The By Lawyers Trusts guide has been reviewed and updated to ensure that the commentary 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 Trusts matter to completion. Commentary has been expanded covering the creation of a trust including gathering information, transferring assets to the trust and registration of the trust. New precedents have been included: Enclosure for clients explaining the rights and duties of a trustee Deed of novation of contract to a trust Receipt for trust asset Letter to insurer giving notice of assignment of pension or insurance policy Deed of assignment of chattels to a trust We invite you to explore this updated publication and to consider the wealth of assistance the Trusts guide offers.

A folder containing ALL of the By Lawyers Retainer Instructions precedents has been added to the Practice Management guide. One of the most important tasks when acting in all areas of law is taking the initial instructions. At the commencement of the engagement with the client it is crucial to take accurate, comprehensive instructions covering every necessary aspect of the matter, so the scope of the retainer can be agreed, the issues identified and understood and the client properly advised. Every By Lawyers matter plan has these Retainer Instructions precedents, drafted and refined by experienced practitioners to make this critical process as efficient as possible. They assist practitioners to obtain all relevant information up-front. To make it easier to access these key precedents, especially when seeing new clients where a file has not yet been opened, all 28 of them are now available from a dedicated Library of retainer instructions in the By Lawyers Practice Management guide, under Folder A: The Practice. The availability of these precedents all together in one guide makes it very easy to save or print the relevant Retainer Instructions for any matter type to use in the initial conference with a client even before a dedicated client file is opened. As always, comments and feedback are welcomed.

A chapter has been added to the Powers of Attorney and Advance Decisions guide which deals with applications to the Court of Protection for deputyship orders. Commentary has been included on capacity issues, the application process and the role of a deputy. The matter plan includes all the necessary letters and forms to obtain an order, including those required for notifying the person involved and third parties. The Retainer Instructions and To Do List for these specific matters will ensure that thorough instructions are taken and the required timescales are met. We invite you to explore this updated publication. Comments and feedback are always welcomed.

The Wills commentary has been enhanced to include detailed discussion of the processes involved in the witnessing of a will using video-link. Precedents for client instructions, a practitioner’s checklist and an attendance note have been created, as well as example wording for a will attestation clause. We invite you to explore this updated publication. Comments and feedback are always welcomed

By Lawyers are delighted to announce that the Enforcement guide has been published. A whole new commentary with practical advice is available together with precedents and a matter plan. We invite you to explore this new publication and to consider the wealth of assistance the guide offers for lawyers acting in the enforcement of a judgment. Comments and feedback are always welcomed.

A sharp increase in the number of property raffles over the last few months has prompted the enhancement of the Sale of Land commentary with discussion of the pitfalls and problems surrounding this unusual method of sale. Covering areas such as gambling legislation and advertising standards, practitioners who are approached by clients interested in a seemingly swift sale can now read this practical advice. We invite you to explore this updated publication. Comments and feedback are always welcomed.

The Purchase of Land commentary has been enhanced to include, in addition to searches of local registers carried out by local authorities, the process for applications for searches of a local authority register which have been migrated to HM Land Registry and are made using the registry’s Search for local land charges service. We invite you to explore this updated publication. Comments and feedback are always welcomed.

The Powers of Attorney and Advance Decisions publication has been reviewed and updated in accordance with the Office of the Public Guardian’s new digital service, known as Use a Lasting Power of Attorney. Read more...

Discussion of trust of land claims has been added to the Financial Remedy guide, enabling family law practitioners to gain an appreciation of the case law and process in this area. Covering an overview of trust law, a number of key cases and practical points to consider when dealing with disputes and making applications to court, this section of the guide will help practitioners when encountering this complex area. More informaiton is also available in the Freehold Property Disputes guide.

The By Lawyers Practice Management publication has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. Read more...

Legislation coming into force will permit wills to be executed and witnessed using video-link facilities. Whilst the legislation is not yet in force, it is anticipated that it will have retrospective effect, meaning that wills executed using video-conferencing since 21 January 2020 will be valid if the correct process was followed. Read more...

The Powers of Attorney and Advance Decisions guide has been enhanced with a fuller discussion of lasting powers of attorney including the roles and responsibilities of certificate providers and the process involved with objecting to registration. Commentary on enduring powers of attorney has been expanded with discussion of the registration and objection processes.

The Welsh Government has temporarily increased the nil rate band of land transaction tax for residential property transactions in Wales, increasing the nil rate from £180,000 to £250,000 for main residential purchases. The temporary rates apply for main residential purchases between 27 July 2020 and 31 March 2021, but do not apply to purchases of second homes or buy-to-let properties.

The Estates commentary has been enhanced to include discussion of recent case law pertaining to the forfeiture rule and a helpful section on locating a will.

The Commercial Lease guide has been enhanced with the inclusion of two new precedent documents to assist practitioners: Authorised guarantee agreement and Licence to assign. These can be found in the folder D. If Required – Sublease, assignment, variation and surrender.