The latest news from Blackhurst Budd
Blackhurst Budd have made a donation of £6K to Homestart Blackpool, Fylde & Wyre
Homestart is a network of trained volunteers and expert support helping families with young children through their challenging times.
This donation comes from the firm’s charity account, which comprises of many small sums of money (residual balances), that our generous clients have agreed to donate.
Pictured: Warren Spencer, Managing Director of Blackhurst Budd with Tracy Breen, Fundraising Manager from Homestart.
Blackhurst Budd meet Elmer L-R Suzanne Leonard, Warren Spencer, Alex Smith, Julie West, Ian Bentley, Briony Haley
Elmer’s Big Parade Blackpool will see at least 30 large Elmer sculptures, each individually painted by artists and illustrators, placed in key locations around the town. It will create a free family-friendly eight-week trail this spring, boosting Blackpool’s economy, celebrating everything that makes the town diverse and raising vital income for its children’s hospice, Brian House.
Blackhurst Budd have invested in the trail and will have its branding on their very own sculpture located in Blackpool town centre. They have chosen a beautiful design by Lucy Hebden inspired by the Blackpool coast. The sculpture will then be auctioned along with all other Elmer sculptures on the trail at the end of the event to raise money for Brian House.
Blackhurst Budd has supported Brian House and Trinity Hospice for many years and has said:
“Brian House and Trinity Hospice are fantastic local charities providing much needed care and support for children and their families. We have supported both charities over many years. Most recently we donated £10,000 to Trinity Hospice from the firm’s charity account, which comprises of many small sums that our generous clients have agreed to donate.
We are delighted to continue our support by sponsoring a sculpture on Elmer’s Big Parade Blackpool, which is a great way to raise awareness and funds whilst bringing a unique attraction to Blackpool. Anyone who visits our sculpture will also be able to enter a free prize draw to win £300 or a set of AirPods.”
Elmer’s Big Parade Blackpool will take to the streets of Blackpool from Saturday 13th April 2024. It is expected to bring more than 250,000 visitors to the town as they take part in the trail and could contribute more than £1.5 million to the local economy. It is hoped it will raise more than £110,000 for Brian House.
Brian House’s Corporate Partnership Manager, said: “Blackhurst Budd has been a wonderful friend to Brian House and Trinity Hospice helping to raise much-needed funds so that we can provide outstanding care to the local people who need us, wherever they are.
A sneak preview of the Blackhurst Budd Sculpture design
“With their continued generosity, our art trail will truly allow us to showcase our town while supporting the vital work our teams do at Brian House for local families.
“By sponsoring our art trail, Blackhurst Budd is helping us to celebrate our town and everything that makes it really special – just like the children we are privileged to care for. We are so grateful to them for their continued support for our charity and for helping us to bring a mammoth amount of fun to Blackpool.”
Elmer’s Big Parade Blackpool is being brought to the town by Brian House in partnership with Wild in Art and Andersen Press. The Elmer sculptures are inspired by David McKee’s beloved children’s books, each uniquely decorated to create a truly unique experience for locals and visitors to discover and re-discover Blackpool.
For more information about Elmer’s Big Parade Blackpool, visit www.elmerblackpool.co.uk and follow @elmerblackpool on social media.
We were delighted to be Match Sponsors at Blackpool Football Club on 10th February against Oxford Utd.
Pictured here is Tom Fielding, Solicitor in our Property Department, presenting the Man of the Match award to Albie Morgan.
Blackhurst Budd have made two donations of £10K each to Trinity Hospice and Blackpool Carers.
These donations come from the firm’s charity account, which comprises of many small sums of money (residual balances), that our generous clients have agreed to donate.
Warren Spencer, Managing Director at Blackhurst Budd commented: “We are delighted to be able to support these two fantastic local charities who provide such valuable services in Blackpool.
I must also thank the hard work of our accounts team to ensure that the correct processes are undertaken to identify these balances and meet our compliance requirements before we can make any donations.”
Terry Hodkinson, Head of Business Development and Fundraising at Blackpool Carers Centre with Warren Spencer Managing Director at Blackhurst Budd.
L-R Warren Spencer (Managing Director Blackhurst Budd), Janet Atkins (Corporate Partnership Manager at Trinity Hospice), Ian Bentley (Director at Blackhurst Budd).
Blackhurst Budd Solicitors are proud sponsors of Elmer’s Big Parade Blackpool in support of Brian House Children’s Hospice.
The firm is sponsoring an Elmer sculpture, which will form part of an art trail featuring 30 large Elmer the Patchwork Elephant sculptures and will be live across the town from Saturday 13th April until Sunday 9th June 2024.
As well as bringing people to the town and celebrating the diversity of local communities, the event will be raising much needed funds for Brian House. Each large sculpture will be uniquely decorated by established and up and coming artists, creating a parade through the town that will be enjoyed by visitors and locals for eight weeks.
A herd of smaller Elmers will accompany the trail, decorated by local children and young people through schools and youth organisations. They will be displayed inside some of the town’s tourist, cultural and leisure locations.
Blackhurst Budd have said:
“We have supported Brian House and Trinity Hospice for many years, fantastic local charities providing much needed care and support for children and their families.
