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101 Succession Answers
13 September 2021
1 min read

101 Succession Answers

We are delighted to release the first in our 101 Reference Series - a comprehensive reference guide dealing with: estates - probate and administration; powers of attorney; and wills; This is a must-have, easy-reference resource for all firms, providing detailed information in a quickly accessible and searchable format. Tricky questions can be answered quickly using the guide’s alphabetical headings and plain English format. The content can be cut and pasted into letters or emails to clients either in response to an initial enquiry or during the course of a matter. If you would like everyone in your firm to be able to readily answer questions such as the ones below, then the firm will definitely benefit from 101 Succession Answers! What happens if the sole executor dies? How far does the personal liability of an executor extend? Can a solicitor take a benefit under a will that the solicitor has witnessed? What happens if the attorney acting under a power of attorney becomes bankrupt? Under what circumstances might a grant of probate be revoked?
Estate Administration Wills and Lifetime Planning +1
New Financial Remedy Documents
12 August 2021
1 min read

New Financial Remedy Documents

n response to a user request, we have compiled four example content documents covering the four most common concise financial remedy orders: Concise clean break order with one joint account to close and one property to be sold; Concise clean break order with a lump sum payment, one pension to be shared and one property to be transferred; Concise order with spousal maintenance, one pension to be shared and one property to be transferred; and Concise Mesher order for deferred sale. These can be found in the Financial Remedy guide, within the C. Settling it early folder. They are alongside a Template Financial remedy order into which the example content can be copied and pasted. The paragraphs in the Clauses for a Financial remedy order (The Orders Project - Financial Remedy Omnibus) can be used to supplement the new concise orders to cater for more complex situations. We have also produced a Deed of assignment to secure legal costs - Sears Tooth Agreement also in response to a user request. This can be found in the Getting the matter underway folder.
Family Law News and Updates
Commercial Property Leases
16 June 2021
1 min read

Commercial Property Leases

Following user feedback we have published two new drafted commercial leases which are available on the Commercial Lease - Acting for Landlord matter plan. In addition to the Law Society standard leases, we now have a new commercial lease drafted in By Lawyers plain English style. The Commercial lease - Optimised presentation is formatted to present matter-specific information in the initial pages of the document, with the boiler-plate clauses which need no amendment in the following pages. A new Commercial lease - Standard presentation is also available. The commentary has also been updated with a discussion of the reasons why the optimised style is more useful for clients and practitioners - not least because all the amendments take place within the first few pages of the lease. Both styles contain all the lease considerations that are usually required. We also have increased the number of optional clauses available to insert into these leases where relevant including: Landlord’s conditions of consent to underletting clause Landlord’s conditions of consent to assignment clause Landlord's break clause Tenant's break clause Parking space clause We invite you to explore these new documents. Comments and feedback are always welcomed.
Conveyancing and Property News and Updates
New Letters Of Administration Guide
03 June 2021
1 min read

New Letters Of Administration Guide

We are very pleased to announce the release of a Letters of Administration guide. The guide covers all aspects of practice and procedure when acting in the administration of an estate where there is no will, or there is a partial intestacy. The guide assists practitioners with all aspects of the estate administration from applying for a grant through to distribution. The commentary is practical and easy to understand and is supported by numerous helpful precedents. Key content includes law and procedure relating to the intestacy rules and the impact that they have on the distribution of the estate to creditors, claimants and beneficiaries. A number of new precedents have been published, including: 6 examples for the content of an administrator’s statement of truth; A full suite of letters to administrators, beneficiaries and third parties; and A very useful precedent Estate Summary Pack. The Letters of Administration guide is an invaluable resource for all practitioners who deal with estate administration, including those with limited experience in this area or those supervising junior lawyers.
Estate Administration News and Updates
Enhancing The Conveyancing Guides
26 May 2021
1 min read

Enhancing The Conveyancing Guides

The By Lawyers Sale of Land and Purchase of Land guides have been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. The extensive review takes a practical approach, drawing on our considerable experience to cover all aspects of procedure with a focus on practical tips that will help practitioners confidently run a sale matter to completion. Commentary has been included covering the village green cases of Oxfordshire County Council v Oxford City Council & Ors (2005) and others [2006] UKHL 25 and TW Logistics Ltd v Essex County Council & Anor [2021] UKSC 4, the recent adverse possession case of Amirtharaja & Anor v White & Ano [2021] EWHC 330 (Ch) and the recent vacant possession case of Capitol Park Leeds Plc v Global Radio Services Ltd [2020] EWHC 2750 (Ch). Commentary regarding conditional auctions, sometimes called the ‘modern method’, has been included and the section regarding high rise cladding has been expanded to include the guidance from the Royal Chartered Institute of Surveyors. Guidance on the requirements for a septic tank permit has also been included. A new precedent letter has been included in the Sale of Land guide for use when requesting a contribution from the Land Registry for indemnity insurance to cover a defect in the title which they have created. We invite you to explore this updated publication and to consider the wealth of assistance the updated Sale of Land and Purchase of Land guides offer. Comments and feedback are always welcomed.
Conveyancing and Property News and Updates
New Software That Compiles Search And Enquiry Results In A Report On Title
01 May 2021
1 min read

