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Why you need a will, regardless of wealth

As a wills lawyer, I often hear people say that they do not own their home outright and so they...

An ageing population and the need to plan for the future

At present, the Alzheimer’s Society estimates that there are 900,000 people living with...

Catchment areas and house prices

Is now a good time to move house? How far should parents plan ahead to ensure their child goes to...

Your rights when choosing a school to be named in an EHCP

Choosing a school or educational setting that can meet the needs of a child or young person can...

What are your rights as a grandparent?

My mum has told me on more than one occasion that it is “so much better to be a grandparent...

Birkett Long and the LGBTQ+ Community

Birkett Long’s involvement with the LGBTQ+ community is longstanding. Our first official...

Mental capacity and making a will

How is testamentary capacity, otherwise known as the legal and mental capacity to make or alter a...

Undue Influence

A will sets out the wishes of a person as to what happens to their estate after their death. It...

Mirror and mutual wills - a case of smoke and mirrors?

Many couples execute mirrored wills. There is a misapprehension, however, that because the wills...

Can you vape and drive?

Tell someone with a motoring law background that the theme for an article is “ smoke and...

Child arrangements following divorce

For many families going through a divorce, one of the most important matters that will need to be...

First steps to resolution after a tough Christmas

The start of a new year is often a period of reflection and an opportunity to make a fresh start....

What will 2023 bring? Is it possible to predict the future?

Though the last few years have been the most turbulent in recent times, the property market has...

Failing to provide a specimen - drink driving

The Road Traffic Act 1988 gives the police authority to request a preliminary breath test (Section...

Grey Divorce - Divorce on the rise in over 65s

According to data published by the Office for National Statistics (ONS), the number of people...

Validity of Notices of Intended Prosecutions

Have you received a Notice of Intended Prosecution (“NIP”) from the police? This...

Gifting - Be aware, what you can and cannot do

With Christmas fast approaching many people choose to give cash rather than buy presents. For...

The Autumn Statement - Capital Gains Tax

Hidden amongst the headlines of the Autumn Statement was the announcement by the Chancellor that...

What is a Statutory Will?

A statutory will is written on behalf of someone who lacks the capacity to write their own will...

Proprietary Estoppel: Guest v Guest

The law has a way of dealing with certain broken promises, the legal term for which is...

Siblings not pulling their weight?

Many family businesses employ siblings or other family members. Working with siblings can be...

Duties of a trustee

A trustee is an individual who acts as a caretaker for assets held within a trust. They are...

Blended families - why it's important to have a will

In a recent study, the Society of Trust and Estate Practitioners (STEP) found that an increase in...

Modern families and family law

The excitement and thrill of planning a new baby can - for some couples - turn to heartache as...

What is a Special Guardianship Order?

A Special Guardianship Order is an order made by the court appointing one or more individuals to...

A guide for individuals: discrimination in the workplace

Unfortunately discrimination in the workplace has not been confined to the annals of history. If...

Who gets custody of the pet following separation?

We are a nation of pet lovers and so, it is only natural for us to be concerned about custody of...

The importance of agricultural wills

Succession and inheritance planning are the most important provisions any farming family can make...

Top 10 reasons to review your will

With spring around the corner, why not take the opportunity to do a spring clean and tidy away...

What happens to your business assets when getting divorced?

Family businesses can take decades, or even generations, to build successfully. But what happens...

Tax exempt gifts at Christmas

Christmas is a time when friends and family come together and often swap presents between loved...

Pets and divorce: should you make a PetNup?

I had never really considered myself a dog person having been brought up with a series of cats...

Good news for those left out of will!

If you were financially dependent on someone who has died or are their spouse, former spouse,...

The bank of mum and dad: The tax implications

First-time house buyers are reported to be increasingly turning to the bank of mum and dad to help...

What is business property relief?

Currently, Inheritance Tax is paid at 40% on a deceased’s estate which exceeds the Tax...

Are prenuptial agreements legally binding in the UK?

Unlike many jurisdictions across the globe, prenuptial agreements are still not legally binding...

If I lose capacity, who will manage my affairs?

