Christelle Thompson Solicitors Near Me

What Does A Residential Property Solicitor Do?

Ask a residential property solicitor – why does conveyancing take so long?

A residential property solicitor takes care of everything you need to do to buy or sell a property on the legal side of things.

This is a process called “conveyancing”. For this reason, you’ll often see them referred to as “conveyancing solicitors”.

If you’ve never bought a property before, it can be a stressful time. Because the conveyancing process can take anywhere from eight to twelve weeks to complete.

It’s often difficult to understand why this is. After all, how hard it can be?

Let’s take a look at some of the key tasks your residential property solicitor will need to undertake on your behalf. And how they can end up taking longer than you might expect…

Let us know a little about your situation on 0845 1391399 or by completing a Free Online Enquiry

What Does A Residential Property Solicitor Do?

The following is by no means an exhaustive list of all the jobs your solicitor handles during the conveyancing process. These are merely some of those that can end up taking more time:

1) Complete Property Searches When You’re Buying

Conveyancing searches are fact-finding enquiries to the Local Authority, water authority, and sometimes dozens of other organisations. The aim is to find out more about the property you want to purchase.

Are there any major developments planned in the local area? Is it connected to the local mains water supply? Is there a sewage main under the property? Was historic mining work done in the area? Are there any disputes relating to the property?

All of these questions and many more will be answered by a successful round of property searches.

As you might imagine though, liaising with potentially dozens of different organisations takes time. Some don’t respond as quickly as we all might like. Local Authorities, for instance, are often overworked and can take a solid two months to respond in the worst cases.

There are also many times when the results of searches indicate major issues. What if the local council are building a new bypass near the property? What if the land is contaminated? These need to be resolved before the sale proceeds.

2) Deal With The Land Registry

The Land Registry is responsible for maintaining lists of who owns what property in Wales and England. If your name is on a property title and registered with the Land Registry, your proof of ownership is automatic as far as the UK government is concerned.

Your solicitor liaises with the Land Registry many times as part of the conveyancing process. Not only does this potentially take time, but they may also find there is a problem with the property title when they do.

Perhaps the title was previously a bunch of paper documents and hasn’t yet been officially registered (this has only happened automatically since 1990). Perhaps the name of the owner doesn’t match the name of the seller for some reason.

Any issues like this can cause the conveyancing process to take longer than expected.

3) Leasehold Property Checks

It was estimated a few years ago that around 20% of UK properties are owned on a leasehold basis. This means a person (the leaseholder) owns usually a part of a property (for example, a flat) in a larger building owned by someone else (called the freeholder).

In recent years though, ownership of leasehold properties has skyrocketed as more flats have been built and more developers have spotted a way to extract more value from their investment (leaseholders pay certain fees to their freeholder as part of their lease).

Because more parties are involved, checks and searches on a leasehold property take longer. You don’t want your conveyancing solicitor to skip these though. What if there is an outstanding sum owed to the freeholder by the previous leaseholder of your intended property, for example?

The details of the lease also need to be investigated in detail and their ramifications understood and explained to you. For instance, are the service charges unreasonable? Is your freeholder planning property improvements next year that they expect you to chip in for?

This can all extend the conveyancing process. If you’re not happy with what your solicitor finds, it can extend it further.

4) Negotiate Contracts

Another key role your solicitor plays is negotiating the contract with the solicitor representing the buyer or seller.

There are many individual steps involved in this. Checking the contract and supporting documentation as the buyer’s solicitor. Creating the contract pack and answering any pre-contract enquiries as the seller’s solicitor.

If there are any issues to work through, this can obviously add to the conveyancing process.

5) Deal With The Unexpected

Finally, some things are outside of your residential property solicitor’s control. However, they may still have to handle:

Common problems relating to a “chain” of property sales all relying on each other
Problems with the buyer failing to get a mortgage on time
The seller’s property being a new build that isn’t finished on time
It being a probate property (that can’t be sold until probate is granted)
Difficulty agreeing on a final price or completion or move dates

Find Good Residential Property Solicitors Near Me

This is all to show why the best residential property solicitors are the ones who keep in touch with you throughout the process.

