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Welcome Richard McCulloch
Richard has recently joined the Tunbridge Wells office in November 2023. Richard is a brilliant addition to the Dispute Resolution department and Buss Murton. Before his transition to a career in Law, Richard has worked in marketing, business development and education management. He then completed his Graduate Diploma in Law in January 2023. In his […]Read More >
New Year’s Resolutions
As we come to the end of 2023, many take the opportunity to reflect on the past year and look at setting resolutions for the new year. A brief history lesson Setting resolutions in a new year dates back to Babylonian times (around 4000 years ago) where promises would be made to repay debts. Years […]Read More >
Auctions, cheap as chips?
These days, selling and purchasing a property can feel like a challenging process and in some cases, vendors and purchasers look at other ways in which they can achieves their desired transactions. A method which has never been more popular than now is via auction. Auctions are a popular method in which to purchase a […]Read More >
Residential Property FAQs
I am thinking of buying a retirement property. Are there any differences between these and other freehold or leasehold properties? Retirement properties often have the benefit of a manager on hand for any emergencies. There is also a social element for those persons who would like more social interaction, usually with various events and activities […]Read More >
The importance of updating your Will
Your Will is one of the most important legal documents that you will create during your lifetime. However, it is a common oversight to not review and update your Will consistently, whether this be by an entirely new Will or a Codicil. It is important that you update your Will as certain changes occur in […]Read More >
Welcome Katie Thompson
Katie joined Buss Murton in the Tunbridge Wells office in September 2023 as a trainee solicitor. Her first seat will be within the Employment and Dispute Resolution department. Graduating from Bournemouth University with a first class degree, Katie subsequently attended the University of Law where she completed the Legal Practice Course. Katie also obtained a […]Read More >
Pensions on Divorce
With the economy as it is and rising costs generally, understandably, more and more couples are choosing to sort things out between themselves when they separate, rather than taking legal advice. However, although the divorce process itself is now much simpler than it used to be, meaning that couples can usually deal with it without […]Read More >
Welcome Sohret Haffenden
Sohret recently joined the Tunbridge Wells office in mid September 2023 and is a great addition to the Private Client department and the firm. Whilst not at work, Sohret spends time with her husband and children and loves to be outdoors. Welcome to Buss Murton Sohret!Read More >
I have been notified that I am an Executor under the Will of a relative or friend, who has recently passed away. What do I do?
An Executor is a person named in the Will of the deceased who is responsible for carrying out the deceased’s instructions, administering the estate properly and ultimately ensuring that the estate is divided in accordance with the Will’s provisions. Being an Executor is an onerous task in light of the duties and responsibilities afforded to […]Read More >
A Tale of Two Deeds of Variations – Part 2
Last time in my previous article, I demonstrated how a variation could be used, whether in an intestacy situation, or, with a pre-existing will, to ensure that the person inheriting had use of the assets for the remainder of their lifetime, but without the inheritance tax implications on their death of those being in their […]Read More >
A Tale of Two Deeds of Variations
Suffering the death of a family member or any other loved one is a difficult time which can be made even worse if there is no Will or ‘an inappropriate Will’ which does not fit changed circumstance. I use the term ‘an Inappropriate Will’ as an umbrella term to cover circumstances were the Will has […]Read More >
When might a trust be useful?
HMRC reported a staggering 198,000 trusts have been registered with their Trust Registration Service as at 31 March 2022. This figure does not take into account trusts yet to be registered or which do not need to be due to HMRC’s requirements. Trusts are given a bad name because of their often-complex nature and the […]Read More >
What are the cost changes to civil litigation from October 2023?
The fixed recoverable costs regime is due to extend to most civil cases from 1 October 2023. This is following the recommendations from Sir Rupert Jackson in 2017 and a Ministry of Justice consultation on the report in 2019. Currently, fixed costs only apply in a limited amount of scenarios, however this is to be […]Read More >
Changes to intestacy rules
On Fifth of July 2023, the Administration of Estates Act 1925 (fixed net sum) Order 2023 became law and is applicable. Previously, if a person passed away without a Will in place or valid Will in place leaving a spouse or civil partner together with children who survived them, then that widowed spouse or civil […]Read More >
Residential Property FAQs
Are you looking to buy or sell your first property? Do you have some questions about the conveyancing procedure? Our legal experts answer your most frequently asked questions… Do I need to sort out any paperwork when selling my property? As the seller’s solicitor, we will apply for a copy of the title for […]Read More >
What can possibly go wrong with a standard life insurance policy, and what can be done about it?
Perhaps the first generation of people who engaged with financial advisors, ‘en masse’, are now starting to reach the end of their lives, and either pass away or lose mental capacity. Frequently, whole of life insurance policies, often put into trust many decades ago are coming back into view as a result of those changes. […]Read More >
The Probate Procedure Explained…
Have you been named as executor in a Will and you’re not sure where to begin? Or would you just like some clarity on the probate procedure? Our Lucy Head has answered some commonly asked questions below… Do I need a Grant of Probate or Letters of Administration? When someone dies with a will, a […]Read More >
Gifting out of excess income to save on Inheritance Tax – are you making the most of your financial position?