  If you lose capacity and you have not appointed an attorney under a Lasting Power of...

Have you considered Inheritance Tax planning?

I am sure that you will be familiar with the popular quote “the only two certainties in...

The dangers of a DIY will

Why would you instruct a lawyer to write your will when you can just write your own?  You...

Common law husband and wife - true or false?

Is it true that after 7 years of living together you become ‘common law husband and wife? ...

Brexit and Beyond - Family Law

In a world where a pandemic has turned everything on its head, you would be forgiven for thinking...

What does Brexit mean for my will?

Let’s talk about Brexit. I, for one, did not think I would be happy to talk about...

How can I challenge someone's capacity to make a will?

People can often be surprised about the distribution of loved one’s estate and can consider...

The Bank of Mum and Dad - open or closed?

Many of us are very familiar with the concept of the Bank of Mum and Dad. Both those giving and...

What is an attorney's role?

If you have been appointed as someone’s attorney, under a Lasting Power of Attorney (also...

Pursuing an insurer of an insolvent employer

A claimant may have difficulties in pursuing an employment claim where his employer or former...

Second marriages

With an increase in blended families including second marriages, those who choose to re-marry may...

Where there's a will, there's a way!

Santa may be bringing your child their favourite toys this Christmas, but what would the law be...

We've come a long way, but inheritance tax still exists!

In 2003, Essex Pride was established, and how far the law has come even since then! It is now...

New solicitor joins the family team

  Birkett Long is delighted to welcome solicitor, Lucy Birch, to its divorce and family...

Do you need a lasting power of attorney?

Lasting powers of attorney (LPAs) allow you to appoint one or more people as your attorney(s) to...

Trainee qualifies into Dispute Resolution team

A trainee solicitor at leading Essex law firm, Birkett Long, has seen his hard work and commitment...

What happens if you don't make a will?

The law does not require you to make a will but if you die without having made one, your estate,...

Specialist Family Solicitor joins Birkett Long in Colchester

Experienced solicitor, Karen Johnson, has joined the Divorce and Family team at leading Essex law...

Do you have a DIY will?

Every year, 1 in 3 people dies without having a legally valid will. In that year, around 38,000...

The myth of common law marriage

  The term “common law marriage” is frequently used within society to refer...

Essex law firm promotes family law specialist to Associate

Francesca Cozens, a member of Birkett Long’s South Essex Divorce and Family Team based in...

Making a conveyancing process more effective

Buying or selling a property is not something that we do very often. Whether it’s your first...

How easy is it for first time buyers?

There is no doubt that the current market is becoming increasingly attractive for first time...

Declaration of trust - is it worth it?

If you are looking to buy a property with someone and will be contributing unequal amounts you may...

The use of trusts in wills

We are all well aware of the need to have a professional will in place to make things easier for...

Current leasehold concerns

Many will be aware that following the initial changes to the Nationwide Building Society’s...

The residence nil rate band and how it may it affect you

The current amount you can leave without inheritance tax (IHT) becoming payable is...

How to deal with Restrictive Covenants

Whether you are considering building a new extension, a single house or developing a large site...

Second marriages - an inheritance dilemma?

The number of people marrying for the second time or even third time is high than ever, but can...

NHS continuing healthcare - top up payments

We have been asked by a Care Home, whether, if a patient is in receipt of NHS CC funding, the...

Property advice - buying and selling can be daunting

Buying and selling property can be a very daunting prospect for most. At Birkett Long we take the...

Trustee investments...take advice

The role of trustee is not to be undertaken lightly, especially as trustees are personally liable...

Cheap wills could turn out to be very expensive!

At the start of 2015 The Law Society launched its ‘Use a Professional’ campaign. ...

Solution to care-home fees worries

A legal expert at Essex law firm Birkett Long says if you are paying for a care home in the...

What happens when there is no will?

As solicitors, we often get asked what happens when people die without making a will.  People...

Losing your job

If you have lost your job or are in the process of losing it, you should take steps to understand...

A flood of equal pay claims?

The underlying principle of equal pay is that men and women should receive the same pay for the...

