LIFE TIMES - MARRYING FOR MONEY - Shakespeare Martineau
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AUTUMN 2 02 1
ISSUE 4
LIFE
TIMES
MARRYING FOR
MONEY...
“Predatory marriages” can leave a family
not only grieving the loss of a loved one
but feeling hurt and betrayed.
contents No fault divorce - A further delay
Arbitration | Resolving relationship 4
2
disputes out of court
Inheritance – A gift or a curse? 6
2
Forged or fraudulent Wills 8
Personal Injury Trusts protecting 10
what matters
Did he really love my mum? 12
No fault As the world gets back to
Join us at our series of wealth and family webinars 14 divorce a semblance of normality,
peoples personal lives
continue and if the past
Going for gold - Again! 15
20 months has shown us
anything it’ll be that we
Deputyship - What are they and do 16 shouldn’t take anything
10
I need one? for granted.
First Homes for first time buyers 20 Wealth planning is as important
as ever - getting the right advice
can ensure you are providing for
yourself and your family long
into the future and will give
Personal you peace of mind. And for the
things that really matter, like
Injury your family, our teams are on
hand to advise and support
Trusts you through whatever your
future holds.
In this edition of Life Times,
we discuss arbitration as a route
to successful negotiations,
predatory marriages, is
inheritance a gift or a curse
and forged and disputed wills
and much more.
6 20
For any further advice do
contact one of our expert team.
Victoria Tester
Managing Director
Life and Business
Inheritance First Homes
– A Gift or a for first time
Curse? buyers
1
LIFETIMES FAMILY
No fault divorce
- A further delay
Ministers have Being able to apply for a no-fault The Divorce, Dissolution and
announced that the divorce will spare couples the Separation Act receiving Royal
emotional stress and strain of Assent was a real breakthrough
Divorce, Dissolution and
finding blame for an unreasonable moment, with many hoping
Separation Act 2020 will behaviour petition or when they no-fault divorce would come
come into force on 6 April can’t, or don’t want to, wait two into play by early 2021 at the
2022, allowing married years to divorce on the grounds of latest. However, following delays,
separation or five years if they do the act will now come into force
couples to divorce without
not have the consent of the other on 6 April 2022. We understand
assigning blame or fault. spouse. the date of 6 April 2022 is to
allow time to become familiar
This follows the royal assent It should be noted that under the with the new process, and for any
of the Divorce, Dissolution and new law, the statutory timeframe necessary IT changes to be made
Separation Bill (commonly means that a divorce cannot be to HMCTS’s online divorce systems
referred to as the no-fault concluded in less than 26 weeks. so that the new process works as
divorce bill) on 25 June 2020. Although it is possible for this to intended and is fit for purpose.
The news that no-fault divorces be shorter under the current law,
are to become law will lead to a it is still unusual for it to be less It has been a long time coming,
sigh of relief for many. Although than four months, not including but it feels like we are nearly at
a long time coming, the latest the time taken to resolve financial the finish line. No-fault divorces
announcement does mean that claims. As a result, the overall will take a huge amount of anxiety
the UK is one large step closer timeframe of the new system will away from the process, benefitting
to ending unnecessary mud- be largely in line with the existing a significant number of people.
slinging and allowing couples to one. Plus, a fixed timeframe allows
divorce with dignity. parties to reflect on whether the
decision to end the marriage is the Guiding you
right one.
How will no-fault through the divorce
divorce work? process Some couples may wish to assigned some ‘fault’, it is an
What has caused delay proceedings until they agreed decision, intended to Katherine Marshall
The introduction of no-fault can progress on a no-fault basis. benefit them both if there are Partner
The announcement means that the delay? divorce is one of the most Others, who were expecting the financial issues to resolve. For more information contact:
couples will no longer have to
agree to be separated for two significant changes in family change in Autumn 2021, may feel If you’re about to start divorce
Following the tireless campaigning
years, or have proof of their law in the last 50 years. Ending that their issues have become proceedings, or currently going
of family lawyers, the government +44 (0)7973 794297
partner being at fault, in order to a marriage is a monumental more time critical. People in this through the separation process, katherine.marshall@shma.co.uk
has spent a significant amount
file for divorce. Only one person decision, and that won’t change. situation should seek advice then speak to one of our divorce
of time over the past few years
needs to desire the divorce, and It’s important to remember and consider proceeding on the lawyers. We’re here to guide you
trying to make the divorce process
their spouse will not be able to that the actions you take in the basis of ‘agreed’ particulars of through the maze of emotions
simpler.
refuse the application. early stages can set the tone for unreasonable behaviour. Whilst and legal responsibilities, every
everything that follows. that does still mean one party is step of the way.
