What to do if you’re denied access to your child

What to do if you’re denied access to your child

Sadly, it’s not uncommon for disputes to arise over child contact arrangements, where being denied access to your child can be heartbreaking, both for you and them. However, there are steps that can be taken to resolve any dispute that you have with the parent or guardian with care, ensuring that you’re able to maintain regular contact with your child moving forward.

Try to reach an agreement

Even if you have parental responsibility for a child but you do not live together, it does not mean you have an automatic right to spend time with them. There is no immediate legal right to contact for a parent. That said, a court will usually grant the non-resident parent access, unless there’s clear evidence that this will be detrimental to the child’s welfare.

In some cases, a carefully worded letter, explaining your point of view, as well as the view the court is likely to take to access, can help to persuade your ex to see your perspective, and to accept that continued contact is in the child’s best interests. By seeking expert advice from a family law specialist, your advisor can help to set out the legal position in writing, together with reassurance in respect of any concerns that your ex may have over granting you access.

If agreement can be reached in this way, your solicitor can draft the terms of that agreement in writing and ask the court to approve those terms. In this way, the agreement will become legally binding. Provided the court accepts that the terms of any consent order are in the child’s best interests, the order will be approved without the need for a court hearing.

Where the matter cannot be resolved informally or by way of an approved consent order, you may instead wish to invite your ex to try mediation, in this way helping you both to reach an out-of-court agreement that is acceptable for everyone without recourse to the litigation.

Apply for a Child Arrangements Order

If you’re unable to agree to contact, you can ask the courts to decide at a hearing. If this happens the result will be a Child Arrangements Order. This is a court order stipulating who has primary care of the child, and the nature of any contact with the non-resident parent or wider family members. However, except in certain cases, for example, involving domestic abuse, the court will want to see that you’ve at least attended a meeting about mediation first.

When a court determines any question with respect to the upbringing of a child, the child’s welfare will be the court’s paramount consideration. Here, a range of factors will be taken into account including the needs and wishes of the child, the capabilities of each parent in meeting those needs, as well as any harm that the child may have suffered or be at risk from suffering. In the absence of any safeguarding concerns, the courts will actively encourage a relationship between the child and both parents, even if objections are raised by your former partner.

A family law specialist experienced with dealing with these types of applications can help to prepare any case on your behalf, helping to ensure that an order is made in your favour for continued contact with your child. By having a well-prepared case, this can go a long way towards effectively defending any challenge raised by the parent or guardian with care.

Enforce a Child Arrangements Order

If you already have a consent or court order in place, but your ex is not keeping to the terms of that order, it’s often best to see if the matter can first be resolved informally. In many cases, this will be in the best interests of all those involved, including your child, especially where the breach or breaches of any order are relatively minor.

Legal advice should be sought as soon as possible so that every attempt can be made to resolve the matter without further recourse to the courts. However, as a last resort, there are legal steps you can take to ask the court to enforce its terms. Your legal advisor can also advise on all other available options, including further family mediation.

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, express or implied, is given as to its’ accuracy, and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should always be sought.

How do you value an estate for inheritance tax purposes?

How do you value an estate for inheritance tax purposes?

If you’re acting as an executor of a deceased’s estate, an important part of your responsibilities will be to value any assets that form part of that estate for inheritance tax (IHT) purposes. Whether or not there’s IHT to pay, this will affect how you report the estate’s value, and the deadlines for reporting and paying any tax. This can often be a complex process, not least where the deceased owned various different types of assets at the date of death.

Below we look at the steps involved to work out the value of someone’s estate.

Step 1: Work out the market value of all the assets

When valuing someone’s estate, ie; the money, property and possessions of the person who’s died — you should start by estimating all the things the person owned with a monetary value, whether jointly held or in their sole name. You will need to add these up to get the ‘gross value’ of the estate. This can include things like their home, savings, stocks and shares, vehicles, jewellery, pension payouts, life assurance, and money they’re owed, such as wages.

