I have been an apprentice since September 2021. This has been a very eye-opening experience and I have learnt so much. It has solidified my ambition to go into the law sector.

The qualification I am doing is Business and Administration Level 3; it’s an 18-month long course which I am due to complete around March 2023. I believe an apprenticeship is an amazing thing to do due to the fact you get experience and qualifications at the same time, which is why after completion of this course I would like to do a degree apprenticeship.

You gain basic skills and experience that employers will look for that someone who went to college or university may not have gained from short work experience placements.

It all depends on you and how you think you work best. Some people find the social aspect and support from an educational environment helpful when they are doing qualifications, on the other hand, some people such as myself find a practical workplace environment is where they thrive. If you or your children have ever thought that college isn’t for them/you then an apprenticeship is most definitely a great thing to consider.

I attend Telford College every Wednesday afternoon for a study class, which means I have a teacher on hand to help with anything I am struggling with.

Any work that I do during the time I am studying in and out of college counts towards my qualification. This includes my portfolio (thoroughly explaining where I work and all the work tasks I am doing that will count towards my apprenticeship), a grading table that I will use to support me in my end interview saying how I have met all the criteria, keeping my off the job log up to date (20% of my time should be dedicated to training, college work and things relating to my apprenticeship), project plan (another part of the apprenticeship is to do a project that will have a positive impact on the workplace), knowledge revision (it is vital to have up to date knowledge for the knowledge test at the end of the apprenticeship) and much more!

I have an assigned assessor from Telford college who gives me everything I need to be doing and everything I need to know; we meet to review my progress and then have an action plan that I will complete to ensure I keep up to date and not fall behind with my work. I also have my mentor at Hatchers who supports me in the workplace and meets with my assessor from college to make sure everything is correct and that I am progressing as I should be. Hatchers have been very supportive with my apprenticeship and have ensured I have been given training for my off the job log, daily tasks that count towards my portfolio and criteria, and giving me time for my college work to be completed.

Hatchers can be contacted on 01743 248545 or email: mail@hatchers.co.uk

The post National Apprenticeship Week 2023 6th – 12th February 2023 first appeared on Hatchers Solicitors.

Announcing Update Your Will Week 2023

23rd – 29th January is Update Your Will week, an awareness campaign hosted by Solicitors for the Elderly (SFE), to encourage more people to update their will and ensure their wishes are carried out when they die. This helps minimise disputes – easing stress, and costs, for your loved ones.

New research commissioned by SFE revealed only 56% of UK adults have updated their will within the last five years, meaning around half of wills are out of date. It also showed that half of UK adults have experienced a life changing event, such as getting married, divorced, or having a child, since last updating their will.

We recommend that Wills are reviewed every three to five years, or when a major change occurs that impacts you or your loved ones.

In addition, the research revealed that almost three quarters (70%) of parents in the UK have no legal guardian in place to care for their children in the event of their deaths. According to the research, parents are almost completely unaware of the risks of not identifying a legal guardian in a Will. With only two out of ten parents understanding that social services or the courts can step in to decide what happens to your children if you don’t have a Will in place, Hatchers Solicitors is keen to raise awareness of the risks involved when a guardian isn’t appointed.

Speak to a member of our Team about making changes to an existing will or creating a new one.

Victoria Pugh, Associate Chartered Legal Executive at Hatchers is a member of SFE, a national organisation of lawyers specialising in advising people planning for later life. Victoria comments, “Here at Hatchers, we can provide support and guidance as you discuss your unique situation and wishes. We can also help reduce your inheritance tax bill. SFE lawyers are experts in this area of law and follow a strict code of conduct which has respect and dignity at its heart. Communicating in a clear, straightforward language, members are trained to make sure you understand the important decisions you’re making.”

Get in touch with us today and make sure your wishes are communicated when you die. Victoria can be contacted on 01743 237668 or email: v.pugh@hatchers.co.uk.

Alternatively, please contact Hatchers on 01743 248545 or email: mail@hatchers.co.uk

The post Update Your Will Week 2023 23rd – 29th January 2023 first appeared on Hatchers Solicitors.

Advance Care Planning

If you are unable to make or communicate a decision yourself due to physical or mental incapacity, most care and treatment decisions can be made on your behalf under general law.

You can avoid potential disputes, and give someone who knows you, your wishes and feelings authority to step into your shoes and make those decisions on your behalf, by making a Health and Welfare LPA.

