A Private Word Autumn 2010

A PRIVATE WORD - Autumn 2010
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A PRIVATE WORD - Autumn 2010
In this issue:
New Partner Arrives at AL&H
AL&H to open office in Chichester on 1st November
Make Sure Your Builder is Insured
Business Losses Mean Divorce Settlement to be Reconsidered
French Law - No Trust Means No Benefits
Codicil Leads to Court Appearance
Site of the Month
Quote of the Month

Welcome to the autumn edition of A PRIVATE WORD, keeping you and your family up to date courtesy of a quarterly round up of news from the legal world and topical, useful advice.

In this Newsletter, I am delighted to announce the opening of a new office in Chichester happening on 1st November, and the arrival of a new Partner, Edward Cooke, who will be leading our Matrimonial & Family Department. For more information, please see the first two articles below.

Worry over Wills?
A recent TV documentary that focused on the issue of will writing has left many people confused and dubious as to the legitimacy of their will. The Panorama programme “Wills - The final RIP off?” highlighted how some unscrupulous – and unregulated – will writers are acting in anyone but the clients’ best interests. The difference between a will writer and a solicitor is important to understand. Our will writing specialists – all qualified solicitors - can help you if you have any queries about your will or wish to make one. Don’t take chances in protecting your family’s future.

As usual we have a number of interesting and relevant stories from the law world this month, some outlined below and the rest on our website. The pitfalls of owning a property abroad are highlighted alongside a renewed call for homeowners to check the insurance status of any builder that performs work on their home. It could save you a lot of time, money and worry.

Make sure you regularly check our website for up to date news and developments throughout the month.

Enjoy the run up to Christmas!

Regards,

Andrew Brooke - Senior Partner

Edward Cooke has joined AL&H as head of the firm’s Family Law department and will be responsible for directing the firm’s family law service across the firm’s three existing offices in Petworth, Billingshurst and Storrington. Edward is an experienced family lawyer and is accredited by Resolution as a Specialist Family Lawyer with particular expertise in resolving financial disputes and children matters. He was also among the first lawyers in the area to be trained as a Collaborative Lawyer by Resolution, the nationwide body of family lawyers committed to resolving family matters in a conciliatory and non-confrontational manner.

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The new office is at 38 Southgate, Chichester, conveniently situated near to the city’s railway and bus stations, nearby carparks and the Chichester Combined Court Centre. The office will offer the same range of legal services as the firm’s existing offices, to include residential and commercial property, divorce and family law and wills and probate work. The new Chichester office will concentrate in particular on the provision of a specialist family law service, under the direction of Edward Cooke. Edward has recently joined AL&H as a Partner and Head of our Family Law Department and is responsible for managing the firm’s family law service both in Chichester and all the existing offices.

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ScaffoldingThe importance of making sure that builders who work on a property are appropriately insured has been highlighted by a recent case in which a labourer was injured whilst working for an uninsured builder. The labourer sued the homeowner as she refused him permission to use an upstairs window to gain access to carry out the work, meaning he had to use a ladder instead, which he fell from. The court ruled that the house owner was not liable for the man’s injuries. Although victorious, the homeowner had to go through a lengthy court process which would not have happened had the builder had his own insurance. Make sure you check the insurance status of any tradesmen working on your home. More on this story can be found on our website.

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Out of pocketA property tycoon has been granted permission by the courts to have the lump sum payment ordered to be paid to his ex-wife reconsidered after he lost a large amount of his wealth. He was ordered to pay his former wife a sum of £600,000 but this figure will now be dropped after his business went drastically downhill in the months following the ruling. If your circumstances have changed significantly following a divorce, it is sometimes possible to obtain the court’s permission for the original financial settlement to be revisited. Read the article in full on our website.

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Holiday HomeMany Brits own properties abroad, but a recent case has shown one of the many unforeseen problems that often arise. A man, who was in receipt of social security payments from the UK government, claimed that he owned a French property in trust for a woman who had paid for it and for its renovation. However, the law in France does not recognise the concept of an implied trust, so under French law the man was the legal owner of the property. The UK social security officer was therefore entitled to regard the property as owned beneficially by the man for the purposes of assessing his entitlement to benefits. There are many pitfalls in owning a property abroad. We can advise and help you avoid such problems. Read this story in its entirety on our website.

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WillA recent case has illustrated the dangers of making changes to your Will without seeking professional advice. A woman and her second husband had made mirror Wills leaving their house to their own children and dividing the rest of their estate between their children and stepchildren equally. However the wife added a codicil to her Will saying that if she predeceased her second husband, that money ‘should be divided equally between my grandchildren’. A court appearance was necessary to understand the codicil as it was not tightly worded enough, and once again proved that professional advice should always be sought when considering changing a Will. Speak to one of our Will experts today for advice and read the full story on our website.

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GEO Caching LogoHere's a great way to get out of the house and do some exercise! Geocaching is a high-tech treasure hunting game played throughout the world by adventure seekers equipped with GPS devices. The basic idea is to locate hidden containers, called geocaches, outdoors and then share your experiences online.

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As September is "Back to School" month, here's something in that vein :-

"I have never let my schooling interfere with my education."
Mark Twain

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