The Estates commentary has been updated to reflect operational changes brought in by HM Revenue & Customs and the Probate Registry. HM Revenue & Customs will no longer print and stamp the inheritance tax Probate Summary, form IHT421, and return it to customers. Instead, they will email the IHT421 directly to the HM Courts & Tribunals Service. They will let the agent or taxpayer know when they have done this either by writing, or by adding a note to the IHT calculation. HM Revenue & Customs will no longer be accepting cheque payments for IHT, or making IHT repayments by cheque. They have started to update various IHT forms to include space to add bank details. To date, the provision to add bank details has been added to the Claim for Relief – Loss on Sale of Shares, form IHT35, and Inheritance Tax Account, form IHT100. Practitioners should make sure that they are using the latest versions of all forms. Probate applications should be sent to the Oxford and Newcastle district registries only, and not Cardiff or Harlow. The Estates commentary provides practical guidance for all those running probate files.

A new publication relating to the law and practice of debt recovery matters has been published. This comprehensive and easy to follow publication provides commentary and precedents for the conduct of debt recovery matters, both before and during court proceedings, when acting for a claimant or defendant. It includes: Commentary discussion of: the pre-action protocol and practice direction; alternative dispute resolution and offers to settle; issuing proceedings and responding to them; default and summary judgment; case management, disclosure and trials. Precedents for: conditional fee agreements; letters of demand; particulars of claim; settlement agreements; defence and counterclaims; chronology, case summary and trial bundles. Also letters to clients explain the process and protocols, and standard letters to other parties give practitioners all the focused and practical guidance they need. We invite you to explore our new Debt Recovery publication and consider the wealth of assistance it offers.

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.

Our Financial Remedy Guide underwent a recent review with considerable commentary enhancements to include greater practical detail on topics such as financial dispute resolution appointments, costs and clean break lump sums. The Retainer Instructions – Financial Remedy, which is a useful risk management tool, was also further developed to include sections for clients to consider their financial position in order to assist in the completion of a Form E Financial Statement. This is an excellent publication providing practical and useful information for practitioners when conducting a Financial Remedy matter.

Dealing with coronavirus legal issues is currently a major challenge for legal practitioners everywhere. A great deal of emergency legislation has been passed already in response to the pandemic, both temporary and permanent. Temporary arrangements are daily being introduced by courts, the land registry and other authorities to allow business to be transacted despite the need for social distancing. There are also practical measures that can and must be taken to allow practitioners to continue to provide their services and assist their clients. By Lawyers have produced a publication which brings together in one place a collection of practical information to help the profession at this time. Dealing with coronavirus legal issues is a valuable resource for practitioners. It is available now by clicking on the link at the top of the matter plan in every By Lawyers Guide. The Dealing with coronavirus legal issues publication will be updated and enhanced as the response to the pandemic develops. As always, By Lawyers will keep practitioners abreast of ongoing changes and provide our trademark practical assistance to guide the profession in these difficult times.

The By Lawyers Sale of Land Guide has been reviewed and updated to ensure that the commentary 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 sale matter to completion. The following sections of commentary have been expanded: undertakings are explained in more detail; the unregistered land section has been improved; adverse possession claims and procedures are discussed in greater detail; the process by which contracts are exchanged has been amplified, including a worked example of using Formula C; and post-completion tasks are discussed in greater detail. The following precedents have also been enhanced as part of the review process: Retainer Instructions -Sale of Land; and To do list – Sale We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for solicitors and conveyancers acting in residential sale matters.

By Lawyers have released a Working from Home Policy for adoption or amendment by firms. The new policy outlines consideration of a general nature as well as discussing security and confidentiality, insurance, working hours and so on. This new policy may be found in the Practice Management guide – Library of firm policies.

By Lawyers have published an article with a summary of the options for signing documents when meetings are not possible. Practitioners may find this useful due to the government ‘lockdown’ measures during the COVID-19 pandemic. The article can be found here.

The By Lawyers Purchase of Land 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 purchase matter to completion. The commentary has been expanded: Undertakings are explained in more detail. The unregistered land section has been improved. Adverse possession claims and procedures are discussed in greater detail. A new section on finance and funding draws together all the financial aspects of the transaction, including mortgages, taxes and help to buy funding. Issues surrounding short term lets, for example Airbnb, are discussed. The section about pre-exchange searches has been expanded. The process by which contracts are exchanged has been amplified, including a worked example of using Formula C. Post-completion tasks are discussed in greater detail. The retainer instructions have been updated. The to do list has been updated. The summary of the conveyancing process has been updated. The matter plan now includes new precedents: New and amended possible enquiries, including a set specifically for new build properties. A letter sending the help to buy ISA declaration to clients, and a link to the declaration itself. An access undertaking for use when buyers would like access to the property between exchange and 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 residential purchase matters.

To assist practitioners when making an emergency application for a limited grant to preserve assets in estates, By Lawyers have drafted a precedent Example Content - Statement of Truth - Ad Colligenda Bona - Limited Grant. Read more...

In line with advice from the Conveyancing Association, By Lawyers have amended our precedent post-completion notices to include a section relating to Land Registry certificates. These edits will allow practitioners to obtain the necessary consents more efficiently and cost-effectively. The notices can be found in the Purchase of Land Guide. In order to access the latest version of these precedents, don’t forget to click or tap update and replace the existing precedent when the document is opened.

The Property information form TA6 has been updated. The changes are in relation to Japanese knotweed, flood risk, radon and septic tanks.

In response to the criticism levelled at the profession for failing to adequately advise buyers of the distinction between freehold and leasehold titles to residential property, By Lawyers have produced a brief appreciation that can be sent to clients with their initial letter. You will find the precedent ‘Enclosure - A short explanation of the important distinction between freehold title and leasehold title’ on the purchase matter plan.

In order to further enhance communications between practitioners and their clients we have added to the initial letter an informative summary of the conveyancing process. This easy to follow chart is a step by step explanation of the process from the point of view of both the seller and the buyer. The matter plan provides letters for each step of the process, informing the client, the agent and other interested parties that the transaction has advanced to that stage.

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.