Menu

TRS deadline is this week! – New rules

 

If you have previously dealt with solicitors when preparing your Will or dealing with a bereavement, you may have recently heard about the new Trust Registration Service (TRS) requirements.

New laws have recently come into force meaning that any trust must now be registered with the TRS (which is part of the Government website).

The deadline for registration is 1st September 2022


What is a care planning Will?

Solicitors are increasingly seeing clients who are worried about going into care. Specifically, people are worried that they will be forced to sell their homes to pay for care, meaning their loved ones lose out when inheriting on their death.

In order to safeguard at least half of the value of your house, married couples are often advised to incorporate a type of trust into their Will. This is commonly known as one of the following:

 

  • Life interest trust (LIT);

  • Interest in possession trust (IIP); or

  • Immediate post death interest (IPDI).

 

This type of trust allows the surviving spouse to live in the property for the rest of their life (subject to certain conditions). If the surviving spouse goes into residential care, only their half of the sale proceeds can be used towards their care. This means that the deceased spouse’s half is protected for whoever they might direct – often the couple’s children and/or grandchildren.

 

What are the new TRS rules and penalties?

These types of trusts now have to be registered with the TRS before 1st September 2022, or within 90 days of the first spouse’s death (whichever is later).

If you fail to register the trust by the deadline, you could be subject to penalties from HMRC. It is therefore vital that you seek advice if you have any concerns – as 1st September approaches, professionals will become busier and so the longer you leave it, the more likely you are to miss the deadline.

 

Do any other trusts need to register?

The vast majority of trusts now need to be registered under the TRS.

If you have questions about whether or not a specific trust needs to be registered, you must approach a solicitor as soon as possible to discuss if you need to register your trust.

 

How can we help?

At Lawson West, our lawyers can quickly advise whether or not you might need to register and we can even register the trust for you if needed. To discuss your circumstances, please call 0116 212 1000 and ask for the Probate, Wills and Trusts team, or contact us online here.

Trustees could face a penalty if you’ve missed 1st September 2022 deadline. If you are affected by a penalty or would like TRS advice or support, please contact our Probate, Wills and Trusts team:

Government TRS scheme deadline for trustees and penalty legal helpline answers for trustees

 

Beware of Fraud: in legal transactions and large payments to solicitors

Beware of Fraudsters and Fraudulent Emails

You probably know that fraudsters are out there looking for opportunities to steal funds in an illegal way and they often target solicitor practices because we handle large sums of money. At Lawson West we take fraud prevention and anti-money laundering very seriously.

From a solicitor’s perspective, clients who transfer large sums are at risk from being targeted by fraudsters and these include, but not limited to, commercial transactions, transactions involving conveyancing deposits and full property purchase, as well as dispute resolution, wills and trusts.

You can rest assured at Lawson West that all our staff receive regular Anti-Money Laundering training as part of our commitment to identify fraud, fake emails and fraudsters and we are very good at spotting irregularities when we see them. Even though our systems and staff are security-orientated, we all need to be vigilant in spotting fraud as it often occurs at the client-side of a transaction and often involves fraudulent emails asking for money to be transferred.

Did you know? Lawson West is not liable for any losses sustained by you as a result of responding to fraudulent emails or paying money into an incorrect account.

We encourage clients to take simple steps to help protect your money:

4 Important Steps to reduce the risk of fraud:

1.  Don’t rely on emails telling you to transfer funds:

always check with our team by phone beforehand on a number you know is Lawson West. The email might not have come from us, and fraudsters sometimes pretend to be our lawyers. Checking by phone gives you confidence to know that the email is genuine. Check the name of the bank. We will not change our bank account details mid-transaction. Many clients like to pay us £1 first to verify an account before very large sums are transferred and this is fine by us. 

2.  Don’t make payments online from a vulnerable location:

don’t make payments from your mobile phone or tablet when sitting in a non-secure environment like a café or public space for example. Make transfers from the safety of your own home where you trust the equipment and security.