Lasting Powers of Attorney are legal documents which offer certainty and act as declarations of intention. An Attorney could be given the power to consent to giving or refusing life sustaining treatment on another person’s behalf, rather than leaving the decision open to ambiguity, such as in the case of Do Not Attempt Resuscitation decisions applied from March 2020 and reported in the BBC link below.

https://www.bbc.co.uk/news/health-56435428

If you would like to know more about Lasting Powers of Attorney please call Victoria Pugh, Chartered Legal Executive and Accredited Member of Solicitors for the Elderly on 01743 237668 or email v.pugh@hatchers.co.uk

Victoria Pugh profile

The post Advance Care Planning – 19th March 2021 first appeared on Hatchers Solicitors.

Guidance on care home visiting

The Department for Health and Social Care (DHSC) have updated their guidance on care home visiting. This guidance sets out the government’s advice to support safe visiting. This includes;

• Nomination of a single named visitor who will be able to enter the care home for regular visits (with tests required before entry and PPE to be worn on site)
• residents with the highest care needs will also be able to nominate an essential care giver
• care homes can continue to offer visits to other friends or family members with arrangements such as outdoor visiting, substantial screens, visiting pods, or behind windows.

Please note this guidance has been updated to advise that being on the shielded patient list does not prevent a care home resident from receiving visitors in the same way as other residents.

The post Guidance on care home visiting – The Care Quality Commission Update 12 March 2021 first appeared on Hatchers Solicitors.

COVID-19: COP finds vaccination to be in P’s best interests 

by Practical Law Private Client

The Court of Protection (COP) found that an elderly person with dementia (P) lacked the mental capacity to decide whether to receive a vaccine for the COVID-19 virus and ruled that it was in P’s best interests to be vaccinated (E (Vaccine) [2021] EWCOP 7).

The Court of Protection (COP) heard an application for a declaration that it would be lawful and in the best interests of an elderly person with dementia (P) to receive a vaccine for the COVID-19 virus (COVID-19 vaccine). The application was required as P’s son objected to P being vaccinated.

Acknowledging the informality of a GP’s assessment of P’s capacity, the COP (Hayden J, Vice President of the COP) was satisfied nonetheless that it was sufficiently rigorous to comply with sections 2 and 3 of the Mental Capacity Act 2005 (MCA 2005) and held that P lacked the mental capacity to decide whether she should be vaccinated.

To determine whether it would be in P’s best interests to receive the COVID-19 vaccine, Hayden J considered P’s past and present wishes and feelings, the belief and values that would be likely to influence P’s decision, if P had capacity, and any other factors P would be likely to take into account if able to do so (section 4(6), MCA 2005). The judge also took into account the views of P’s son as to her best interests, as a person interested in P’s welfare (section 4(7), MCA 2005).

Noting that P had received influenza and swine flu vaccines before being diagnosed with dementia, the judge considered that P’s choice to be vaccinated in line with public health advice, when P had capacity, was relevant to his assessment of what P would choose in relation to receiving the COVID-19 vaccine. In addition, while P lacked the capacity to consent to being vaccinated, she had articulated a degree of trust in the views of the health professionals by saying that she wanted “whatever is best for me”. While not a capacious statement, Hayden J considered it important, particularly as it had been repeated. This was to respect P’s autonomy.

Balancing the view of P’s son that the speedy authorisation of the COVID-19 vaccines undermined their reliability and it was not the time for P to be vaccinated, against the real and significant risk to P’s health and safety if she were not vaccinated, the judge held that P’s characteristics compounded her vulnerability to the virus. Therefore, he had no hesitation in finding that it was in P’s best interests to receive the COVID-19 vaccine.

The decision is useful for the court’s approach to an issue that might arise again during the current pandemic.

Case: E (Vaccine) [2021] EWCOP 7 (20 January 2021) (Hayden J, Vice President of the COP).

If you wish to discuss any matters concerning wills, probate or trusts, please telephone 01743 248545 and ask to speak to one of the Team.

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Applications for Grant of Probate – January 2021 update

Since the Government announced controversial increases to Probate Court fees back in 2018, the Probate service has undergone a series of major changes. Here we discuss these changes and their continuing impact on applications for Grant of Probate in 2021.

