When it comes to planning for the future, writing a Will is one of the most important steps you can take. Despite this, many people procrastinate or overlook the necessity of creating a Will entirely. At Burd Ward Solicitors, we believe that understanding the importance of a Will is essential for protecting your loved ones and ensuring your wishes are fulfilled after your passing.

What is a Will?

A Will is a legal document that outlines how your assets and estate should be distributed after you die. It allows you to specify your wishes regarding the distribution of your property, the care of your children, and even the appointment of an executor to manage your affairs. Without a Will, your estate may be distributed according to the laws of intestacy, which may not align with your desires.

Why You Need a Will

1. Control Over Asset Distribution

Creating a Will gives you complete control over who inherits your assets, whether they be family members, friends, or charities. By specifying your wishes, you can ensure that your estate is divided according to your preferences, which can prevent disputes and confusion among surviving relatives.

2. Appointment of Guardians for Minor Children

If you have children under the age of 18, a Will allows you to appoint guardians who will care for them in the event of your death. This is an incredibly important decision that can provide peace of mind, knowing that your children will be raised by someone you trust.

3. Minimising Family Disputes

The absence of a Will can lead to family conflicts and legal battles over your estate. By clearly outlining your wishes, you can help minimize the chances of disagreements among your loved ones during an already difficult time.

4. Tax Benefits

A well-crafted Will can help you take advantage of tax allowances and reliefs, potentially minimizing the tax burden on your estate. Consulting with a legal professional can ensure that you utilize all available options.

5. Protection for Your Business

If you own a business, a Will can outline how your business interests should be handled after your death. This can include appointing a successor or outlining the distribution of shares, ensuring your business continues to operate smoothly.

6. Peace of Mind

Knowing that your affairs are in order provides peace of mind, allowing you to focus on what matters most—enjoying life and spending time with your loved ones. Creating a Will is a proactive step in safeguarding your legacy.

How to Create a Will

Creating a Will doesn’t have to be a daunting task. Here at Burd Ward Solicitors, we can guide you through the process to ensure your Will is legally sound and accurately reflects your wishes.

1. Gather Information: Collect details about your assets, debts, and the individuals you wish to name in your Will.
2. Decide on Executors and Guardians: Choose trustworthy individuals to manage your estate and care for your children.
3. Draft Your Will: Work with a solicitor to draft your Will. This ensures that it meets all legal requirements and accurately reflects your wishes.
4. Sign and Witness: Your Will must be signed and witnessed according to legal requirements to be valid.
5. Store Your Will Safely: Keep your Will in a safe place and inform your executors where it can be found.

Writing Your Own Will

While it’s highly recommended to seek legal assistance when creating a Will, some individuals may choose to write their own. In these instances you should take a look at the guide on gov.uk.

Writing a Will is a vital step in estate planning that everyone should consider, regardless of their age or financial situation. At Burd Ward Solicitors, we offer a fixed-fee will writing service and are committed to helping you navigate this important process with compassion and expertise. Don’t wait until it’s too late—call us on 0151 639 8273 or email us at info@burdward.co.uk to start the conversation about making your Will and securing your legacy.

Care proceedings are one of the most sensitive and challenging areas of family law. If you or a loved one is involved in such a process, it’s essential to understand the steps, rights, and legal obligations involved. At Burd Ward Solicitors, we specialize in providing compassionate and expert legal advice in care proceedings to ensure the best possible outcomes for children and families.

What Are Care Proceedings?

Care proceedings are initiated by a Local Authority when they have serious concerns about a child’s safety or well-being. This legal process begins when the Local Authority believes that a child is at risk of significant harm, and it involves the family court deciding what is in the child’s best interest.

This can involve the child being subject to a Care or Supervision Order.

The primary goal of care proceedings is to protect the child, but the court also considers the rights of the parents and wider family members.

Why Might Care Proceedings Be Initiated?

Care proceedings are usually initiated in response to concerns such as:

• Neglect: Failing to meet the child’s basic needs, such as food, shelter, or medical care.
• Physical or Emotional Abuse: Any action causing harm to the child’s physical or mental health.
• Substance Abuse: Concerns that parents or guardians are misusing drugs or alcohol in a way that endangers the child.
• Domestic Violence: Exposure to domestic violence, which can have long-lasting impacts on children.
• Mental Health Issues: If a parent’s mental health issues impair their ability to care for their child safely.