You should be able to value some assets easily, for example, money in bank or building society accounts. In other instances, you may need the help of a professional valuer, for example, a chartered surveyor to assess the open market value of the deceased’s home.

Step 2: Deduct any debts, reliefs and exemptions

Having established what debts were outstanding at the date of death and deducted these from the gross value, this will give you the ‘net value of the estate’. This not only includes any debts and unpaid bills the deceased person still owed, but also any funeral expenses.

In addition, you will need to deduct any reliefs that apply to agricultural assets, businesses and business assets, as well as the value of any assets left to spouses, civil partners, charities or that are exempt for other reasons. The figure that you’re left with will give you the value of the estate that’s taxable. This is known as the ‘chargeable estate’.

Step 3: Work out the available inheritance tax threshold

You will need to take the basic threshold of £325,000. Everyone in the 2021-22 tax year has a tax-free IHT allowance of £325,000, known as the nil-rate band, together with a residence nil-rate band of £175,00 where applicable. You can also take any unused thresholds transferred from a late spouse or civil partner’s estate.

Step 4: Compare the value of the estate with the available threshold

You will need to compare the value of the chargeable estate with the available threshold(s). If the value of the estate is less, there’s no inheritance tax to pay. If it’s more, IHT will be due on the excess, typically at a rate of 40%. Once you’ve got all your information and figures together, you will need to report the estate’s value in detail to HMRC.

Step 5: Secure expert advice from a probate specialist

Whilst valuing the estate of someone who has died has been broken down into these relatively simple steps, the rules can become complicated, not least if substantial gifts were made within seven years of the date of death as this reduces the basic IHT threshold, or where assets were given away but for which the donor retained some benefit. The terms of the will can also affect how much tax is payable and who pays it when there are tax-free gifts or items left in trust.

If in any doubt whatsoever, prior to reporting the estate’s value to HMRC, expert advice should be sought from a probate specialist. The financial implications of valuing an estate incorrectly can be significant, particularly if the deceased’s estate is subject to inheritance tax. By securing the advice and assistance from a legal professional, this can give you the peace of mind to move on to the next stage in the process: applying for probate and administering the estate.

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, express or implied, is given as to its’ accuracy, and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should always be sought.

 

 

 

 

 

 

What is judicial separation?

What is judicial separation?

If you’ve recently separated from your spouse or civil partner you may be considering divorce or dissolution of your civil partnership. However, for some couples, this is not necessarily the best way forward. Instead, if you’re choosing to live apart but are still looking for the court to decide how your finances will be divided, you can apply for a judicial separation.

What does judicial separation mean?

A judicial separation is a legal separation which is sanctioned by the court in England and Wales. This allows couples to live apart without bringing their marriage or civil partnership to an end. It ratifies the separation, and with the exception of pension sharing, it will enable the court to make financial orders similar to those made on divorce or dissolution.

When can you apply for judicial separation?

You can ask the court to sanction a legal separation for the same reasons you could file for a divorce or apply to dissolve a civil partnership, although you will not be required to show that the marriage or civil partnership has irretrievably broken down. The grounds for separation, as with divorce or dissolution, include adultery, unreasonable behaviour, desertion for a period of at least two years, two years' separation with consent or five years' separation.

How does judicial separation differ to divorce?

Unlike divorce or dissolution of a civil partnership, you do not need to prove irretrievable breakdown of the marriage or union, and you will not need to be married or in a civil partnership for more than one year to be eligible to apply. Further, whilst a divorce or dissolution require two decrees from the court — a decree nisi and absolute, or a conditional and final order — a legally sanctioned separation requires one decree of judicial separation.

Once a decree of judicial separation has been granted, you will no longer legally be a couple or required to cohabit, but you will remain married where, unlike divorce or dissolution, you will not be permitted to remarry or enter into a new civil partnership.

When is judicial separation appropriate?

There are several reasons why judicial separation may be appropriate, including where one or both parties have religious or moral objections to divorce or dissolution. In other cases, judicial separation may be preferable to officially bringing a marriage or civil partnership to an end because a year has not yet passed since the wedding or civil ceremony. Conversely, more time may be needed to consider whether divorce or dissolution is the right decision.

