Legal Updates

When you consider that the vast majority of the law connected with Wills comes from an Act of Parliament that received Royal Assent at the very start of the Victorian era (the Wills Act 1837) and the capacity issue for writing a Will comes from a case precedent in 1870, it will not come as a surprise to any of us that the Law Commission has been evaluating the possibility of reform in this area. The Commission feels that the current legal age of 18 should be lowered to 16.

Keeping Pace with Our Modern Society

One year on from the referendum which resulted in a vote to leave the European Union, many people in the United Kingdom are interested to know what the outcome will be on our legal system. If you are studying constitutional and public law through any of the Institute of Legal Secretaries and PAs’ courses, you should already have a good appreciation of the effect the EU has on our country’s sovereignty; however, even the legal experts are scratching their heads and can only speculate on exactly what this country will be like in the future once this important influence has been removed from our constitution.

How do things stand at the moment?

With the general election coming up in a few short days, many questions have arisen regarding how it will affect already proposed laws. While a good majority of those that were in question have since been passed (all of which will be discussed briefly below), there are still a few that have not been as successful. But what does that all mean in terms of the nearing election on June 8? 

Successful bills

This month we are considering a form of land ownership, leasehold, that has been described as a “murky corner of residential property”, and perhaps more worryingly if you own one, “a national scandal which dwarfs PPI”. With recent stories about homeowners having ground rents that double every 10 years and an all-party Parliamentary Group reporting on reforms in April 2017, even stronger language has been used by MPs describing leasehold houses as a “national con”. 

What are key features of freehold and leasehold titles?

This month we are examining the impact of a recent Court of Appeal decision on the divorce petition of Mrs Tini Owens. The Court of Appeal have, in refusing Mrs Owens’ divorce petition, buried the possibility of a couple divorcing on a no fault basis.

England and Wales, unlike many other legal jurisdictions, require one party in a divorce to prove the other was at “fault”. When couples apply for a divorce, they must prove that the marriage has “irretrievably broken down” (Matrimonial Causes Act 1973). To show this breakdown, a party has to give one of five reasons: 

•    adultery
•    unreasonable behaviour
•    desertion 
•    separation of two years with consent
•    separation of five years without consent

If you are currently studying the Legal Secretaries Diploma course and have studied the Wills, Probate and Administration module, you will be familiar with the fact that inheritance tax is not currently payable on estates below the “nil rate band”. The nil rate band (NRB) is currently set at £325,000, meaning that for any estate over this figure, tax is payable on the difference at the rate of 40%. 

However, as of 6 April 2017, a change to this law has come into effect.

Rent charges have existed since the 13th century and have traditionally provided an income for landowners who allowed their land to be developed. It would be fair to say that in recent years, rent charges have not been a major feature of any conveyancing transaction, but that may be set to change. There have been a number of cases recently where private investment companies have been imposing heavy financial penalties on homeowners for non-payment. These fines have far exceeded the rent that was due, and in this article we will highlight what steps Property Lawyers should take to warn clients when a rent charge appears on a title report. 

What is a rent charge?

Modern technology has simplified many aspects of our lives, both personally and commercially. It has been possible to shop or take out contracts and arrange finance electronically for some years now. However, the conveyancing industry has been slow to adapt to, or to adopt, the new technologies available. 

Much of the house-buying process is still conducted manually, with the process usually taking at least two months to complete. While there are companies that do carry out conveyancing online, the paperwork still requires a wet signature, which slows the process as well as carrying a risk of paperwork being lost in the post.

If you are studying through the Institute of Legal Secretaries and PAs, you will learn that the burden of proof in Criminal Law cases is set considerably higher than in other areas of law. In fact, there is a requirement for the Crown to prove a case against the defendant beyond all reasonable doubt.

In contrast, with civil cases, which make up the vast majority of legal cases and work dealt with in England, the burden is on the claimant to prove his or her case on the balance of probabilities.

In days of yore it was so much simpler – you were either married or you weren’t. The sanctity of marriage was the norm. You reached, say, your late teens or early twenties, you got engaged, and then you were married; whether you lived happily ever after was another matter. In those days, in both a sociological and a legal way, marriage was to be supported, and it was. Socially, marriage was the way in which families were created and fostered; consequently, the legal idea was that the sanctity of marriage had to be protected.