the
help of solicitor to ensure they are
legally watertight and meet your
requirements.
The OPG says it will accepti both the
old and new versions of LPA forms until
January.
No changes are being made to enduring
powers of attorney (EPA) forms at
this time. These will still be able to be
registered after the introduction of the
new LPA forms.
David Chandra - 020 8290 7348
dchandra@judge-priestley.co.uk
Lasting power of attorney forms are becoming
simpler and easier
Judge & Priestley’s growing Private Client team
has been boosted by the arrival of Probate
Executive, Rachel Gregory. Rachel is a Fellow of
the Chartered Institute of Legal Executives and
has over 6 years of Private Client experience.
Rachel who is originally from Sheffield joined
Judge & Priestley from a top Legal 500 firm in
Newcastle. Rachel specialises in all aspects of
wills and probate work.
David Chandra, Head of Private Client says
“We are delighted that Rachel has joined our
expanding team. Rachel’s experience in wills
and probate will definitely bring value to our bank of expertise. We offer a warm
welcome to our new team member.”
Rachel can be contacted on 0208 290 7357 or rgregory@judge-priestley.co.uk.
J&P welcomes Rachel Gregory

Autumn 2015 private client newsletter

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