Indeed, for those who decide to wait it out before getting divorced or dissolving their civil partnership, instead using judicial separation to regulate their finances in the interim, new legislation is set to revolutionise the way in which couples can apply for divorce or dissolution.

When is the new law due to come into force?

The Divorce, Dissolution and Separation Act 2020 is due to come into force on 6 April 2022. This removes the requirement to establish any facts before being granted an order. Rather, all that will be required is for one or both spouses to provide a legal statement to say the marriage or civil partnership has irretrievably broken down, in this way making it easier and less acrimonious to bring a divorce or civil partnership to an end. Equally, once the new provisions come into force, parties applying for judicial separation will not be required to establish any one of the five factual grounds.

For more information on judicial separation, divorce or dissolution of a civil partnership, expert advice should be sought from a family law specialist.

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, express or implied, is given as to its’ accuracy, and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should always be sought.

Are prenuptial agreements legally binding?

Are prenuptial agreements legally binding?

Prenuptial agreements are becoming increasingly popular in the UK. Although prospective spouses rarely enter into a marriage anticipating that their union will end in divorce, more and more pragmatic couples are anxious to plan for this possibility — typically to protect inherited wealth or pre-marital property on any future breakdown of the relationship. 

Still, entering into a prenuptial agreement doesn’t necessarily guarantee protection over any assets acquired either prior to or during the course of the marriage, least of all where both parties have not sought independent legal advice before entering into this type of agreement.

Below we look at what a prenup is and how this works, and what requirements need to be met to help maximise the prospects of an agreement being upheld by a court on divorce.

What are prenuptial agreements and how do these work?

A prenuptial agreement is a legal contract that sets out how any assets and financial resources should be divided between a couple if the marriage were to breakdown. This is an agreement that is entered into prior to the marriage taking place, although it’s also possible to enter into a similar agreement after the event. This is known as a postnuptial agreement.

In either case, the agreement sets out a couple’s rights regarding any property, income and other assets acquired both individually and jointly. In this way, the agreement is designed to provide the parties with clarity and certainty around the financial arrangements should they ever separate, thereby reducing the risk of acrimonious or protracted divorce proceedings.

What are the rules relating to prenuptial agreements?

Under UK law, a prenuptial agreement is not automatically legally binding, where the parties to the agreement cannot override the court's discretion to decide how to redistribute their assets and income on an application for financial remedy. That said, the court must give appropriate weight to a prenuptial agreement as a relevant factor under the Matrimonial Causes Act 1973, in some cases, even decisive weight, depending on the circumstances.

In accordance with the guidance from the Supreme Court in the case of Radmacher v Granatino [2010] UKSC 42, the court should usually give effect to a prenuptial agreement that is freely entered into by each party with a full appreciation of its implications, unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.

Should legal advice be sought for prenuptial agreements?

The manner in which a prenuptial agreement is entered into will play a crucial part in how much weight the agreement is given by the court, where seeking independent legal advice will amount to strong evidence of a party's understanding of its implications.

In its assessment of fairness, various other factors will be taken into account by the court, including the welfare of any child(ren), the duration of the marriage, the responsibilities undertaken and assets acquired during the course of the marriage, and the future needs of both parties. Still, by securing the services of a family law expert before you get married, this will give your prenup the best chance of being upheld in the event of divorce.

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, express or implied, is given as to its’ accuracy, and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should always be sought.

 

 

 

 

 

Congratulations to James

Congratulations to James

James Aird qualified as a Solicitor at Blackhurst Budd as of 30th September 2021.

James will specialise in litigation matters and has a wide range of experience ranging from landlord and tenant matters to contentious probate and commercial disputes. He has also worked in the niche area of fire safety law alongside Managing Director Warren Spencer.

James started his two-year training contract with the firm in 2019 and completed his Legal Practice Course at the University of Central Lancashire in 2020.