The Role of the Local Authority

The Local Authority has a legal duty to ensure that children in their area are safe. Before initiating care proceedings, they can often work with families through a process called pre-proceedings. This is an opportunity for parents to address the concerns raised, usually with the help of a solicitor, as funding is available for this. The aim of pre- proceedings is to prevent the matter going to Court.

However, if these efforts are unsuccessful, or the matter requires urgent attention then the Local Authority may issue Care Proceedings. They will ask the Court to make an Interim Care Order. An Interim Care Order gives the Local Authority temporary overriding parental responsibility whilst in proceedings.

At the end of proceedings, the Court will be invited to determine if there is a need for a Final Order to be made, which could be either a Care Order or a Supervision Order.

A Care Order gives the Local Authority shared parental responsibility for the child, allowing them to make decisions about their care.

A Supervision Order, on the other hand, allows the child to remain with their parents under the local authority’s supervision.

Your Rights as a Parent

As a parent, it’s essential to know that you have rights during care proceedings:

• Right to Legal Representation: You are entitled to free legal representation, and it’s crucial to seek expert advice from solicitors experienced in care proceedings, such as Burd Ward Solicitors.
• Right to Participate in Court Hearings: You can attend and present your case during court hearings, explaining your side of the situation with the assistance of representation.
• Right to Challenge the Local Authority’s Evidence: You have the right to challenge any evidence presented by the local authority and present your own evidence to support your case.

The Court Process

Care proceedings usually follow these stages:

1. The First Hearing: Known as the Case Management Hearing, where the court sets the timetable for the proceedings and decides on interim care arrangements.
2. The Fact-Finding Hearing: If necessary, the court examines the evidence to determine if the concerns raised by the Local Authority are valid.
3. The Welfare Hearing: The court considers what’s in the child’s best interests, which could include staying with their parents with a support plan, placed with either family members or foster carers, or adoption.

The entire process is designed to be completed within 26 weeks to minimize disruption to the child’s life. However, in complex cases, this period may be extended.

How Burd Ward Solicitors Can Help

At Burd Ward Solicitors, we understand how stressful and emotional care proceedings can be for parents. Our experienced team provides clear, professional, and empathetic advice tailored to your circumstances. We will guide you through each step of the process, ensuring that your rights are protected and that the court hears your side of the story.

We are committed to achieving the best possible outcome for your family, working with you and other professionals to resolve issues as smoothly and quickly as possible.

Care proceedings are complex and emotionally challenging, but with the right legal support, you can navigate the process confidently. If you are facing care proceedings or have concerns about your child’s welfare, contact Burd Ward Solicitors for expert advice and representation.

Our expert family law solicitors are here to help you. Call us at 0151 639 8273 or email us at familyteam@burdward.co.uk.

Probate is a crucial legal process that occurs after a person passes away. It involves validating a deceased person’s will, identifying and appraising their assets, settling debts and taxes, and distributing the remaining property according to the will or, if there is none, according to intestacy laws.

What Is Probate?

Derived from the Latin word probare, meaning “to prove,” probate refers to the administration of a deceased person’s estate under English law. This process ensures that all legal, financial, and personal matters are handled appropriately after someone’s death. Key steps include:

• Validating the will
• Appointing an executor
• Overseeing the distribution of assets

Why Is Probate Necessary?

Validation of the Will

One of the primary purposes is to confirm the authenticity of the deceased’s will. This validation is vital for ensuring the will adheres to legal standards and reflects the deceased’s true wishes. Without probate, disputes regarding the will’s validity may arise, potentially leading to protracted legal battles among heirs.

Appointment of an Executor

Probate formally appoints an executor responsible for managing the estate. This official designation is essential, as it establishes clear authority to handle the deceased’s affairs, preventing confusion and delays in settling the estate.

Inventory and Appraisal of Assets

The process includes compiling an accurate inventory of the deceased’s assets. This inventory ensures that all property is valued correctly, which is necessary for tax assessments and equitable distribution among beneficiaries.