2 3
LIFETIMES FAMILY
Arbitration | Resolving How and when
should I start
arbitration?
relationship disputes What are the
If you are about to commence a
divorce, make sure you speak to a
out of court advantages of specialist family lawyer about the
alternatives to court proceedings.
arbitration? There are a number of helpful out-
of-court ways to work together to
An alternative route
You choose your sort out your finances that could
to traditional forms save you a significant amount of
own judge time and money.
of financial remedy
proceedings Once you’ve appointed your
suitably qualified arbitrator (i.e.
Due to the current COVID-19 your judge), that same person will
pandemic, the family courts deal with your matter until the
are more stretched than they conclusion of your case, creating
ever were previously and it’s no continuity.
understatement to say that the
family justice system is at breaking
point. In light of this, it can take Degree of flexibility
parties’ years to resolve
their financial matters flowing You have more control and
from their divorce if they choose
to go down the traditional route
flexibility over the proceedings Guiding you
and the decisions being made, i.e.
of financial remedy proceedings. you can have a say in respect of through the process
However, there are other the time, date and venue for any
approaches. hearings within the arbitration Whichever route you decide
process. to take, our experienced family
Many people are completely lawyers will support you and
unaware about arbitration and equip you with the information
how it can be effectively used as and guidance you need to reach a
an alternative ‘out of court’ Confidentiality solution that works for you.
If your relationship has recently
Possibly one of the most favoured broken down, and you’re
benefits with arbitration is that finding it difficult to agree with
What is arbitration? confidentiality can be assured, your ex-partner regarding a
meaning national and regional
Arbitration is a form of formal press publications are unable to
Is arbitration financial settlement or childcare
arrangements, then arbitration
Many couples about to embark dispute resolution that has been report on your case. expensive? may allow you to reach a solution
available for family law issues
you’re both happy with, and more
on divorce and financial remedy since March 2012 (although many While many wealthy and/or famous
importantly, may save you costly
people still don’t know this exists). people choose to use arbitration
proceedings are blissfully unaware Keeping matters to resolve their financial matters,
court action.
that there are others forms of dispute During arbitration, the parties out of court it certainly isn’t exclusively for the
enter into an agreement under rich and famous. Many couples
resolution to help them resolve issues, which they appoint a suitably You can resolve issues in a non- have also turned to arbitration Caroline Elliott
Partner
qualified person (an arbitrator) confrontational way, that can save as they do not wish to have their
such as who is to keep the family home to adjudicate their dispute and you time and money. Therefore, life on hold for months (or even
make an award – essentially the many people tend to prefer the years!) whilst their financial remedy
or how pensions are to be divided. outcome of your case is decided arbitration process, as opposed to case makes its way through the +44 (0)7850 077098
by a neutral arbitrator as if they the timely, costly and significantly painstakingly slow family judicial caroline.elliot@shma.co.uk
were a judge in court. delayed financial court proceedin system, adding time and money.
4 5
LIFETIMES PRIVATE CLIENT
Inheritance – A gift
James Bond actor, Daniel
Craig, has publically
stated that he finds the
concept of inheritance
or a curse? “quite distasteful” and
will not be leaving his
£100 million fortune
to his children.
Baroness Karen Brady has told
her children “they will always
have a roof over their head and
food in the fridge but the rest is
up to them”.
Bill and Melinda Gates have
pledged the majority of their
wealth to charity.