Managing Director Warren Spencer commented:

“Congratulations to James on qualifying as a Solicitor. His success is well deserved and is the result of many years of hard work and dedication at university, in post-graduate legal studies, as a paralegal and finally through his training contract. I wish him the best of luck as he moves forward in the next stage of his career.”

James Aird added:

“I’m delighted to have completed my training contract and to have been offered a role within Blackhurst Budd. I am looking forward to expanding my experience further and developing a wider range of legal services for clients throughout Blackpool and the Fylde Coast.”

Congratulations to Tom

Congratulations to Tom

Tom Fielding in our property department has made the shortlist for a national award at the 2021 Modern Law Conveyancing Awards. Tom, who qualified as a Solicitor in March of this year, has been shortlisted in the 'Rising Star of the Year' category.

Briony Haley, Head of Property commented:

"We're thrilled that Tom's efforts over the last 12 months have been recognised. During a challenging year the feedback we have received from clients and introducers working with Tom has been exceptional. In addition to this he has assisted in business development activity and is also now taking on commercial property transactions."

Tom added:

"I only found out recently that I had been nominated by the firm and to be shortlisted against so many great individuals and law firms is amazing. Fingers crossed for the ceremony!"

The winners of the awards will be announced on 25th November 2021 at the Rum Warehouse in Liverpool.

Inheritance tax and the 7 year rule 

Inheritance tax and the 7 year rule 

One of the most effective ways in which you can reduce the amount of tax to be paid by your estate after you die is by giving away cash or assets during your own lifetime. The effect of such gifts can be to remove their value from your estate, thereby reducing the amount of inheritance tax due after death. Below we look at which lifetime gifts are automatically exempt from IHT and how potentially exempt transfers, or PETs, work under the 7 year rule.

What lifetime gifts are automatically exempt from IHT?

Gifts as between spouses or civil partners are usually made tax-free, regardless of the circumstances or timescales involved. There are also other lifetime gifts that will not count toward the value of your estate because they are automatically exempt. These include:

•   The annual exemption: here you can gift up to £3,000 each tax year

•   Small gift exemption: an unlimited number of small gifts can be made of up to £250 per person, provided no other gifts were made by you to these recipients

•   Wedding or civil ceremony gifts: these gifts are subject to limits depending on the relationship between you and the recipient, and can range from £1,000 to £5,000

•   Living costs: you can make payments from your surplus income to help with the living costs of a child aged under 18 or an elderly relative.

 What are potentially exempt transfers and the 7 year rule?

A potentially exempt transfer (PET) is a gift that is not automatically exempt, but for which no inheritance tax will be payable if sufficient time has passed since the making of the gift and the date of death. A PET will only become chargeable to IHT where you fail to survive for 7 years from the making of the gift. Under the 7 year rule, if a gift is made more than 7 years prior to the date of death, regardless of the nature or size of the gift, no inheritance tax will be payable.

However, even for gifts that fall within 7 years of death, some tax relief may still be available in the form of taper relief if your estate is chargeable to inheritance tax. Taper relief applies if the total value of any gifts made within the 7-year period prior to death exceeds the inheritance tax-free threshold of £325,000 (2020-2021).

Under the taper relief rules, inheritance tax is payable on a sliding scale, from the full 40% IHT rate for gifts made less than 3 years ago, down to just 8% for gifts made within 6-7 years of death. As such, lifetime gifts, even in respect of those made within a few short years prior to the donor’s death, can have a significant impact on the amount of tax payable after you die.

To understand more about how lifetime gifts can be used to minimise the tax payable on your estate on death, together with other mechanisms that can be used to reduce any liability to IHT, professional advice should be sought from an Estate Planning and Wills expert.

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, express or implied, is given as to its’ accuracy, and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should always be sought.

The legal meaning of lacking mental capacity

The legal meaning of lacking mental capacity

If you’ve been informed that a loved one no longer has mental capacity, perhaps following an unexpected illness or injury, this can be an emotionally fraught time where important decisions may need to be made about either their immediate or long-term care.

By understanding what it means when someone lacks capacity, and how this decision is reached by healthcare professionals, this can help to prepare you for how the diagnosis will affect your loved one and how their best interests can be safeguarded moving forward.

