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Welcome to Our Blog

Are you looking for high quality legal advice? You have come to the right place.

We regularly write about different legal topics and welcome your comments on our posts. If you would like more information on our services, please don't hesitate to get in touch.

Latest Posts

Equity Release cases halve as interest rates increase

Richard Carter
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In 2022, equity release loans in UK totalled around £6 billion. In 2023, due to higher rates of interest, this is likely to fall to around £2.5 - £3 billion of loans being taken up.  The managing partner of Martin Tolhurst,...

Emergency Power of Attorney: When and How to Obtain It

Sarah Begley
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Unfortunately accidents can happen to anyone at any time. These accidents can result in individuals losing the ability to make their own decisions. If this should happen, the Court of Protection in the UK steps in to protect the interests of vulnerable...

Cohabitation: What are the rules?

Hannah Stanford
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Cohabitation has become increasingly common, with more and more couples choosing to live together without getting married or entering into a civil partnership. However, it is important to note that cohabiting couples do not have the same legal rights and...

Break Clauses in Leases - Important considerations?

Denise Serifoglu
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In leases, break clauses serve as crucial provisions that provide commercial flexibility for both landlords and tenants. These clauses can allow either party to terminate the lease before the expiration of the fixed term, subject to certain conditions being...

Business First Magazine Autumn/Winter 2023

Clio Browne
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The new Law Net Autumn/Winter 2023 Business First Magazine is out now! This edition is packed full of features including creating a supportive workplace, sustainable buildings, legally compliant HR and EDI essentials. And we are delighted to have an article...

Could you be at risk from an unregulated will writer?

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An article in the Law Society Gazette a few weeks ago revealed that a couple were stung with an £89 annual storage fee for their wills, having already paid £4,500 for their wills and been told the storage fee would be £49. Meanwhile, the...

What happens when a parent breaches a Court Order?

Nameeta Gujral
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When a court issues an order, it is legally binding and must be followed by all parties involved. Unfortunately, there are instances where one parent may disregard or breach a court order, causing frustration and potential harm to the child and the other...

99% of law firm kitchen tables and pinboards will have these features!

Richard Carter
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Recently I visited another local law firm to chew something over. It’s nice to have other Firms in your area you get on well with despite competing for the same clients. The chap I was speaking to took me into their kitchen to make a cup of tea. Their...

The Tribunal Process on a Statutory Lease Extension

Surinder Ruprai
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When parties to a statutory lease extension are unable to agree on the final terms there is a process in place whereby a final decision can be given by the First-Tier Tribunal (Property Chamber).  This article provides some further information about how...

Meet Connor, our newly qualified solicitor!

Ilaria Giurini
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Connor joined the firm in February 2021 as an Office Administrator and qualified as a Solicitor in September 2023. He is currently working in the Commercial Property department within our Gillingham office. Andrew-Ashley Edwards, Commercial Property...

Organ Donation Week - Do your family know your wishes?

Nathan Hidson
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This year, Organ Donation Week runs between the 18th - 24th of September. The campaign is designed to raise awareness about organ donation and transplantation. While most of the UK now runs on a system of opting out, it is still something you should discuss...

Martin Tolhurst joins the Greener Litigation Pledge

Ilaria Giurini
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We are proud to announce that Martin Tolhurst Solicitors is now a signatory to the  Greener Litigation Pledge , joining a growing list of law firms committed to minimising the environmental impact of our practice. The Greener Litigation Pledge is...

LPA surge: challenges in registration

Paul Rothwell
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In 2022, the Office of the Public Guardian (OPG) registered over 770,000 Lasting Powers of Attorney (LPA), and this was an increase of nearly 10% over the number of registrations from 2021.  However, the waiting times between making an application for...

Door handle dilemmas and training twists

Richard Carter
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Last month the SRA issued a stern warnings about training by solicitors. We are not doing enough apparently and this needs to change. In our firm aim pleased to say, somewhat smugly, that this does not apply as we train everyone regularly through a variety...

Ask The Expert - with Ian Quayle

Richard Carter
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Ian Quayle the Managing Editor of Property Law UK takes the opportunity to ask an experienced residential conveyancer a series of questions concerning the state of modern residential conveyancing and to share knowledge and experience with readers of Property...

Why does it all rain on me? We all know who is really in charge in law firms....

Richard Carter
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Why does it always rain in Manchester? I confess to having some regional prejudices. I’ve worked my whole life in sunny Kent, the garden of England, with its picturesque Castles, Cathedrals and poly tunnels producing all those lovely strawberries for...

