Parry Carver Support Midlands Air Ambulance Free Will Writing Scheme

Parry Carver Support Midlands Air Ambulance Free Will Writing Scheme

Legal

Parry Carver Solicitors are proud to support the Midlands Air Ambulance Charity and it’s free Will Writing Scheme.

Gifts in Wills are vital for the Midlands Air Ambulance and provide for 40% of the service’s annual running costs.

If you would like to use the Free Will Writing Scheme and you are 55 years or over, please contact for further information Toni or Joyce on 01952 641291 or email wills@parrycarver.co.uk

Inheritance Act claims could rise after Court of Appeal ruling

Inheritance Act claims could rise after Court of Appeal ruling

Legal

What could happen when a relative discovers that he or she has been left out of a will? A recent court case highlights how one woman successfully challenged her mother’s will.

Following a judgment in a recent Court of Appeal case adult children may be encouraged to challenge wills where they consider that their parents have not made reasonable provision for them.

In Ilott v Mitson the court heard that Melita Jackson had left an estate worth £486,000 to the RSPCA, RSPB and Blue Cross animal charities after her death in 2004. Her daughter, Heather Ilott, aged 54, challenged the will under the Inheritance (Provision for Family and Dependants) Act 1975.

Mrs Ilott, had left home with a boyfriend at the age of 17. Mother and daughter had become estranged and despite attempts at reconciliation, Mrs Jackson had apparently never forgiven Mrs Ilott and excluded her from her will, making it clear she did not want her daughter to inherit anything.

The Court of Appeal determined that Mrs Ilott, who has five children, was not given a reasonable provision from the estate for her future maintenance as she was on benefits and had no pension.  They also found that Mrs Jackson had no connection with those particular charities during her lifetime.
Mrs Ilott was awarded £143,000 to buy the rented home she lives in from a housing association and a further £20,000 in cash as additional income.

The ruling means that although we still have a principle of complete testamentary freedom in this country and individuals are still able to disinherit their children if they wish, they will need to have a good reason why and be able to explain what connects them to the people or organisations that they have chosen to include in their wills instead. Consequently adult children who have been left out of wills may find it easier to challenge them if they have not been left a reasonable provision.

If you are making a will and want to do your utmost to ensure that your wishes are followed to the letter, there are certain safeguarding provisions you can incorporate to ensure compliance.  If you would like to update your will please contact one of our will experts at Parry Carver in Wellington and Shifnal.

Legal Aid Audit Success

Legal Aid Audit Success

Legal Updates

Legal aid performs a crucial role in providing fair and equal access to justice to those most at risk from being excluded from our legal system.

In order to offer legal aid services a firm must acquire the Legal Aid Agency’s Specialist Quality Mark. On 22nd July Parry Carver again achieved this quality mark following a successful audit by the Agency’s external audit providers.

Despite the restrictions to eligibility which were imposed two years ago legal aid is still available in a number of legal areas such as family law, housing, debt, welfare benefits etc.

Samantha Hoyle, head of the firm’s family department says  ‘at Parry Carver we specialise in family law. In divorce cases one may still be entitled to legal aid, subject to financial eligibility, in related financial or child matters in cases where an applicant or his or her child has suffered violence or other domestic abuse at the hands of a partner. It is available where social services have been involved with children and where for instance an urgent application needs to be made to prevent a child being removed from the country.’

The firm also offers a family mediation service for which legal aid is available.

People can find out if they are likely to be eligible for legal aid by accessing the Citizens Advice or Government websites (www.gov.uk/check-legal-aid).

Conveyancing: What exactly is it?

Conveyancing: What exactly is it?

Legal

When you go through the emotional highs and low of buying a house conveyancing may seem like just another expense, but just what is involved in property conveyancing?

At Parry Carver Solicitors we appreciate that moving house can be one of the most stressful periods of a person’s life. This process of purchasing and selling property is known as ‘conveyancing’ and we endeavour to deal with every transaction effectively and efficiently where communication between all parties, at all stages of the transaction, is paramount.

From the vendor’s perspective, this conveyancing process will begin once a purchaser has been found and the Estate Agents have contacted the parties involved confirming the sale is agreed.

The vendor will gather together all documentation relating to the property and instruct his solicitor who will draft the Contract documentation. Once this documentation has been delivered to the purchaser’s solicitor enquiries may be raised and once these are satisfied exchange of contracts may be discussed. The vendor will sign the contract paperwork in readiness.

