B Legal Limited

My name is Clare Forsyth and I am a recovered divorcee. I spent several years making excuses and putting things off before finally taking one of the biggest decisions of my life.

My divorce was long and drawn out with many twists along the way and at the end of it I was left feeling exhausted having gone through a mangle! My family and friends were my rocks and their steadfast support throughout will always stay with me.

But life goes on.

Once left to my own devices to piece together my new life, circumstances and to look after my 3 children, as well as to come to terms with my new ‘single’ status after so many years, the feeling was overwhelming. In spite of still having so much support I felt very alone and isolated.

A number of years have passed now and I have happily remarried and have reconciled the choices I had to make. I have since found that having been through the experience of divorce, some women feel more at ease discussing their situations with me. Their stories are etched on their souls and the road seems very long and their pain is deep. This is where I felt I could help.

I have set up Divorce-What Next? as a practical support network for women who have gone through or are going through divorce or break up. We have developed a 2part course in conjunction with a life coach and 2 image and style consultants covering mindset success, body language, confidence, personal style and presentation and an introduction to dating.

Alongside this we have a program of talks addressing issues such as financial confidence, children post-divorce, dealing with depression and cultural stigma.

As a balance to what are pretty meaty subjects we also run a regular Supper Club, which is a very informal relaxed way to meet other women who understand each other and enjoy a fun evening out.

Some women have said that it is just what they have been looking for and is a non-intimidating way of beginning to address and invest in themselves and that the support and understanding from other women is key.

My greatest reward has been to be able to help women to feel comfortable facing the future again and inspiring them to take steps to positivity- the most powerful tool to recovery.

We are currently recruiting for a number of roles within our busy Private Client Department.

Solicitor – Private Client Department

We are looking to appoint a Private Client Solicitor to work within a busy department dealing with Wills, Probate, LPA’s, Estate Planning and Court of Protection transactions.

With some experience in this area, you will manage your own caseload and be able to work effectively as part of a team, assisting others where required. Pro-active networking is an essential part of this role therefore strong contacts across the local market combined with a commercial instinct and excellent client facing skills are required.

To be a successful candidate you will be a first rate communicator, will have sound commercial acumen enabling you to understand not just the legal issues, but the commercial objectives underpinning them and will be required to assist with the development of the Private Client department across multiple locations.

Travel between offices will be required therefore a clean driving license and the use of a car is essential.

This role would suit an individual looking to commence or progress a career in a fast moving commercial environment who can demonstrate excellent IT skills and awareness of the current compliance regimes associated with a modern law firm.

Paralegal – Private Client Department

We are looking to appoint a Paralegal to work within a rapidly expanding Private Client department dealing with Wills, Probate, LPA’s, Estate Planning and Court of Protection transactions.

With some experience in this area, you will manage your own caseload and be able to work effectively as part of a team, assisting others where required.

Client contact is an essential part of this role therefore to be a successful candidate you will need to demonstrate empathy and the ability to remain focussed in difficult circumstances combined with excellent interpersonal skills.

Duties will include both routine and more complex tasks therefore attention to detail must be combined with the ability to deliver high quality standards for delivery of sensitive documents in a confidential environment.  To be a successful candidate you will demonstrate good communication, and will be able to grasp the legal issues and the commercial objectives underpinning them.

Customer service and client  facing  experience  are required as the Private Client department involves pro-active networking therefore the Paralegal will be required to support the fee earners and participate in any networking or business development events.

You will be required to assist with the support and  development of the Private Client department across multiple locations, therefore a clean driving license and the use of a car is essential.

This role would suit an individual looking to commence or progress a career in a fast moving commercial environment who can demonstrate excellent IT skills and some awareness of the current compliance regimes associated with a modern law firm.

Admin Assistant – Private Client Department

We are currently looking for an Admin Assistant to fill a varied and challenging position providing administration assistance and support to the fee earners within a rapidly expanding Private client department in a busy modern Law firm.