Due to the freeze on inheritance tax thresholds announced by Chancellor Jeremy Hunt announced in the Autumn Statement 2022, a record number of estates are now liable to paying tax, which is charged at the rate of 40% on the sum above any available allowances. As reported in my earlier article when the Autumn Statement […]Read More >
Cohabitation and Later Life Planning
The number of couples opting to live with one another without entering into a marriage or civil partnership is on the rise. Unfortunately, there are many couples who are unaware of their legal rights as they are under the impression, they have the fallback of being a ‘common law wife/husband’. This is a myth. Currently, […]Read More >
Digital LPAs and why, for now, we are not using them
There was a recent piece on the Radio 4 program ‘Money Box’ about the difficulties many have encountered trying to use the digital certificate given at the end of the digitally drafted ‘Lasting Powers of Attorney form creation process’, presumably for Property and Finance, with various banks and other financial institutions. It is probably fair […]Read More >
Technology and Domestic Violence
You may be aware that domestic abuse comes in many different forms and whilst this may manifest as threatened or actual violence whether physical or sexual, there are many other patterns of behaviour that constitute abuse including coercive and economic control, and psychological abuse. The Government has defined domestic abuse as “any incident of controlling, […]Read More >
Illustration of ‘unexpected Capital Gains Tax issues’ arising…
Once, a divorced mother made a Will leaving her estate to her children. The house was her main asset. She died some years back and her Will was probated. The house was registered in the names of the adult children at the Land Registry. One of them moved in, with the other’s agreement. Years later, […]Read More >
Day in the Life of a Trainee Solicitor at Buss Murton
My name is Amy and I am a trainee solicitor at Buss Murton. I have been at the firm for four months. I am approaching the end of my first seat which is in company/commercial and commercial property. I have two supervisors, Alex who does company/commercial, and Dal, who does commercial property. No two days […]Read More >
Does my Divorce give me a financial clean break?
It’s a commonly held misconception that the divorce resolves all issues between the parties. However, this is not the case. Please note that the new terminology of the Court which refers to the Final Order of Divorce (which used to be called the Decree Absolute) is not also a Final Order in relation to the […]Read More >
The LPA amendment Bill – what it means for you and yours
The Bill to reform the law on making lasting powers of attorney (LPAs) in England and Wales has been published and received its second reading in parliament on 9 December 2022. LPAs are a specific type of power of attorney with a wider scope than ordinary Powers of Attorney. LPAs allow someone to appoint another […]Read More >
To gift or not to gift? The impact of the Autumn Statement on Inheritance Tax
Today’s Autumn Statement saw Chancellor of the Exchequer, Jeremy Hunt, announce what had been predicted by many – an extension to the freeze on the Inheritance Tax Nil Rate Band allowance – amongst other financial measures. The Nil Rate Band allowance has been fixed at its current level of £325,000 per individual since 2009 and […]Read More >
Life assurance policies and investments written in trust – what happens next?
Many people will only come across trusts when they are being discussed in the same breath as life insurance policies, whether those are true protection products or investments structured as a life assurance policy, in the context of the investment/life assurance being ‘written in trust’. These days it’s very simple for such financial products to […]Read More >
The effects not having an appropriate Will can have on your adult children
The court system over the years has had many cases and the latest is those is Miles -v- Shearer from 2021; a case by adult children. Cases by adult children are said to be difficult, although not impossible with the appropriate evidence, particularly where such adult children are able-bodied and capable of providing for themselves […]Read More >
Making a Will where you know there’s trouble ahead
This article is not intended as information/a guide as to how to bring and/or defend an action under the Inheritance Provision for Family & Dependants Act 1975 (’IPFDA’75). What it is, however, is some thoughts on how to give instructions for the drafting of a Will by a professional, and indeed the importance of having […]Read More >
Digital assets in later life planning
Technology is increasingly playing a major role in our lives and this trend will no doubt continue. In order to keep up with technology, we must develop our knowledge and understand the impact it has on us and our families, especially post-death when we and our loved ones are most vulnerable. When undergoing the task […]Read More >
No-fault Divorce – what we now know
In March 2022 we wrote an article about the introduction of the new ‘no-fault’ divorce process, set to come into force on 6th April 2022. Prior to its introduction it was not entirely clear how the new process would work in practice and what issues might arise as a result of this change. However, four […]Read More >
What is the difference between a life interest entitlement, under a Will, and a right to reside entitlement, under a Will and why does this matter and where may each solution be better than the other?