A Grant of Probate (“Probate”) gives you the legal right to deal with a person’s property, money, and other possessions after they have died, either because you are the appointed “executor” under the deceased’s Will, or where there is no Will as the person entitled to administer the estate under the rules of intestacy.

The proposed Probate Court fee increase received widespread criticism as essentially being a “stealth tax” and would have seen a potential maximum fee of £20,000 charged for large estates. Although this proposal was eventually scrapped in 2019, by that point the damage was done and an inevitable surge in applications in the preceding months led to delays of 12-16 weeks, a huge increase in application time, compared to the average wait of 2-3 weeks back in 2017.

Unfortunately, around the same time, the Probate service also underwent a drastic overhaul, with widespread restructuring of local Probate Courts, staff cuts and changes to IT systems.

Whilst some delays and problems remained, the Probate service was endeavouring to get back on track, only to be further hit by the Covid-19 pandemic. The pandemic has understandably further increased the pressure on an already fragile system. It has also increased delays at HM Revenue and Customs, which in turn can then delay Probate. When a deceased person’s estate is subject to payment of Inheritance Tax (IHT) an Inland Revenue Account (IHT 400) must first be submitted to HM Revenue and Customs, together with payment of IHT due. HMRC has recently changed its own process regarding issue of a receipt for IHT paid and now sends this directly to the Probate Registry, rather than the applicant. HMRC Guidance issued in December 2020 requested that an applicant wait for a period of 20 working days from submission of their IHT 400, before submitting the application for Probate, essentially halting applications.

Further changes came towards the end of 2020, when the Probate Registry announced that they would be moving towards an online system. Online systems are preferable to many and can greatly improve the efficiency of a service. However, not everyone has access to the internet and the online Probate application service is still in its infancy. Understandably there have been some initial teething problems and dependent upon the individual circumstances of the deceased, not every Probate application is presently suitable for online submission.

The Probate Registry are reporting that waiting times are now averaging 6-8 weeks. Whilst that is an improvement on figures from last year, there is no doubt that the system will continue to struggle over the coming months, as deaths from Covid-19 sadly continue to rise and the new online process is tested.

It is notable that the Probate Service is clear that a seemingly minor error in relation to an application or a problem with the Will itself, such as a lack of date, can lead to further delays.

All of this has added to the confusion and stress of dealing with the Probate process when faced with the death of a loved one. Our specialist team has a wealth of experience in this area and will guide you through the process with expert advice and compassion.

If you wish to discuss the administration of an Estate or an application for Probate, please telephone 01743 248545 and ask to speak to one of the Probate Specialists in our Team.

The post Wills and Probate update – Applications for Grant of Probate – January 2021 update first appeared on Hatchers Solicitors.

The worrying use of do-not-resuscitate orders is sadly nothing new

The CQC’s review into the application of Do-Not-Attempt-Resuscitate (DNAR) orders during the Covid-19 pandemic reveals incorrect and ageist use. As a lawyer specialising in supporting older and vulnerable people in Shropshire, I know that sadly, this is nothing new.

It’s horrifying to think about DNAR orders being applied to groups of vulnerable people. This isn’t how they should be used and however stretched our health and care services are, this kind of disregard for older people cannot be tolerated.

Best practice guidelines have been set out by the Resuscitation Council UK, but they aren’t being followed everywhere. Clinicians need to do better here, too often it’s ignored or treated as a tick box exercise rather than prompting meaningful consultation with patients and loved ones.

There is clearly a need for all of us to initiate our own conversations about whether we’d want CPR, and also about our wider care wishes. Once we’re in an emergency situation it’s often too late.

Worryingly, only 59% of those aged 70+ have talked to loved ones about their care wishes. And whilst 81% of us think planning ahead for later life is important, only 22% of us have a Lasting Power of Attorney in place, setting out our wishes in writing in a legally binding way.

As a country, we must start talking about our wishes should we lose mental and/or physical capacity or require emergency medical treatment. This recent investigation into the use of DNARs must encourage us all to have those difficult, but vital conversations, no matter our age.

Victoria Pugh, Chartered Legal Executive at Hatchers Solicitors, 6/7 Harlescott Lane, Shrewsbury, Shropshire SY1 3AH, and member of SFE (Solicitors for the Elderly), the membership organisation for specialist solicitors who support older and vulnerable people. For more information please email v.pugh@hatchers.co.uk or call 01743 237668.

