Knowledge Base

KNOWLEDGE
BASE

Advice regarding planning for the future
Lasting Powers of Attorney allow you to choose the people you want to make decisions on your behalf if you were to lose mental capacity and become unable to make such decisions. A Lasting Power of Attorney is completed in advance of your losing mental capacity and will minimise the distress for yourself and your […]
Benefits of making a Lasting Power of Attorney
Plan in advance who you want to appoint as an Attorney to make decisions on your behalf Stipulate how you want your Attorney to make decisions Minimise the distress for yourself and your family and friends if you were to lose mental capacity by having a Lasting Power of Attorney in place When setting up […]
Benefits of writing a Will
Choose who you appoint as Executors – they will be responsible for carrying out the administration of your Estate. Set out your funeral wishes. For advice on changing your Will, click here. Choose who inherits under your Will – provide for your family and friends or favourite charities. Ensure that you look after your unmarried […]
Care proceedings
In cases when a child is in danger, it is possible to hold ‘care proceedings’ on their behalf. The council can seek to get care orders to ensure that a particular minor is safe. Our care proceedings solicitors can help people with this aspect of the law as it is an area, which we understand […]
Conveyancing Tips
Buying or selling a property can be a complex process. We have collated our top conveyancing tips and by following these tips, you will reduce any complexities and make for a smoother transaction. When obtaining quotations for conveyancing solicitors’ fees, be sure that everything has been included – as well as the solicitor’s fee, there are […]
Court of Protection
If a loved one loses the mental capacity to make their own decisions and they do not have a Lasting or Enduring Power of Attorney (pre-October 2007) then we can make an application on your behalf to the Court of Protection for a deputy to be appointed to manage the property and affairs or personal […]
Divorce and Children
Frequently when a marriage breaks down there are children involved. There are usually so many different emotions involved during a divorce and the feelings of the children can be overlooked. We are committed to ensuring any children involved are protected from the distress caused by parents separating. The Court has a ‘hands off’ approach in […]
Divorce and Finance
Financial cases are always particularly difficult to deal with, which is why you need expert advice along the way. Dividing your finances between one another is a long process, but it doesn’t have to be as complicated as you might imagine. Our family law experts try to make every aspect of these cases as simple […]
Do I need a divorce?
This depends on the particular circumstances and the wishes of the people involved. Since 6 April 2022, divorce in England and Wales is based on no-fault divorce. You do not need to rely on adultery, unreasonable behaviour, desertion or separation periods. The process starts with a divorce application, either sole or joint. Once the application […]
Domestic violence and injunctions
Domestic abuse is a serious issue, and there is a broad area of the law which protects victims of domestic abuse. There is a broad area of the law which protects victims of domestic violence. In recent years, this area has evolved and expanded in many ways. We work with people from all walks of […]
Drafting commercial property leases
Dealing with a wide variety of matters, including details of parties, definitions and interpretation, operative clauses, schedules, provisos, and signatures, a commercial property lease is a document which protects your position when renting a commercial property. A binding contract, signing a lease on a property is a significant financial commitment; as a business owner it […]
Family Law Facts & Figures
  Bannister Preston Solicitors LLP have been providing friendly, professional family law advice for over 100 years and aim to make the whole process as straightforward as possible. Rate of Divorce – 42% of all UK marriages end in divorce. Almost 50% of all divorces involved children below the age of 16. In 67% of […]
Help to Buy Transactions
The Help to Buy: Equity Loan scheme is now closed to new applications in England. We can assist with existing Help to Buy equity loan matters, including sales, remortgages, redemptions and repayments. We can also advise on related conveyancing issues where a Help to Buy equity loan is already in place. Bannister Preston Solicitors LLP […]
Inheritance tax planning
Calculated on the value of your estate when you die, and the value of assets you have given away or put into trust during the previous seven years, Inheritance tax (IHT) can be reduced or even eliminated entirely if planned for correctly. The Wills and Probate solicitors at Bannister Preston Solicitors LLP can assist in […]
Landlord and Tenant Issues
We are here to provide clear, practical legal advice and solutions to landlords and tenants, for both domestic and commercial properties. When a legal dispute arises, we appreciate that you will need the help of experienced, friendly solicitors in an often difficult and complex situation. We can provide expertise in everything from lease extensions, and […]
Lease Extensions
What is a lease? A lease is the legal right to use a property for a period of time. It can become increasingly difficult to sell a property with a short lease, as both prospective buyers and mortgage lenders become more reluctant to purchase these properties. As such, buyers may request that a leaseholder extends […]
Leasehold Property & Extensions
A leasehold property is one which is owned for a fixed pre-agreed period of time, with a legal agreement set with the landlord (or freeholder) to define how long your ‘lease’ will be valid. Once this period comes to an end the ownership of the property defaults back to the landlord. During your period of […]
Matrimonial Finances
The finances are the most difficult aspect of a separation in the majority of cases. Resources are limited and people and parties generally want to retain as much as they can for themselves. The concepts behind the finance and divorce settlements are largely the same i.e; The overriding principle applied is fairness and in most […]
New Build Transactions