What does lacking mental capacity mean?

The Mental Capacity Act 2005 sets out the legal framework of how those working with or responsible for caring for someone who lacks capacity should act and make decisions on that person’s behalf. Under the Act, an individual lacks capacity in relation to a matter if: “at the material time s/he is unable to make a decision for himself/herself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain.”

As such, a person who lacks mental capacity is someone who does not possess the ability to make a particular decision for themselves at the time the decision needs to be taken. This reflects the fact that someone may lack capacity to make some decisions, but will have capacity to make others. For instance, they may be able to make minor decisions about everyday issues such as what to wear or eat, but unable to make more significant and complex decisions about say, financial matters or medical treatment. 

As a result of illness or injury that causes their capacity to change, a person may also lack the ability to make decisions at a certain time, yet be able to make that decision at a later time. 

How is lacking mental capacity decided?

Having identified whether an individual suffers from an illness, injury or other issue that could cause the person to lack mental capacity (the diagnostic stage), the healthcare professionals tasked with deciding if someone lacks capacity will then need to consider the individuals ability to make certain decisions for themselves (the functional stage). 

A person will be classed as unable to make a decision for themselves if they’re unable to:

•   understand the information that's relevant to a particular decision

•   retain that information for as long as is necessary to reach a conclusion

•   use or weigh that information as part of the decision-making process, or

•   communicate their decision by talking, using sign language or by any other means.

 How should someone lacking mental capacity be treated?

Given the potential impact of decisions being made on behalf of those who lack capacity to make specific decisions for themselves, the legal requirements under the 2005 Act are underpinned by the following five key principles:

•   An individual must be assumed to have capacity unless it is established otherwise

•   An individual must not be treated as unable to make a decision unless all practicable steps to help him or her to do so have been taken without success

•   An individual must not be treated as unable to make a decision merely because they’ve made an unwise decision

•   Any act done or decisions made on behalf of an individual who lacks capacity must be done in their best interests

•   Anyone taking any action or making any decisions on behalf of an individual who lacks capacity must first consider any options that are less restrictive of their rights and freedoms.

The purpose of these statutory principles is to balance a person's right to make their own decisions with their right to be protected from harm if they lack capacity. If, however, you have any concerns about decisions that have been made by healthcare professionals on behalf of a loved one, including the outcome of any mental capacity assessment or what is in that person’s best interests, you should seek expert legal advice immediately.

Should I replace an existing EPA with an LPA?

Should I replace an existing EPA with an LPA?

Being able to appoint a person to make important decisions on your behalf in the event of illness or accident can give you and your loved ones peace of mind for the future. For anyone who has already made provision for this in previous years, you may have in place what’s known as an Enduring Power of Attorney (EPA). However, the EPA preceded the Lasting Power of Attorney (LPA) that was introduced under the Mental Capacity Act 2005.

Below we look at the effectiveness and scope of EPAs and how these differ to LPAs, including whether you should now replace an existing EPA with an LPA.

What is an Enduring Power of Attorney?

Prior to 1st October 2007, when the 2005 Act came into force, an individual could use an EPA to appoint someone they trusted, typically a friend or relative, to be able to deal with their general property and financial affairs if needed. This could include giving that person the authority to make bank withdrawals, collect benefits or a pension, pay bills or even sell their home. However, following the introduction of the 2005 Act, LPAs have now replaced EPAs.

Still, even though the Enduring Power of Attorney has been gradually phased out, a properly executed EPA in the prescribed form that pre-dates the 2005 Act coming into force should still be valid — although it may not give you the same flexibility and benefits as an LPA.

How does an EPA differ to an LPA?

Both an EPA and LPA are legal documents that give another person or persons (the attorneys) the authority to make certain decisions on behalf of the appointing individual (the donor) in circumstances where the donor needs help or is no longer able to make their own decisions.