Buying a New Build Property in the UK?

Abdul Mutallib
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What you need to know when buying a New Build Property in the UK. Buying a new build property in the UK can be an exciting venture, offering modern designs, energy efficiency, and the opportunity to be the first owner. However, purchasing a new build comes...

Never predict the future of the law, Marie Kondo is ashamed of me and "what exactly does it do?"

Richard Carter
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Two weeks ago we looked like we had a network problem and no-one could log in as well as the phone system being down. It was not the dreaded cyberattack but it might be a while before everything was back up so I set about a rare but satisfying task –...

Child with a different surname - Can I take them abroad?

Hannah Stanford
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When it comes to travelling abroad with a child, parents often have questions about the legal implications, especially if the child has a different surname. In England and Wales, parental rights and responsibilities are primarily governed by the Children Act...

Stepping Up for a Cause: Our Charity Walk in Support of GOSH

Ilaria Giurini
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At Martin Tolhurst, giving back to our community is at the heart of what we do, and this year, we're proud to support Great Ormond Street Hospital (GOSH) as our charity of the year. Our team has rallied together in an incredible show of support, with...

How to terminate a 'protected' commercial lease - a guide for Landlords

Liza Anderson
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Whether you are a landlord or tenant, it is sensible to seek specialist legal advice from the offset.  The procedures, rules and fixed time limits surrounding this area of law can be complex. Regaining possession of a commercial premises that has a...

Achieving Sustainable Success: A 38% Energy Reduction Milestone

Ilaria Giurini
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In a world that is becoming increasingly conscious of its environmental impact, it's vital for organisations to take meaningful steps towards sustainability. We are thrilled to share a remarkable accomplishment from our Sittingbourne office, where...

Good for Sweary Clients and "Come and paddle in my Think tank" management speak

Richard Carter
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One of the trickiest issues as a lawyer is when there appears to be an issue about a client’s mental capacity. Are they capable of understanding what you’re doing for them and its legal effect? The client may have said or done something that has...

The Dog Ate my Blog, and why you should not trust the quiet ones....

Richard Carter
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Magna Carter is late this time round and I have a good reason. The dog eat my homework is not an excuse I can use with the marketing department monsters as they know I do not have a dog. At the risk of alienating anyone still read this weekly blog/guff I am...

Supreme Court makes a surprising scam fraud decision

Richard Carter
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In the year to 31 March 2022, fraud became the most committed crime in the United Kingdom, with more than 4.5 million offences in a year. However, there is no evidence that the risk of fraud is being translated into police resources – fraud accounts...

Wills & Probate team relocating to Longfield!

Clio Browne
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Our Wills and Probate team is moving! Currently based in Gravesend offering a wide range of services including wills, probate, powers of attorney, trusts and court of protection, we are excited to announce from Monday 24 July our Wills and Probate team will...

I'm a solicitor not a bleeding tax collector

Richard Carter
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This week – “I’m a solicitor, not a bleeding tax collector” and a bizarre interview. To qualify as a solicitor takes a minimum of 7 years. When setting out on that path many dream of the life saving tasks they envisage they will...

Power of Attorney: The Value of Professional Guidance

Tarisai Gonyora
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Creating a Power of Attorney (POA) is a crucial legal step to ensure your wishes are upheld and your affairs are managed in the event of incapacitation. While it may seem tempting to make a POA online, it's essential to understand the potential pitfalls...

Charity golf days, axe-throwing, and office shenanigans

Richard Carter
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An important client is running a golf day. As managing partner I know it’s important we go, press the flesh, smile a lot, do not win and behave impeccably. I press gang 3 really reliable colleagues who are not golf bandits. It’s a great day, the...

Creating marketing monsters and a trip to the King's Coronation

Richard Carter
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The vague mention of me writing a work blog regularly perked up the ladies in our marketing department no end. These professionals are lovely, calm, creative women who I recruited as Managing Partner to boost our marketing especially our website and social...

Is selling a property at auction right for you?

Danny Ball
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If you're looking to sell property in the UK, you may have considered selling at a traditional auction. But is selling property at auction right for you? In this article, we'll explore the legal implications, rules and regulations, and important...

Is buying property at auction right for you?

Danny Ball
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Buying property at a traditional auction can be a thrilling and potentially rewarding experience. However, it is important to be aware of the legal implications, rules and regulations, and possible risks involved in such a purchase. In this article, we...