New Software That Compiles Search And Enquiry Results In A Report On Title

InfoTrack’s property report is an opportunity to do conveyancing differently. Having seen a couple of demonstrations of the new ‘property report’ feature from InfoTrack it is clear that the use of clever technology to simplify the lives of conveyancers is here to stay. Drawing information from a number of sources into one place, the property report is mostly completed before a practitioner has even touched their keyboard, but is fully customisable to ensure that clients receive tailored information. Land Registry information, search results and replies to enquiries are all included. The InfoTrack enquiries platform was a revelation, and a revolution, to this author. Hyperlinks to InfoTrack have been incorporated into the matter plan and there is a new Letter to seller’s solicitor with amended contract and draft transfer – Enquiries via InfoTrack which alerts the other side to the process.
Conveyancing and Property News and Updates
Short Residential Tenancy Disputes
12 April 2021
1 min read

Short Residential Tenancy Disputes

We are pleased to announce a new Short residential tenancy disputes guide, with detailed commentary including rent arrears, noise nuisance and anti-social behaviour and deposit disputes. Repossession proceedings are stepped through in detail when acting for the landlord and acting for the tenant. Tribunal and court proceedings are discussed, as well as the current impact of COVID-19. The comprehensive matter plan is divided into two folders; Acting for the landlord and Acting for the tenant. Precedents that practitioners will find useful include: Letters and notices to tenants in breach of their tenancy agreements; Letters and enclosures for a rent repayment plan; Letters and enclosures relating to the use of a deposit protection dispute resolution scheme; A library of carefully drafted common possession notices under both s 8 and s 21 of the Housing Act 1988; A full suite of litigation letters and documents, and example content for claim forms and defences. This Short residential tenancy disputes guide is an invaluable resource for practitioners who regularly conduct landlord and tenant matters, as well as those with limited experience or those supervising junior lawyers. We invite you to explore the new guide. Comments and feedback are always welcomed.
Conveyancing and Property News and Updates
Lease Extensions
02 November 2020
1 min read

Lease Extensions

By Lawyers are delighted to announce the release of our new publication on Lease extensions. This useful new publication will enable practitioners to guide landlord and tenant clients through the statutory process of extending the term of a lease. The commentary discusses important issues in these areas including: Qualifying criteria Valuations Costs Timetables Conveyancing process Withdrawal and termination The new guide also contains a complete suite of essential and useful precedents such as: To Do lists with timetables Enclosures for clients explaining the process All the statutory forms and notices Deed of surrender and regrant of lease This guide is an invaluable tool for all practitioners working in leasehold property departments, including those with limited experience or supervising less experienced practitioners.
Conveyancing and Property News and Updates
Enfranchisement
02 November 2020
1 min read

Enfranchisement

By Lawyers are delighted to announce the release of our new publication on Enfranchisement. This useful new publication will enable practitioners to guide freeholder and tenant clients through: Collective rights – Enfranchisement Tenants right of first refusal Collective rights – Right to manage Individual rights – Enfranchisement of a leasehold house The commentary discusses important issues in these areas including: Qualifying criteria Valuations Costs Timetables Bona Vacantia, County Court and First-tier Tribunal applications Conveyancing processes Withdrawal and termination The new guide also contains a complete suite of essential and useful precedents such as: To Do lists with timetables Enclosures for clients explaining the process All the statutory forms and notices Tenants Participation Agreement Articles of Association for a Right to Manage Company Statutory Declarations of occupation Deed of Surrender of Lease This guide is an invaluable tool for all practitioners working in leasehold property departments, including those with limited experience or supervising less experienced practitioners.
Conveyancing and Property News and Updates
Decoding The Commercial Lease
01 August 2020
4 min read

Decoding The Commercial Lease

With the recent publication of the Law Commission report, clearly moves are afoot in the residential leasehold world to balance out the disparity between the rights of landlords and those of their tenants. Time will only tell what is finally put on the platter for general consumption on that planet. But let us travel deeper into the universe and visit planet ComZog, commonly known on Earth as the commercial leasehold world. Read more...
Conveyancing and Property Articles
New Training And Development Schedule
24 January 2020
1 min read

New Training And Development Schedule

In response to subscriber feedback By Lawyers has enhanced content relating to staff training and continuing competence requirements. Additional guidance on the topic has been added to the Practice Management commentary and a new precedent ‘Training and development schedule’ provided. This precedent will help subscribers plan, review and record continuing competence activities as required by The Law Society and SRA.
Practice Management News and Updates
Family - Divorce Update
13 August 2019
1 min read

Family - Divorce Update

UK By Lawyers author Robin Charrot of Evolve Family Law has just completed a comprehensive review of the Divorce publication. He notes that the Divorce, Dissolution and Separation Bill was introduced June 2019 and has passed through a second reading in parliament. Whilst the actual introduction date is as yet unclear, he forewarns there will be a need for significant changes to the Family Procedure Rules to enable the legislation. By Lawyers is keenly watching the progress of these changes and will update the publication again as and when they come into effect.
Family Law News and Updates
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