Executors Warned Not to Hold Off on Probate

Blackhurst Budd Solicitors have warned that executors and beneficiaries could be facing a lengthy wait if they hold off applying for Grant of Probate.

Last year grieving families faced delays of three months to due to software problems at HM Courts and Tribunals Service (HMCTS), plus a spike in demand due to the proposed hike in probate fees, which was later scrapped.

The Government has revealed that applications for grants of probate have fallen by 50% since 23rd March 2020, but as the lockdown eases there may well be a surge in applications due to the number of deaths that have occurred as a result of the pandemic. HMCTS have stated they will recruit more staff to process probate applications if needed, but it is unclear whether this would again result in a backlog and further delays.

Ian Bentley, Director and Head of Private Client at the firm commented:

“Delays during the estate administration process cause additional stress during an already difficult time for grieving families. It is currently taking 5 weeks to receive a Grant of Probate and we can see this increasing if people continue to hold off starting the process.

Dealing with matters following a death are emotional and challenging at the best of times and due to the pandemic, it seems people have been unsure how to proceed. Although certain elements have been adapted to reflect the social distancing measures in place, it is still possible to carry out the probate process.

In addition to delays with the HMCTS, requests for information from banks and other financial institutions is taking longer than usual so we are urging executors to start the process as soon as possible.”

Blackhurst Budd have taken all necessary precautions with regards the safety of clients and staff. Limited contact is required when dealing with probate and the vast majority can be dealt with over the phone, video calls or email.

For advice on Probate please call 01253 629300 or email info@blackhurstbudd.co.uk

Coronavirus: Separated Families and Contact with Children in Care FAQs

The House of Commons have released responses to some of the frequently asked questions regarding separated families and contact during the coronavirus pandemic. This covers:

• Can children move between the homes of separated parents?

• How should parents comply with a court-orders for contact?

• How are child maintenance payments impacted?

• Can I visit my child in care/residential home?

• My child contact centre is closed: What alternatives are being made?

• Where can I go for help and advice?

To download the guide please click here.

If you require further advice please call 01253 629300 or email info@blackhurstbudd.co.uk

Fylde Coast Housing Market Set To Reopen

From today estate agents’ offices can open; viewings are permitted; show homes can open; removal companies and the other essential parts of the sales and letting process are re-started with immediate effect.

Since lockdown restrictions were implemented in March, an estimated 450,000 people have been unable to progress their plans to move house. All buyers and renters will now be able to complete their moves.

A new Charter has also been launched by the Government and the Home Builders Federation, helping construction sites reopen in line with latest health and safety guidance. Construction companies signing up to the Charter commit to returning to work safely, including working with their subcontractors to implement social distancing, as well as detailed safe working practices.

Briony Haley, Head of Property at Blackhurst Budd Solicitors commented:

“This is positive news for the housing market in general and particularly for the hundreds of people in Blackpool and the Fylde Coast that have been waiting to complete their move. The moving economy is far wider than the initial transaction, the knock on effect of post move purchases such as beds and furniture right through to kitchens and bathrooms is vital.

Our property department has continued to operate throughout lockdown and we are now ready to get clients into their homes and expect an increase in new instructions as property valuations and viewings restart.”

The full list of activities now permitted in relation to the property market are:

• Visiting estate or letting agents, developer sales offices or show homes

• Viewing residential properties to look for a property to buy or rent

• Preparing a residential property to move in

• Moving home

• Visiting a residential property to undertake any activities required for the rental or sale of that property

For further information please call 01253 629300 or email info@blackhurstbudd.co.uk

Can I make a Will or set up a Lasting Power of Attorney without coming into the office?

This is the question we have been asked most frequently over the last month and the answer is yes to both. Though in normal circumstances we would wish to meet our clients face to face either in the office or at their home, we appreciate is this neither desirable nor possible for many people now.

The process below outlines how we are currently operating our Wills service and we have a similar system in place for Lasting Powers of Attorney.                                                                                                             

• Initial meeting via telephone or video call to advise and take instructions

• Client documentation issued by email or post

• Client returns Authority to proceed by email or post

• Blackhurst Budd Solicitors draft wills and issue advice letter by email or post

• Wills approved by the client

• Wills printed and bound and issued by post with detailed instructions for signing and witnessing

• OR final wills emailed to client for printing and signature with detailed instructions for signing and witnessing

• Signed wills returned to Blackhurst Budd Solicitors for checking

• Copy wills issued by email whilst originals are stored free of charge

To make your initial appointment for either a Will review or to set up a Lasting Power of Attorney please call 01253 629300.

Luke Robinson qualifies as a Solicitor

Luke Robinson has qualified as a Solicitor at Blackhurst Budd as of 1st May 2020.

Luke has dealt with residential and commercial property transactions at the firm since 2014 and started his two year training contract in 2018. He joined Blackhurst Budd after graduating with a Degree in Law with Criminology from Edge Hill University.

