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Post-Death Deeds Of Variation
04 June 2021
1 min read

Post-Death Deeds Of Variation

To assist practitioners working in estate administration, the Probate and Letters of Administration guides have been enhanced with commentary covering variation of testamentary and intestate dispositions and the effect that they may have on the estate’s tax position. In addition, 11 new post-death deed of variation precedents have been published which cover the most common requirements. We invite you to explore these updated publications. Comments and feedback are always welcomed.
Estate Administration 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
Library Of Precedents For Small Business Clients
10 May 2021
1 min read

Library Of Precedents For Small Business Clients

A folder of new precedents for clients who are commencing or operating small businesses has been added to the Purchase of Business, Companies and Partnerships guides. The new library of precedents provides a suite of documents which practitioners can provide to their clients who own and operate small businesses, to assist them with the day-to-day running. These documents can be provided to clients both when they are setting up or purchasing a new business and when required for existing businesses. The documents are general in nature so they can be customised and amended as required for the needs of different clients. The precedents are designed to apply across various sectors, whether traditional storefront retail or online and whether supplying products or services. These new precedents are: Agreement for supply of goods and services Credit application Data protection policy for a business Dispatch and delivery policy Director guarantee Liability waiver and consent Returns and refunds policy Example tax invoice Terms of trade Website terms of use for advertising and booking personal services Website terms of use for downloadable online products Website terms of use for physical products The new If required - Library of precedents for small business clients folder is located in: Purchase of Business matter plan - in folder H. Mid-transaction Companies matter plan – in folder B. Setting up a company Partnerships matter plan – in folder D. General business This practical material was added to these existing By Lawyers publications in response to requests and suggestions from By Lawyers users. The precedents provide practitioners with additional tools so they can better assist their clients with all aspects of their business. We invite you to explore these new precedents. Comments and feedback are always welcomed.
Business and Franchise Companies +2
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
Freehold Property Disputes – New Guide
23 April 2021
1 min read

Freehold Property Disputes – New Guide

An interesting new guide which assists property litigation practitioners has been published. The practical guide contains matter plans, commentaries and precedents for Acting for the Claimant and Acting for the Defendant. The commentary covers the following topics: Nuisance; Trespass; Boundary issues; Breaches of covenant; Ownership disputes; Going to the tribunal – First-tier and Upper Tribunals; Going to court – Part 7 and Part 8 of the Civil Procedure Rules. New precedents include: Retainer instructions; Letter to local authority reporting statutory nuisance; Letter to defendant before action – Private nuisance; Example content – Particulars of claim – Private nuisance; Example content – Defence – Private nuisance; Letter to process server with instructions to serve interim possession order against unknown occupier; Example content – Particulars of claim – Possession after trespass; Example content – Defence and counterclaim – Trespass; Letters following the boundary disputes protocol; Letters to claimant’s solicitor asserting adverse possession claim and discussing next steps; Scaffolding licence; Deed of release of restrictive covenants. The Freehold Property Disputes guide is a comprehensive and practical resource for practitioners who are advising and representing both claimants and defendants in property disputes.
Litigation and Disputes News and Updates
New Deed Of Variation Of Rentcharge
21 April 2021
1 min read

New Deed Of Variation Of Rentcharge

Following a user request, a new Deed of Variation of Rentcharge has been added to the Sale of Land guide. The new deed enables parties to relinquish any remedies for breaching an existing rentcharge deed. As lenders become more anxious about the possible effects of s 121 of the Law of Property Act 1925 and the potential for leases to be granted where rentcharges are outstanding, we believe that this deed will be a useful tool for conveyancers in mitigating these risks for their lender and lay clients.
Conveyancing and Property News and Updates
Summary Of Key Obligations Of Anti-Money Laundering Guidance For Legal Sector
18 April 2021
1 min read

Summary Of Key Obligations Of Anti-Money Laundering Guidance For Legal Sector

We have published a new commentary, A summary of the key obligations of the Anti-money laundering guidance for the legal sector which sets out the essential information that practitioners need to know to ensure that they comply with the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. The new commentary can be found in the Compliance requirements folder on every By Lawyers matter plan. The goal of By Lawyers is take the intimidation out of the law and ensure that our clients enjoy practice more. As a result, all By Lawyers commentaries are published with a focus on providing a sensible appreciation of law and practice in England and Wales.
Practice Management 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
Short Residential Tenancies
12 April 2021
1 min read

Short Residential Tenancies

We are very pleased to announce the release of the Short Residential Tenancies guide to complement our many comprehensive Conveyancing and Property guides. This guide covers all aspects of practice and procedure when preparing, managing and ending a short residential tenancy. The commentary is practical and easy to understand and is supported by numerous helpful precedents. Key content includes: Commentary on the types of short-term residential tenancies; Guidance on creating short-term residential tenancies; Tenancy agreements to suit various situations; An inventory and inspection report to assist with managing a tenancy; and Notices to end a tenancy. The Short Residential Tenancies guide is an invaluable resource for all practitioners who wish to prepare, manage and end a short residential tenancy. We invite you to explore the new guide. Comments and feedback are always welcomed.
Conveyancing and Property News and Updates
A New Will Clause In The Library
01 April 2021
1 min read

A New Will Clause In The Library

Following a request from a user, a new clause, Immediate post death interest in property, has been added to the Wills matter plan, in the Library of clauses contained in the C. The Will folder. The new clause allows for the grant of an immediate post death interest in a property to a partner, whether they are unmarried, married, in a civil partnership. An option for the interest to revert to children on either the death of the partner or their marriage or cohabitation has also been included. Comments and feedback are always welcomed, particularly if other clauses would be useful.
Wills and Lifetime Planning News and Updates
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