Funding Litigation

There are now many ways of paying for your dispute. We set out below the options available and...

The rights of grandparents

As far as family law is concerned, under the Children Act 1989, grandparents are grouped into the...

Legal Expenses Insurance - choose your provider carefully

One of the best ways to fund litigation is through legal expenses insurance.  Such insurance...

Vicarious liability: the plot thickens

A recent case confirms that there remain some scenarios where employers will not be held liable...

Long-term security for foster children

Foster parents who want to offer children a legally secure long-term placement can do so without...

Gazumping is back for unique homes

Gazumping, the scourge of the 90s housing boom, is back warns a property expert at Essex law firm...

Educational businesses - get to grips with immigration law

Through our professional adviser network we have access to UK immigration law specialists, and via...

Are you aware of your roots?

It has generally been thought that landowners will not be liable for damage caused to neighbouring...

Refusal to disclose medical information

The Equality Act says that employers cannot be expected to make adjustments to the workplace if...

Mandatory ACAS early conciliation

ACAS has the power to help parties conciliate tribunal claims using conciliation officers who act...

Meet the partners- Philip Hoddell

Can you explain a little about your role at Birkett Long? I am one of Birkett Long’s...

The pitfalls of solar panels

It is difficult not to notice the outbreak of solar panels across the nation's roof...

How much are mum and dad really worth

As a parent, you want to provide the best for your children and plan for their future.  As...

Birkett Long secures Law Society's quality mark

Essex law firm Birkett Long has secured membership to the Law Society's Conveyancing Quality...

Have you made an overpayment of wages to an employee?

If an employer overpays an employee can he always recover that overpayment? The Employment Rights...

Sickness pay and a second job

Employers may be disgruntled to find an employee who is on sick leave and is claiming sick pay...

Reclaiming care home fees

When an elderly relative needs care, difficult choices can result in an emotional time for...

When right of way is not enough

Most people would agree that it is usually preferable to own the access to your property but this...

A year in the life of Birkett Long - what we've been up to

With our South Essex office now over a year old, working with clients and business partners is...

Behind every good law firm...is a great accounts team

The Accounts team at Birkett Long looks after the financial management of the firm - a very...

Reason for Dismissal

When an Employment Tribunal assesses whether an employee was dismissed fairly or not, it must...

Costs in the Employment Tribunal

Among the powers of the Employment Tribunal are those to award costs against a party that has...

Planning for the inevitable

"I'm not afraid to die; I just don't want to be there when it happens!"  ...

Smoke on the water

A recent discharge of diesel fuel into the River Chelmer has highlighted an area of pollution...

Lifes inevitabilities

The fact that you will need a funeral is one of life’s inevitabilities.  However, the...

The rise of fraudulent compensation claims

With the political spotlight on the so called “compensation culture” and numerous news...

Residential property - New regulations in force

From 1 July 2011 new regulations transfer ownership of private sewers and lateral drains to the...

Secret Trusts

Secret Trusts have been used to conceal gifts on death from public scrutiny. When someone dies,...

Tenancy Deposit Scheme Changes

The Tenancy Deposit Scheme (TDS) has been in place since 6 April 2007, when it was brought into...

Changes to rent limits under assured tenancies

Currently a tenancy with an annual rent exceeding £25,000 cannot be an assured tenancy and...

Joint ownership - will it be as safe as houses?

Joint property can be owned in two ways; as tenants in common or as joint tenants. Tenants in...

Safeguarding your family property when things go wrong

It is a sad but true fact that bankruptcy has become particularly topical. Here, we examine its...

No Penalty for Driving While Using Mobile as a Dictaphone

The comedian Jimmy Carr was recently successful in using a loophole in the law to avoid a fine for...

Abolition of Home Information Packs

House prices could continue to increase over the summer with the abolition of home information...

Getting divorced - do I have to attend court?

Divorce can be a daunting prospect; some couples are understandably concerned that they may become...

Probate Disputes

Disputes concerning wills are becoming increasingly common for a variety of reasons. The increase...

IHT Nil Rate Bands

The recent Inheritance Tax (IHT) change which allows the transfer of ‘unused’ nil rate...