Those with significant wealth
often worry that by passing it
directly to their children they
are gifting them something of a trusts, friends or family purchase, education or other
poisoned challis. members, or indeed a milestone events. The child can
combination of all of these. request an early distribution of
Who wouldn’t want many Trusts can take many forms – funds and if satisfied the reason
millions in assets and no terms a fully flexible discretionary trust is one their parents would have
or conditions on how to use it? or cascading life interests for endorsed, often trustees have
Sadly many wealthy families example. Leaving a gift in a trust powers to release assets to the
who pass their wealth down ensures levels of guidance and beneficiary early. However,
to the next generation without protection are in place but also if the reason is unsound or
structure leave their children opens up the opportunity for unsafe funds are retained until
vulnerable to external forces, significant tax planning for the the child is older and, one hopes,
corrupt influences by those with entire family. a little wiser.
their own agenda, and ultimately
temptation. Trusts can be created during Our private client team can
lifetime or through your will advise…
An outright gift of significant to take effect on your death.
value when in the hands of an Remember, leaving a gift to a
inexperienced beneficiary can
“
child by a will will pass to them Lesley Davis
lead to the very worst outcome, when they are just 18 years of Partner
wealth lost and a child in rehab age if you do not specify a later
They will always have a roof or worse. age. Well drafted wills with the
appropriate trust provisions
over their head and food in
+44 (0)7900 056739
By leaving that wealth in trust included can give much needed lesley.davies@shma.co.uk
for the children with a full letter peace of mind to a parent
of wishes and experienced
the fridge but the rest is up trustees at the helm, the parents
can see a future plan and the
wanting to provide for their
children. A letter of wishes can
outline when the trustees should
to them” child has the support they need.
Trustees can be professionals
consider appointing wealth out
to a child to assist in property
well versed in the role of family
6 7
LIFETIMES PRIVATE CLIENT
Forged or
Summary Are the provisions of the
Will significantly different
If it can be proved that a Will is from those in the Deceased’s
a forgery or fraudulent then the previous Will if there was such a
estate of the Deceased person Will?
fraudulent
will therefore pass via their last Was the Will professionally
valid Will of if there is no valid Will made?
according to the rules governing
an intestacy. Did the Deceased make no or
little provision for a child or
If you believe that a Will could
Wills
spouse when this would have
be forged or fraudulent then the been expected?
following are a few points you
should consider: If the witnesses were not
employees of a professional
Does the Will benefit non family entity, did the deceased know
members and if so was this out the witnesses?
of character for the Deceased?
Was the Will made close to the
Deceased’s death?
An allegation of forgery In order to successfully pursue Fraudulent One of the most extreme
is extremely serious and an allegation that a signature examples of fraud would be
on a Will has been forged it Wills where an individual makes a
distressing and compelling
is usually essential to obtain Will pretending to be someone
evidence will be needed to expert handwriting evidence The most common example of
else. Clearly in that situation the
satisfy a court that a will is which supports the allegation. fraud when it comes to Wills is
signature on the Will is likely to
The handwriting expert will look when an individual’s last Will
a forgery. be a forgery.
at various known examples of has either been destroyed or
the Deceased’s handwriting hidden and another Will has been
A Will could also be fraudulent
The most common and compare these to the put forward in its place. In this
in a situation where they had
allegation is that the handwriting on the Will. They situation the Will put forward as
made provision in a Will for a
may also be able to use chemical the last Will is often an earlier
signature on a Will is a beneficiary but only on the basis
and other forms of testing on Will which benefits the individual
forgery and therefore of another individual making
the apparent forged handwriting propounding it far more than the
misrepresentations to them.
the Will does not comply to reach a decision on whether it earlier Will.
with the statutory is likely to be forged. It is difficult to successfully
A Will may also have destroyed
requirements for it to be challenge a Will on the basis that
If it appears that a signature may or supressed to ensure that the
signed by the individual it was fraudulent as the evidence
have been forged then this raises Deceased’s estate passes to their
to support such a challenge can
named in the Will or surviving family in accordance For more information contact:
concerns as to whether the be extremely difficult to obtain.
by someone at their witnesses to that signature were with the intestacy rules and not to
“
direction. also involved with the forgery. a friend or charity whom a family
Forgery of a Will has criminal member believes should not Alistair Spencer
implications and there have benefit.
One of the most extreme Associate
been a number of cases
where individuals have been examples of fraud would be
successfully prosecuted and
imprisoned for forging Wills.
where an individual makes +44 (0)7711 900175
alistair.spencer@shma.co.uk
a Will pretending to be
someone else. ”
8 9
LIFETIMES PRIVATE CLIENT
Personal Injury What are the Who should be my
members. It will ensure that
the compensation is not spent
other advantages very rapidly, leaving you short of Trustees?
of setting up a financial support in the longer
Trusts protecting Personal Injury
Trust?
term.
