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Category: Private Clients

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Future proofing: Insurance policies for modern-day relationships

Future proofing Insurance policies for modern-day relationships from

When we start a new job we get a contract, when we book a holiday or buy a car we get terms and conditions and take out insurance – so should we be doing the same when we start a new relationship? Setting out the financial arrangement and expectations within a relationship if things don’t work out as we plan.

With more people living together and starting families but choosing not to get married, or marrying much later in life, it’s important to know the financial consequences if the relationship does not work and they separate and how couples can ‘futureproof’.

There are so many ways to prevent stressful costly court fees when both separating and divorcing, below are some examples:

  • Having a cohabitation agreement confirms the arrangements between a couple at the outset of when you start living with a new partner, which establishes a clear understanding if separation is to occur.
  • Having a pre or post nuptial agreement if you are planning to marry or have recently married and want to protect your finances and other assets.
  • A declaration of trust when you purchase a new home with your partner.
  • Making a will.

These options can seem very unromantic but can prevent so much upset in the future. It is always best to plan for the worst and hope for the best in these situations while ensuring financial security for yourself if things do not work out.

Bethan Chaffey – Trainee Solicitor

 

 

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Five Things to Know About Being Named an Executor of a Will

Five Things to Know About Being Named an Executor of a Will

Being appointed as an Executor of a Will for a loved one can be daunting. The responsibilities are time consuming and can cause stress – especially if this is your first time as an Executor.

It is important to be aware you may be liable for any mistakes made when carrying out duties as an Executor, even if those mistakes were innocently made.

Fortunately, our experienced Solicitor and Head of Private Client Services Lauren Phillips, is here to tell you the five things you need to know about being named as an Executor of a Will.

What are the key things to think about if you have been asked to be an Executor of someone’s Will?
Firstly, are you prepared to take on the responsibility of carrying out the deceased’s wishes under their Will? You need to ensure you carry out the wishes of the deceased as they would have wanted. Be aware that issues can arise if there are family disputes between members over assets, or if they feel excluded.

What are the main responsibilities of an Executor?
You need to ensure that all the assets of the deceased are cashed, any taxes or debts paid, and distribute the assets in accordance with the Will.

Does the person making the Will need your permission to name you Executor?
There is no formal requirement for the Executor to give consent – though it is sensible to ask permission before appointing them.

Who can be an Executor and does being one mean you can’t be a beneficiary?
Anyone is able to be an Executor providing they are over 18 years old and have adequate mental capacity to do so. It is not uncommon to appoint professional executors such as solicitors or financial advisers. Furthermore, it is a common misconception that you are unable to be a beneficiary and an Executor – however this is not the case.

Can you change your mind about being an Executor?
Yes, it is possible to change your mind. If at the time the person passes away, you do not want or are unable to be the Executor then it is possible to stand down. In this instance, either the appointed replacement or another appropriate person would stand in.

For more advice about updating or creating your Will, contact our Wills & Probate Team today who will be happy to provide professional, friendly advice.

Email: privateclients@cjch.co.uk Telephone: 0333 231 6405

To learn more about Wills, Lasting Powers of Attorney & Estate Planning services click here. 

Rated as excellent on Trustpilot here

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New Land Transaction Tax changes from 10 October 2022 – what you need to know

By Natalie Summers – Head of CJCH Solicitors Conveyancing

SDLT

Stamp Duty Land Tax (“SDLT”) is a tax imposed by the government on the purchase of land and properties with values over a certain threshold in England. The amount of SDLT payable is calculated on a % of the purchase price paid. The changes announced to Stamp Duty in the September 2022 mini-budget amend the threshold at which SDLT becomes payable. The new rates are:

House Value   Stamp Duty
£0 – £250,000 0%
£250,001 – £925,000 5%
£925,001 to £1.5m 10%
Over £1.5m 12%

This means that if you are purchasing a property for £250,000 or less then you will not pay any SDLT.

First Time Buyer

Provided you, and anyone you are buying with, are a First-Time Buyer, you will additionally benefit from 0% SDTL on the first £425,000 value of the property, under the condition that the purchase price is less than £625,000.

You will pay 5% SDLT on the portion from £425,001 to £625,000. If the purchase price is over £625,000 you cannot claim the relief.

Additional Properties

You will have to pay 3% on top of the SDLT rates if when buying a new property, following completion you will own more than one property.

You will not pay the extra 3% SDLT if the property you are buying is replacing your main residence which has already been sold.