The process for a transaction of a new build property is known for having several, complicated factors that require completing on a tight time-scale. As you would expect with new build properties, a buyer will often commit to purchasing a property before the developer has finished building the housing development. In some cases, the developer […]
Ordinary Powers of Attorney
Relating to Wills and Probate, an Ordinary Power of Attorney allows you to appoint an Attorney to deal with your financial affairs whilst you still remain mentally capable. You may wish to complete an Ordinary Power of Attorney if you need somebody to deal with your affairs relatively quickly, for instance this may be needed […]
Planning Permission
What is Planning Permission? Planning Permission is the formal permission from a Local Authority for the development of buildings and land. Following the Town and Country Planning Act 1947 (updated 1990), it is a requirement to obtain Planning Permission for development purposes, which consists of any building, engineering, or mining project, or a change in […]
Reduce the Pain of Divorce
Family divorce lawyers at Bannister Preston Solicitors LLP offer a comprehensive family law service. How to best manage Divorce Divorce is never painless but can be managed in a timely way and the procedure itself less stressful. There are misconceptions about divorce but the procedure is generally streamlined and designed to reduce the potential for […]
Remortgages & Equity Release
Understanding Equity Equity release is the process of releasing the owned value in your home to provide a cash lump sum, which can then be either used for further home improvements, holidays and more. Equity is defined as the percentage share you own in the value of your home. For example, if your property is […]
Right to Buy transactions
Right to Buy rules and discounts can change, so current guidance should be checked before you proceed. Basic eligibility generally includes being a secure tenant with a public sector landlord for at least three years. The maximum discount in England currently depends on location. A residential conveyancing solicitor can help ensure the legal formalities are […]
Road and Drainage Adoption Agreements
As part of the process for purchasing a new build property, it’s vital to ensure that the housing developer has an agreement in place with the Local Authority for the adoption of the newly built roads. This comes under Section 38 of the Highways Act 1980. The Housing Developer must also come to an agreement […]
Shared Equity/Ownership Transactions
What is shared ownership? Shared ownership, also known as Co-ownership and equity sharing, involves the sharing of a single property between multiple owners. This may also result from various types of home ownership schemes including equity loans (such as Help to Buy), or leasehold schemes. At the end of the agreed period Co-owners usually have a […]
Stamp Duty Land Tax
Stamp Duty Land Tax (SDLT) is the tax paid to HMRC after the purchase of a freehold, leasehold, or shared ownership property. It’s important to have this payment sorted promptly (within 14 days of completion of the sale) to avoid a penalty charge. For standard residential purchases, SDLT is currently calculated at 0% on the […]
The Conveyancing Procedure
Once we have been instructed, our conveyancing solicitors will issue you with our Client Care Letter which will set out the terms of our engagement and will set out our initial requirements and will enclose a Property Information Form, Fittings and Contents Form and Leasehold Information Form, if applicable. Whilst we wait for you to […]
The Divorce Process
When a marriage unfortunately breaks down, there is a lot to consider from a legal standpoint, including finances, property and children. You may be left wondering what the next steps are, or how long the process will take. Since 6 April 2022, divorce in England and Wales is based on no-fault divorce. You do not […]
The Mediation Process
Mediation can sometimes help separating couples resolve issues more constructively and cost-effectively than contested court proceedings. The suitability and timescale of mediation will depend on the circumstances of each case. So what is involved in the mediation process? Mediators are trained, neutral solicitors that aim to help resolve any disputes during a divorce. One side may […]
The sale or purchase of freehold and leasehold property
When it comes to the sale or purchase of freehold and leasehold properties, you need a conveyancing solicitor that you can rely on to understand the intricacies of completing these often complex transactions. What is a freehold? A freehold is one of the two types of property ownership in the UK whereby the freeholder owns […]
Transfers of Equity & Ownership
A transfer of equity/ownership is a transaction in which legal ownership of a property changes hands, often resulting from a change in circumstances. Typically more straightforward than a sale or purchase, involved parties have prior knowledge of the property, diminishing the need for a contract. Examples where Transfers of Equity/Ownership apply include: Court order Cohabitation […]
Understanding Divorce
We know how difficult it can be when two parties decide to split. Of course, there is much more to consider here than just the financial aspects of the divorce. In sensitive situations, such as these, you need someone who has the height of discretion. It is crucial that both parties cooperate in this process. […]
When should I change my Will?
Marriage  automatically revokes your existing Will and you would need to make a new one. However if you are due to be married we can make a provision that your future marriage will not revoke your Will. Separation  If you are separated from your spouse but not yet divorced then they will have a claim against […]
Will registration on a national Wills register
As members of Certainty Will Registration Service, our wills service will register your Will free of charge on The National Wills Register.  Your Will remains confidential but having it registered means that it can be easily located by your Executors following your death. Learn more about the benefits of writing a will here.
Writing a will – the right way
Anxious about writing a will? Bannister Preston Solicitors LLP will draft your Will to give you the peace of mind that your Will reflects your wishes and provides for the people you want to inherit your estate. If you do not have a Will the laws of Intestacy provide a set list of rules which […]

CONTACT US TODAY

Sale
Fax: 0161 962 9562
Irlam
Fax: 0161 777 9439