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Month: December 2023

Why does Probate take so long? Share your experiences with the investigative committee!

Posted on by Mike

The Ministry of Justice, the Government department which oversees the Probate Registry, has begun an investigation into the ongoing issues that citizens and practitioners have been seeing with the probate process since February 2020. As part of this initiative, the committee has invited both clients and professionals to share their experiences, shedding light on potential issues within the system.

What are they looking for?

The Ministry of Justice Committee’s investigation focuses on various aspects of the Probate Registry, including but not limited to:

  1. Efficiency and Timeliness – examining the efficiency of the Probate Registry in processing applications and addressing concerns about delays in the probate process.

 

  1. Costs and Fees – reviewing the costs associated with obtaining probate and assessing whether these fees are reasonable and proportionate to the services provided.

 

  1. Customer Service – scrutinizing the quality of customer service provided by the Probate Registry, including responsiveness to queries and the overall client experience.

What can you do?

One unique aspect of this investigation is the Ministry of Justice Committee’s call for the public to share their experiences with the Probate Registry. This inclusive approach aims to gather first hand accounts, providing a comprehensive view of the challenges and successes encountered by individuals navigating the probate process.

Individuals are encouraged to share their experiences of:

 

– The ease of submitting applications.

– Any difficulties faced during the process.

– Feedback on communication and support received.

 

The committee believes that by incorporating client perspectives, it can better understand the real-world impact of the Probate Registry’s operations and identify areas for improvement.

You can submit your experiences on the Parliament website here: https://committees.parliament.uk/work/8035/probate/

(The deadline for submissions is Monday 22nd January 2024)

What happens next?

Following the collection of client experiences, the Ministry of Justice Committee will analyse the data and consider recommendations for improving the Probate Registry’s functionality. We at Lawson West hope that this will lead to increased customer service and decreased waiting times!

How can I get probate more quickly?

Sometimes there are exceptional circumstances which mean you can request that your application for probate is expedited. If you need help with applying for probate or administering the estate of a deceased loved one, please contact our Probate, Wills and Trusts team on 00116 212 1000

Merry Christmas to you!

Posted on by Mike

Wishing you a Merry Christmas from everyone at Lawson West Solicitors!

See our Christmas video below…

The ‘Re-marriage Trap’; the reason a Financial Remedy Order is so important

Posted on by Mike

We have written about this issue before, but it is so important that it certainly deserves a reminder.

When supporting you through your divorce or dissolution, our dedicated family solicitors will always advise you how important it is to resolve your matrimonial finances and incorporate the agreement you reach in a financial court order.

You may not know that you remain financially bound to each other after your marriage ends. It certainly isn’t something that is explained to you on your wedding day! This means that you or your ex-spouse may have a claim against an asset owned by, or income received by, the other person. The claim exists in both life and death, meaning that your family may face the daunting prospect of a claim being brought against your estate when you die, unless matters are resolved.

So, what can I do about it?

The answer is simple; you can make sure that any agreement you reach about the matrimonial finances is incorporated in a Court Order. It doesn’t matter if you have no assets now; you may have some in the future and it is important to protect them.

But why should that agreement be incorporated into a court order?

Well, there are lots of reasons why that agreement should be incorporated into a court order and approved by the court.

  • Firstly, if you decide to share your pensions, the pension company can only deal with the pension share if it is incorporated in an approved court order.

  • Secondly, the terms of your agreement can only be enforced if they are incorporated in an approved court order. Say, for example, you have agreed that the family home will be sold, but your ex-spouse is refusing to place it on the market. If your agreement is incorporated in an approved court order, then you can make an application to the court to enforce its terms. If it isn’t, you simply can’t.

  • Thirdly, we will draft the order so that it is in “full and final satisfaction of all claims arising in life or in death”. This means that, save for some limited exceptions, neither of you can make a financial claim against the other in the future, and your respective assets are protected.

  • Finally, and most importantly, because of the “re-marriage trap”. If you are the respondent in divorce proceedings and there is no financial agreement or there is an agreement, but it is not incorporated into an approved court order, then you are barred from making a financial claim, other than one in relation to the other person’s pensions. You wouldn’t be able to enforce an agreement reached either.

The courts looked at this issue in the now established case of E v E [2008], which serves as a stark reminder of the dangers the re-marriage trap can pose. In that case, the parties had agreed that the wife would pay the husband a lump sum of £250,000. The husband then took a holiday to Bali where he re-married his new partner. Three days after his re-marriage, the husband’s solicitor filed a financial consent order at Court for approval, incorporating his agreement with his ex-wife. The Court refused to approve the order, as they did not have jurisdiction to do so after the husband’s re-marriage. The outcome? The wife wasn’t required to pay the husband any money.

Resolving financial matters is complex, both in law and practice. At Lawson West Solicitors you will only be advised by a fully qualified solicitor who will have extensive experience in the resolution of family matters. Contact Us, we would love to help you.

Call our expert Family Law Solicitors today on 00116 212 1000

Heat of the moment resignations

Posted on by Mike

Senior Associate Solicitor, Kate Lea, explains…

 

I’m not particularly ‘hot headed.’  I’m risk averse.  Measured.  Indeed, some might say I think about things a little too much! However, on many occasions during my practice as an employment lawyer I have advised clients who in the face of incredible pressure, unreasonable demands and sometimes discriminatory conduct have decided to chuck in the towel.  And yes, I admit, even I on occasion have felt compelled to do that too!  So, it was with interest that I read the recent decision of the Employment Appeal Tribunal [EAT] in the case of Omar v Epping Forest District Citizens Advice. 2023 EAT 132

Background facts

In this case the Claimant resigned during a heated discussion with his manager. The following day he tried to retract his resignation, arguing that it had been in the ‘heat of the moment’. The Respondent disagreed and his employment ended. The Claimant claimed unfair dismissal. The tribunal found that the Claimant had not been dismissed but had in fact resigned. However, the EAT disagreed and referred the matter back to the Tribunal for fresh consideration, drawing together the relevant key principles to be taken into account when considering a ‘heat of the moment’ resignation or equally dismissal.

 

Such factors include: 

  • A notice of resignation, once effectively given, cannot be unilaterally retracted.

  • You should look at words of resignation objectively in all the circumstances of the case.

  • The circumstances that may be taken into account, include anything that would have affected the way in which the language used would have been understood by a reasonable bystander.

  • The subjective understanding of the recipient is relevant but not determinative.

  • It is not enough if the party expresses an intention to resign in future – the reasonable bystander, in the position of the recipient, must understand from the words used that the speaker is actually resigning.

  • The reasonable bystander, in the position of the recipient, must feel that the resignation was ‘seriously meant’, ‘really intended’ or ‘conscious and rational’.

  • You should assess whether the words reasonably appear to have been ‘really intended’ at the point in time that they were said.

  • Evidence about what happened afterwards is relevant, but the longer the time that elapses, the more likely it is that the evidence will be of a subsequent impermissible change of mind (rather than of the intention at the time)

  • It is a question of fact, for the tribunal in each case, which side of the line a case falls.

This case is a helpful reminder to practitioners, employees and employers of the relevant factors to consider in the case of ‘heat of the moment’ dismissals or resignations.  A tribunal will undertake a careful analysis of the background facts of ‘that’ case before making a determination.

 

Contact our Employment Law Team today: 00116 212 1000

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