It has frequently been the case, stretching back to the Victorian era and previously, that an individual looking to make a Will (hereafter called ‘the Testator’) which makes provision for their surviving spouse or a person occupying a similar position on the one hand and others, (who may be younger and children of the Testator […]Read More >
Nil Rate Band Allowance – Part 3
However, there is a nasty surprise when it comes to ascertaining how far over the value ceiling you, as a couple, or as the survivor of a couple, may well be. Let us say you have a property and investments and cash worth £1,999,999, and BPR assets worth say £350,001, whether those are: BPR […]Read More >
Nil Rate Band Allowance – Part 2
For a married/ civil partnership couple with children/ step children etc. and assets of £1,000,000, on the survivor’s death, no inheritance tax will be payable, because the value of the combined Nil Rate Band Allowances ( a double one in this instance) (‘NRB’) together with a double pair of Residential Nil Rate Band Allowances […]Read More >
Nil Rate Band Allowance – Part 1
This article builds on articles that this firm published some five years ago. All of us have what is called a nil rate band allowance which is currently set at £325,000. That can either be used on death as an allowance threshold of assets that can pass free of inheritance tax to non-exempt beneficiaries, […]Read More >
Review Your Will
Many people appreciate the importance of having a Will in place. The absence of one, or one that has not been correctly executed, can result in catastrophic consequences for bereaved families which could easily have been avoided. It is important to remember that having a Will in place is only one step when it comes […]Read More >
The New ‘No fault’ Divorce
Currently, in order to obtain a divorce in England, it is necessary to prove that the marriage has ‘irretrievably broken down’ and unless the couple has been separated for at least two years, it must be proved that the breakdown resulted from either the respondent’s adultery or “unreasonable behaviour”. Unsurprisingly, the requirement to cite adultery […]Read More >
Lifetime Trusts
Are you intending to make significant financial provision for young persons to take effect now during your lifetime? If so, then trusts can be a particularly suitable vehicle for that intended gift where the person receiving the funds is too young or too immature to be able to look after and manage them. With a […]Read More >
Community Ownership Fund
As part of the Budget on 3rd March the Chancellor announced the Community Ownership Fund. A £150m fund is to be established with the aim of helping local communities take ownership of pubs and other community venues facing the risk of closure. The Community Ownership Fund will cover at risk sports clubs, theatres, music venues […]Read More >
What Happens if You Die Without a Will in the UK?
Dying without a Will in the UK can be a problematic situation for all involved. Without a valid Will in place, your estate will be shared out according to the legal process known as ‘intestate’. In this article, we’ll take a closer look at what these intestacy rules are and what they mean. What Does […]Read More >
How to Deal with a Commercial Tenant Who Hasn’t Paid Their Rent
Many commercial landlords may find themselves in a situation whereby their tenant has fallen into rental arrears. This article aims to set out how to deal with a commercial tenant who hasn’t paid their rent. There are things that should be considered when deciding which remedy to pursue such as: There are other breaches of […]Read More >
Divorce and Lockdown: The Real Story
Analysing the impact the COVID-19 lockdown had on divorce rates and families across the UK As we are easing out of lockdown, I suspect that we are all wondering how this COVID-19 pandemic has and will continue to affect us, both in terms of our family lives and in the wider community. For some, the […]Read More >
The Dangers of DIY & Online Wills
The dangers of the unregulated sector and the desperate dangers of online Will construction packages Making a Will can be essential to ensure that on your death certain assets are distributed according to your wishes. If you do not create a Will, then you risk assets passing by intestacy rules to people you may not […]Read More >
Execution of Wills using Video Witnessing
STEP have recently published a briefing note on the proposed legislation which will allow for the witnessing of Wills via video link. For a Will to be validly executed the current requirement is that it is signed by the testator in the presence of two independent witnesses who must then also sign and fill in […]Read More >
Who should benefit when you die?
