Legal Updates

The Role of the Law Commission


The Law Commission is an independent body, but one which has statutory powers in terms of the law in this country. It was founded following the Law Commissions Act of 1965, with the overarching aim of providing continuous review and reform of the laws of England and Wales.

The Law Commission itself states that it has four primary objectives in terms of how it carries out its role. It aims to make sure that the law is:

•    Fair
•    Simple
•    Modern
•    Cost effective

What Does the Law Commission Do, and How Is It Independent?

Positive Changes to Our Rights to Online Privacy


In this age of technological advances and reliance on social media, the topics that we see frequently grabbing the headlines are the problems that unwanted photographs or information online can cause unsuspecting individuals. Take, for example, unflattering or embarrassing photos or references to personal situations that happened long ago finding their way into the hands of someone’s prospective employer. Another example is the malicious spreading, in an act of revenge, of personal or even incriminating evidence about somebody. 

Crying Out for Better Protection

21st-Century Wills


This month, we will consider the Law Commissions’ consultation on how Wills are made in England and Wales. Some of the key issues that are under review include:

• Giving greater flexibility to the Courts to uphold Wills that do not meet legal requirements 

• The possibility of online or electronic Will writing in the future

• Reducing the age at which someone can make a Will from 18 to 16

• Improving tests of a person’s capacity to make a Will 

Should the Legal Age to Write a Will be Lowered?


When you consider that the vast majority of the law connected with Wills comes from an Act of Parliament that received Royal Assent at the very start of the Victorian era (the Wills Act 1837) and the capacity issue for writing a Will comes from a case precedent in 1870, it will not come as a surprise to any of us that the Law Commission has been evaluating the possibility of reform in this area. The Commission feels that the current legal age of 18 should be lowered to 16.

Keeping Pace with Our Modern Society

How The General Election Will Affect Proposed Laws


With the general election coming up in a few short days, many questions have arisen regarding how it will affect already proposed laws. While a good majority of those that were in question have since been passed (all of which will be discussed briefly below), there are still a few that have not been as successful. But what does that all mean in terms of the nearing election on June 8? 

Successful bills

Ground Rent – A New Leasehold Scandal Brewing?


This month we are considering a form of land ownership, leasehold, that has been described as a “murky corner of residential property”, and perhaps more worryingly if you own one, “a national scandal which dwarfs PPI”. With recent stories about homeowners having ground rents that double every 10 years and an all-party Parliamentary Group reporting on reforms in April 2017, even stronger language has been used by MPs describing leasehold houses as a “national con”. 

What are key features of freehold and leasehold titles?

Family Practice: Time for a change? – No fault divorce


This month we are examining the impact of a recent Court of Appeal decision on the divorce petition of Mrs Tini Owens. The Court of Appeal have, in refusing Mrs Owens’ divorce petition, buried the possibility of a couple divorcing on a no fault basis.

England and Wales, unlike many other legal jurisdictions, require one party in a divorce to prove the other was at “fault”. When couples apply for a divorce, they must prove that the marriage has “irretrievably broken down” (Matrimonial Causes Act 1973). To show this breakdown, a party has to give one of five reasons: 

•    adultery
•    unreasonable behaviour
•    desertion 
•    separation of two years with consent
•    separation of five years without consent

Changes to Inheritance Tax


If you are currently studying the Legal Secretaries Diploma course and have studied the Wills, Probate and Administration module, you will be familiar with the fact that inheritance tax is not currently payable on estates below the “nil rate band”. The nil rate band (NRB) is currently set at £325,000, meaning that for any estate over this figure, tax is payable on the difference at the rate of 40%. 

However, as of 6 April 2017, a change to this law has come into effect.

Land Law – Rent Charges


Rent charges have existed since the 13th century and have traditionally provided an income for landowners who allowed their land to be developed. It would be fair to say that in recent years, rent charges have not been a major feature of any conveyancing transaction, but that may be set to change. There have been a number of cases recently where private investment companies have been imposing heavy financial penalties on homeowners for non-payment. These fines have far exceeded the rent that was due, and in this article we will highlight what steps Property Lawyers should take to warn clients when a rent charge appears on a title report. 

What is a rent charge?

The Future of Digital Conveyancing


Modern technology has simplified many aspects of our lives, both personally and commercially. It has been possible to shop or take out contracts and arrange finance electronically for some years now. However, the conveyancing industry has been slow to adapt to, or to adopt, the new technologies available. 

Much of the house-buying process is still conducted manually, with the process usually taking at least two months to complete. While there are companies that do carry out conveyancing online, the paperwork still requires a wet signature, which slows the process as well as carrying a risk of paperwork being lost in the post.