Get In Touch Today.

Let us know a little about your situation on 0845 1391399 or by completing a Free Online Enquiry today and we can connect you with a legal specialist who can give you the kind of advice you’re looking for.

Once Probate Has Been Granted, What Happens Next?

It can take a long time to get a Grant of Probate. But once probate has been granted, what happens next?

In short, armed with their new legal permission to do so, the executors of the will can start to administer the deceased’s estate.

Let us know a little about your situation on 0845 1391399 or by completing a Free Online Enquiry.

But what does that involve? Let’s take a look at some of the most Frequently Asked Questions about the often patience-testing probate process:

Why Do You Have To Wait Six Months After Probate?

There isn’t a set period of time that an executor has to wait before distributing the legacies in a will once probate has been granted.

That said, if you are a beneficiary waiting to receive your inheritance, it is worth understanding that there are several very good reasons why you might not get anything right away.

First of all, the executor will have to administer the estate before they distribute any legacies. This takes time, often involving as it does the need to:

1) Pay Off Debts

It’s not only the positive task of sending beneficiaries their gratefully received inheritance money or gifts that an executor has to handle.

If the deceased had any debts or liabilities, the executor needs to ensure that the estate pays these off first. This can include things like mortgage payments and utility bills.

The executor also needs to show they have done everything they can to locate potential creditors and give them the opportunity to make a claim on the estate for what they are owed.

There is a set process for this (including posting in the newspaper of record, The Gazette). These adverts need to be in place for a set period of time (namely, two months and a day).

It’s important for the executor that they do this properly. If it can later be shown they haven’t, they may be left on the line to pay those debts themselves.

2) Find All The Listed Beneficiaries

It’s not uncommon for some beneficiaries to drop out of touch with the deceased. Sometimes, contact details or addresses change and a beneficiary becomes unreachable.

So, what does the executor do? Once more, they have to demonstrate they have made reasonable efforts to try and locate the missing beneficiaries.

Again, there are mandatory adverts that need to be placed for a period of two months.

3) Handle Tax And Money Matters

It’s perhaps unsurprising that “administering” someone’s estate requires a good deal of administrative work. This can include:

Filing Inheritance Tax, Capital Gains Tax, and sometimes Income Tax forms with HMRC
Closing any bank accounts and possibly gathering the funds into an executor account
Claiming on life insurance policies (if any)

4) Have The Estate (Including Any Property) Valued

It is important that the correct amount of Inheritance Tax is paid to HMRC. This requires an accurate valuation of the estate, including any property (such as the family home).

5) Make sure the will is unchallenged

If there is any risk of the will being challenged, it’s not uncommon for executors to play it safe.

This is because of a law called the Inheritance (Provision for Family and Dependants) Act 1975. This law gives certain parties the ability to make a claim against a will.

Only certain people – classified as “dependents” – can make this claim. They can only do so if they believe the will is unfair to them in some specific ways.

The Inheritance Act gives claimants six months to start making a claim and an extra four months to serve it. This can mean there is good reason for a ten-month delay after probate before beneficiaries receive their inheritance.

How Long After The Grant Of Probate Is Money Released?

If you are due a legacy or inheritance from the estate of someone who has died, this can be a stressful time – especially if you are counting on that money for some reason.

As we’ve seen above, there can be many sensible reasons why the executor of an estate might not release the money to the beneficiaries of a will right away. This isn’t always much consolation though.

If you really need your inheritance for something, it is possible to request what’s sometimes called an “interim payment”. This could tide you over in lieu of getting your inheritance just yet.

However, the executor isn’t obliged to let you and may well refuse. Especially if there is any question about the estate being able to pay all of its outstanding debts and other costs.

How Long After Probate Is Granted Can You Sell A House?