English law does not necessarily grant a family member the right to receive a share of a person’s estate on their death. This is referred to as “testamentary freedom” and was described in the 1869 case of Banks v Goodfellow as “English law leaves everything to the unfettered discretion of the testator…”. Some 45 years […]Read More >
Stamp Duty Changes July 2020
The tax threshold has been temporarily raised to £500,000 until next March and is effective immediately. Anyone completing on a main residence costing up to £500,000 between 8 July and 31 March will not pay any stamp duty, and more expensive properties will only be taxed on their value above that amount saving some buyers […]Read More >
Child Arrangements Orders in the UK: What You Need to Know
Please note that the law in Scotland and Northern Ireland often differs from that in England and Wales and the arrangements described below apply in England and Wales Typically, the most sensitive and challenging aspect of any relationship breakdown is establishing the future arrangements for children. On separation, emotions can run high on both sides […]Read More >
What is probate
A quick and comprehensive overview of Probate, what it is and why you may need it. You can find more information about Probate and how a solicitor can help you here.Read More >
Wills – why do I need one
A quick and comprehensive overview of Wills, what they are and why you need one. You can find more information about Wills and how a solicitor can help you here.Read More >
Lasting power of attorney
A quick and comprehensive overview of Lasting Power of Attorney, what it is and why you need one. You can find more information about Lasting Power of Attorney and how a solicitor can help you here.Read More >
Legal advice for elderly clients
This video details 5 essential legal decisions to consider approaching later life. There are all sorts of options available to you. You can find more information about them and how a solicitor can help you here.Read More >
Introducing Amanda
Amanda is a solicitor in the Private Client Department at Buss Murton Law in Tunbridge Wells, Kent. She specialises in Wills, Probate, Lasting Powers of Attorney and other areas of Private Client Law.Read More >
Employment Update – April 2020
April tends to be a watershed in the development of employment law in England and Wales. Leaving aside the enormous impact of these past Covid-19 impacted weeks, April 2020 has a number of employment related developments worthy of note. Parental Bereavement As long ago as 2013 and 2014, there were calls for some kind […]Read More >
Covid-19 and the Commercial Landlord
What can a commercial Landlord do about a non-paying Tenant during the Coronavirus pandemic? In response to Coronavirus, the Government has brought in new legislation in the form of the Coronavirus Act 2020 (‘the Act’). The Act has been put in place as an emergency measure to deal with the impact of the Coronavirus […]Read More >
CBILs (Coronavirus Business Interruption Loans) and Guarantees
Pay attention to the independent advice In what is certainly the most challenging time for businesses since 2008, the government has been quick to announce financial assistance to SMEs on several levels. One of these is the Coronavirus Business Interruption Loan scheme (CBIL). This is directed toward SMEs with a turnover of up to £45m. […]Read More >
Furlough – Getting it right
It is a great initiative for businesses but beware of misinformation There has been considerable attention given to the Chancellor’s assistance to employers in the current pandemic. Specifically, employers have been offered a grant where those employers adversely affected by the COVID-19 outbreak have had a downturn in work for their staff. The assistance available […]Read More >
COVID-19: Advice for businesses in turbulent times
These are unprecedented times for us all. The Covid-19 pandemic has disrupted supply chains, logistics and services, and, importantly, consumer demand. What is the most difficult element in all this is (to quote a veteran Hollywood scriptwriter) that no-one knows anything. The surfeit of contradictory information simply adds to the feeling of uncertainty in already […]Read More >
Coronavirus/COVID-19 Announcement – We remain operational
We would like to reassure our existing and new clients that we are still able to offer them all of our services. Our team of lawyers and support staff are fully able to access our systems remotely and can arrange to speak to you on the phone, via email or via video conferencing (such as […]Read More >
Arrangements for children following separation
Parents are often confused about the effects of a divorce or separation on their responsibilities for their children. Hopefully it will be possible for parents to agree on arrangements for their children, but if this is not possible, generally, it is advisable to take legal advice on the issues in dispute. In many cases, parents […]Read More >
Inheritance Tax proposals and the impact upon “Bank of Mum and Dad” and first time buyers
Earlier this month an All Party Parliamentary Group (APPG) encouraged the Government to consider making significant reforms to Inheritance Tax in order to reduce the burden for increasing numbers of middle class families being dragged into the Inheritance Tax paying threshold. The proposals suggested that the current 40% should be reduced to a flat rate […]Read More >
How to choose your divorce lawyer
Although statistics tell us that almost half of marriages end in divorce, the knowledge that thousands of other couples are going through the same thing is little consolation when your own marriage is breaking down. For most people, divorce is unknown and often frightening territory. Important decisions in relation to arrangements for children or finances […]Read More >
How to share Christmas
Whilst there will always be those who complain about the commercialisation of Christmas, no one can doubt that it remains a time of magic and excitement for children of all ages. As parents, we do all we can to ensure that our children have a wonderful time and that the magic is protected for as […]Read More >
Buss Murton re-accredited to the Law Society’s Conveyancing Quality Scheme
We are pleased to announce that we have once again secured The Law Society’s Conveyancing Quality Scheme (CQS) accreditation. This is a recognised quality mark for legal experts in buying or selling property, trusted by some of the UK’s biggest mortgage lenders. Membership of the scheme is only achieved after being vetted to ensure that […]Read More >
Final Call for Help to Buy ISAs
Unless the Government choose to extend the deadline, the Help to Buy ISA is due to be scrapped on the 30th November 2019, meaning time is running out for first-time buyers wishing to take advantage of a product that offers tax-efficient savings as well as generous top-ups from the Government. If you have between £1 […]Read More >
What to do when a person dies
It is not always obvious that there are procedures to follow. The first is where did the death occur? The most likely locations are at home, in a hospice, in a nursing home or in hospital. If at home and the death is sudden or unexpected, call the Police. If not unexpected or if it […]Read More >
Government scraps planned increase in probate fees
The Government has abandoned plans for a new ‘death tax’ following months of widespread public opposition. The changes which were due to take effect last April, were delayed due to Parliament’s all-consuming Brexit talks and have now been postponed indefinitely. Instead probate fees and charges in relation to the running of the family and civil […]Read More >
“I do”…until I don’t!