You may not be used to managing
The choice of trustees will be
very important as they will be
responsible for looking after and
what matters
a substantial sum of money. By investing the award once it is
Even if you do not currently setting up a trust the complexities placed into trust. You should have
receive means-tested benefits, that come with having to deal with at least two trustees and they will
setting up a personal injury trust more money, such as managing need to be over the age of 18.
when you receive your award investments, and completing tax They must be people who
can prevent loss of any future returns can all be dealt with by you trust, are sensible and will
benefits you may claim if your your trustees, removing the stress act fairly.
What is a Personal circumstances change. from you.
Injury Trust? It is possible to appoint a
A personal injury trust can also be ‘professional trustee’ who will
A personal injury trust is a trust used to protect your award from have an advantage of being
that has been set up using an being taken into account for the
When should I set experienced in managing trusts,
award of compensation. You can cost of current or future long-term up a Personal Injury understand the legal roles and
responsibilities of being a trustee
create a personal injury trust care. Placing your compensation Trust? and be independent.
by asking other individuals or a award into a personal injury
company to hold assets on your trust will enable the capital In order to avoid any loss of
behalf – these people will be to be disregarded when your If you don’t know anyone to
benefits, a personal injury
known as your ‘trustees’. contribution to care costs are appoint, we also offer a trustee
trust should be set up before
It is important to ensure the considered. service.
you receive your award of
correct type of trust is used. compensation. However, a
This will depend on your needs, Placing your award into trust will personal injury trust can be
family circumstances and the have the advantage of protecting set up at any time using your What happens to
possible involvement of the the award for your needs alone
court. For further information on and prevent its use by other family
compensation award. There is a the Trust if I die?
period of 52 weeks, from the date
Personal Injury Trusts, contact you receive your award, in which How the trust is dealt with on
Sarah Brack. your compensation will be treated your death will be determined by
as disregarded capital but this the type of trust that has been
period is subject to special rules set up. The most common type
How can a Personal and we do not recommend that of trust that is used for personal
you rely on it.
Injury Trust protect injury awards is a ‘bare trust’. With
this type of trust the assets of the
my entitlement to trust fund would be distributed in
benefits? accordance with the terms of
your Will.
If you are in receipt of means-
tested benefits, the capital value For further information on
of any award you receive will Personal Injury Trusts, contact
be taken into account when Sarah Brack.
calculating your entitlement to
those benefits. However, if you
set up a personal injury trust with Sarah Brack
your compensation award that Legal Director
capital is disregarded and will
not affect your entitlement to
means-tested benefits.
+44 (0)7976 414404
sarah.brack@shma.co.uk
10 11
LIFETIMES PRIVATE CLIENT
Did he really
No one begrudges A case in question Under recent legislation
their parent finding governing “forced marriages”,
Joan Blass was 91 with severe this would be set aside but with
companionship and
dementia and terminal cancer. court fees exceeding £200,000,
love later in life. We Joan’s family was no further
After her death in March 2016 it
want those we love to was found that a much younger forward. Such new legislation,
love my mum?
be happy, but what if man of 68 years had secretly it seems, does not have clear
married her five months before parameters which can be
that companionship and
her death. enforced.
apparent love is simply
a form of grooming? Her male friend had moved in
There have been a spate of
with her after only a month, What should
having met her over the garden
incidences in recent years wall. The family were concerned
happen?
“
where it seems an older relative, about him and contacted
possibly suffering with dementia, Separate interviews before
Joan’s GP, Social Services
has died and only then has it any marriage, conducted by
so called “predatory marriages” come to light that before their
and the police at the time the
trained staff, must be rigorously
relationship began, and all said
can leave a family not only death they married and left their that with her severe dementia,
pursued. Wills must be drawn
only after full capacity tests
entire estate to someone barely Joan would not be able to marry
grieving the loss of a loved one known to the family. or write a new will.
are completed by experienced
practitioners and couples seen
but feeling hurt and betrayed.” These so called “predatory separately where even the
Following Joan’s death, her
marriages” can leave a family slightest concern as to their
“male friend” produced a
not only grieving the loss of a understanding and capacity
marriage certificate to evidence
loved one but feeling hurt and is felt.
the marriage no one had been
betrayed. told about and that she, herself,
Joan’s “husband” has now gone
had never mentioned to her
An existing will perhaps splitting on to marry another elderly lady!
closest family.
assets equally amongst surviving The “Marriage and Civil
children is automatically revoked Partnership Consent Bill” was
Understandably, the family
by marriage and the new will passed unanimously in March
contacted the Register Office
benefiting a new spouse takes 2021 but as is often the case
only to be told however, “she
precedent. with Private Members the bill ran
was fine on the day, total
out of parliamentary time.
compos mentis”.
