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...

The period of enforced suspended animation brought about by the pandemic is coming to an end and for the majority there is a sigh of relief and a strong desire to return to normality. However, having been enveloped in a state-controlled protective cocoon for months, the reality is that the Piper’s very large bill now needs be paid and the wake-up call is going to be harsh. Read more...

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.

As a response to a user request, the matter plan has been amended to include a letter sending a blank form FP8 Notice of Change of Solicitor to a client at the start of the matter, to assist practitioners in ensuring that a signed copy of this is on file should the need arise later in the matter. The user who requested it kindly let us know that it is ‘wonderful to have such amazing speedy support from By Lawyers’. The matter plan also now provides a link to the new interactive PDF version of the form E Financial Statement. The interactive PDF will populate fields, calculate figures and guide practitioners through the form. More information about this form is available from the LEAP Content Blog.

As commentators are suggesting that wills signed during the coronavirus pandemic may be more open to challenges, a new Will Execution Attendance Note precedent has been added to the Wills matter plan to assist with Larke v Nugus requests. The attendance note when coupled with the retainer instructions prompts practitioners to consider and briefly note the situation surrounding the taking of instructions and the execution of the will. These documents, readily completed at the time, will assist practitioners should a request for information ever arise in the future. The opportunity has also been taken to add a precedent To Do List – Wills to the guide in order to assist practitioners with file management.

The By Lawyers Sale and Purchase of Business guides have been reviewed and updated to ensure that the commentaries and precedents are in line with current law and conveyancing practice. As with all our guides, they take a practical approach, drawing on our authors’ considerable experience to cover all aspects of procedure, with a focus on practical tips that will help solicitors and conveyancers confidently run a sale or business purchase matter to completion. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for solicitors and conveyancers acting in the sale or purchase of a business.

The By Lawyers Estates Guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and conveyancing practice. The extensive review was performed by our author Marcella King. As with all our authors, Marcella takes a practical approach, drawing on her considerable experience to cover all aspects of procedure, with a focus on practical tips that will help solicitors and conveyancers confidently run a probate matter. The commentary has been expanded, and a new To Do List has been included. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for solicitors and conveyancers acting in the administration of an estate.

From the 10th January 2020, the 5th Money Laundering Directive (5MLD) will come into force. In support of these new compliance requirements, By Lawyers has made several precedent amendments. In particular the Client Details and Verifying Identity precedent now recommends an electronic identification verification process but continues to support a manual process should that be necessary. Practitioners can elect whether the client has passed the verification successfully or whether the client details have been passed on to the AML Officer for enhanced due diligence. For manual verification practitioners are able to record an acknowledgment that identity documents were produced personally, and the photographic ID was a good likeness of the person producing them. Other changes include: The precedent now captures sex and nationality detail; and Politically exposed persons (PEP) are covered in greater depth with a number of suggested searches firms should be undertaking. The details about a PEP client can be recorded on the precedent along with the provision for a senior partner to authorise the firm to act. The retainer instructions have also been amended to include an acknowledgement that the instructions relate to a PEP and require a senior partner to authorise the firm to act.

The Civil Partnership (Opposite-sex Couples) Regulations 2019 enabling opposite-sex couples to enter into a civil partnership come into force on 2 December. This means that after a 28-day notice period, the first heterosexual civil partnership ceremonies could take place any time from the 31st December.

The By Lawyers Domestic Violence publication has been reviewed and updated by our authors as part of our continuing review process. This review saw the commentary in particular enriched with a deeper more practical approach to running such a matter.

As a result of user feedback, the sale and purchase commentaries now include an appreciation of adverse possession of registered land.

Several practitioners have been in touch about their preference for using the STEP provisions when drafting wills. In order to assist those practitioners By Lawyers have drafted three new precedents. Read more...

The Core Practice Management Standards of the Conveyancing Quality Scheme commenced today. These standards help to clarify the scheme requirements and assist firms to implement the necessary policies, procedures and plans.

At By Lawyers we love to hear from you. After all, our philosophy is focused on practical materials to assist practitioners to get the job done and to enjoy practice more. At the bottom of each matter plan we have included a hyperlink to Comments & Suggestions. Clicking on the link will open a form which users can fill out and submit. The form will require your name and email but that is simply so we can respond to you personally. Is there a precedent you need? A topic to be discussed? A point of view to be expressed? Share with us. We would love to hear from you!

Following a user request last week we have drafted a new precedent with a variety of additional enquiries that a purchaser may ask on those less than common occasions. Read more...