Elmer’s Big Parade is a great way to raise awareness and funds whilst bringing a unique attraction to Blackpool.”
Helen Soutar presenting Ian Bentley & Suzanne Leonard with a Certificate of Thanks from Cancer Research UK.
Ian Bentley & Suzanne Leonard from our Probate team were presented with a Certificate of Thanks by Helen Soutar (Legacy Partnership Manager at Cancer Research UK) at our offices last week.
We are proud to say that we have raised over £1,000,000 in Gifts in Wills through the Cancer Research UK (CRUK) Free Will Service since becoming members in 2016.
If you would like to arrange a free basic Will and support this fantastic charity please click here.
Blackhurst Budd have said a fond farewell and happy retirement to our longest serving member of staff, Anne Swarbrick, who has amassed an amazing 55 years with the firm.
She joined J K Lawson & Co on Monday 8th April 1968, which merged with several other prominent local firms and ultimately formed Blackhurst Budd in 2009. She began her career in conveyancing but also had extensive experience dealing with wills and probate.
Anne officially retired on the 28th of April and says she wants to apply for the job dressing up as a bird to scare the seagulls at Blackpool Zoo!
“It has been a fantastic experience to have worked for the same firm for so long. There have been a huge number of changes in the legal world during that time, but what has remained the same is the need to look after your clients. I have been lucky enough to have clients that have been with me since the 1960s and I have, in some cases, acted for three generations of the same family.
It is a wrench to leave and I will miss the firm, the people and the daily interactions with everyone but the time has finally come to say goodbye.”
Briony Haley, Director and Head of Property commented:
“We would like to thank Anne for her dedication and loyalty to the firm. Over the years she has helped many families in Blackpool the Fylde Coast buy and sell properties and support people with the loss of a loved one when dealing with probate matters.
Her dry sense of humor and quick wittedness will be sorely missed by all at Blackhurst Budd and no doubt by her clients too. We wish her all the very best in her well-deserved retirement.”
Having successfully obtained a financial order following divorce or dissolution of a civil partnership, this does not necessarily represent the end of the road. This is because further legal action may still need to be taken to enforce that order. This can sometimes be the case, even if the order was reached on mutually agreeable terms, where the reality of the financially stronger spouse or civil partner having to part with any money or assets may be causing some delay. Below we look at what can be done to remedy this problem.
How can a financial order be enforced?
In most cases, once the court has either made or approved an order as to how the matrimonial or partnership finances are to be split, the relevant payments or property transfers will be made in accordance with the terms of that order — and the parties can move on. Sadly, however, in some instances, the paying party will simply refuse to part with the money or assets which they are due to pay or transfer to their ex.
Fortunately, there are a number of ways of legally addressing a refusal to pay up, where the courts have various robust powers to ensure compliance with any financial order made. This will be the case even if an order was agreed by consent, provided it was put before a judge for the court’s approval, in this way making that consent order legally enforceable.
The potential routes available to enforce the party in default to comply with a financial order can include a charging order, an attachment of earnings order, a third party debt order, a warrant of control, or various orders relating to the sale or transfer of property.
Which option is best to enforce a financial order?
When it comes to enforcing a financial order, the best available option will depend on both the nature of the order and the sums involved. In cases where a large lump sum payment is due, the court can be asked to secure the money owed by placing a charge over any property owned by the defaulting party. This is known as a charging order. This is like having a mortgage in favour of the non-defaulting party, where an order for sale can subsequently be sought if the money is still not forthcoming. In contrast, where spousal maintenance has not been paid, an attachment of earnings order can be sought, requiring the employer of the defaulting party to deduct this money directly from their wages.
Other enforcement options can include a third party debt order, asking the court to seize money, usually held in a bank account in the name of the defaulting party, in full or partial settlement of the sums owed; a warrant of control, asking the court bailiffs to seize and auction off any goods belonging to the defaulting party; and, in the context of property adjustment orders, an order for the defaulting party still living in the property to leave and/or for the court to sign the relevant papers where the defaulting party refuses to do so.
Importantly, even though there will be a cost to taking proceedings to enforce a financial order, it is usually possible to ask the court to add these costs to the money owed so that reimbursement can also be claimed from a former spouse or civil partner.
Legal disclaimer
The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law in England and Wales and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, either express or implied, is given as to its’ accuracy, and no liability is accepted for any errors or omissions. Before acting on any of the information contained herein, expert advice should be sought.
Sadly, where family relationships have broken down, especially when parents separate, it is not uncommon for grandparents to find themselves in a situation where they are denied any contact with their grandchildren. Below we look briefly at the law in this area, outlining the legal rights for grandparents around spending time with their grandchildren.
Do grandparents have automatic rights over grandchildren?
Even for those grandparents who have previously had regular caring responsibilities for their grandchildren, or the emotional bond is otherwise strong, the law does not grant an automatic right to a relationship. This essentially means that if a dispute arises over contact with a child, for example, where the parents separate and one set of grandparents become estranged, a grandparent cannot assert an automatic right to spend time with a grandchild.