If you have not sold your main residence on the day of completion, you will have to pay the higher rate. This is because you will own two properties. You can apply for a refund of the extra SDLT if you sell your previous main residence within 36 months of completion of your new main residence purchase.

LTT

Land Transaction Tax (“LTT”) is a tax imposed by the government and is payable on the purchase of land and properties with values over a certain threshold in Wales . LTT replaced SDLT in Wales in 2018. The amount LTT payable is calculated on a % of the purchase price paid.

The Welsh Government have announced the new tax bands after 10 October 2022 which are as follows:

House Value Land Transaction Tax
£0 – £225,000 0%
£225,001 – £400,000 6%
£400,001 – £750,000 7.5%
£750,001 – £1.5m 10%
Over £1.5m 12%%

This means that if you are purchasing a property for £225,000 or less then you will not pay any LTT.

First Time Buyer

There is no additional First Time Buyer relief in Wales

Additional Properties

You will have to pay 3% on top of the LTT rates if when buying a new property, following completion you will own more than one property.

You will not pay the extra 3% LLT if the property you are buying is replacing your main residence and that has already been sold.

If you have not sold your main residence on the day of completion, you will have to pay the higher rate. This is because you will own two properties. You can apply for a refund of the extra LLT if you sell your previous main residence within 48 months of completion of your new main residence purchase.

 

For more information, speak to our experienced residential property and conveyancing team at CJCH Solicitors. With offices across South Wales, we are here to help you.

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UK heatwave and the work environment – Our employment law team weigh in

By Max Wootton – Senior Partner

As the heat wave continues to linger across the United Kingdom, many are asking what the potential impacts are on the working environment. The Health and Safety Executive (HSE) does not provide a recommendation on the maximum workplace temperature. This is because it is difficult to set any meaningful figure at the upper end of the scale due to the high temperatures found in, for example, factories or glass works.

Factors other than air temperature can also come into play in hot working environments, including radiant temperature, air velocity and humidity. That said, if the temperature at work is uncomfortably high because of hot processes, or even building design, the employer must still take all reasonable steps to ensure that workplace temperatures are at a comfortable level.

Employers have a statutory duty under the Health and Safety at Work etc Act 1974 to ensure, so far as reasonably practicable, the health, safety and welfare of their employees at work. This means that all employers are required by law to protect their employees from harm, including harm caused by excessive or uncomfortable workplace temperatures.

The Management of Health and Safety at Work Regulations 1999 require employers to undertake a risk assessment of the risks to the health and safety of their staff and take steps to control those risks where necessary. Under the 1999 regulations, an employer must:

  • identify the possibility of illness or injury from workplace temperatures
  • decide how likely it is that someone could be harmed in this way and how seriously
  • take action to eliminate the hazard, or if this isn’t possible, control the risk.

For most businesses exposed only to seasonal risks from hot or cold temperatures, the steps that need to be taken to control these risks are fairly straightforward. In most cases, this will be less about reducing the risk of illness or injury, and more about ensuring the thermal comfort of employees at work. Thermal comfort describes how acceptable a person considers their temperature, ie; whether they feel too hot or too cold.

 

For more information or assistance with employment law and HR service matters, speak with our team: https://cjchsolicitors.co.uk/business-law/employment-and-hr-services/

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Here for you – CJCH Solicitors to continue providing services for clients

The CJCH team are monitoring the COVID-19 (Coronavirus) situation closely and are adhering to the guidelines put in place by the government and public health authorities. The personal health and wellbeing of our staff, clients, and the communities in which we operate are of the utmost importance to us, and we will continue to do everything in our power to reduce risk where possible.

Currently, CJCH is operating as per usual, albeit with heightened protective measures. We wanted to provide an update of additional precautions we have put in place as part of our business continuity plan. 

We are asking staff and clients to minimise the needs for in-person meetings over this period and to use other options (outlined below) to correspond with clients where possible. We are also asking staff, clients, and visitors not to shakes hands or come into any form of personal contact with each other where avoidable.

Our staff will ensure they are fit and healthy when they come to work and perform their duties, and will self-isolate if they feel unwell prior to coming to work, as per the symptoms outlined by the Government and Department of Health.

We always promote a healthy work environment with high standards of hygiene, and to address the seriousness of this situation we have increased our hygiene precautions further. All four of our offices have anti-bacterial soap and other hygiene amenities required, and staff have been briefed to wash their hands regularly, reduce personal contact, and sanitise their work stations.