Despite pre-nuptial agreements still not technically being binding in English law, their popularity continues to rise, which is in part due to today’s fascination with everything “celebrity”, but are they for the rest of us? The answer is yes – sometimes! Couples for whom they may be helpful, include professional couples without children who choose […]Read More >
Falling house prices and lnheritance Tax
There can be a risk that by reason of the time delay between valuing land and buildings for the purposes of lnheritance Tax and the sale of the same, the value may fall. lnheritance Tax is paid on the date of death value and, in some cases, at least some of that is to be […]Read More >
HMRC investigates well over 20% of all taxable estates
A freedom of information request by Discretionary Fund Managers Quilters show that the Revenue opened more than 5,000 Inheritance Tax investigations in a year, a figure representing well over 20% of the 22,000 estates that are liable to lnheritance Tax in that year. Whilst it is more often than not the case that persons named […]Read More >
Inheritance tax – what the future may hold…
The shadow chancellor is considering plans to impose a new lifetime gifts tax with a threshold of just £125,000. The Labour party has confirmed it is considering plans that will increase the receipts from inheritance tax from its current £5.3bn per year to £15bn. This will include a radical shift from taxing estates to taxing […]Read More >
I have received an inheritance which I do not wish to keep. What can I do?
As strange as it may seem, there may be circumstances where you might not want assets or monies left to you in a Will. In this situation you have a right to refuse the inheritance. There are two methods to remove inheritance from your hands. They have very different implications. One method would be to […]Read More >
Celebrity Divorces
News of a celebrity divorce can become viral within seconds, but how much truth is there behind those eye-catching headlines? Let’s look at a few examples: “The Quickie Divorce” In 2018, it was reported that Jamie and Louise Redknapp’s 19-year marriage was ended in 25 seconds. This led many to question why their own divorce […]Read More >
Escalating Ground Rent
If you own a long lease on a property in England and Wales you will normally have to pay rent to the freeholder or landlord of the property, known as ground rent. This will be fixed or it may escalate during the course of the lease. Once the remaining term of a lease reduces to […]Read More >
The Problem with Sole Director-Shareholder Companies using Table A Articles
The recent High Court ruling in Kings Court Trust Ltd & Ors v Lancashire Cleaning Services Limited (2017) has highlighted a significant problem for sole director-shareholder companies who use Table A articles of association. Read More >
What is a Collaborative Divorce?
The plight of Mrs Owens being forced to remain in a loveless marriage has garnered much media attention and strengthened the “no fault” divorce movement, but, pending a change in the law, can such a destructive impasse be avoided? YES, by choosing collaborative law.Read More >
Buss Murton Law supports QVH Charity with will promotion
Buss Murton Law’s East Grinstead office has teamed up with QVH Charity, the dedicated charity for Queen Victoria Hospital, to offer special will writing appointments during the month of March, in return for a donation to the charity. Making a will is vital if you want to be certain your wishes are met after you […]Read More >
Divorce law – welcome to the 21st century
At long last, the government has finally announced that it intends to introduce the “no fault divorce”, bringing family law into the 21st century. Currently, in this country, unless a couple has been living apart for a period in excess of five years (reduced to two if both parties consent), a divorce can only be […]Read More >
How Uber Is Transforming Employment Law in the UK
Putting it lightly, it has not been Uber’s year. With every breaking news story comes another crippling blow to the $70bn tech giant. The TFL announcement that they would not be renewing their license to operate in London, having its co-founder forced out as CEO in June and failing to disclose the hack that affected […]Read More >
Minimising distress in divorce
Currently, unless a couple have been separated for five years or more (reduced to two years if they agree), they can only get divorced if the Petitioner can establish that the Respondent has either committed adultery or has behaved in such a way that the Petitioner cannot reasonably be expected to live with him/her. This […]Read More >
Online divorce applications but what about the financial settlement?
Online divorce applications are available from today at the government website (www.gov.uk). This provides the opportunity to start the straightforward part of the divorce process. Read More >
Divorce Mythbusters
There are many myths about who has what rights when a marriage breaks down. In our experience, a belief in those myths can lead people to make decisions they otherwise wouldn’t or shouldn’t make. Here are some common examples: My divorce has been finalised, so my ex cannot make a financial claim against me. Unless […]Read More >
5 Tips for a cheaper divorce
Many people find themselves reluctant to take legal advice for fear of the costs, but what if that fear is the very thing that leads you to accept an outcome which ultimately costs you more. Below are some tips for how you can both obtain legal advice and keep costs down. 1. Get expert advice […]Read More >
Daldeep Jaswal elected President of the Tunbridge Wells, Tonbridge and District Law Society
Daldeep Jaswal, Partner and Head of Commercial Property at Buss Murton Law has been elected President of the Tunbridge Wells, Tonbridge and District Law Society. The Society which is made up of local legal professionals aims to strengthen relationships between its members and to discuss issues affecting the profession as well as responding to Government […]Read More >
Does divorce inevitably mean war? The simple answer is no!