You will support the fee earners, work with staff at all levels in the Private Client team and will need to demonstrate excellent organisational skills and the ability to meet deadlines in a high volume environment.

Good numeracy, and an ability to communicate combined with exceptional IT skills in most/all Microsoft Office programmes are critical and previous experience with a case management system is preferred.

Must have a good telephone manner, be flexible and adaptable, manage your own caseload and be able to work effectively as part of a team, be able to work to tight deadlines and prioritise own workload.  Duties will include both routine and more complex tasks therefore attention to detail must be combined with the ability to deliver high quality standards for delivery of sensitive documents in a confidential environment You may be required to support the department across multiple locations therefore travel between offices will be necessary making a clean driving license and the use of a car essential.

If you consider you have the drive and enthusiasm to join our team please email your CV to:

Lynn Ward – recruitment@b-legal.co.uk

Solicitor – Property Department

We are looking to appoint a Property Solicitor to work within a busy department dealing with high volume and high-net-worth residential property transactions. With proven experience in this area, you will manage your own caseload and be able to work effectively as part of a team, assisting others where required.

This role would suit a self motivated individual who is looking to progress a career in a fast moving commercial environment, can demonstrate excellent IT skills and works well under pressure. Previous experience of using a case management system is essential and you will demonstrate a flexible and pro-active approach to problem solving.

You will be required to assist with the development of the Property department across multiple locations. Pro-active networking is part of this role, therefore strong contacts across the local market combined with a commercial instinct, first rate client facing skills, communication and interpersonal skills must be demonstrated.

Travel between offices will be required therefore a clean driving license and the use of a car is essential.
To be a successful candidate you must understand the compliance regimes associated with a modern law firm, and will have sound commercial acumen enabling you to understand not just the legal issues, but the commercial objectives underpinning them.
Administration Assistant – Property
Varied and challenging position providing administration assistance to the fee earners within a thriving property department in the Head Office of a busy Law firm. Good numeracy, and an ability to communicate combined with exceptional IT skills in most/all Microsoft Office programmes are critical and previous experience with a case management system is preferred.

You will be working with staff at all levels in the property team and will need to demonstrate excellent organisational skills and the ability to meet deadlines in a high volume environment. Must have a good telephone manner, be flexible and adaptable, able to work to tight deadlines and prioritise own workload.

Duties include data entry, photocopying, filing, dealing with emails and customer post therefore attention to detail must be combined with the ability to deliver high quality standards for both routine and more complex tasks in a confidential environment.

This role would suit an individual looking to commence or progress a career in a fast moving commercial environment. A minimum academic requirement of 5 GCSE’s at Grade B (including Maths and English) preferred.

If you consider you have the drive and enthusiasm to join our team please email your CV to:

Lynn Ward,

recruitment@b-legal.co.uk

When English people die leaving assets in Spain, Grants of Probate and Administration are not issued by the Courts in Spain. Thus, in order to proceed with the registration of the assets inherited in Spain, the beneficiary or the surviving spouse needs to provide the Spanish Authorities with the compulsory document “Deed of Acceptance of the Inheritance”; unfortunately it is not like in England that the properties pass automatically to the surviving spouse.

Due to the requirements of Spanish Data Protection Law, banks will not normally reveal information of a deceased’s affairs until such time as a properly executed Power of Attorney from the beneficiary or executors is produced. Inheritance tax is payable by the beneficiary rather than the estate itself and its calculation is dependant on the amount received and the blood relationship between the beneficiary and the deceased.

Deed of Declaration of Inheritance and the Acceptance of the Inheritance

There is no equivalent of this concept in England and Wales. It is a formal declaration of the deceased’s death and disclosures of their estate, to be prepared and signed by the beneficiaries and the appointed executors. The Deed states the capacity in which parties are acting, such as beneficiaries, executors or attorneys for the beneficiaries or executors, it recites the facts relating to the deceased’s death and their succession through the testamentary dispositions made by them and in addition, it will contain a full inventory of the assets which form the estate, disclosing the value for inheritance tax purpose. In the case of immovability property, the deed will contain a full description of the property as it appears in the title documents, and will incorporate full details of its registration. The liabilities of the estate for which a tax deduction is claimed have to be equally detailed in this deed.