We understand that the services we provide can be critical to the wellbeing of our clients and their livelihoods, and we, therefore, commit to continue to provide these services in any format that is safe and reduces possible risk to all involved. As such, with immediate effect we are offering our clients the following options to replace in-person meetings:

  • Video conference meetings – our team have the facilities for Skype, FaceTime, Whereby Meetings, MS Teams, Google+ Hangouts, and Zoom. They will set up a video meeting with you and assist you with the details if you are not familiar with these services or try to accommodate another format you are more comfortable with.
  • As always, you have the option of conference call/telephone discussions with your solicitor. Please see a full list of our contact numbers at the end of this message.
  • Email support for your matters – please find the list of departmental contact details at the end of this message.

If we are required to close one, or all, of our offices for whatever reason, we will endeavour to continue to provide our services to our clients in any reasonable format, and to the professional standards, our clients are used to. We will monitor the operations of the courts, tribunals, and other related organisations to advise clients of any impacts or delays to their matters where possible.

For more information and advice on COVID-19, please follow this link from the NHS: https://www.nhs.uk/conditions/coronavirus-covid-19/

CJCH Direct contact numbers:

  1. Cardiff Head office: +44 (0) 29 2048 3181
  2. Barry Office +44 (0) 14 4642 0043
  3. Bridgend Office +44 (0) 16 5645 7466
  4. Blackwood office +44 (0) 1495 227 128
  5. 24 Hour emergency line : +44 (0) 7967 305949

CJCH Department direct contact emails:

  1. Residential property, Wills, and Estates: privateclients@cjch.co.uk
  2. Family, Matrimonial, Divorce, and Childcare: family@cjch.co.uk
  3. Mental Health Law, Deprivation of Liberties, and Court of Protection: mentalhealth@cjch.co.uk
  4. Criminal Defence Law: criminal@cjch.co.uk
  5. Commercial Property, Litigation, Employment, and Corporate Law: commercial@cjch.co.uk
  6. General Enquiries: admin@cjch.co.uk

CJCH Solicitors will always operate with our staff and client’s best interests at heart, and we are positive we will be able to continue to support you during these uncertain times.

All work-related travel is put on hold for our staff, including locally to major cities such as London. We are also asking staff to reduce persona travel and to inform us of any personal travel they have planned to allow us to assess the impact.  

Please do everything possible to ensure your wellbeing and the wellbeing of those around you. 

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How to Leave Your Business in Your Will

According to the Institute for Family Business, there are 4.8 million family businesses in the UK, making up 85% of all businesses and generating over 25% of the country’s GDP.

Tax receipts from family businesses generate more than the entire budget for the NHS! They are vital for the British economy and for families. This makes it even more vital to ensure your business is taken care of when you are no longer around.

Whether you are a 2nd or 3rd generation family business owner or spent your life starting your business from scratch, it is important to get your affairs in order ahead of time.

There are high risks to your business with not adequately planning to pass on your business to your loved ones. Alexis Thomas, experienced Chartered Legal Executive at CJCH Solicitors explores how you can leave your business in your Will. It is never too early or too late to start thinking about your future and the future of those left behind when you are no longer around.

What, if any, impact would your business or shares have if you died without including them in your will?

If your business or shares are not included in your Will, they could end up being sold, broken up or pass as part of the residue of your estate. They may end up with someone who is not able to run the business because of a lack of knowledge and experience. A minor will experience difficulties continuing the business if shares are left to them.

How can a solicitor help you leave a business or shares to someone in your will?

A Solicitor can ensure you direct who the business or shares will end up with. Furthermore, they advise you on who is best to control your business. They can decide the best structure for the Will, such as leaving the business or shares in a discretionary trust. This will give your family the benefit without direct involvement in the business.

Solicitors advise on other options for your business, such as shareholder agreements and life assurance policies. These options protect yours and your business partner’s interests.

Getting proper advice ensures you can continue to control what happens to your business assets and shares once you have passed away.

Do other shareholders have to accept a new shareholder if you leave shares in your will?

The Testator cannot force other shareholders to accept a new shareholder if leaving shares in their Will. Any share transfers in a Will will be governed by shareholder agreements or partnership agreements etc. In this scenario, the likely option is to sell the shares and gift the value, rather than the shares themselves.

What disputes can arise when leaving a business or shares to someone in your will?

The business may face disputes between shareholders if the business position is not effectively considered. If the shareholders cannot reach an agreement, neither shareholder will have control of the company.

Generally, problems will arise in the event the business is left to a minor with no partnership agreement in place. If the decision-making process becomes paralysed, it could end the business, which has serious tax consequences.

