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.

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 Private Child Arrangements guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. The extensive review took a practical approach to cover all aspects of procedure, with a focus on practical tips that will help solicitors and conveyancers confidently run a private children matter. The commentary covering witnesses has been expanded. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for solicitors and practitioners.

From 20 April 2020 existing statements of truth for estates will be replaced by the new grant of representation application forms. Old-style Statements of Truth received after that date will be rejected by the Probate Registries and practitioners asked to submit the appropriate new form instead. The implementation of the new forms is part of HM Courts & Tribunals Service’s drive to streamline its systems thereby enabling bulk scanning. This in turn is expected to reduce errors and speed up their processes. The new forms which may be found on the matter plan are: PA1A – Probate application – without a will PA1P – Probate application – with a will PA8A – Application to stop, or extend a stop on a grant of representation (Caveat)

A new precedent Deed of Substituted Security has been added to the By Lawyers Mortgages Guide. This precedent can be adapted to suit most circumstances where a lender hasn’t supplied their own. This precedent can be found in folder G. If required - Discharge, assignment and variation.

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

The Probate and Wills Commentaries have been updated to reflect the increase to the statutory legacy payable to a spouse on intestacy. From 6 February 2020 the legacy is £270,000.

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.

The Practice Management publication is undergoing a makeover to ensure it complies with best practice and SRA regulations. Read more...

Following user feedback, a new letter has been added to the Divorce publication providing advice on judicial separation as an alternative to divorce or dissolution.

The Land Registry hopes to release its digital mortgage service in public beta this year. In a recent news update, the Registry’s digital services manager Eddie Davies said that ‘the department is continuing to work with Coventry and Enact on the next phases of the service as well as also working with lenders to get their mortgage deeds approved and templates created. So far, the Registry has approved several deeds from lenders in the remortgage market including Nationwide, HSBC, RBS, NatWest and Santander. ‘Since opening the service to more lenders and conveyancers we have seen an increase in the number of digital mortgages registered showing an appetite in the market to use new technology. Some lenders have started offering online mortgage applications and our service helps to bring the industry one step closer to an end-to-end digital process.’

According to the Solicitors Regulation Authority (SRA) almost one quarter of firms do not adequately explain leasehold tenure and the associated issues. Accordingly, By Lawyers have reviewed the precedent Report on title – Leasehold in an effort to provide clients with a much clearer understanding of the implications of purchasing a leasehold estate. Plain language communications, particularly with clients, is a primary focus for By Lawyers.

A residential leaseholder's right to manage is under review by the Law Commission. Submissions closed 30 April 2019 and the outcome is now awaited.