As soon as probate is granted, you can sell a house right away. You can even put a house on the market before you have received the Grant of Probate (you just can’t actually sell it).

Once Probate Has Been Granted, What Happens Next?

Probate Lawyer

What does a probate lawyer do?

They are a common sight among local high street law firms. But what exactly does a probate lawyer do?

In short, a solicitor who specialises in probate should handle all of the complex financial and legal requirements of the probate process for you.

This process can be lengthy. It can involve important tax and money matters. For many, it can also be too much to handle on top of the grief at the passing of a loved one.

Here is everything you need to know about probate solicitors, what they do, and whether it is worth getting one in your particular case:

What Is Probate?

Probate is a legal right that gives a person – someone who has been named as the executor in the will – permission to administer the estate of a deceased person.

The administration of an estate includes things like paying off the deceased’s debts, paying any Inheritance Tax they owe, and distributing the legacies (inheritance) to people named in the will.

The probate process confirms that the will is valid and that the person (or people) named as the executor are correct and ready to begin their work.

If the courts agree that this is the case, they will dispatch a legal document called a Grant of Probate. Probate is then said to have been “granted”.

If there is no will, there won’t be a named executor. In this case, certain close relatives of the deceased can apply for a similar document called a Grant of Letters of Administration.

What Does A Probate Solicitor Do?

A probate lawyer’s job is to help you with all of the challenging and sometimes stressful administrative tasks that are so important to get right during probate.

There is a huge range of tasks that need to be completed as part of the process. These include but are not limited to:

Applying for the Grant of Probate
Valuing all of the estate’s assets and liabilities
Filling in Inheritance Tax forms and ensuring this is paid correctly
Working out and paying any Capital Gains Tax that accrues during the probate period
Setting up a trust or trusts if the will instructs them to do so

Is It Worth Getting A Probate Lawyer?

You aren’t required by law to have a solicitor handle the process for you. However, there are several reasons why you might consider getting a probate lawyer:

1) The Etate Or Will Is Complicated

If the estate in question includes multiple properties, lots of investments, several bank accounts, or – most confusingly – overseas assets, you’re going to be well served by a good probate lawyer.

Trusts confuse matters too. If the will instructs you to set up a trust or administer a trust that was set up while the person whose will it is was still with us, using an expert will again be well worth it.

2) You’re Worried About Making Mistakes With Tax Or Law

As part of the probate process, the deceased’s estate needs to be registered with HMRC and several different taxes have to be paid. These include:

Inheritance Tax
Capital Gains Tax
Income Tax

Making errors when valuing the estate or filling in the required information can lead to delays and higher tax bills. Not to mention accusations that you’ve failed to be compliant deliberately.

In general, there are many aspects of administering an estate and even applying for the Grant of Probate document that are complex or challenging if you aren’t familiar with the laws involved.

For instance, if you don’t pay the right Inheritance Tax or don’t allow creditors enough time to claim on the estate, you may end up having to pay the costs yourself.

Having a probate specialist handle it for you ensures everything is done correctly in line with the latest legislation. “I didn’t understand how it worked” isn’t usually accepted by HMRC as an excuse.

3) You Don’t Have The Time Or Emotional Headspace

As well as concerns regarding technical difficulty or costly errors, many people choose to employ a probate solicitor simply because they don’t want additional worry at a difficult time.

Using a probate specialist allows you to concentrate on your and your family’s needs at a time when time pressure and the emotional impact of a loss may be at their height.

Probate Solicitor Near Me

How Much Money Can You Have In The Bank Before Probate In The UK?

The probate process can be a long and involved one that many people want to avoid. So, how much money can you have in the bank before probate in the UK?

Unfortunately, there isn’t a set limit. Individual banks set their own “thresholds” for how much can be in the deceased’s accounts before they ask to see a Grant of Probate.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

If you aren’t sure whether you need a Grant of Probate to access funds in a deceased person’s bank accounts, here is everything you need to know:

What Is Probate?