The distribution of the deceased’s estate among the beneficiaries is detailed at the end of the document, in accordance with the terms of the will. The beneficiaries may formally accept the inheritance and, in the case of immovable property, will apply to the Land Registry for the registration of the property in their name or names.

Beneficiaries cannot register property under their name unless the deed of declaration of inheritance has been signed by a notary public.

Power of Attorney for Inheritance

This is a notarial deed granted in favour of a lawyer or any other third party to act on behalf of the beneficiary or executor at the signing of the deed of Declaration of Inheritance, or to generally deal with the winding up of the estate.

Central Will Registry

Every will has a certification number in Spain, which is kept on file at the Central Register of Spanish Wills, located in Madrid. There is no equivalent in England and Wales. A certificate from the aforesaid registry must be attached to the Deed of Declaration of Inheritance and the Acceptance of the Inheritance confirming whether the deceased made Spanish Will or not.

Registry of Deaths

The Spanish equivalent is the Registro Civil which fulfils the same objective as the General Register Office in England and Wales. The original death certificate legalised with the Apostille of the Hague Convention 1961 and duly translated into Spanish must be attached to the Deed of Declaration of Inheritance and the Acceptance of the Inheritance.

Revocation of the Will

A will is automatically revoked by the execution of a new will. Divorce does not automatically revoke or affect the validity of a previous will. However, the divorced spouse will not inherit unless the will stipulates otherwise.

Civil Partnership

Same sex couples’ rights and responsibilities are identical to civil marriages in Spain and are fully recognised under the same name as heterosexual couples that is, marriage. Such partnerships give the same succession rights as heterosexual marriages. Some regions have also regulated cohabiting couples as simulating the succession rights to those of matrimony.

Court Protection

There is no equivalent in Spain. All issues referring to metal capacity are decided by the ordinary court of first instance.

Tenancy in Common

All co-ownership under Spanish Law is held under tenancy in common, so the deceased’s share of the co-owned property will be part of their estate and will pass in accordance with the terms of their will or intestacy.

Unity of Succession

According to Spanish law, inheritance issues are governed by the deceased’s national law at the moment of death, no matter what type of assets are involved nor in which country they are located.

Art 9-8 of the Civil Code

This means, for example, that provision for the compulsory portions, which are applicable to Spanish Citizens, are not applicable to foreigners, even if they are residents in Spain or their estate is in Spain or they have died in Spain. The right of a person to deal with these assets after his death is regulated by his national law.

This has been adopted as a fundamental principle within the Spanish Legal systems, so the Supreme Court has clearly established that only one law will be applicable to real and immoveable property of the estate of an English National.

Should you have any queries please do not hesitate to contact Susana Diez Urquiola, our Spanish Lawyer at B Legal Limited on susanad@b-legal.co.uk or 01494 687837 for a free initial consultation. Susana has been working in the UK for the past 20 years and is registered with the Law Society as a European Solicitor and is also a member of the Bilbao Bar.

We are looking to appoint a Private Client Solicitor to work within a busy department dealing with Wills, Probate, LPA’s, Estate Planning and Court of Protection transactions.

With some experience in this area, you will manage your own caseload and be able to work effectively as part of a team, assisting others where required. Pro-active networking is an essential part of this role therefore strong contacts across the local market combined with a commercial instinct and excellent client facing skills are required.

To be a successful candidate you will be a first rate communicator, will have sound commercial acumen enabling you to understand not just the legal issues, but the commercial objectives underpinning them and will be required to assist with the development of the Private Client department across multiple locations.

Travel between offices will be required therefore a clean driving license and the use of a car is essential.

This role would suit an individual looking to commence or progress a career in a fast moving commercial environment who can demonstrate excellent IT skills and awareness of the current compliance regimes associated with a modern law firm.