Hatchers can advisee on all aspects of Wills, probate, estate planning or estate administration.

The post Wills and Probate update – the worrying use of do-not-resuscitate, by Victoria Pugh, Chartered Legal Executive first appeared on Hatchers Solicitors.

Owning and inheriting property, and the right of survivorship

When property is bought by two or more people, they must decide on how they wish to own the property. There are two ways you can own a property :-

• Joint Tenants                OR
• Tenants in Common

These options sound similar but can have very different outcomes if one of the owners dies.

Joint Tenants

If two or more people own a property as joint tenants, it means that all owners together own 100% of the property. Each owner does not have a respective share. If one owner dies, then the right of survivorship will apply. This means that the property will automatically pass by law to the surviving owner(s) in full, and the surviving owners will then continue to own 100% of the property.

The surviving owner(s) will then be able to treat the property as their own or dispose of it as they wish. On the death of the last surviving owner, the property would pass in accordance with that owner’s Will, or by the laws of intestacy if the owner dies without leaving a Will.

Tenants in Common

If two or more people own a property as tenants in common, those people will each have respective shares in the property – for example 50/50 or 30/70. These percentage shares can often reflect how much money each person put in to buying the property, or an inherited share. If one owner dies, their percentage share would not automatically pass to any of the surviving owners. Instead, the share would pass in accordance with that owner’s Will if they have made one, or by the laws of intestacy if they haven’t.

For example, if John & Jane owned a property as tenants in common in 50/50 shares, and Jane died leaving her 50% to her son Joe, then John would continue to own his 50% share, and Joe would own the remaining 50% share that Jane had left to him in her Will.

Which should I choose?

Traditionally, spouses wished to own their property as joint tenants. This meant that on the death of the first of them, the entire property would pass to the survivor. The survivor’s Will may then leave the property to their children for example. This ensured that each spouse could own 100% of the property before it passed down to a different beneficiary.

More complex family arrangements may mean that owning as joint tenants is now not as suitable for some spouses or unmarried couples. This could be because, for example, they have children from a previous relationship, and they do not wish to leave their property to their spouse/partner, who may not then benefit the child who is not a blood relative.

It is more common that friends or business partners would own property as tenants in common, so that their shares pass under their Will rather than to the co-owner(s).

The way in which you hold a property can also have a big impact on care fee planning, and how to protect your assets for future generations. It is important to look at your ownership of your home and assets and to structure your Will accordingly, so that it achieves your wishes.

Can I change the way I hold my property?

Yes! If you have already bought or inherited property, it is not too late to change the way you hold it. A property held as joint tenants can be ‘severed’ and changed to tenants in common whereby you can specify the shares you wish to hold.

Does the way I hold my property make it harder for my family to administer my estate?

Owning a property as joint tenants is simple because it passes to the survivor automatically by law. If a property is owned in your sole name or if you own as tenants in common, then it is likely that a ‘Grant of Probate’ will be needed to deal with the property. Don’t let this stop you though, as a Grant of Probate is easily obtained and will often be necessary anyway if you have savings in bank accounts or shares in your sole name.

Next steps – How can we help?

Your circumstances are specific to you, and therefore Hatchers recommend that you take professional advice and review your Wills when buying or inheriting property, to ensure that your assets will pass in accordance with your wishes.

Hatchers can also assist with obtaining a Grant of Probate to deal with property and assets once a person has died, or provide advice on the steps needed to administer an estate.

If specific advice on all aspects of Wills, probate, estate planning or estate administration is required, please contact our offices in Shrewsbury 01743 248545, Harlescott 01743 467641 or Whitchurch 01948 663361.

The post Wills and Probate update – owning and inheriting property and the right of survivorship first appeared on Hatchers Solicitors.

The Government has abandoned the controversial proposed increase in probate fees which had originally been scheduled to take effect in April 2019, writes Jonathan Edwards, Senior Chartered Legal Executive in our Private Client Department.

The proposed fee increase – labelled a ‘stealth tax’ by many – would have been an extra burden to bereaved families and possibly led to badly judged and inappropriate measures to avoid paying the fees.  Saga highlighted claims that potentially one in five families who required a Grant of Representation would need to find at least £2,500 just to make the application.

The new Justice Secretary, Robert Buckland, has cancelled the plans at this time.  However, the Probate Registry fees will now be reviewed as part of an overall review of court fees.