Before we start, it’s worth being clear on what probate is. Probate is the legal right to administer the estate of a deceased person.

Applying for a Grant of Probate (the legal document that gives you the right) takes about a month. There are several forms to fill in and it can only be done by the person named as the executor in the will.

If there is no will, you need to be one of a set list of close relatives (listed under the intestacy laws) to apply for a similar legal permission document called a Grant of Letters of Administration.

How Much Money Can You Have In The Bank Before Probate In The UK?

Of course, as a general rule, you can’t access the bank accounts of other people. Just because a person has passed away doesn’t mean someone can automatically access their funds.

Each bank sets its own “probate threshold” at which it will ask for proof you are allowed to access the accounts.

This is where the Grant of Probate or Letters of Administration come in. They are the proof you need before you can access the full funds in the account of someone who has died.

However, most banks will allow you to access some funds. For example, you need to pay Inheritance Tax from and on the estate before you can apply for probate. Banks understand this.

Will A Bank Release Funds Without Probate?

The decision as to how much can be in a deceased person’s account without probate being required to access is down to each individual bank. In general, the rules are different:

For a small estate – is an actual thing in the law. A “small” estate has to be valued under £5000 and not include any property. Banks will normally release small estate funds without probate.
On average – the average starting probate threshold tends to be between £10 000 and £15 000.
Under special circumstances – even if the amount in the account is below their threshold a bank may still request to see a Grant of Probate if the estate’s details are unclear in any way.

How Much Can You Have In A Bank Account Before It Goes To Probate?

This depends on the institution the account is with. Individual banks may also total the amounts differently – either in all the accounts a person held or the total value of the estate.

Although this is subject to change, the banks and other financial institutions in the UK set their thresholds approximately like this:£15 000 in account or less

National Savings & Investments – £5 000, though this may rise to £15 000 depending on how many executors are named in the will
AXA – £10 000
Bank of Ireland – £10 000
M&S Money – £15 000
The Post Office – £10 000

£20 000 to £25 000 in account

Sainsbury’s Bank – £20,000
Birmingham Midshires – £25 000
Cheltenham & Gloucester – £25 000
NatWest – £25 000
Royal Bank of Scotland – £25 000

£30 000 in account or more

Britannia – £30 000
Co-op Bank – £30 000
First Direct – £30 000, though this may rise as high as £50 000 if any of the beneficiaries of a will are children. First Direct often decides on the merits of each individual account
HSBC – £30 000, though like First Direct this may rise as high as £50 000 in individual cases or if beneficiaries are children or the deceased’s spouse

£50 000 in account

All of the following banks and building societies allow there to be £50 000 in the accounts of a deceased person before they ask for proof of probate:

Aviva
Bank of Scotland
Barclays
Halifax
Lloyds TSB
Nationwide
Santander

What Amount Triggers Probate?

If you need any support in the probate process – including any questions about how much money you can have in the bank before probate is triggered – get in touch with our experts today.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Tenant Eviction Specialists

Tenant eviction specialists – a guide for landlords

If talking things over and negotiating with your problem tenants fail, sometimes eviction is the only answer. When this seems like the way things are heading, solicitors who are tenant eviction specialists make sure you are proceeding in a way that’s both effective and legal.

To be connected to a specialist landlord and tenant solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

If you are a landlord worried about how you are going to go about evicting tenants from your property, here is everything you need to know about the best way to proceed:

What Is The Easiest Way To Evict A Tenant?

The easiest way to evict a tenant is through the standard process of repossessing a property you own. Usually, this happens at the end of a rental period, is understood to be a possibility by the tenant, and shouldn’t be contested.

This is sometimes called a “Section 21” or a “no fault” eviction because you aren’t finding fault with the behaviour of your tenant. You simply want to take possession of your property again once the fixed rental period is up.