3.  Avoid sharing on social media:

don’t post on social media about buying/selling your house. Fraudsters may get hold of this information and know the next step is a large financial transaction.

4.  Don’t forget about credit card fraud:

we accept payments by credit card online through our website and over the phone and this is secure, but don’t read out your credit card number (or bank account details) to us if you are not on your own or you’re in a public space.

Thankfully fraud is rare, but it is on the rise, so it’s good practice before you make a deposit or payment to check the details thoroughly beforehand. Remember, if the fraudsters have targeted you personally, then we cannot claim on our insurance policy for any loss.

Be safe and secure.

 

 

Can I relocate within the UK and take my children?

Of course it may be possible to relocate in the UK with the children, however, if you share parental responsibility with another parent and the move will impact on the arrangements the children currently have with their parents then you should seek the consent of the other parent.

If there is already a Child Arrangements Order in force you will need to apply to the Court to vary the arrangements if the move will make current arrangements impossible.

Can I still move if the other parent says no?

There are many problems that could arise if you attempt to move without the other parent’s agreement.

If you attempt to move without the agreement of another parent they could apply for an order to prevent you from doing so (Prohibited Steps Order).

They could apply for a return of the child to them pending a final decision (Specific Issue Order)

If you have moved without agreement, then other parent could not return the child back to you following the contact they have with them, they may then apply for an order to prevent you from removing the child from their care pending a final decision by the Court (Prohibited Steps Order).


What to do if the other side say no?

Apply to the Court for a Specific Issue Order allowing you to relocate with the child, alongside a Child Arrangements Order to determine the arrangements that will be in place following the relocation.


Can the Court refuse a move?

Yes, if it is not considered to be in the child’s best interest then a move could be refused by the Court.


How long will it take?

If an application to the Court is required it is likely to take a minimum of 6 months, but due to court delays this could be much longer.


What if the other side agree?

Get the agreement recorded in writing through a solicitor. If you are concerned the other side could change their mind later down the line, instruct a solicitor to draft a Consent Order to submit to the Court. The Court can make a consent order for child arrangements without the parties being required to attend at mediation.

The agreement/order, can do more than detail the move, it can record the arrangements for the children once they have moved, including the time they will spend with each party. This may provide reassurance to the other parent enabling an agreement to be reached.

Sarah Townsend

Sarah Townsend, Family Law Solicitor
Lawson West Solicitors, Leicester

If you would like to speak to a member of our Family Law team about your options and responsibilities for children during relocation within the UK, please Contact Us

 

 

 

Is it too hot to legally work? What can employees do?

Is it too hot to legally work?

As the UK faces a heatwave of temperatures set to rise to 38 degrees and some parts of the UK is to be hotter than the Bahamas and Maldives – it asks the question when is it too hot to work?

Can you tell your employers that it is too hot to work?

The law does not state what temperature it is too hot to work, the Health and Safety Executive guidance does give advice on what should be the minimum temperature to work which is 16 degrees or of the job involves physical exertion then it can be 13  degrees.  However, there is no guidance when it is too hot to work. 

Vaishali Thakerar

Vaishali Thakerar, Employment Director and Solicitor at Lawson West Solicitors has said that employers should however consider what is reasonable as they have a duty of care to their employees in the office.  Some places of work such as factories can get extremely hot due to the nature of work undertaken.

What are your rights in the workplace?

Employers are under an obligation to carry out assessments of the workplace in order to ascertain whether they have acted reasonably, due to having a duty of care towards their employees.  Government guidance does state that the temperature at work should be at a comfortable level and that there should be clean and fresh air.

Employees who are pregnant may struggle in the heat and employers owe a duty of care to them, and failure to carry out a risk assessment or make adjustments, could amount to pregnancy discrimination.  In addition, those employees who have a disability may require reasonable adjustments, and again employers are under an obligation to consider these and make the necessary amendments to the role in order for the employee to be able to work.

If your employer has made no communication to employees about their approach to hot weather working, you are legally within your rights to ask for clarification.

Lawson West Solicitors has large employment law team, you can Contact Us here, for any advice you may need about your employment situation.