What inheritance tax issues should someone leaving a business in their will be aware of?

If someone owns a business, creating their Will in the most tax-efficient way will help minimise Inheritance Tax (IHT). Passing a business in their Will can lead to a large IHT bill.

As a result, the Executors may have to sell the business to pay the IHT bill. Qualification for Business Property Relief (BPR) will allow a person to pass on a part of the business free of tax. However, not all businesses qualify for BPR.

Therefore, the solicitor needs to know everything about the business to advise if BPR applies. Solicitors can advise clients to leave assets that qualify for BPR to other family members such as children so that they are not passed to spouses who are eligible for a different IHT relief.

How we can help:

It is never too early or too late to start thinking about your future, and the future of those left behind when you are no longer around. The team at CJCH has extensive experience in Wills & Probate; Tax & Estate Planning. Get in touch with a member of our team today:

Telephone: 0333 231 6405

Email: privateclients@cjch.co.uk

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Travelling Abroad with a Package Holiday – Know Your Consumer Rights!

Deb SpeddingThe number of Brits seeking winter sun in the new year continues to rise. 29% of people plan to take a break this winter, which represents a 16% increase over the year before. But just how aware of your rights as a consumer are you? Debra Spedding, a commercial solicitor at CJCH, takes a look at your rights if your package holiday is cancelled or your provider goes bust.

What rights do you have with a package holiday that you don’t have with independent holiday bookings?

Package holidays are usually all in one deals, and this applies to the level of protection that you get. Package holidays sold through UK travel companies have a requirement to protect the consumer through the government-backed ATOL scheme. There is no such protection for independent holiday bookings so the consumer will have to rely on any travel insurance purchased.

What does “ATOL Protected” mean and why is it important?

The Air Travel Organisers Licensing scheme (ATOL) is a financial protection scheme run by the civil aviation authority which protects package holidays sold by UK businesses. Its importance comes from the need to protect consumers if their travel provider goes bust either before or during their holiday. If you are unsure whether your holiday provider is an ATOL holder, use their website to check so that your rights as a consumer are protected.

If your travel provider goes bust, what rights do you have when it comes to compensation?

Provided that your booking is ATOL protected, you may be entitled to a full or partial refund. Ensure you check your ATOL certificate and your travel insurance documents.

What rights do you have if your travel provider goes bust while you are abroad?

Again, provided that your booking is ATOL protected, you will be able to finish your holiday and fly home. If not, you will, unfortunately, have to travel home by your own means.

What can you do if you feel that your consumer rights have been breached while on holiday abroad?

Make sure you speak to a solicitor with experience in these matters! You should raise a complaint in writing, ensure that you keep all relevant travel documentation and check your insurance.

How can we help?

If you need to speak to a solicitor about a matter regarding your consumer rights, get in touch with a member of our team today.

Email: commercial@cjch.co.uk
Telephone: 0333 231 6405

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New Year, New Will?

The New Year is often a time for reflection for many. This is especially true as we start a new decade. And whilst many may have chosen their new years resolutions, one we should all make is to make or update our will.

Shockingly, over 50% of Brits don’t have a will, which can cause distress and financial hardships for your loved ones left behind.

So as we leave one decade behind and look to the future, our specialist solicitor, John Moore answers how a solicitor helps you write or update your will, and why the New Year is a great time to do it

Talk us through the process of making a will and how a solicitor can help.

Firstly, making a will can be quite straightforward if using a solicitor! The solicitor will talk to you about your circumstances and ask you how you wish to distribute your money, property and possessions.

The solicitor will then prepare a draft for you to check you are happy with before arranging to sign it. Importantly, a solicitor ensures the will is drafted correctly, signed and witnessed properly to ensure its validity

What could happen to your estate if you die without a valid will in place?

If you die without a will the ‘rules of intestacy’ apply. Crucially, this may mean that your estate could go to someone you may not want it to. Alternatively, someone you intend to leave a portion of your estate to could lose out.

What are the risks of using a DIY wills kit or an unregulated service?

With DIY kits it is easy to make a mistake that makes your will unclear, or worse, completely invalid! Therefore, having a solicitor experienced in will writing provides peace of mind that your affairs will be taken care of.

Why is it important for everyone, no matter their age, to consider making or updating their will?

The unexpected can happen to all of us at any time so you are never too young to make a will. Our lives constantly change with new relationships, children or acquiring different assets.

Therefore, not only is it a good idea to have a will in the first place but to update it periodically based on these changes.