It is a commonly held belief that when a relationship breaks down, there must be a winner and therefore there must be a loser.Read More >
Mirror Wills – A Word of Caution
Mirror Wills or Joint Wills are legal documents where the contents of one Will are almost exactly replicated in the other. Read More >
Latest News on Social Care Cost Funding
The £72,500 cap on social care costs that an individual could expect to spend on his or her residential care, which was due to come into effect in 2020, has been scrapped.Read More >
Cohabitation Awareness
Be aware – there is no such thing as common law husband and wife!Read More >
Stamp Duty Land Tax for First Time Buyers and other property taxes
It had been rumoured that Chancellor Phillip Hammond would re-introduce a Stamp Duty Land Tax exemption for first time buyers (something which has existed in the past) Read More >
Don’t Ignore Pensions on Divorce
People who are getting divorced overlook pensions at their peril Read More >
Varying Spousal Maintenance Payments after Divorce
Once the divorce is over and a financial order has been made, life usually becomes more settled for all concerned. However, some orders contain a provision for maintenance for an ex-spouse, setting out how much is to be paid and for how long. These orders reflect the circumstances, income and expenses of the parties at […]Read More >
Putting Children First: Should their views be heard in Court?
The reaction from most people to “Should children be heard in English family court cases?”, would probably be surprise that the question even needs to be asked!Read More >
Lasting Powers of Attorney: more applications but, an alert about fraud
There has been a 30% rise in the number of Lasting Power Attorney applications for registration received between April and June compared to the same period in 2016.Read More >
“Dr Foster” – How NOT to separate!
I suspect that couples going through a separation may be reeling from last night’s conclusion of "Dr. Foster" and fearing for their children's future wellbeing.Read More >
The General Data Protection Regulation – It’s Coming Ready or Not
GDPR is going to be incorporated into the UK law and everyone doing business in the UK/EU even if they are located outside will be subject to its provisions.Read More >
The end of zero-hour contracts?
Zero-hours contracts or as some call them ‘hire and fire’ contracts, have been a hot topic of debate for years.Read More >
Compensation for Late Payments of Commercial Debts
Cashflow can be the difference between success and failure in business. But if late payments are giving you unnecessary business headaches, the law is on your side.Read More >
Comment on Judge Lush’s warning about Lasting Powers of Attorney
Former Judge Denzil Lush has said he would never sign a Lasting Power of Attorney because of the risk of abuse and the devastating effects on family relationships.Read More >
Summer holidays – the last straw?
Holidays can put pressure on even the most stable relationship, but if a relationship is already under strain, sadly they can sometimes be the last straw.Read More >
Employment Tribunal Fees Decreed Unlawful
In this article, we explain the Supreme Court's decision to determine the introduction of Employment Tribunal Fees in 2013 as unlawful.Read More >
Electronic communication: valid reflection of intention in your Will?
Discover the interesting debate about the Law Commission’s proposal to update the law on Wills to recognise electronic communications as a valid intentionRead More >
When is a Contract a Contract?
When you’ve signed on the dotted line, right? Wrong! You could be tied into legally binding agreements before the terms of a formal contract have been agreed and signed.Read More >
Christina Bassett appointed Branch Manager at Buss Murton’s East Grinstead Office
Buss Murton is pleased to announce that Christina Bassett has been appointed Branch Manager of the East Grinstead Office with immediate effect.Read More >
Buss Murton announces Kerry Carter’s appointment to Partner
Buss Murton is pleased to announce that Kerry Carter has been appointed Partner of the firm with effect from 1st June 2017.Read More >
The ‘Baby Boomer’ generation, intergenerational wealth and concerns re financial prudence.
Many of the over 55s wish to retain some control over how any money they leave to their offspring is spent. The recent growth in pensioner wealth and the obstacles to accessing the property ladder for many of the younger generations mean that a large portion of the older generation will bequeath large sums to children and grandchildren, and that the younger generation will not have had the experience of making decisions regarding such large asset values beforehand.Read More >
Brexit, Brussels IV and Holiday Homes
Prior to August 2015, there was no unified system of succession law for those who were domiciled and habitually resident in England and Wales but who owned assets, such as a holiday home, elsewhere in Europe. This caused added expense when dealing with assets in Europe, and it was difficult to predict whether the intended beneficiary would inherit in line with the Testator’s intentions. Read More >
Finances on divorce – Is “special contribution” a justified argument or an outmoded concept?
The breakdown of Ryan Giggs’ marriage has been widely publicised, for a number of reasons, but most recently because he apparently intends to claim “special contribution”. Whilst most people would readily accept that he has made a special contribution to football, can the same be argued for his marriage?Read More >
Don’t get blindsided if your relationship breaks down
The Office for National Statistics (ONS) has just released figures showing that, for the first time, the number of unmarried couples with children breaking up has exceeded married couples with children.Read More >
Help to Buy schemes – Everything you need to know
Gail Anthony, Licensed Conveyancer at Buss Murton Law and specialist in Help to Buy property purchases, reviews current Government schemes.Read More >
Varying charges between solicitors on conveyancing quotes?