Questions around capacity to
marry and indeed to understand Talk to your family, safeguard
Registrars, do not have training
the effect of the new will are your older relatives and always
in assessing mental capacity or
often brushed aside. The police be wary of that chat over the
dementia. The two witnesses
are powerless to assist as, unless garden wall that becomes
present were the son of the male
coercive control can be proved, something more. If you have
friend (now it transpires the
the gift of the entire estate to a suspicions, pursue those and
husband) and his friend from the
spouse is not theft. ensure that your older relatives’
pub quiz team.
wishes are carried out.
Clearly, reformation of our Joan’s family was left living
marriage laws is now essential. Please contact:
with this interloper next door
to them, taking the place of
their beloved mother whom Verity Kirby
they had seen every day. Legal Director
Despite a registered Lasting
Power of Attorney in favour of
Joan’s daughter and the GP’s +44 (0)7802 876003
assessment alongside it saying verity.kirby@shma.co.uk
that she was without capacity,
the marriage was allowed to
12 proceed. 13
LIFETIMES FIRM LIFETIMES FIRM
Join us at our series Going for gold -
of wealth and family
Again!
webinars Our latest family webinar We’re delighted that our teams have been
series is now available
Our specialist team of family lawyers and will cover: recognised for their fantastic contribution to the
is here to support you through a world of family and private client law over the
variety of family law issues including
past 12 months, which has been a challenging
divorce and separation, financial
and child arrangements,
When two time for everyone professionally and personally.
cohabitation agreements,
prenuptial agreements and families become one We’ve been shortlisted for
civil partnerships. A practical guide on Probate Provider of the
estate protection, wills and Year at the National Wills
guardianship appointments. and Probate Awards.
Join us to find out more.
Monday 11 October 2021
9.30am
30 mins long
Avoiding
AND
messy split ups Register now
A guide to co-habitation For the third time we have been
agreements for couples planning or shortlisted for Family Law Firm
of the Year at the Family Law
currently living together. Join us to
Awards. We currently hold this
take a look at the options available.
title so to be shortlisted again is
Monday 18 October 2021 wonderful recognition.
9.30am
Keeping our fingers crossed for
30 mins long the finals later this year.
Register now
14 15
LIFETIMES PRIVATE CLIENT
Deputyship –
What is a What is the must be over the age of 18.
When making the application
deputyship order? difference between to be appointed as a deputy,
a deputyship order any criminal convictions or
A deputyship order can be issued bankruptcy or insolvency issues
and a lasting power
what are they
if a person lacks sufficient mental must be declared to the Court of
capacity to manage their own of attorney? Protection, and this could lead to
health, welfare, financial or affairs. the court refusing the application.
Ultimately the Court of Protection
decides if someone lacks mental Where no one is willing to make
There are two types capacity, after considering the
and do I need
an application, or there is no one
medical and other evidence suitable to act as a deputy for the
of deputyship: submitted as part of the client who lacks mental capacity,
application for the appointment then a professional deputy can be
Property and financial of a deputy. The solicitor appointed by the court.
affairs deputyship dealing with the application will
one?
obtain medical evidence from a If the assets of the client are
Personal welfare suitably qualified mental health substantial in value, or are
deputyship professional. complex, then it may be necessary
for a professional deputy to be
A property and financial affairs
appointed.
deputyship is the most common.
The Court of Protection may Who can apply to
It is possible for more than one
appoint a deputy to manage the be a deputy? deputy to be appointed. This can
client’s financial affairs on their
be either:
behalf. The deputy can make A deputyship order and a lasting
financial decisions for the client, power of attorney both allow an Together (‘joint deputyship’),
but must always do so in the appointed person, or persons, which means all the deputies
client’s best interests. to make decisions on behalf have to agree on the decision;
of someone who lacks mental or
It is unusual for the court to capacity.
appoint a personal welfare deputy Separately or together (‘jointly
– instead it is more common for However, the main difference is and severally’), which means
the court to make issue-specific that a lasting power of attorney deputies can make decisions
orders authorising another person is made by the client before they on their own or with other
to make individual decisions on lose their mental capacity, so deputies.
behalf of the client. they’re able to decide and appoint
their own attorney(s). Read more Acting as a deputy can be onerous
about powers of attorney. and time-consuming, therefore it’s
important to understand the role
Why set up a and the duties of being a deputy.