If you consider you have the drive and enthusiasm to join our team please email your CV to:

Lynn Ward – recruitment@b-legal.co.uk

Full-time Receptionist/Administration Assistant

Varied and challenging position in a busy legal firm in central Henley which include reception duties for greeting clients, managing diaries and booking meetings as well as providing administration assistance to the fee earners with photocopying and filing.

You will be working with staff at all levels and across all practice areas. You will have a good telephone manner, be flexible and adaptable, able to work to tight deadlines and prioritise your own workload. You will need to demonstrate good numeracy, excellent IT skills and an ability to communicate with colleagues and clients alike.

This role would suit an individual looking to commence or progress a career in a fast moving commercial environment. A minimum academic requirement of 5 GCSE’s at Grade B (including Maths and English) preferred.

If you consider you have the drive and enthusiasm to join our team please email your CV to:

Lynn Ward – recruitment@b-legal.co.uk

http://www.b-legal.co.uk/vacancies/

We at B Legal pride ourselves on providing legal and practical advice to all of our Clients. In our Company and Commercial department it’s not uncommon to see clients in avoidable financial difficulties and so we strongly advise our Clients of the benefits of using a good accountant.

Having a good accountant on your side is vital to any successful business as this professional could save you money and ensure that the income/cash flow of the business is being used in the most efficient way for optimised profit.

What will an accountant talk about?

Points for discussions and advice with your accountant will vary from details such as the structure of your business, taxation including VAT, an analysis of the accounts of an ongoing trading business and much more. The accountant will want to know as much about your business as possible so they can advise you in the most effective manner.

An example of how an accountant might help you:

When purchasing an ongoing trading business, it is critical that you ensure what the current proprietor is representing in regard to cash flow/profit is accurate reflection.

Do not hesitate to ask your accountant to evaluate three years audited accounts, employee payroll, till receipts, supplier’s invoices, business rates and utility bills of the business. Your accountant will then be able to establish whether or not the cash flow/profit has been accurately reflected and advise you accordingly.

What if I don’t get this advice?

Assessing the incomings and outgoings of an ongoing trading business can be a lengthy and complicated business. If your seller has not instructed an accountant to evaluate the cash flow/profit of the business and you have not involved an accountant to examine the figures then there is a possibility of the figures being inaccurate.

Further, the seller may even exaggerate the figures for a variety of reasons and in which case your accountant should be able to identify the misrepresentation. If you have not instructed an accountant and you discover the business has been misrepresented you may still have legal action against the proprietor if the misrepresentation can be proved after the event. However, you should not rely on this action or remedy as this can be a very expensive, often lengthy and unpredictable process.

How an accountant can also help you obtain finance:

Fundamentally, you should bear in mind that if you require financial assistance any bank manager or venture capitalist will not consider lending or investing money in your business without a sensible business plan.

A good business plan will detail the strategic, operational and financial aims of the business.  It should detail a summary of the business proposal, an overview of the business’ aims, details of the product or service or market, details of the way the business is to be managed or operated and financial forecasts with any market research data or technical product information.  I know this appears to be very technical but a well thought-out business plan can be key to a successful business.

An accountant can significantly improve the financial aspect of your business plan by providing you with accurate supportable figures. The validity of the finances within your business plan will be of paramount importance to any potential lender.

In Summary

At B Legal Solicitors we advise clients to use an accountant when starting a business as they can help you to save money, secure financial backing and avoid any lengthy and costly legal actions.

Overall, our legal team has extensive experience with all of the above points and if you do require advice, please do not hesitate to contact Nicola, Sharan, Richard or Peter (our commercial property solicitors) at any one of our five branches.

Head Office: 01628 496687

Beaconsfield: 01494 672661

Henley: 01491 574203

High Wycombe: 01494 450361

Marlow High Street: 01628 477808

Or Email:

enquiries@b-legal.co.uk

The Company and Commercial team at B Legal commonly assist Clients looking for the perfect premise for their business. We understand that there are many aspects to consider when securing a property for your business and below is some handy advice to keep in mind.