From the purchaser’s perspective there are three key elements in progressing to exchange of contracts. The contract paperwork will be received, mortgage instructions will be to hand and search results will have been obtained. Any enquiries having arisen will have been dealt with satisfactorily and no queries will be outstanding. The client will have attended the office, discussed the matter and signed the paperwork in readiness.

Once the above essential stages have been satisfied contracts can be exchanged and a completion date set. To the vendor and purchaser these two dates will be of utmost importance. Exchange of contracts will legally commit both vendor and purchaser to the transaction; in other words to sell or to buy for the agreed price and to move on the agreed date, with legal remedies available should the contract be breached. The exchange itself is done at the office between the respective solicitors, there is no need for the client to attend.

Upon exchange, the agreed moving date is known as the ‘completion date’ and on this day the vendor will ensure that the property is vacated and the purchaser’s solicitor will send over the monies to the vendor’s solicitor. Upon receipt of the same, the keys to the property will be released from the Estate Agents and the transaction will be deemed ‘completed.’

The respective solicitors will thereafter deal with various post-completion matters such as redeeming the existing mortgage on the sale and paying Stamp Duty Land Tax on the purchase.

By choosing Parry Carver Solicitors you can be confident that every effort will be made to ensure your conveyancing matter is as stress-free as possible. Achieving The Law Society’s Conveyancing Quality Scheme accreditation reflects the high standards we strive to achieve and is a recognised quality mark that you can trust.

Please do not hesitate to contact a member of the conveyancing department for a free, no obligation estimate or to book a free half an hour consultation to discuss your requirements in more detail.

Mediation Services in Telford

Mediation Services in Telford

Legal

Parry Carver offer family mediation services in Telford and Shifnal, Shropshire.  Mediation is a process that families can go through to help resolve problems that can crop up when a relationship has broken down and a couple are separating or divorcing.

Our trained and qualified mediators understand how difficult this is for all parties and the objective of mediation is not to attempt to reunite couples, but to make the ‘what happens next’ as fair and as clear as possible for everyone involved.

In many cases, financial arrangements and access or custody of children is a stumbling block to getting on with separate lives and mediation can be a much more cost effective and quicker way to reach agreement than taking matters to court.

In fact, since April 2014 it is a requirement for people who would normally attend court in family matters like this, to attend a Mediation Information and Assessment Meeting (MIAM) to see how a course of mediation sessions might benefit the situation.

In some cases, agreements made in mediation can be made legally binding by a court, to make sure that each party fully complies with the outcome, backed up by the law.  Parry Carver are happy to advise where this may be appropriate.

If you are going through difficulties with a family break up or child access & custody problems, our sympathetic team would be happy to advise if mediation is right for you.

Please contact Abigail Kirk on 01952 641291 for more information.

Family Law Changes

Family Law Changes

Legal Updates

Here at Parry Carver Solicitors we have identified, like lots of legal firms, that the Government have big plans for how Family Law will be dealt with in the future. In April 2013 there were big changes in Legal Aid. This meant that Legal Aid may not be available to as many people as it has been in the past. At the present time the impact on clients is not entirely clear. However, what is certain is that the Government feel that an alternative to the court process is essential in resolving family disputes.

Mediation has been around for a long time but is not a process that has been readily embraced by the general public or by legal professionals, however, that is set to change. As a consequence, Parry Carver have launched Telford and Shropshire Family Mediation Services. This is a Mediation Service led by a Resolution (formerly Solicitors Family Law Association) trained Family Lawyer, Abigail Kirk.

Abigail has been practicing Family Law since 1997 as a Chartered Legal Executive. Therefore she has a wealth of experience as to how family disputes would be dealt with in the legal forum. This underpins the skills she has a family Mediator. The benefit to clients is that mediation is their process and encourages them to resolve disputes about any issues arising out of their separation, whether it be how they will separate and where they will live to children issues and family finances, these are but few of the examples.

Mediation hopes to achieve a much more mutually accepted outcome and is more expeditious to a solution and is far more cost effective for clients than a more traditional litigious route. The mediation process compliments the legal process and therefore will help to resolve or narrow the issues, hopefully avoiding litigation and lengthy exchanges through solicitors.