LEGAL SERVICES FOR YOU                                                             February 2025 | AshtonsLegal.co.uk

Private Client Insights

Welcome to our 'Private Client Insights' newsletter! This issue offers updates on keeping an updated Will, divorce vs separation, and planning permission on French properties. We also introduce you to a member of our team, Wendy Parks.

Hot off the press! The importance of making a Will

You may have seen in the news recently that The Wanted star, Max George, claims he wrote his Will on his mobile phone after fearing the worst before heart surgery. Sadly, he is not alone, as research shows that 56% of UK adults have never made a Will, whilst 11% of UK adults have an outdated Will which no longer reflects their current wishes. Does this sound like you?

Despite Max’s best efforts to sort his Will before surgery, his Will would not have been valid on death as he had not signed his Will in “wet ink” in the presence of two independent adult witnesses. Should the worst have happened, Max’s estate would have passed under the Rules of Intestacy. Thankfully, that was not the case for Max, and he can now arrange to make a legally binding Will, but this brings us to consider the top 12 reasons for making a Will.

Top 12 reasons for making a Will

1. You can choose who you wish to appoint as your Executors. Executors are legally responsible for managing your estate after your death, following the instructions outlined in your Will. By creating a Will, you can choose the person or people you believe are best suited for this responsibility. You may decide that a professional Executor is the most appropriate choice for this role.
2. If you have children under the age of 18, you can appoint Guardians to take care of your children should both parents die. These are individuals who you feel are most suitable to take on this role rather than individuals picked by the Courts.
3. You can choose the beneficiaries of your estate and can include gifts of specific items, for example, family heirlooms, to ensure this stays within the family on death.
4. You can include monetary gifts known as pecuniary legacies to any individuals you choose. This could also include gifts to charity.
5. If you are unmarried, a Will can provide protection for your partner as they would not inherit any part of your estate under the Rules of Intestacy.
6. You can include funeral wishes to give guidance to your relatives as to your wishes on death. These could consist of cremation, burial arrangements or organ donation.
7. A Will can be prepared to make sure all tax-free allowances are maximised, helping to minimise the amount of Inheritance Tax paid.
8. Wills can be drafted to include Trusts to protect your property from any third-party claims and ensure the wealth passes to your loved ones upon death.
9. If you have digital assets, you can designate a digital manager to oversee them for the benefit of your loved ones. Digital assets may include online bank accounts, PayPal accounts, and cryptocurrency holdings like Bitcoin.
10. You can include provisions for any pets you have on death by choosing individuals to look after them rather than taking them to a rescue centre for rehoming.
11. Failure to make a Will can cause your loved ones a lot of unnecessary stress on your death.
12. Making a Will can reduce the chances of a family dispute on your death as your wishes will be clearly set out in writing.

Separation, Divorce and Dissolution of Civil Partnerships

The breakdown of any relationship is always difficult and a divorce or dissolution of a civil partnership is rarely painless.

Divorce or dissolution is an application to the Court made on a standard application for Divorce or Dissolution and will only be granted by a Court if it is satisfied that the marriage has irretrievably broken down and that there is no chance of reconciliation. All applications for divorce or dissolution are made remotely via an online government portal.

The procedure for divorce or dissolution of a civil partnership is now identical and there is no differentiation between either. The legal terminology has changed and divorce and dissolution are one and the same. It used to be commenced by issuing a Petition, but this is now simply called an Application.

Aside from divorce or dissolution, legal separation could be considered. An application could be made to the Court for Judicial Separation, but this is incredibly rare because the procedure itself is identical to a divorce. It attracts the same cost implications (the court fee) and is only really used for religious reasons.

Planning Permission complications when buying a house in France

Question: We have just made an offer to buy a house in south-west France. We have seen the registered plan, but this does not show the swimming pool. I have seen other property plans where pools are marked, so I am not sure if this is a problem. We understand that the pool was there when the sellers bought the house, and they say that they have not had any problems. Should we be worried?

When buying a property, it is of course prudent to carry out suitable due diligence, to ensure you are fully aware of any potential problems and any consequences that may arise. An inspection of the land registry plan and title documentation should help.

The installation of a swimming pool would usually require planning permission or, at the very least, a declaration of minor works. If you are unsure what level of planning consent is required for any form of development work you should speak to the Mairie, or to a planning expert.

When the local authority considers any application, they will look to the local planning rules and other issues to check whether any administrative provisions would render the request impossible. These local rules will include planning zones, which set out what is permissible and where. For example, if a property is situated in an agricultural zone, it is likely that any development will be particularly restricted. This may not necessarily mean that a pool would not be allowed, but it will be important to check.

Is it time to check your Will and make sure your affairs are in order?

The last thing that anyone wants to do is leave their loved ones with a mess to unravel when they die. Making a Will is just the first step in ensuring that this is not the case, and the New Year is a good time to get it sorted.

We would recommend that you regularly review your Will, particularly if your personal or financial situation has changed, to check that it still meets your wishes. These changes can include things like:

• have you or a beneficiary recently got married or divorced?
• has your family welcomed any additional children or grandchildren – do you need to appoint guardians?
• have you been lucky enough to win the lottery?
• have you received an inheritance?
• are the people you have chosen as executors still appropriate?

It is also important to ensure that your Will continues to be as tax efficient as possible after any budgetary changes, such as the recent restrictions which are being introduced in relation to agricultural property relief and business property relief.

Don’t panic, but do start planning

Farmers perhaps do not need advice from an investor about what to plant or sow, nonetheless, a reminder to look and forward plan at this time of change and uncertainty in the agricultural world is not a bad reminder, as the actions taken now are going to make all the difference to future generations of family farms and farming families.

The nature of the changes to the industry brought in by the recent Budget are well documented so are not covered in any detail in this article. It feels impossible not to acknowledge, however, the full extent of the blow to farmers on all sides, some of which only emerged in the small print following the Budget. Not only the reductions to Agricultural Property Relief and Business Property Relief on all assets (not just the land), but also gradual tapering of Basic Payment Scheme payments being replaced with dramatic cuts, with many farms having their budgets for the next financial year slashed by tens of thousands of pounds without warning.

The focus of this article is therefore on what can be done at this stage to look to regain some stability. The Country Land and Business Association (CLA) has confirmed that the changes relating to Inheritance Tax (IHT) reliefs will need enacting via the new Finance Bill before they are effective. All current thoughts are therefore subject to what the draft legislation looks like and the nuances of the technical detail. Only once this has been clarified in the new legislation can the potential impact on each individual and business be fully assessed and then, hopefully mitigated against.

Please remember that Ashtons Legal is available to assist you and your business with our full range of business, individual and injury law services including commercial and residential property, corporate advice, dispute resolution, family law, estate planning, personal injury and medical negligence. 

We Can Help You

For specific advice for you, your family or your business, please get in touch with us by calling 0333 034 8469 or email enquiry@ashtonslegal.co.uk.

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