Managing Director Warren Spencer commented:

“Many congratulations to Luke on qualifying as a Solicitor. He has become a key member of the property team, building his own network of professional contacts and providing an outstanding service to our clients.”

Firm Donates £10,000 to Trinity Hospice

Hospice staff are on the front line of care during the Covid-19 crisis: and a generous financial donation will help the Trinity team go on caring for local people in the weeks and months ahead.

Blackhurst Budd had made Trinity’s Linden Centre its charity of the year, pledging £5,000 to help fund its bereavement counselling services for adults and children. But in the face of the current health crisis, the firm added another £5,000 for the adult hospice – a gesture which has been warmly welcomed.

Warren Spencer, Managing Director at Blackhurst Budd commented: “We are delighted to be able to support the Linden Centre and Trinity Hospice at this difficult time, when many charities are struggling to raise the regular income they need. We are aware that all planned fundraising activities have been abandoned due to Covid-19 and social distancing measures.

“Whilst NHS related charities are receiving a great deal of well-deserved coverage at the moment, we must not forget the vast number of other worthy charities who still need the support of local businesses and individuals to survive.”

He added: “I must stress that 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. A great deal of hard work has gone into this process over the last six months by our accounts departments and that is reflected in the amount we are able to donate.”

With its summer events cancelled and an uncertain few months ahead, Trinity is facing a big funding deficit, despite money being pledged to the hospice sector by the Government. Fundraisers expect to be at least £500,000 down on targets – at a time when the hospice is busier than ever as it offers bed space to help ease pressure on NHS services locally.

Corporate Partnership Manager Janet Atkins said: “This donation comes at a time of considerable pressure at Trinity, when our nurses are on the frontline of Covid-19 care and many sources of funding have dried up.

“Blackhurst Budd have been staunch supporters over the years and we cannot thank them enough for their financial support in these unprecedented times. They are a fantastic example of a local company helping local people.”

Sharp Rise In Demand For Wills In Blackpool

Blackhurst Budd Solicitors have reported a significant increase in the demand for wills and Lasting Powers of Attorney over the last three weeks.

There have been challenges to ensure that the wills are executed correctly whilst still following social distancing rules, which has led to a number of unusual practices such witnessing the signing of Wills through a window at the client’s home.

There have been calls for the Government to make writing wills easier during the Covid-19 crisis and the Ministry of Justice could temporarily relax rules on two witnesses being present. Scottish Law has already been amended to allow video conference facilities to assist in witnessing a testator signing their Will.

Ian Bentley, Director and Head of Private Client Services at Blackhurst Budd commented:

“Whilst further clarification is expected from the Ministry of Justice, the Solicitors Regulation Authority released guidance on the 2nd of April stating that video supervision of witnesses signing Wills should be possible, for example in the case of people in a care home.

Only last month an online poll showed that the number one reason people did not have a Will was simply that they hadn’t got round to it. Concerns over the Coronavirus and an increased amount of time people have on their hands due to lockdown has resulted a large number of enquiries from new and existing clients.”

For advice on Wills, Trusts and Lasting Powers of Attorney please call 01253 629300.

Natasha Qualifies as a Solicitor

Natasha Clark has qualified as a Solicitor at Blackhurst Budd as of April 2020, having completed a two-year training contract with the firm.

Originally from Blackpool, she attended St Georges C of E High School ahead of moving to Leeds to study law. She graduated in 2015 and went on to study the LPC at UCLan, achieving a Distinction. Natasha is experienced in both residential property and family law.

Managing Director Warren Spencer commented:

“Congratulations to Natasha on becoming a qualified Solicitor. She has worked extremely hard to complete both the qualifications and training required and we are delighted to have her as part of the team here at Blackhurst Budd.”

Coronavirus Update

In view of the current Coronavirus pandemic and related Government restrictions we are only able to offer a limited service across all departments for essential work. Our reception remains open to take phone calls only.
 
If your enquiry is urgent please call 01253 629300 or email info@blackhurstbudd.co.uk
 
Please click on the link below to see the Government’s advice on moving home during this crisis as at the 26th March 2020.
 
https://www.gov.uk/guidance/government-advice-on-home-moving-during-the-coronavirus-covid-19-outbreak

IMPORTANT NOTICE

Following UK Government guidance all of our staff are now working remotely and there will be no access to our offices for the general public.

Wherever possible, please send communications and documentation to us electronically but do not send bank details or other sensitive information by email.

The vast majority of legal services can still be dealt with remotely including:

• Wills, Lasting Powers of Attorney and Probate

• Residential and commercial property – though completion dates will be affected

• Family matters

• Employment law advice

Our telephone lines have been redirected and we are still available on 01253 629300 or email info@blackhurstbudd.co.uk