Many people only seek legal advice after things have gone wrong. However, an initial short conversation with a solicitor could save a lot of time and money in the long run. We identify below the key moments where it is likely to matter most.
Buying Or Selling A Home
Conveyancing is the term given to the legal process involved in buying and selling property. It includes local searches, preparing of contracts, completion of the sale and transfer of the property into the buyer’s name. Your solicitor will carry out searches at local councils to find out information about the property, such as whether there are any drainage problems, whether the property is in a flood area and whether there have been any past planning applications on the property. He will also check the title deeds to the property for any restrictions on the use of the property, such as a shared driveway or right of way. For local searches and council liaison, Solicitors Worcester can be of assistance. It is wise to establish the solicitor’s fixed fee for conveyancing and estimated time scale for the transaction to complete as these can be major causes of a sale falling through.
Writing Or Updating A Will
Most people don’t realise that a will they made years ago may no longer be relevant to their current circumstances. Marriage or civil partnership automatically makes a will that you made prior to your marriage/civil partnership void. This means that if you were to die before making a new will, you may find that your intention regarding distribution is not carried out. It’s also worth remembering that, although divorce automatically removes your ex from benefiting under your will, the rest of your will stands as it was. Other circumstances which may mean that you need to review your will are if you have children (and you want to appoint guardians), you have got married (again) or you own any property.
Setting Up A Lasting Power Of Attorney
A Lasting Power of Attorney enables you to appoint people to manage things for you should you lose capacity to make your own decisions. The Power can cover financial matters and/or welfare issues and it is essential that the document is in place before such an event occurs and you are able to make the necessary arrangements. Typically a LP.A. is made whilst the person in question is fully able to make such arrangements and involves a solicitor correctly drafting the document and registering it with the Office of the Public Guardian within a few weeks of submission.
Going Through Separation Or Divorce
Whatever your situation, financial and property matters need to be divided up as equally as possible and the sharing of pensions and assets finalised. Even the most amicable of splits can be fraught with difficulty and often there is much to discuss and agree upon. A solicitor can help you reach a Consent Order, which is a legally binding document that sets out the terms and conditions of the financial elements of your separation. When children are involved it is also important to reach an agreement that will be workable in the long term and not something that has been agreed at the eleventh hour in the heat of the moment.
Starting Or Running A Small Business
Most contracts with suppliers, customers and landlords are drawn up by solicitors. So if you are buying a shop, entering into a partnership, or buying a business then it would be wise to get a contract drawn up by a solicitor. Also if you are in dispute with a client over non-payment then early advice from a solicitor is generally cheaper than allowing the matter to proceed to a full formal dispute resolution process such as a tribunal or court. Employment contracts and other staff contracts and policies are also becoming more complex and if you are using a template obtained from the internet then it is likely to be out of date.
Dealing With Probate And Estate Administration
Administration of the estate of a recently deceased person includes the assessment of the value of the deceased person’s estate, payment of any outstanding debts, including any Inheritance Tax due, and distribution of the estate in accordance with the terms of the will of the deceased, or in the absence of any will, in accordance with the rules of intestacy. This process of administration of a deceased person’s estate, known as probate, involves submission of applications and paperwork to banks, Land Registry and HMRC. Problems can occur which can result in delays of months or even years. Administration of the estate can be complex and a solicitor can deal with all of this on behalf of the person appointed to administer the estate. For administration of an estate in Worcestershire, see Worcestershire council services for registration of death etc..
Facing An Employment Issue
If you have been made redundant, dismissed from work, or offered a Settlement Agreement it is wise to seek advice early as there are strict time limits of normally three months from the date of the event for making an Employment Tribunal claim and you will have taken advice from a solicitor as required by your employer for the Agreement to be binding on you. We can check the reasons for your redundancy to see if they were fair and advise you on the terms of the Agreement to see if you are offered a sufficient amount and whether there are any restrictive covenants included to prevent you from working for competitors in the future.
Checking A Solicitor’s Credentials
As a general rule, all Solicitors practising within England and Wales are regulated by the Solicitors Regulation Authority (SRA). To check whether a Solicitor or law firm is registered and also to see whether they have been the subject of any disciplinary action in the past, it is wise to check the Law Society’s Solicitor Search tool. Here you can search for Solicitors by name, location etc. and find out if they have been the subject of any complaints. In addition to this, all Solicitors are required to have complaints procedures in place and it would be wise to find out about these prior to engaging the Services of a Solicitor. You can also raise an unresolved complaint about legal services with an independent ombudsman.
Of course there are things that you don’t need to take to a solicitor but knowing where the common pitfalls are will help you to get the right advice at the right time.
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