Why is the New Year a good time to make or update your will?

The New Year is often a time for reflection for many and a fresh start for the new year. It’s a good time to get a will ticked off your list of things to do!

How can we help?

The team at CJCH has over 35 years experience in wills drafting, tax and estate planning. Get in touch with a member of our team today.

Email: privateclients@cjch.co.uk

Telephone: 0333 231 6405

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Leaving a Gift to a Charity in Your Will

 

Today is International Charity Day. It is an opportunity to reflect and contribute to the incredible work that charities do around the world. Leaving a gift to a charity in your will is a great way to leave a legacy that benefits the most vulnerable in society. In addition, it benefits the beneficiaries of your will.

Alexis Thomas, a Chartered Legal Executive in CJCH’s Wills & Probate team, outlines the benefits of leaving a gift to a charity in your will, how to ensure the gift is not legally challenged and how to ensure the gift you leave is used in a way that aligns with your wishes.

Benefits of leaving a gift to a charity

Leaving a gift to a charity in your will is an excellent way of supporting a cause dear to you. Most charities will rely on donations to carry out their work so this is a great way of contributing to your charity’s long-term vitality. In addition, a gift in your will to a charity will not count towards the total value of the estate and the gift will pass tax-free. If the value of the gift is 10%, or more, of the total taxable estate, this gift will also reduce the amount of IHT payable from 40% to 36%.

The different types of gift you can leave

You can leave any type of gift to a charity. This ranges from a specific sum of money, items of personal value such as jewellery or even a % of your estate. You do not have to contact the charity in your lifetime, your executor will inform the charity that you have left them a gift in your will.

Specifying how the charity uses the gift

You can express in a wish how you expect the money to be used. However, the testator should discuss their wishes with the charity first, as the charity may refuse the gift if it cannot comply with the testator’s wishes. The wish is not binding, but charities will usually seek to carry out the specified request.

If your gift is challenged and how to avoid it

Firstly, always seek legal advice! This is so important. The courts place more weight on a moral obligation to a family, which outweighs any commitment to charities. If the gift is successfully challenged, then the gift could fail. Regular communication from the solicitor goes a long way in ensuring that this does not happen.

Donating outside of the UK

Donations outside of the UK are different than domestic donations. Exemptions from inheritance tax only apply to gifts to charities in the UK, EU member states (plus Norway, Lichtenstein, Iceland). Of course, this may change due to the uncertainty surrounding Brexit. Furthermore, donations outside of the UK do not benefit from Gift Aid as Gift Aid enables the charities to reclaim an extra 25% in tax on each donation made by a UK taxpayer.

How can a solicitor help you leave a gift to a charity in your will?

A solicitor ensures your Will is written correctly. This gives you the peace of mind the gift will succeed. The full details of the charity (charity number etc) are included so that the charity receives the gift. Incorrect information may cause the gift to fail.

How can we help:

It is never too late or too early to start thinking about your future. For more information on writing your will and leaving a gift to charity, speak to an experienced member of our team today.

Contact us:

Email: privateclients@cjch.co.uk

Telephone: 0333 231 6405

Announcements

CJCH Solicitors have become a limited company

As of Monday October 14th, 2024, CJCH Solicitors have become a limited company.

CJCH Solicitors is now the trading name of CJCH Legal Ltd, a company registered in England and Wales under company number 15452031. The registered office is Williams House, 11-15 Columbus Walk, Cardiff CF10 4BY.

CJCH Legal Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA Number 8009371). Please note there is no change to our bank account number and sort code.

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Winner: Public Law Team of the Year 2022 – Wales Legal Awards

We are proud to announce that the CJCH Court of Protection team was named the Public Law Team of the Year in the 2022 Wales Legal Awards. Recognising the work they do with individuals who lack the capacity to act in their own best interests.

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Winner: Cardiff Life Awards 2019

With a dedicated focus on service excellence, and a passion for innovation the CJCH team was the proud winner of the best Legal and Financial Business of the Year in Cardiff for 2019!

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CJCH Solicitors appoints new Board member

Wales top 20 Law Firm and 2018 Financial and Professional Services Firm of the Year in the Cardiff Business Awards - CJCH Solicitors, has announced a major promotion in their leadership team welcoming Jodi Winter to their Board.

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Winner: Cardiff Business Awards 2018

CJCH Solicitors has experienced unprecedented growth and achieved important milestones over the last few years, all of which have culminated in the first half of 2018 being a prosperous year for us at the Firm and winning the Financial and Professional Services of the Year award.

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