Payment of Debts and Taxes

Before any assets can be distributed, outstanding debts and taxes owed by the deceased must be settled. Probate ensures that creditors are notified and given the opportunity to claim their dues, while also guaranteeing that the appropriate taxes are paid to avoid future legal complications.

Distribution of Remaining Assets

After debts and taxes are settled, probate oversees the distribution of remaining assets according to the will or, in the absence of one, according to intestacy laws. This legal oversight ensures that the distribution is fair and compliant with the law.

Simplifying the Process

While probate can appear complex, it is designed to provide a clear and structured method for managing a deceased person’s affairs. It offers legal protection to both beneficiaries and the executor, ensuring that all steps are completed in accordance with the law.

Can You Avoid Probate?

In some instances, it may be possible to avoid probate. Certain assets, such as jointly held properties or specific types of pensions, may not require probate. Consulting with a legal professional can provide valuable insight into whether probate will be necessary for a particular estate.

Probate is an essential process that involves validating wills, appointing executors, inventorying assets, paying debts, and distributing property. While it may seem cumbersome, its role is vital in ensuring legal clarity and honouring the deceased’s wishes.

If you have questions about the process or need assistance with an estate, don’t hesitate to contact our dedicated team at Burd Ward Solicitors on 0151 639 8273. Our experienced team is here to guide you through every step, ensuring a smooth transition for you and your loved ones.

When you embark on the journey of buying or selling property, one of the key components you’ll encounter is conveyancing. Whether you’re a first-time buyer or a seasoned investor, understanding conveyancing and its importance is crucial for a smooth transaction.

What is Conveyancing?

Conveyancing is the legal process of transferring property ownership from one person to another. It encompasses all the legal and administrative work associated with transferring the title of the property. The process involves several stages, including:

1. Instruction: The buyer and seller each instruct a conveyancer to represent them during the transaction. Conveyancers are often licensed professionals or solicitors specializing in property law.
2. Pre-Contract: During this stage, the conveyancer will carry out various checks and searches, including checking the title deeds, local authority searches, and environmental reports. These searches ensure there are no issues affecting the property that could influence the sale.
3. Exchange of Contracts: Once both parties are satisfied with the checks and searches, contracts are exchanged. This stage is legally binding and typically involves the payment of a deposit by the buyer.
4. Completion: On the agreed completion date, the balance of the purchase price is transferred to the seller, and the buyer receives the keys to the property. The conveyancer will also ensure that the transfer deed is sent to the Land Registry to register the new owner.

For a more detailed look at the conveyancing process please see our dedicated buying and selling guides.

Why is the Process Important?

Conveyancing is a critical part of any property transaction for several reasons:

Legal Protection:

Conveyancing ensures that all legal requirements are met, protecting both the buyer and the seller. Your conveyancer will verify that the seller has the legal right to sell the property and will ensure the buyer doesn’t inherit any legal issues or encumbrances.

Risk Mitigation:

The various checks and searches conducted during conveyancing help identify potential risks such as boundary disputes, planning restrictions, or environmental hazards. Identifying these issues early can prevent significant problems down the line.

Financial Security:

By ensuring the correct transfer of funds and registration of the property with the Land Registry, conveyancing protects the financial interests of both parties. It prevents instances of fraud and incorrect payment allocations, which could have severe financial repercussions.

Smooth Transaction:

Conveyancers handle the complex paperwork, communicate with the other party’s conveyancer, and resolve any issues that arise, ensuring a smooth transaction process. This helps to eliminate stress and provides peace of mind to both buyers and sellers.

Compliance with Regulations:

Property transactions are subject to stringent regulations and legal requirements. A professional conveyancer ensures that your transaction complies with all relevant laws, safeguarding you against future legal challenges.

Settlement of Debts:

For sellers, conveyancing ensures that any existing mortgages or property-related debts are settled before the transfer of ownership. This ensures that the buyer receives a property free of encumbrances.

If you are looking to buy or sell a property and would like a quote, please contact us on 0151 639 8273 or email us at info@burdward.co.uk.