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,...
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 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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 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...
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...
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...
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...
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%...
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...
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...
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...
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...
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...
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...
New year, new property? Why is January a good time to prepare to sell your property? Our new article looks at why. January is the time of the year we all start making plans for all those things we hope to achieve across the year laid out in front of us. ...
The Leasehold Reform, Housing and Urban Development Act 1993 provides qualifying leaseholders with a statutory framework to extend their lease by an additional 90 years and reduce the ground rent to a peppercorn or to collectively purchase the freehold of a...
Martin Tolhurst Solicitors has the pleasure of announcing it has successfully become an accredited member of the Association of Leasehold Enfranchisement Practitioners (ALEP). ALEP is a professional membership association of solicitors, barristers, The...
More back-tracking and a complex array of new plans announced by the Chancellor in the Autumn Statement make it essential for individuals and corporations to keep on top of tax planning implications and opportunities The autumn statement delivered by...
Yesterday marked a major a mile stone for our Managing Partner, Richard Carter who celebrated his 30 year work anniversary with the firm. Richard started working at the firm on Monday 2nd November 1992 30 years ago! He joined us from Redfern and...
We are pleased to announce that Surinder Ruprai has joined the firm’s commercial department to deal with lease extensions on flats, apartments and houses, freehold enfranchisement and other related landlord and tenant work. Having practised...
High Court rules that Model Articles of Association are not suitable for Limited Companies with a Sole Director. Our company law specialist Mignonette Ellis discusses the potential issues arising from the recent decision. A High Court decision has...
Changes in the treatment of asset transfer on divorce could ease capital gains tax issues for parting couples. For many couples, when the chips are down and divorce is the only card left to play, tax planning is unlikely to be top of the priority...
Martin Tolhurst have been re-accredited with the prestigious ISO9001 management standard following a detailed 4 day assessment by an external ISO accredited assessor. ISO 9001 is the world’s most recognised quality management system standard,...
Garden predators are taking root in the courts, as householders take action to fight off plant invaders that can be highly destructive and undermine property values. One of the most common reasons for garden-related legal action is when Japanese...
On Sunday 23rd of April a very brave group of six will be embarking on a Wing Walk for My Shining Star Children’s Cancer Charity. This is not a walk while eating chicken wings as I previously thought when asked if I would like to...
It's a week since the firm attended the annual Law Net Conference and Awards 2022 on Friday 1st July at the Celtic Manor Resort in Wales. The annual conference is the flagship event in the LawNet solicitors calendar each year, attracting...
In June, the Society for Trust and Estate Practitioners (STEP) launched a new “Protect your Digital Memories” campaign . The campaign aims to increase awareness and encourage people to protect their digital memories. STEP is calling for both the...
There is still much uncertainty about the true impact of coronavirus on all aspects of our lives. Inheritance tax is no different, with the fallout of the pandemic affecting the value of estates, inheritance tax planning, and the valuation of business...
With summer in full swing, many people are planning to make changes to their gardens. Some changes might be extensive, including decking, a garden office, fences or a total landscaping overhaul. While you generally won’t need permission to plant your...
If you are considering giving Power of Attorney to a loved one, we understand that this may feel overwhelming. There are many considerations, including choosing someone you trust to carry out your wishes and conduct your affairs as you would want. Choosing...
After a firm wide vote we are so very pleased to announce the winner by a land slide for this years new Charity of the Year is - My Shining Star, Children's Cancer Charity. Clio Davies, Senior Manager explains “ When we asked our teams...
Inheritance disputes may have risen in response to soaring property prices, second marriages and blended families, with relatives more likely to feel they are missing out, but the courts are pushing back on frivolous claims and obstructive family...
The firm are delighted to announce that they have been shortlisted not only once but three times for this year’s prestigious ‘Law Net Awards 2022’ and for the first time being shortlisted for their green initiatives in the category,...