While this is good news, Wills and Probate lawyers will remain vigilant as to what the next Government may attempt to implement.

The proposed increase in fees led to an avalanche of applications at Probate Registries before April 2019 which contributed (together with technological problems and staffing issues) to massive delays at Probate Registries which continue to add to the distress of bereaved families at the time of writing.

How can we help?

If specific advice on Wills, estate planning or estate administration is required then please contact Jonathan Edwards on 01743 237698, or our office in Shrewsbury 01743 248545, Harlescott 01743 467641 or Whitchurch 01948 663361.

The post Wills and Probate Update – Probate fees increase abandoned first appeared on Hatchers Solicitors.

Farming Inheritance – Planning For The Future

As a farm owner, it is crucial that steps are taken to protect the farm and your estate for future generations through careful Will drafting, consideration of Partnership Agreements, and the development of a succession and inheritance plan. The generous tax reliefs currently available may not be around forever, and provide a welcome opportunity to review your affairs and plan for the future handover of the farm.

Inheritance Tax

Inheritance tax is charged following death on estates valued higher than the current threshold of £325,000, which threshold can double to £650,000 in certain circumstances where a spouse or civil partner has previously died. Since April 2017, additional relief is also available in some instances in relation to the family home. As a result, the maximum Inheritance Tax relief currently available for a married couple with children is £950,000, which will increase to £1million from April 2020. That being said, it is worth keeping in mind that many farms are worth well in excess of this figure. If it were not for the benefit of Agricultural Property Relief (APR), many farming estates would face a hefty Inheritance Tax bill, often resulting in disastrous consequences, including forcing the sale of the farm.

This is where expert advice is often needed to ensure that as much relief as possible is claimed so that the farm can continue for many generations to come.

Agricultural Property Relief

Agricultural Property Relief is a relief from Inheritance Tax, generally at the rate of 100%, however, in some cases, only 50% relief is given. The relief, therefore, can be extremely valuable to an estate consisting largely of farming assets.

Broadly speaking, relief is given on property defined by HMRC as agricultural in nature, which has either been owned and occupied by a farmer for two years before his death, or which has been owned and let out to a farmer for 7 years before the owner’s death. Whilst proving that land and farm buildings qualify for the relief can be fairly straightforward, it can often prove more difficult to claim that the farmhouse qualifies for such relief.

When is a farmhouse not a farmhouse?

For the farmhouse to qualify for Agricultural Property Relief, it must also meet various additional criteria.

Whilst the farmhouse must be occupied both with the land qualifying for relief, and must be used for the purposes of agriculture, it must also be of a character appropriate to the farm on which it is situated.

In order to be “character appropriate”, the farmhouse must be a working farm, and not a large manor house simply surrounded by farmland. It is usually where the farmer himself lives and is central to the farming operations. It is usually advisable to have a physical inspection of the property carried out so that a decision can be made as to whether the farmhouse is likely to meet the Agricultural Property Relief conditions.

It is also usual for farmworkers cottages situated on the farm to qualify for Agricultural Property Relief, and Hatchers can advise you on this aspect.

Agricultural Property Relief is not available, can I claim Business Property Relief as an alternative?

Where property or land does not meet the conditions required in order to claim Agricultural Property Relief, it may be possible that an alternative relief, known as Business Property Relief, can be claimed to save the asset from being subject to Inheritance Tax. A common reason for this is where the land in question has development potential, placing the value of the land considerably higher than the agricultural value which it would otherwise have had.

How we can help

At Hatchers, we are used to dealing with farming estates, with several staff members within both our Wills, Probate and Trusts and our Agricultural teams coming from farming backgrounds or rural communities.

We will not only look at your current situation, but also discuss with you your plans for the future.

It is important that we discuss with you how the assets of the farm are owned and how the land and buildings are owned and occupied. We understand that the role each person plays in the farming business may change over time, and we will help you understand the impact that this may have on the future of your farm. We can also help to give you peace of mind in planning your retirement, by providing you with a plan for the succession of the farm, and also a review of your other assets.

For more information, or to discuss the future of your farming affairs, contact Sarah Husbands on 01743 237712 or s.husbands@hatchers.co.uk in our Wills, Probate & Trusts and Agricultural teams

The post Farming Inheritance – Planning For The Future first appeared on Hatchers Solicitors.