If that individual did not make a
deputyship? lasting power of attorney before
they lost their mental capacity,
A financial deputyship will be then an application can be made
needed if someone lacks sufficient by someone else to become their
mental capacity to manage their deputy and manage the client’s
own financial affairs, has assets affairs on their behalf.
that need to be administered, or
financial decisions that need to
be made - and has not previously
executed a valid power of The role of the
attorney. deputy
In most cases, a spouse, partner or
close family member will apply to
become the deputy, although they
16 17LIFETIMES PRIVATE CLIENT
Deputyship – what
are they and do I
need one?
What are the duties Every year, the financial deputy demonstrate that the client lacks take out an indemnity bond with information about the client’s application papers and liaising
has to provide an annual report sufficient mental capacity to make a bank or insurance company, personal financial, and other, with the Court of Protection
of a deputy? to the court. This gives the court that decision. A financial deputy on the basis of a financial level circumstances. It also involves regarding your application.
information on decisions that the has a duty to keep accounts and determined by the Court (in notifying certain people about the
1. Property and deputy has made on the client’s to keep the client’s money and case of any financial loss being application. We often engage with newly
behalf, and also provides full property entirely separate from sustained by the client as a appointed deputies to assist
financial affairs financial accounts for the court their own finances. result of the deputy’s actions or and support them with their
to approve. Where the deputy omissions). This will need to be responsibilities, and continue to
A property and financial deputy
is a professional person, details The deputy can only make
How much does a
renewed annually by the deputy. do this for many years, building
looks after the client’s financial
of the fees charged during the decisions if authorised by the deputyship order strong relationships with them
affairs, including paying bills and
operating bank accounts, making
deputyship year and a best deputyship order, and must have cost? and the person in their care.
estimate of the fees to be charged regard to all relevant guidance in
and changing investments and
for the year ahead will also be the Office of the Public Guardian’s
How long does it
An application fee of £365 is If required, we also have
making financial decisions on
included. Code of Practice. The Code take to appoint a payable to the Court of Protection appropriately skilled, experienced
behalf of the client - but always in
the client’s best interests.
of Practice provides guidance deputy? at the time that the application is and qualified experts who can
information on the Mental submitted. act as a professional deputy,
2. Personal welfare Capacity Act and how it works in Once the application has been for example, if there is no other
This type of deputy can do most
practice. sent to the court, it usually takes Other fees payable include an appropriate person to act in this
of the things the client can do,
The role of a welfare deputy will at least three months for someone annual supervision fee, which is capacity, if the value of the assets
such as sell the client’s house
depend on the authority that the to be appointed as a deputy. payable to the Office of the Public are substantial or the affairs and
if authorised in the court order
(or otherwise with the court’s court has given to the deputy. Are deputies There can be delays prior to Guardian. The fee is calculated property are complex, or where a
For example, there could be an sending in the application to the by reference to the level of lay deputy being appointed would
permission) on the client’s behalf. supervised? court, as obtaining suitable and supervision required and the level not be appropriate (such as if
order in place allowing the deputy
to give consent to certain specific appropriate medical evidence can of the client’s income. there is a family rift or dispute).
A deputy cannot: The Office of the Public Guardian
medical treatment, or to decide sometimes take a long time to
Make a will or change the assesses the suitability of each To take that first step in the
where the client lives. obtain, depending on the medical
client’s existing will deputy to act on an ongoing basis, process of becoming a deputy,
or suitably-qualified mental health Helping you to
and applies an appropriate level speak to a member of our private
practitioner involved.
Make substantial gifts on the of supervision to each deputy. set up support for client team.
client’s behalf (unless a specific Who decides if There are four levels, ranging from
years to come
court order authorises this); close supervision to a light touch
someone lacks How to apply to be
supervision. Read more about
Hold any money or property in mental capacity? supervision and support. a deputy? We appreciate it can be difficult Matt Parr
their own name on the client’s when someone you know loses Legal Director
Before being appointed, a
behalf. The Mental Capacity Act 2005 the ability to make considered
financial deputy will need to To apply to become a deputy, an
sets out a deputy’s duties. Read decisions for themselves.