Grandparents also do not have an automatic right to apply to the court for what is known as a child arrangements order. This is an order typically used by separated parents to decide the issue of custody and contact, but can also be used to determine the nature and extent of any contact with wider family members. However, the good news is that it is open to grandparents to apply to the court for leave. This simply means that they first need to ask the court for permission to be heard about the issue of contact.
Provided permission is granted, the court can then go on to consider whether or not contact between a grandparent and grandchild is in the best interests of that child. There are various factors that the court will take into account when deciding the issue of contact with grandchildren, including the nature and strength of the existing relationship between a grandparent and grandchild. However, ultimately, the child’s welfare will always be of paramount importance, with reference to the following welfare checklist:
• the ascertainable wishes and feelings of the grandchild in the light of their age and understanding at the date of the application
• the grandchild’s physical, emotion and educational needs
• the likely effect on the grandchild if circumstances change as a result of any order
• the grandchild’s age, sex, background and any other relevant characteristics
• any harm the grandchild has suffered or may be at risk of suffering
• the capability of the grandparent(s) in meeting the grandchild’s needs.
Needless to say, grandparents can often find the prospect of court proceedings daunting, where the grandparent-grandchild relationship will inevitably come under close scrutiny. However, with the right advice and representation, it is possible to re-establish regular contact with a grandchild. This can also often be achieved with recourse to the courts.
How can contact disputes over grandchildren be best resolved?
In circumstances where family relationships have broken down, and agreement cannot be reached around grandparents spending time with their grandchildren, mediation is often used as an alternative to court proceedings. Before applying for a child arrangements order, an applicant must first show that they have attended a mediation meeting in any event.
However, mediation is not simply a box-ticking exercise, but can be a productive way of getting the parties to talk about what is best for the child and finding some common ground. With the help of a mediator, this can give the parents and grandparents the opportunity to amicably reach an agreement about contact without recourse to the courts.
Legal disclaimer
The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law in England and Wales and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, either express or implied, is given as to its’ accuracy, and no liability is accepted for any errors or omissions. Before acting on any of the information contained herein, expert advice should be sought.
For many of us, the most valuable asset that we will own during the course of our lifetime will be the property that we live in. Understandably, therefore, this is the asset that we will want to protect, both from future care home fees, as well as from any second marriage or civil partnership, where a surviving spouse or civil partner remarries upon the death of the other. Below we look at how a Property Trust Will can help in either scenario.
Property Trust Wills and care home fees
Jointly-owned property is disregarded from any residential care needs assessment, at least for as long as any spouse or civil partner remains living in it. However, once a person passes away — and property is left to the surviving spouse or civil partner under the terms of a Will or in accordance with the rules of intestacy — the deceased’s share of the family home can be factored into any financial assessment for the surviving spouse or partner.
At present, if a person enters into full-time residential care in England and Northern Ireland, and they have any savings or assets worth more than the £23,250 threshold then, generally speaking, they will have to pay the cost of care themselves. Even though the government has announced a care-costs cap of £86,000 as from October 2023, providing financial protection from unlimited care costs if these reforms come into force, the matrimonial or partnership home may still need to be sold to pay for care home fees.
A Property Trust Will, also known as an Asset Protection Trust Will, provides an effective legal mechanism for couples to ensure that on the death of the first, their share in the property will not be factored into any financial assessment if they need to go into care in the future. This will therefore avoid the full impact of care home fees and help to safeguard any inheritance for the couple’s children as far as possible.
Property Trust Wills and second marriages
Similarly, when it comes to second marriages, if a couple make Wills leaving their assets to each other on the first death, and to their children or other family members on the second death, the surviving spouse of civil partner will still ultimately own all of the combined assets. The problem with this is that the survivor is free to change their Will at any time, potentially leaving the first party's chosen beneficiaries completely cut off.
The survivor could also remarry, which means that their Will would automatically be revoked and, again, the chosen beneficiaries of the first person to die will lose out.
A Property Trust Will can ensure that assets are received by the beneficiaries as chosen by a couple from the outset, regardless of who dies first, where this type of trust mechanism can be extremely useful where a couple have children from previous relationships.
How does a Property Trust Will work?
A trust is basically a legal arrangement which, in the case of a Property Trust Will, is typically a life interest trust included within a Last Will and Testament. This is where a surviving spouse or civil partner can continue to occupy the family home for as long as they need to, before the property passes on to the next generation. The survivor will be able to benefit from the deceased’s share of the property, without actually owning that share, with the property passing to specified beneficiaries when their interest comes to an end.
The advantage of a Property Trust Will is that if the survivor needs full-time care, only their own share of the family home can be assessed towards residential care fees. This is because they do not own the deceased’s share, but simply have a life interest to use it. Equally, they cannot bequeath that share to someone else, nor can that share form part of the marital or partnership assets if they choose to re-marry or enter into another civil partnership.
However, Property Trust Wills are a very specialised area of law, where it is essential that professional advice is sought to ensure that a couple’s wishes are met.
Legal disclaimer
The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law in England and Wales and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, either express or implied, is given as to its’ accuracy, and no liability is accepted for any errors or omissions. Before acting on any of the information contained herein, expert advice should be sought.