However, any existing EPA will only cover decisions about a person’s property and finances. As such, the most important distinction between an EPA and an LPA is that the LPA can also include the power for your appointed attorney(s) to make important decisions about your health and welfare. This can include things like your day-to-day care, where you should live and even life-sustaining treatment. In this way, the 2005 Act increased the range of decisions that people can authorise others to make on their behalf.

Should I replace my EPA with an LPA?

Provided any existing EPA has been properly drafted and met the legal requirements upon execution, this should still be valid. As with a Lasting Power of Attorney, a valid EPA allows an attorney to make decisions even if the donor lacks capacity to manage their own affairs.

An EPA can be used before someone loses their mental capacity with the donor’s permission. It can also be used after the donor has lost the ability to make their own decisions, as long as the EPA has been registered with the Office of the Public Guardian.

However, if you want someone to make decisions about your personal welfare in the event that you lose the ability to make your own medical and care decisions in the future, you will need to make an LPA whilst you still have the capacity to do so. You will also need to substitute any existing EPA with an LPA if you're looking to replace your appointed attorney(s), or an attorney is no longer able to act on your behalf.

By planning ahead, and by securing professional help to put in place the power for your attorney(s) to manage decisions about both your financial affairs and personal welfare, you can significantly lessen the emotional strain on your loved ones if the worst should happen.

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, express or implied, is given as to its’ accuracy, and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should always be sought.

The benefits of buying a new build

The benefits of buying a new build

Buying a new build not only means you will benefit from a brand new home to live in, it can also provide you with significant financial and practical benefits when compared with buying an older or resale residential property. Below we highlight some of the advantages of buying a newly-built home, whilst flagging up the potential pitfalls that might arise along the way.

The benefits of buying new

When buying a new build, you may be eligible for financial assistance in the form of a low cost loan through the Help to Buy: Equity Loan scheme. This is a government scheme designed to help over 18s in England buy a new property with just a small deposit. The new scheme will run until March 2023 and, as with the previous scheme, the government will lend homebuyers up to 20%, or 40% in London, of the cost of a newly-built home with a registered homebuilder.

The government has also recently launched the First Homes scheme for local first-time buyers and key workers earning less than £80,000 per year, or £90,000 in London, albeit lower if set by the local authority. The scheme is designed to help those providing essential services or with local connections to get on the property ladder by offering residential properties discounted by at least 30% compared to market prices. With properties already on sale in the East Midlands from June 2021, further designated sites are now set to launch across England. 

Even if you’re not eligible under one of these government schemes, very often developers will provide potential purchasers of a new build with attractive financial incentives, from paying any stamp duty or legal fees due to giving you the option to select certain design and decor aspects for your new home — typically including a warranty to protect you against any defects in respect of the entire build that may later come to light after you’ve moved in.

For existing homeowners, the developer may even offer a part-exchange on your current property. Even though you may get less than you would if you were to sell your house on the open market, by partly funding your new home with the proceeds of a part-exchange deal this can make the process far simpler and less stressful — not least because this will facilitate exchange and completion of both properties, removing the risk of your buyer pulling out.

The drawbacks of buying new

Although the advantages of buying a new build can be tempting, there are also several drawbacks. Unless you buy a new home that is already built, this runs the risk of running into complications during the construction phase – from unavoidable delays due to poor weather, to the developer being unable to complete the build at all down to a lack of funding. Further, with off-plan properties, where you’ve seen the show-home and chosen a replica property, this doesn’t guarantee that yours will be completed either on time or to the same standard.

In most cases, you will be given the option to pull out of your purchase prior to completion, where any warranty should cover your deposit. This means that you will not lose your deposit if a major problem comes to light either during or post-construction. You will also usually be given the opportunity to complete a snagging list for more minor issues. Still, waiting for your home to be completed can be a stressful time, especially if you’re in a chain where the buyer of your existing property needs to exchange and complete by a certain date.

All that said, many of the potential pitfalls arising from buying a new build can be safely navigated with the help and advice of a specialist conveyancer — from helping make sense of the developer’s terms and conditions to the protection afforded to you under any warranty.

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, express or implied, is given as to its’ accuracy, and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should always be sought.