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Wills & Probate

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… View Article

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… View Article

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 your look after your unmarried partner, as… View Article

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 divorce experts can help people with this aspect of the law as it is an area, which we understand in… View Article

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… View Article

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… View Article

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 spared the distress caused by parents separating. The Court has a ‘hands off’ approach in that… View Article

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… View Article

Do I need a divorce?

This depends on the particular circumstances and the inclination or desire of the husband or wife. Sometimes it helps to pursue a divorce in that it provides closure or a degree of satisfaction. Parties can simply live apart for two years and agree to a divorce after that but the procedure is still the same… View Article

Domestic violence and injunctions

According to an in-depth survey by the Office for National Statistics, the number of people suffering abuse is on the rise. In 2014, there were 1.4 million reported cases of women suffering domestic abuse and also 700,000 cases of men. There is a broad area of the law which protects victims of domestic violence. In… View Article

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… View Article

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… View Article

Help to Buy Transactions

The Government created Help to Buy scheme was created to assist everyday people in taking the steps to buying their next home. Whether getting on to the housing ladder or move up it, Help to Buy provides the ability to buy a new-build or existing home priced with as little as a 5% deposit. Launched… View Article

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… View Article

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… View Article

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… View Article

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… View Article

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 stress free. There are misconceptions about divorce but the procedure is generally streamlined and designed to reduce the potential for… View Article

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 them be either used for further home improvements, holidays and more. Equity is defined as the percentage share you own in the value of you home. For example, if your property is… View Article

Right to Buy transactions

The government back ‘Right to Buy’ scheme (RTB) allows eligible council and social housing tenants to purchase their homes at a discounted rate. As the rules and laws differ slightly across jurisdictions the service benefits from the inclusion of a residential conveyancing solicitor to ensure all legal formalities are fulfilled, and the transactions proceeds as… View Article

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 Home Ownership scheme including equity loans (such as Help to Buy), or leasehold schemes. At the end of the agreed period Co-owners usually have a number… View Article

Stamp Duty Land Tax

Stamp Duty Land Tax (SDLT) is the tax owed to the 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. The amount of tax is calculated based on a percentage of… View Article

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 is applicable. Whilst we await for you to… View Article

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… View Article

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…. View Article

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… View Article

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… View Article