Charity of the Year revealed

Clio Browne
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We are thrilled to announce that  Great Ormond Street Hospital Children's Charity  has been chosen as our Charity of the Year 2023/24! This decision is incredibly close to our hearts, as one of our own staff members experienced the unwavering...

New office coming soon

Ilaria Giurini
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Are you ready for some exciting news? Martin Tolhurst Solicitors, one of Kent's leading law firms, is proud to announce the opening of a new office in Gillingham! After months of hard work and dedication, we are thrilled to be expanding our reach and...

Divorcing your business partner - what you need to know

Nameeta Gujral
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Getting divorced is never easy, and not something people plan for long into the future. Similarly, when spouses go into business together, they rarely consider making a commercial agreement. As a result, divorce can be even more challenging where you and...

Your role as a Landlord - A quick guide

Adam Waters
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It is important as a landlord to know your rights and responsibilities. Generally, when managing residential property, your role involves maintenance and ensuring any repair work is completed, as the property cannot have any hazards or breach any health and...

What is contentious probate?

Paul Rothwell
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Contentious probate refers to any disputes about an individual's estate when they are no longer here. This process can be difficult for families and lead to many mixed feelings, but understanding when an estate can be contested can help answer many...

A Year of Giving: Celebrating Our Journey with My Shining Star

Ilaria Giurini
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As we bid farewell to our beloved charity of the year, My Shining Star, we reflect on a remarkable journey filled with dedication and overwhelming support from our incredible staff and partners. Over the past 12 months, we have witnessed the profound impact...

Should children be involved in the mediation process?

Hannah Stanford
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Going through divorce or separation is challenging, particularly if you have children. If your children are old enough, they may also express worry, concern, or preferences about what they would like to happen. However, should your children become formally...

National Pet Month - Have you got a pet nup in place?

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National Pet Month runs from April 1 - May 1 2023, and aims to promote responsible pet ownership. As a nation, we love our pets, and with more than half of households in the UK owning at least one pet, pets are a huge part of our lives for many of...

Death of a shareholder - what happens to the shares?

Mignonette Ellis
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There are documents which need to be considered following the death of a shareholder of a limited company to establish how their shares will be dealt with. Articles of Association Provisions which govern what the personal representative can do with the...

Why everyone should have a Power of Attorney

Sarah Begley
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A Power of Attorney is a very valuable document to have in place, allowing you to plan for the future when you can no longer make decisions for yourself. In this article, we look at why a Power of Attorney is something you should consider. What is a Power...

Smooth the ride - Top tips for expediting your next business disposal

Mignonette Ellis
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The speed of the sale of your business or company (or 'Target') is directly linked to how expediently the parties correspond, provide documents and negotiate terms. Mignonette Ellis highlights three stages of the transaction that commonly consume the...

Race ready for property marathon

Tom Bexhell
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Why homemovers need to tighten their trainers! Property continues to catch headlines, whether prices are up or down; city dwellers are moving to the country or back again; or how long it may take to get the keys to a new home. Following the dramatic 30%...

Do I need a prenuptial agreement?

Nameeta Gujral
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The benefits of having a prenuptial agreement: why every couple should consider one. While a ‘prenup’ can be difficult to discuss with your partner, and may seem unromantic to factor into your wedding planning list, it's important to...

Inheritance Tax receipts soar by nearly 20%

Paul Rothwell
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No real surprise as Inheritance Tax receipts soar by nearly 20%. Can you limit the damage Inheritance tax does to your estate? Most economic editors in the media expressed surprise that there was a surplus in Government finances announced for January...

Voluntary Lease Extensions

Paige Banks
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What is a voluntary lease extension and when might one be appropriate? A voluntary lease extension, also known as an informal lease extension, is the process of negotiation between the landlord (often the freeholder) and leaseholder (tenant) whereby...

The Register of Overseas Entities

Denise Serifoglu
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Section 3 of the Economic Crime (Transparency and Enforcement) Act 2022, which requires the Registrar of Companies to keep a register of Overseas Entities in accordance with the provisions of the Act, came into force on the 1 August 2022. Linked to the...

Team Tolhurst Shortlisted for Best Probate Firm

Clio Browne
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We are incredibly excited to announce that our firm has been shortlisted for the UK Probate Research Awards 2023, for the Best Probate Law firm category of medium size firm. After winning this award in 2020, Martin Tolhurst is thrilled to announce that we...

Family mediation or Court?

Nameeta Gujral
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Exploring the benefits of mediation as an alternative to court Mediation can be an alternative way to resolve legal disputes and has many advantages over going to court, including being faster, cheaper, and allowing the parties to remain in control and...