An absolutely huge congratulations to Debbie Webster from our Gravesend Private Client team for winning the 'Unsung Hero Award' at last nights UK Probate Research Awards 2022 in London. What a fantastic achievement and so well deserved. Well done...
The new divorce process which has been long awaited in the legal world, came into force on the 6 th April 2022. According to new figures, Divorce applications have surged by as much as 50% since then. What changes have been made to divorce law? From 6...
Aspiring property host? Check the small print! As the shutters lift on life, with shops and bars opening and holiday planning underway, property owners may be thinking of cashing in on the demand for UK trips by offering their home for short-term lets,...
With today's change in Divorce Law, the first time in 50 years, we wanted to look at things you may need to consider after divorce proceedings have concluded. If you have recently divorced, you may be wondering what happens next. Going through the...
As part of inheritance tax planning, or simply as part of passing on wealth to the next generation, you may consider gifting money or property to family or friends. However, there are several things you need to know about gifting and inheritance tax. In this...
It’s here! - The long-awaited Divorce, Dissolution and Separation Act 2020 will come into force on 6 th April 2022. It has been confirmed that after decades of campaigning for divorce reforms, England and Wales will finally see the end of what...
The firm attended the The British Conveyancing Awards on Tuesday 15th March 2022. Hosted by Multi-award winning journalist and broadcaster; Samira Ahmed, these Conveyancing Awards was an evening to recognise the very best of the...
Shortlisted for third year in a row for the UK Probate Research Awards 2022! We are absolutely thrilled to have found out this morning that our firm has been shortlisted for ‘Best Probate Law Firm: London & the South-East’ Award for the...
The ongoing pandemic has placed many pressures on our personal lives, with one in five relationships struggling to survive according to research by University College London. It’s a further regrettable statistic from the past two years, but if...
If you are a landlord of a commercial property, you may find yourself in the situation where you need to evict a tenant and take back possession of your property. This area of the law can be complicated - the best way to proceed will depend on your specific...
Young people have an important role to play in shaping the future of the internet, including the spaces where they spend time and the etiquette for interacting with others online. Safer Internet Day will be celebrated on February 8th 2022, and the theme for...
If you are thinking about writing a will, you may have considered doing it yourself. There are many templates and tools available online, along with vast amounts of information about the law and how to go about writing your own will. However, there are...
Equity release activity climbs 24% year-on-year to £4.8bn as market returns to growth. Summary • Record amounts of property wealth were accessed via equity release products in Q4 and across 2021 by more than 76,000 new and returning customers,...
Sometimes navigating the muddy waters of divorce can be a frustrating and drawn out process. We are not just talking about settlements and the financials, it’s the children involved that most of our anxiety may surround. How do we ensure their lives...
If you are renting your home, it is your landlord’s responsibility to provide heating and hot water. When the heating or boiler fails through no fault of your own, your landlord must repair or replace the boiler or other equipment. Of course, how long...
Professionals working with the elderly and vulnerable are raising concerns over future safeguarding following a dramatic fall in the number of lasting powers of attorneys registered during the coronavirus pandemic. Figures from the Office of the Public...
If you are considering an at-home fireworks display or perhaps a bonfire, you need to be sure that you do not fall foul of the law. Rules concerning fireworks and bonfires are designed to keep us all safe and to prevent nuisance in the neighbourhood. In this...
Christmas is the season of giving and after last year's disrupted celebrations, spreading joy and good will feels more important than ever. If the pandemic has taught us anything, it's the importance of supporting our communities as well as doing our...
If you have decided to separate from your partner, there are certain practicalities that you will need to work out together. Even if you are unsure if you will divorce or dissolve your civil partnership, in the interim, you will need certainty about matters...
If you are renting accommodation as a student, you should fully understand your rights - and your obligations. When things go wrong in your flat or house, you have the right to get them fixed. In this article, we look at your rights when renting and how to...
