Clarke and Son News

Clarke & Son LLP has been looking towards a period of improved growth with the expansion of their staffing levels.

Experienced commercial solicitor, Chris Lockley who spent 12 years at another well-known Basingstoke firm joins the commercial property department.  Kim Brooksbank, an experienced solicitor from West Sussex joins the Wills & Probate department.  This is much to the relief of newly-promoted Department Head, Nia Wharry who has had to cope with an ever-increasing workload in recent months.  Trainee Claire Redhead who already has experience in matrimonial matters joins the family department.  Thomas Hunt who started as a trainee at the Firm in 2007 is delighted to continue as their Employment Specialist after his qualification in September.

 Peter Turner, Senior Partner says of the new recruitment drive,

“We are very happy with the recent appointments and hope that the presence of more fee-earners in the Firm will add to our continued growth.  It has been a tough twelve months, but we have most certainly kept our head above water and are looking forward to a successful 2010.”

 Clarke & Son LLP is a member of Quality Solicitors.com

Have you ever been tempted to download a ‘do-it-yourself’ Will from the Internet or use an unregulated Will Writer to save a few pennies?  If so, then please think again!

The Law Society has recently issued a warning about the dangers of using unregulated Will Writers as they are seeing many mistakes.  Writing Wills is not always a simple procedure and there have been many instances where people’s Wills have been deemed invalid because of mistakes arising from a lack of legal knowledge.  For example there is one case where a lady’s Will was found to be completely invalid simply because the Will Writer failed to have the Testator’s signature properly witnessed.  This type of simple mistake is not uncommon as unregulated Will Writers do not have to undertake formal training or adhere to any professional standards and are therefore often not capable of dealing with the task.  If mistakes are made they have no insurance to cover your losses and very often they are not around long enough to give you follow up advice. Solicitors, on the other hand, are governed by the Solicitors’ Regulation Authority and must have attained professional qualifications before they can practice. In addition, solicitors are required to undertake regular ongoing professional training in order to keep up with changes in the law and are alerted about problems that have occurred.  On top of this, the Law Society ensures all solicitors take out comprehensive indemnity insurance for the protection of clients, so that on those rare occasions when mistakes are made, the client can obtain proper compensation and need not suffer.

Using a specialist law firm like Clarke & Son LLP to write your Will can often save money.  They have experts in many fields who are able to deal with the most complex legal issues; they can also anticipate potential problems and deal with them early giving you complete peace of mind.  Furthermore, if there are changes in legislation that require changes in your Will, these can be accommodated.  Finally, the Law Society keeps a strict check on the whereabouts of Wills drawn up by solicitors so you know they are safe should you pass away unexpectedly.  They can also act as your executors and administer the estate to take al the pressure off those left behind.

Bearing in mind the safeguards you get using a law firm, your ‘cheap Will’ is often not as cheap as it seems. Remember, you are preparing a Will to protect your assets for your beneficiaries and make your passing as painless as possible for those you leave behind.  So why not pay that little bit extra for a Will that has been professionally drawn up by Solictiors?  In the long run it could save you and your loved ones untold aguish and expense and give you complete peace of mind knowing that your affairs will be dealt with properly on your death.  After all, you wouldn’t dream of employing anyone but a professionally trained doctor or dentist to look after your health!

For more information on making a Will, please contact Nia Wharry, Head of Wills & Probate Tel: 01256 320 555.

On 19 October 2009, the Financial Services Authority (FSA) published a discussion paper setting out its proposals for major reforms to the UK mortgage market.  The discussion ends on 30th January 2010.

The FSA’ proposals include:

• Introducing a “targeted degree of production regulation” for high-risk mortgage products.
• Requiring verification of the borrower’s income for all mortgage products.  This would mean that self certified and fast track mortgages would no longer be available.
• Making the lender ultimately responsible for verifying whether the borrower can afford the loan.
•  Prohibiting loans to borrowers where there are a combination of high-risk factors (for example, a high loan-to-value ratio and a borrower with a poor credit rating and unstable income).

 Shortly, Paul Cowdery, Property Partner, will be publishing details of a survey of local agents regarding the state of the residential property market in Basingstoke including comment on the implication of the FSA’s proposals.

For more information on buying or selling your home, please contact Paul Cowdery on Tel: 01256 320 555.

Sometimes it is not too late to make a Will. Where a relative is suffering from dementia and is no longer considered capable of making their wishes known, legally they do not have the capacity to make their own Will.

However with an increasing number of such cases, the Court of Protection will consider applications for a Statutory Will to be prepared for a person who does not have the requisite capacity. The firm is dealing with more cases of this type.

Although these sorts of cases are still quite rare, with demographic changes and people living to an older age, there are increasing numbers of people suffering from dementia who have made no arrangements for the management of their estate on their death.

says Nia Wharry Head of Wills & Probate.

Whilst it may seem ‘morally wrong’ or ‘unethical’ to have a Will prepared for someone who cannot make their own decisions, the Court are now looking more favourably on Statutory Will applications as they can help avoid unnecessary complications and expense later on. The Court will look at evidence provided by interested parties before making the Order concerning the Statutory Will.

The percentage of people making a Will in England and Wales remains low - around one in six. With people living longer and more prone to dementia-related illnesses, experts are predicting a rise in the number of Statutory Wills.

For further information on Making a Will, please contact Nia Wharry on Tel: 01256 320 555.

As from 1st October 2009, the Office of the Public Guardian have issued a new format for the Lasting Power of Attorney Forms. These new forms will not invalidate existing Lasting or Enduring Powers of Attorney and are much improved in their new more concise and logically compiled format.

For more information on Powers of Attorney, please contact Nia Wharry on Tel: 01256 320 555.