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Climate Change and your property – what you, your solicitor and lender need to know!

Climate Change and your property – what you, your solicitor and lender need to know!

How will climate change affect my property?

We all know about climate change. It’s a topical issue that’s mentioned in the news almost every day – and for good reason – it’s getting worse, and it could even affect the value of your property.

With climate change on the rise and the potential issues identified concerning buildings and land, it’s no wonder that both solicitors and lenders are focusing their attention on how climate change might affect a property.

The statistics are stark:

  • flooding is projected to impact 2 million homes in 5 years’ time, and this figure rises dramatically to 3 million homes in 30 years’ time;

  • 449,000 homes are predicted to be affected by subsidence in 5 years’ time, with this figure rising to 2 million in 30 years’ time;

  • 10,800 properties will likely be affected by coastal erosion in 5 years’ time, with 42,000 properties expected to be affected in 30 years’ time.

It’s clear to see why purchasers and lenders alike are concerned about the impact that climate change could have on a property’s value. With lenders now taking a keen interest in the climate change risk factors, it’s vital that we understand those risks.

What do I need to look out for?

Most environmental search results now come with a climate change risk assessment.

The risk assessment will grade the property on an A – F scale:

  • ‘A’ and ‘B’ – meaning that no further action is required;

  • ‘C’ – meaning that some minor issues have been identified; and

  • ‘D’, ‘E’ and ‘F’ – meaning that the property did not pass the climate search and has significant risks.

A failed search result could result in issues obtaining insurance and mortgage lending.

The climate risk assessment doesn’t just assess the physical risks posed to a property, it also assesses ‘transition risk’ (the impacts of policy or legislation, such as EPC regulations or emissions) and ‘liability risk’ (a customer or company seeking damage losses, including a loss of value, suffered as a result of the physical or transitional risk related to climate change).

If you have any questions about how climate change could impact your commercial property, speak to the Commercial Team at Lawson West.

Contact us 0116 212 1000

Buyer Beware!

STEP is a global professional body made up of Solicitors, Accountants, Trustees and other practitioners who help families plan for their future. They have recently published their report into the preparation of Wills and Trusts in the UK. The report makes for interesting reading and can be found here Wills and Trusts | STEP

Phoebe Skarlatos, Head of our Probate Wills and Trust Team has considered the report and highlighted their key takeaways.

  1. 79% of respondents have encountered wills with errors in the last year that have been drafted by unqualified or incompetent will writers

Phoebe’s thoughts: This is a truly shocking statistic and highlights the importance of using a fully qualified and experienced will writer to prepare your Will! At Lawson West Solicitors, every one of our team have experienced Wills with errors at least once. The issue with errors in a Will is that the family can end up paying thousands of pounds to correct the error, or even just to clarify the erroneous meaning of the wording.  

  1. 45% of respondents have encountered an invalid will made by an unqualified or incompetent will writer in the last year

Phoebe’s thoughts:  Whilst not all errors make a will invalid, nearly half of the respondents reported errors such as interpretation issues, incorrectly signed wills, fraud and undue influence, mental capacity concerns and wills containing unnecessary and overly complicated trusts.  These errors resulted in wills which were either wholly or partially invalid.  The financial and emotional impact of errors such as these on a grieving family can be catastrophic and can result in the wishes of the deceased being disregarded. Again, all of the team at Lawson West have experience with dealing with such erroneously drafted Wills.

  1. 63% of respondents have encountered cases where a Will writing company charged more than their quoted fee for preparing a Will

Phoebe’s thoughts: There is a perception that unregulated will writers are cheaper than employing a specialist.  However, regulated practitioners such as members of STEP are fully insured and obliged to be transparent in their fees and advice. A reputable Solicitor will always provide you with a full transparent quote for the work you require and full advice tailored to your specific situation, and often when speaking to clients I have realised that the Wills they had prepared by an unqualified person were more expensive than our professional Wills! When it comes to Wills, it really does well to remember “buy cheap, buy twice”!