The International Day of Charity takes place annually on 5 September, but did you know that one of the best ways to support a charity is to leave them a gift in your will? Many charities in the UK rely on donations left by their supporters, and any gift you...
Martin Tolhurst Solicitors has received national recognition with two wins at the LEAP Modern Law Conveyancing Awards for its work in property law. Last week at a glittering ceremony at the Rum Warehouse in Liverpool, we picked up the ‘Outstanding...
Martin Tolhurst Solicitors joins with thousands of family professionals to launch the Parenting Through Separation Guide during Good Divorce Week, an annual initiative by the family justice organisation Resolution to raise awareness of how families can...
The Government has confirmed that the long-awaited Divorce, Dissolution and Separation Bill 2020, which introduces 'no-fault' divorces in England and Wales, will be delayed and won't be implemented this autumn. The Government is now working on a...
The eco-friendly kitchen begins with eating green, but it doesn't end there. Energy-efficient food preparation and cleaning habits, using equipment made from sustainable materials, and dodging toxic chemicals are also important if you want to have a...
Nobody likes to think about a time when they are no longer around and talking to loved ones about what you would like to happen after you pass away may seem morbid or unnecessary. However, talking about financial and practical matters can help put your mind...
You may have heard that the UK is hosting a summit called COP26, which is seen as being really important if climate change is to be brought under control. The COP26 event is a global United Nations summit around climate change and how countries plan to...
Martin Tolhurst Solicitors is pleased to announce an important partnership with THG (more:trees) ensuring thousands of extra trees will be planted each year. Carbon dioxide is one of the biggest causes of climate change, which makes forests one of our...
At this time of year, we often are contacted by separated or co-parenting families with questions around Christmas contact arrangements . Generally speaking, separated parents agree Christmas Eve, Christmas Day and Boxing Day are “ring fenced”...
5 ways to be greener in your bathroom now! 1. Use soap bars instead of shower gels There is a chemical, as well as aesthetic, difference between liquid soap and soap bars. Soap is made from a combination of fat/oil, water, and an alkali (traditionally...
October will see a major milestone in notice periods for residential tenancies where landlords are seeking possession, as they revert to pre-pandemic requirements. But with fears of a tough winter, as gas prices soar and furlough support ends, landlords...
If you own an electric scooter, quad bike or similar mode of transportation, it’s important to understand the rules and your obligations. In this article, we set out how and where you can legally use these types of vehicles. Powered transporters and...
A more straightforward digital system to set up a Lasting Power of Attorney (LPA) could come into play, but experts say that it is vital that sufficient safeguards are in place to protect elderly and vulnerable people from abuse. In this article, we look at...
Martin Tolhurst is delighted to announce that it has maintained its ISO 9001:2015 certification, which it achieved in 2019. ISO 9001:2015 is an internationally recognised standard that ensures services meet clients' needs through an effective quality...
When a couple makes the decision to separate, the breakdown of the relationship can have far-reaching consequences. Unfortunately, grandparents of any children of the relationship can suffer and even be prevented from seeing their grandchildren as often as...
With pupils making their return to school, and many coronavirus restrictions now lifted, we understand that both parents and pupils will have questions about what to expect. In this article, we look at the rules around wearing masks, self-isolating and...
A recent survey has given some insight as to reasons why a buyer withdraws from a transaction. The survey was carried out by a “quick buy” company that specialises in buying houses where transactions have recently fallen through. Almost...
When someone you love has passed away, the last thing you will be thinking about is debt. However, there are many misconceptions about debt and inheritance, and it is essential to understand the position. Many people believe that when a person dies, the...
There are various challenges that come with foreign travel this year: from the added expense of Covid tests to the risk of quarantine if your chosen destination moves to the amber or red list. As a result, many holidaymakers are choosing to vacation here in...
Parents have a legal responsibility to provide financially for their children even if they no longer live with them. What happens if a parent doesn’t pay? Under a child maintenance arrangement, child maintenance is usually paid by the parent who does...