Any major decisions, unless duly application must be submitted to
more about the responsibilities of
authorised in the court order, need the Court of Protection. The Court +44 (0)7976 412698
a deputy on the gov.uk website. Should you wish to manage matt.parr@shma.co.uk
the court’s specific permission. of Protection then assesses the
Essentially, the deputy must someone’s affairs on their behalf,
suitability of each deputy to act
ensure that he or she acts in the our team will advise you of your
A property and financial deputy from the information provided on
best interests of the person who options and guide you through
must keep a record of all the application form.
lacks mental capacity, in the the process of applying to be
payments and keep copies of case of each decision made, and appointed as a deputy, including
receipts for all payments. The application process involves
preparing the deputyship
supplying a lot of detailed
18 19LIFETIMES CONVEYANCING
First Homes for first time buyers
How to access the
First Homes scheme
Prospective purchasers should
keep an eye out for new-build
developments nearby and find out
if the developer will be offering
any homes under the First Homes
scheme.
The scheme has only been in
existence since June 2021 so it is
anticipated that properties under
the First Homes scheme will start
to become available in Spring
2022.
Once you have found a house to
buy contact our conveyancing
team and take advantage of our
new First Time Buyers offer.
The First Homes scheme What is the First The scheme’s objective is to
was launched in England provide affordable homes for local
Homes scheme? people, key workers and first-time
in June 2021 and is
buyers. The cons of the
the latest government The First Homes scheme enables
programme aimed at first-time buyers to buy a property In order to be eligible to buy First Homes
helping first-time buyers
with a discount of at least 30%. a property under the scheme, scheme
on to the property ladder.
buyers must: The pros of the
Theoretically this should mean This scheme is only available
buyers require smaller deposits,
Be a first-time buyer – meaning First Homes on new build properties
buyers have never owned any
How does it work and which as first time buyers know
property before, even a part
scheme
only too well is one of the biggest New builds can command a
who can benefit ? share
obstacles they face when looking It allows people to purchase premium, so it may be that
to buy their first home – and If buying with someone else, a new home with a discount buyers end up spending
smaller mortgages (having been both parties must meet the of at least 30% more on a house than they
discounted) making them more criteria for first time buyers would if a larger deposit
attractive to lenders. Purchasers will need a could be saved
There is an income cap of smaller deposit
no more than £80,000 per
When the property is sold,
household and £90,000 in It is possible this will mean a
How does the London smaller mortgage
the same discount needs
to be applied and it can
government’s First only to be sold to a buyer
Any mortgage taken out must
Homes scheme cover at least 50% of the
It may make it possible for who meets the First Homes
people to stay within their
work? purchase price of the property
local area rather than having
criteria
Tom Ansell
The property being bought to move to somewhere with It is very likely that Partner
Properties for sale under the First
must be a main residence and cheaper house prices. competition for these homes
Homes scheme are new-build
not a buy-to-let property. will be very high.
and must be offered to first-time
First Homes properties are
buyers only with at least a 30% +44 (0)7812 508842
also subject to price caps, with
discount off their valuation. Some tom.ansell@shma.co.uk
properties outside of London
regions may offer larger discounts
limited to a purchase price of
depending on regional housing
no more than £250,000 after
needs.
20 the discount has been applied. 21Working with organisations of all sizes, the
firm delivers a broad range of specialist legal
services and has particular expertise across
areas including but not limited to: energy,
education, banking & finance, healthcare,
investment funds, manufacturing, agriculture,
family business, Islamic finance, later living,
social housing and real estate. Shakespeare
Martineau also provides services for families
and private clients
The firm’s purpose is clear;
to unlock potential, and its ambitions
are unlimited; aiming to become
one of the most admired top 30 law
firms by 2025.
Shakespeare Martineau has been
listed in Best Companies 2021 for top
20 law firms, top 100 Midlands and
top 75 large London businesses.
@SHMALaw
Shakespeare Martineau
With more than 900 people, Shakespeare Martineau
has offices in Lincoln, Nottingham, Leicester, 03300 240 333
Sheffield, Birmingham, Stratford-upon-Avon, Solihull,
London, Milton Keynes and Glasgow. www.shma.co.ukYou can also read