Location, Location, Location:

Finding a great location can be the key to the success for some  businesses today but the location is not the only matter you should consider.  Whether you are buying a freehold property or leasing a property, you should always ensure that a survey on the condition of the property is undertaken.

A good survey is the only way of safeguarding yourself against any unexpected costs of repair.  Furthermore if you are leasing premises your surveyor may actually undertake negotiations on your behalf with the Landlord’s surveyor in respect of any repairing covenants in the lease and advise you what is considered acceptable.

Utility Bills:

You should also inspect the property very carefully and ask questions to ensure that all utility meters are taking separate measurements for the premises or part of the premises you are leasing.

It has been known for some individuals, who haven’t checked, to find out that they are paying for the use of services of a part of the building that they did not let or who have discovered that a shared meter will make it impossible to determine who should pay for what. Both are examples of issues that could have been clarified before entering into any agreement connected to the premises.

Limiting Your Responsibility:

If you are leasing premises and the Landlord requires a full repairing and insuring lease, you should negotiate that a photographic Schedule of Condition is attached to the Lease. Therefore all defects apparent during a survey are detailed in a report and the present condition of the premises is represented by a series of photographs fully documenting the state of the property at the time of leasing.

Taking these precautionary steps will ensure that your future repairing obligations are limited to maintaining the property in its present state.  This may be especially important if the premises have been leased before or it is an older property or in a bad state of repair.

Terms and Conditions:

Once Heads of Terms have been drawn up by the agents, it can be difficult to renegotiate such terms even on the best advice from your surveyor or solicitor.  Therefore it is best to ensure that you have the best possible terms from the outset.

If you taking a new lease or in some instances an existing lease, do not be shy or intimidated by an agent, negotiate the best possible terms to ensure that you start your business in the best possible way.

In today’s tough economic trading conditions and the triple dip recession, this is your best opportunity to obtain sensible terms with the Landlord from the outset, especially as the rent will be one of the main overheads of any business. Therefore if possible, negotiate rent free periods whilst fitting out the premises and/or request a tenant’s break clause without any conditions.

Break Clause:

A tenant’s only break clause will enable you to terminate the Lease after a set period, usually half way through the lease term, if the business is not successful.

Be careful to try and ensure that any new lease that you intend to take of business premises is within the security of tenure provisions of the Landlord & Tenant Act 1954. This will provide you with security and ensure that the Landlord will have to offer you a new lease when the present lease expires.  In this way any goodwill that you build in your business from its current location will be retained.

Here to Help:

Overall, our legal team has extensive experience with all of the above points and if you do require advice, please do not hesitate to contact Nicola, Sharan, Richard or Peter (our commercial property solicitors) at any one of our five branches:

Head Office: 01628 496687

Beaconsfield: 01494 672661

Henley: 01491 574203

High Wycombe: 01494 450361

Marlow High Street: 01628 477808

Or Email:

enquiries@b-legal.co.uk

One of the biggest misconceptions in family law is that there is such thing as a common law husband or common law wife.  No matter how long you live together with your partner you do not acquire or accrue any rights.  In 2007 the Law Commission called for new legal rights for people living together in long-term relationships but the government has not yet stepped in to change the current law and it appears unlikely to do so in the near future.  The fear is that such a change in the law may undermine the institution of marriage but some would argue that the injustice created by the present situation calls out for something to be done.

The recent case of Pamela Curran and Brian Collins serves as a particularly striking example of the unfairness that can be created by the current law.

The couple, who had been together for 30 years, lived and worked together at the Kennels and Cattery bought in Mr. Collins’s name in 2007.  They split in 2010 and a county court judge ruled that Ms Curran had no right to a share in the business, or in the home where they had lived, effectively leaving her penniless.  The judge stated that he had no other option but to ignore his “human sympathies” and “apply the law” as he saw it.

Miss Curran said she had ‘trusted’ in her partner that, in the event that they split up, she would be given a ‘fair share’ of the property and business.