A slightly more complex process is called a “Section 8” eviction. This is for circumstances where rent is not being paid or your tenant has otherwise broken your tenancy agreement in some way.

What Is A Section 21 Notice Eviction?

A Section 21 or “no fault” eviction involves you notifying your tenant that you and they have complied with all of their responsibilities but you no longer wish to rent out the property you own.

There are pros and cons of this approach, including:

Timeframe – you should expect to have to give your tenant a minimum four-month notice period during a Section 21 eviction. This is pretty short, especially if your tenant does not contest it. This allows everything to happen under the “Accelerated Possession Procedure”.
Low cost – the “Accelerated Possession Procedure” is essentially all paperwork and includes no legal fees. This makes an uncontested Section 21 eviction comparatively cheap.
The court has to comply – as long as you have properly fulfilled all your responsibilities as landlord and correctly filled out the Section 21 notification, any court will have to return your property to you.
Danger of failure to fulfil responsibilities – if it transpires you have not fulfilled your responsibilities as landlord or made a mistake in the application process, it can imperil or delay a Section 21 eviction process.
You can’t claim for rent arrears – or anything else your tenant may owe you.

What Is A Section 8 Notice Eviction?

A Section 8 eviction is normally used when your tenants have “breached the covenant” – that is to say, they’ve broken your tenancy agreement or behaved unreasonably in some way. The most common example is failing to pay you the agreed rent.

It is also worth knowing that you can use a Section 8 eviction to swiftly regain possession of a property you used to live in.

The main advantages and disadvantages of using a Section 8 notice to evict your tenants are:

Timeframe – it is possible that a Section 8 notice may come into effect even 24 hours after you serve notice to your tenant. However, because a court hearing is usually involved, the process as a whole can take much longer.
Requires proof – this isn’t a “no fault eviction. You need to prove what your tenant has done (e.g. failed to pay rent) to justify your evicting them.
You can claim for rent arrears – you can claim for unpaid rent as part of your Section 8 proceedings. It is also possible to reach an out-of-court settlement, where you can potentially negotiate on things like unpaid rent and timeframe for vacating the property.
Cost and time required – the proof that Section 8 requires means the process can take longer and be more costly than a Section 21 notice. You will also likely have to go to court, with the attendant cost that involves.
You can fail to fulfil your responsibilities – you can try for a Section 8 eviction even if you have not met all of your landlord obligations. Despite this, failures to comply can be penalised by the court – for example, they may offset against any rent your tenant owes you.

What is the fastest you can evict a tenant?

The UK court system is almost chronically underfunded and has faced continual cuts over the past decade or so. This means the timeframes for eviction are roughly:

Section 21 eviction – an average of around one to two months, with a notification period of at least four months.
Section 8 eviction – around two to three months if uncontested, considerably longer if contested.

How Much Does It Cost To Evict A Tenant In The UK?

Serving notice and securing possession orders cost money. If you need to go to the county court – or, worse, the High Court – the cost of evicting a tenant will be even higher, especially if multiple

hearings are required (and they often are). As ballpark figures:

An uncontested eviction – might cost anywhere up to £1400.
A contested eviction – can be anywhere up to £1600 with solicitors often charging for any required court hearings on top.

Do I Need Tenant Eviction Solicitors?

It is possible to handle a Section 21 eviction process yourself. That said, such are the complexities of the laws involved in delivering a valid eviction notice, most people will use specialist tenant eviction solicitors to make sure they do everything correctly.

Under a Section 8 notice eviction, the court has a great deal of latitude to decide whether your particular grievance is sufficient to warrant evicting your tenant. In these cases, expert legal advice will definitely be required if you want your eviction process to be legal, ethical, and successful.

Wondering how to find tenant eviction solicitors who can support you through this difficult process?

Solicitors Near Me helps landlords across the UK get the legal advice they need – for FREE and with no obligation to use the solicitors we pair you with.

Landlord & Tenant Solicitors Near Me

To be connected to a specialist landlord and tenant solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.