Seeking a conveyancing quotation but discovering that there is a degree of varying charges between solicitors? At Buss Murton we have no such hidden charges. Read More >
“Offshore tax planning – HMRC replacing the carrot with a stick”
In the run up to 5 April, there is no time like the present to ‘get one’s house in order’ especially in relation to any offshore interests that you may have.Read More >
Private clients need to be aware of the new charges for probate fees
The Ministry of Justice are to dramatically reform fees for grants of probate - these will rise in May 2017 as follows:Read More >
“Cheap” legal solutions can prove costly
The BBC has recently reported the case of a mother who, feeling that she was unable to afford solicitors, lost thousands of pounds to an organisation promising to help with her court case.Read More >
Breaking up is hard to do
The recent case of Fast Drinks Limited v Cetyl International Group Inc (2016) highlights the need for landlords to consider the potential security of tenure of sub-tenants before exercising a break clause.Read More >
Greater protection for self-employed contractors
There may be greater protection for thousands of independent contractors working as self-employed contractors following a recent decision of the Court of Appeal.Read More >
Judge’s controversial decision to keep wife locked into marriage
A Judge has recently decided to refuse a wife’s petition for divorce on the basis that her allegations regarding her husband’s unreasonable behaviour were “minor altercations of a kind to be expected in a marriage”. Read More >
Spousal maintenance – a right or a need?
Spousal maintenance is inevitably a controversial topic as the simple truth is that there will always be some who believe that they are entitled to it and others who believe equally strongly that they shouldn’t have to pay it.Read More >
Amicable Divorce App
Only 30 years ago, virtually no one owned a mobile phone and yet now a mobile app promises to help you to divorce and save thousands of pounds in legal fees. But will this app really change the way the world divorces, or is it too good to be true? If all couples who separate […]Read More >
First baby showers and now divorce parties are coming to the UK!
Although many people may see divorce as an opportunity for a fresh start, few have seen it as a cause for celebration.Read More >
The Southern Rail Crisis and the Sussex Property Market
As the Southern Rail Crisis continues and shows no signs of ending soon, Sharon Callery, Licensed Conveyancer at Buss Murton Law considers if the strike action will have an effect on the housing market located within the Southern Rail line.Read More >
Transgender father denied the right to see his children
The case of a transgender father who has been prevented from having a direct relationship with his children due to the risk of them being ostracised by their mother’s orthodox Jewish community, raises some interesting and disturbing issues. Read More >
Criminal sanctions for residential landlords who breach the right to rent scheme that came into force on 1 December 2016.
Under Sections 39-41 of the Immigration Act 2016, residential landlords will commit a criminal offence if:- - Premises are occupied by an adult who is disqualified from occupying premises under a residential tenancy agreement due to their immigration status; and - The landlord knows or has reasonable cause to believe that the premises are occupied by an adult who is disqualified from occupying premises under a residential tenancy agreement.Read More >
Applications open for a £30,000 charity giveaway
The Royal Tunbridge Wells Round Table have announced that they are launching a £30,000 charity giveaway following record attendance at the annual Dunorlan Park Fireworks which took place on the 5th November.Read More >
Managing Partner Andrew Linton talks to the Times of Tunbridge Wells
Having been established in the area for over 300 years, Buss Murton have become central to the legal community. Now, in 2016, the established firm has a new image for the future. Hannah Patterson sits down with Managing Partner Andrew Linton to find out what you can expect from their new brand… Read More >
Is there such a thing as a ‘good divorce’?
Today marks the first day of ‘Good Divorce Week’ a campaign by Resolution (the national organisation of family lawyers that aims at providing a constructive resolution to family disputes) to promote ‘no fault divorce’ and improve rights for cohabiting couples. On Wednesday 30th November, over 150 members of Resolution will travel to Westminster to lobby for these two important changes to family law. The campaign also coincides with the launch of their new Code of Practice.Read More >
Beware of the Perils of Precedents
A recent High Court ruling has demonstrated that the “natural and ordinary meaning” of words trump the “overall purpose” of the Will when it comes to interpretation. Read More >
Dunorlan Fireworks 2016
Thanking the Tunbridge Wells Round TableRead More >
Trustees’ Potential Liability for Investment Losses to Beneficiaries
There has been a recent judgement in the matter of Daniel and others and several solicitors acting as professional trustees. Read More >
Solar Panels: Will They Have a Positive or Negative Impact on Your Property?
Kerry Carter, Associate at Buss Murton Law LLP, explains the implications of installing Photovoltaic (PV) panels (known as solar panels) in your property.Read More >
BREXIT: What Does the Future Hold for the Property Market?