Ms Curran has now been allowed to appeal against the decision, as Lord Justice Toulson recognised that ‘Sadly, the appellant found herself in the classic position of a woman jilted in her early 50s, having very much made her life with the respondent for over 30 years.  The law of property can be harsh on people, usually women, in that situation.  Bluntly, the law remains unfair to people in the appellant’s position, but the judge was constrained to apply the law as it is’

However, in order for her appeal to be successful, Ms Curran will have to show that the couple originally intended for her to have a share in the property and business which was originally purchased for £750,000.

The current law provides that when an unmarried couple separates, each party retains the assets which are held in their names.  To contest this, the party whose interest has been undocumented will have to go through the costly struggle of establishing that there was a joint intention for them to have an interest.

In 2007 the office of national statistics reported that there were 4.5 million cohabiting adults, a figure likely to rise.

If you are not married drawing up a Cohabitation Agreement or declaration of trust upon purchasing a property or a business with your partner can protect your interest, provide certainty and should not harm your relationship if you approach it in the right way. You should avoid looking at the agreement simply as a prediction that the relationship will at some point break down. Instead, you can use the preparation of drawing up the agreement to work through some of the key issues and make some key decisions in your lives together.  If sensitively handled, this process can strengthen a relationship and avoid unmarried partners potentially ending up in the situation Ms Curran’s finds herself.

If you would like more advice  or wish to discuss your own situation then please contact Rachel Smith, Family Solicitor, on 01628 477 808 or rachel.smith@fendomdawson.co.uk to book one of our FREE 30 minute consultations.

As I wrote on my blog last month, “The Spanish property market is on its knees”, Spanish property prices are down month on month;  and as a result it is attracting growing interest from foreigners looking for a second home in warmer climes.

Here are some points to consider if you are thinking about buying a property in Spain.

Inspect the property carefully. It is advisable to do this several times so that you can effectively check for cracks, damp, leaks or any other defects. If upon close inspection you are satisfied with the property then you should ask the vendor to provide you with all of the following documents:

1. Public property Deed, (Escritura de Propiedad) along with an updated office copy entry issued by the Land Registry to confirm that the vendor is listed as the owner of the property and it is sold free of charges. In other words, this document will verify that there are no mortgages, burdens, seizures or other limitations on the property.
2. The last receipt of payment of the local rate tax IBI (dwelling tax). The property must be up to date in the all the taxes issued by the Town Hall, such as rubbish collections and Dwelling tax, IBI.
3. Certificate of Habitation, also called “Licencia de primera o segunda ocupacion”. This is a document which is issued by the Town Hall confirming that the property is ready for habitation, in other words that the construction of the property has been approved by the Spanish Authorities.
4. The last receipts of payments for water and electricity and the supplies services contracts.
5. Certificate issued by the Manager of the Community of Owners confirming that the property is up to date in the payment of maintenances fees. You should ask as well for the Statutes of the building and the community costs.
6. Energy Performance Certificates (EPCs) Front January 2013 Energy Performance Certificates (EPC) are implemented by law at national level and cover all type of buildings. Consequently the owner of the flat, not the Community of Owners, needs to provide the buyer with the Energy Performance Certificate (EPC) if they wish to sell it.
7. If you are buying the property furnished, you must obtain a complete list of furniture and even photos of the most important pieces on the inventory.

If you decide to invest in a property in Spain, it is always advisable to count on the knowledge, support and experience of an independent Spanish lawyer, to look after your interests.

Therefore, when you embark on buying a property, ensure that all legal requirements are fulfilled and that the Sale contract is drafted securing your rights and protecting your interests.

Should you have any queries please do not hesitate to contact Susana Diez Urquiola, our Spanish Lawyer at B Legal Limited on  susanad@b-legal.co.uk or 01494 687837 for a free initial consultation.

Susana has been working in the UK for the past 20 years and is registered with the Law Society as a European Solicitor and is also a member of the Bilbao Bar.