  1. Over half of respondents have come across firms making false claims about the product they are selling clients

Phoebe’s thoughts: This most commonly related to overselling trusts and complicated Wills which are unsuitable for the client.  There were reports of clients being advised to set up multiple trusts which may be completely unnecessary and which are expensive to set up, administer and eventually wind up.   The creation of these trusts can result in an Inheritance Tax liability where otherwise there would have been none, as well as massive income tax and capital gains tax complications. Trusts can serve many people well, but there are drawbacks to running trusts, and these have to be carefully considered before creating one. If something seems too good to be true, it usually is!

  1. 55% of respondents have encountered cases of dishonesty or incompetence relating to drafting or administering trusts

Phoebe’s thoughts: The main untrue claims made by unregulated trust providers relate to schemes to avoid care home fees with inaccurate claims about tax being a close second.  Trust creation and administration is a highly specialised area and the implications of bad advice or poorly prepared documents can be extremely costly to the client.

All of the members of the Lawson West Probate, Wills and Trust department are highly experienced with three being members of STEP. When you contact us to discuss the preparation of your Will, Lasting Power of Attorney or Trust we will let you have a quotation for our fees followed by written terms of business.  Our aim is to assist you to put your wishes into effect in the most efficient and cost effective manner.

We look forward to hearing from you to discuss your situation and how we can assist you.

Lawson West Introduces New Charity Scheme!

At Lawson West we continually strive to uphold our core values and so we are proud to announce the introduction of the Corporate Social Responsibility (CSR) scheme which is a clear demonstration of how we go the extra mile to deliver caring principles and a caring culture at work in accordance with our core values:

  • Integrity, honesty, openness

  • Being caring, helpful, supportive, respectful of others

  • Challenging, empowering, brave

  • Approachable, proactive, positive and consistent

Over the years Lawson West has been proud to support various charities and many of our staff are also passionate about helping charities.

Under a new policy we have created, each eligible employee is entitled to one paid day per holiday year to participate in charity events and activities away from work for selected charities who we will partner with for the CSR scheme. 

As you can imagine, this generous allocation of time is not only supporting worthy causes, but it allows every member of eligible staff an extra day off to help a charity and give back to the community.

The impact of this will be that multiple charities will all benefit from Lawson West staff volunteering their time to support them. This year the charities we are supporting through our new scheme are LOROS, Leicester Children’s Holidays, Animal Aid, LAMP and Action Homeless. Lawson West’s CSR team accepts nominations from staff in support of charities and these change each year.

We hope you will all share our enthusiasm for the new CSR policy. We look forward to sharing our charity experiences!

Lawson West Solicitors delighted to announce…

Lawson West Solicitors has been shortlisted for the ‘Solicitor Firm of the Year – Midlands’ award at the British Wills and Probate Awards 2023. We are thrilled by the news! View the full shortlist here.

Solicitor Firm of the Year – Midlands

Lawson West Solicitors Limited
Shakespeare Martineau
Sills & Betteridge LLP
Thursfields Solicitors

Lawson West is the only shortlisted firm which is based exclusively in Leicestershire, demonstrating that our levels of service and expertise are one of the best in the county.

This is the second year that Lawson West has been a finalist, having come “highly commended” in the Outstanding Employee Experience award in 2022.

The winner will be announced at an awards ceremony taking place on Wednesday 11th October in Manchester, our staff are looking forward to attending this exciting event.

Phoebe Skarlatos, Head of Probate, Wills & Trusts, comments:

“It is an absolute honor to be shortlisted for this prestigious award. I have worked with the firm for over 7 years and have seen it go from strength to strength in that time. It is truly the best place I have ever worked and to have the opportunity to work with such talented and lovely people is fantastic. I am so proud of the team and the firm and can’t wait to find out the result in October”

Congratulations to all involved!