"Out of Europe twice in a week” was an accurate summary, I thought, as I watched the highlights of the England football team being dumped out of the European Championships by the minnows of Iceland.Read More >
Buss Murton Announces Four Partnership Promotions
...including its first non-lawyer promotion to Equity Partner. Read More >
Neighbours: When the Red Mist Descends, Don’t Let Costs Go Down the Drain
A dispute between neighbours about who should pay a £4,000 bill to fix a drain has racked up legal costs of more than £300,000.Read More >
Family Law, the Next Steps …
I am going through a divorce and the finances are now going through the court process as we were unable to agree, what happens?Read More >
Limitation Period for Loans
The High Court recently considered when the limitation period begins to run in respect of a loan where there is no deadline for repayment. Read More >
Family Law, the Next Steps – What to do When it’s Time to Divorce
Family Law, the next steps...Read More >
Family Law, the Next Steps…Mediation, Collaborative Law and the Court Process
Family Law, the next steps...Mediation, collaborative law and going to court - how to choose what is right for you.Read More >
Implied Terms in a Contract
Implied Terms in a ContractRead More >
Increased Stamp Duty Rates May Cause Problems for Families
Increased Stamp Duty Rates May Cause Problems for FamiliesRead More >
Inheritance Tax and the New Residence Nil Rate Band
Question: I am a widow and have been left financially comfortable on my husband’s death a few years ago.Read More >
Lifetime Planning: Nil Rate Band Discretionary Trust Wills
Should we keep the Nil Rate Band Discretionary Trust Wills that we have or should we change them to take the full effect of the new Residence based Inheritance Tax allowance?Read More >
Peace of Mind: Taking Steps to Plan for your Future
Question: I am purchasing a property with my partner, but I am putting in more of the equity. What steps can I take to safeguard my position?Read More >
The Dangers of Not Having an Appropriate Will
The recent case involving Joy Williams and her deceased partner Norman Martin’s family show how dangerous it is to jointly own property with another (such as a life partner), even if the ownership is appropriately structured as a tenancy in common, if you do not also have an appropriate Will in place.Read More >
Buy to Let
Question: is buy-to-let still a viable long term option for the smaller investor?Read More >
Homeowners Beware of Fraudsters
Homeowners beware of fraudsters trying to sell your property without your knowledgeRead More >
The Commercial Agents Regulations 1993
The Commercial Agents Regulations 1993 set out how compensation for the termination of an agency arrangement is calculated. Perhaps surprisingly, even where a contractual termination occurs, compensation is still payable to an agent (at least where the agency is of products rather than services). Where the parties have not agreed an indemnity under their contract then compensation is due, but how is it calculated?Read More >
What is a COP Deputy
“Following on from the last article, if you are a Court of Protection Deputy – what does that mean and what can you do and what can you not do…?Read More >
Family Law and Arrangements for Children
Family Law and Arrangements for ChildrenRead More >
A Quick Glance at the Year Ahead in Employment Law
A quick glance at the year ahead in Employment LawRead More >
Stamp Duty Land Tax on Second Homes
Question: If I complete the purchase of a buy to let property after 1st April 2016 will I have to pay more Stamp Duty?Read More >
What is the Court of Protection?
Perhaps the first question to ask is what is a deputyRead More >
Slogans – Can They be Trademarks?
You will be aware of trademarks that brands register in order to obtain protection for a brand (and for the investment that has been made in the brand and its brand “equity”). What is often the case is that a number of brands have made considerable investment in slogans. Some almost form part of everyday language – Nike’s “Just do it”, Coca Cola’s “it’s the real thing” are obvious examples. There are numerous examples that have less ubiquity but still have considerable investment.Read More >
Collaborative Divorce
Can there really be such a thing as a good divorce?Read More >
How to Find a Good Divorce Lawyer
With the papers full of the latest “celebrity” divorces and statistics showing that 42% of UK marriages end in divorce, it might be assumed that divorce is no longer a significant life event. However, the knowledge that thousands of other couples are going through the same thing, makes it no less difficult when your own marriage is breaking down.Read More >
Pre Nups: To Have or Have not?
Although the multi million pound divorce settlements which are often reported in the press are of little relevance to the vast majority of divorcing couples, the financial consequences of any divorce can be significant and far reaching. It is hardly surprising therefore that couples planning marriage are increasingly considering entering into prenuptial agreements in order to try to retain control over their finances. Read More >
Buss Murton Law in 2016
Andrew Linton - Managing Partner at Buss Murton Law shares some thoughts on the coming yearRead More >
The Right to Monitor Employees Emails
The Right to Monitor Employees EmailsRead More >
Is Your New Year’s Resolution to Put an LPA in Place?
Is your New Year's resolution to put an LPA in place?Read More >
New Year New Start
New Year New StartRead More >
Government Extends Permission to Convert Office to Residential Developments
Brandon Lewis, the Housing and Planning Minister, recently announced that the Government has permanently extended the permitted development of office-to-residential properties.Read More >