Private Client Insights

Welcome to our 'Private Client Insights' newsletter! This issue offers insights on co-parenting during the summer holidays, advice on handling finances during probate, an update on the EU Succession Regulation, advice on dealing with a Notice of Intended Prosecution, and a case law update on Hudson v Hathway. We also introduce you to a member of our team, Victoria Hall.

Co-parenting Summer Holidays: Essential tips for separated parents

Navigating co-parenting during the summer holidays can be tricky, but with a bit of planning and clear communication, you can ensure a smooth and enjoyable break for everyone.

In an ideal world, holiday arrangements would be discussed and agreed upon well in advance. However, if summer has crept up on you, do not worry – it is not too late. Having open communication is key to a harmonious co-parenting relationship. Try to work together to agree on a plan that will suit everyone, especially the children.

Once you have agreed on a plan, do your best to follow the plan to keep things clear and avoid misunderstandings. That said, life doesn’t always go as expected; unexpected events like delays or emergencies can arise. When they do, try to be flexible and keep communication open to handle changes smoothly and respectfully.

Never put your child in the middle of disagreements. Avoid asking them to choose sides, pass messages, or get involved in adult decisions. Let them enjoy their summer feeling secure, knowing their parents are working together peacefully.

If holiday contact often leads to disagreements, having a written parenting plan or court order can help clear things up and prevent future conflicts. Our team can support you by drafting or reviewing these documents to ensure everyone understands and agrees on the arrangements.

What is a Notice of Intended Prosecution? Dos and Don’ts

So, a letter from the police drops through your letterbox: a Notice of Intended Prosecution (NIP).

This is a formal notice informing you that the police are investigating a road traffic offence. The NIP is the start of a legal process, not a charge or a conviction.

A NIP is required for a number of common motoring offences, including speeding, dangerous or careless driving, failing to comply with traffic lights or traffic signs, failing to stop after an accident or report it, using a mobile phone while driving or leaving a vehicle in a dangerous position.

Acting promptly and understanding your obligations is crucial.

If you receive a Notice of Intended Prosecution, it is important to check the date of the alleged offence and when the notice was issued. You must respond within 28 days and ensure the information you provide is accurate. You must not ignore the notice. You should not guess who was driving – if you are unsure, you must make proper enquiries and not provide false or inaccurate information. It is relatively rare for it genuinely not to be possible to establish a driver’s identity.

Probate: Dealing with the financial affairs of someone who has died

Probate is the legal process that gives you the authority to collect a deceased person’s assets, settle their debts, and distribute what remains to beneficiaries. Most straightforward estates can be completed within a year, though delays with HMRC, property sales, or missing documents can push that considerably further. Understanding the key steps — and your legal responsibilities as executor — helps you avoid costly mistakes.

When someone dies, their financial affairs do not pause. Bills still arrive, direct debits still run, and institutions need formal notification before they will release anything. The sooner you get to grips with the process, the smoother things tend to go.

What does “dealing with the financial affairs” actually involve?

In practice, sorting out someone’s estate after death means piecing together a financial picture that the person themselves may never have fully documented. You might find yourself writing to banks, building societies, pension providers, and insurers — sometimes dozens of institutions — to establish exactly what existed and what it was worth at the date of death.

There is a logical order to things, though it does not always feel logical at the time. First, you need to identify all the assets and liabilities. That includes property, savings, investments, and personal belongings of value, but also mortgages, credit cards, and any outstanding tax. Then you apply for the grant of probate itself (or a grant of letters of administration if there is no Will). Only once you hold that grant can you begin collecting in the assets and paying what is owed.

One thing that catches people off guard is Inheritance Tax. If the estate exceeds the attributable allowances, which vary in themselves, typically, you need to pay at least some of the tax before the grant is issued. That sometimes means families borrowing against the estate or using the Direct Payment Scheme to release funds from the deceased’s bank account to cover the bill. It is not intuitive to pay tax before you have access to the money, but that is how HMRC operates.

EU Succession Regulation Update: What you need to know

The EU Succession Regulation (No. 650/2012), also known as Brussels IV, came into effect on 17 August 2015. Its ultimate aim is to simplify cross-border successions by having one single succession law apply across the EU (excluding Ireland and Denmark, which did not opt in). Whilst the UK is no longer a Member State, the Regulation still has ramifications on UK estates with cross-border elements connected to the participating States.

The Regulation, as the name suggests, applies to all forms of transfers on death under a disposition of property upon death (e.g., a Will or any other dispositions as to succession) or through intestate succession. Matrimonial property regimes, lifetime gifts, and the creation, administration, and dissolution of trusts are excluded from the Regulation.

Choice of law and types of Will

Where a choice of law is made within a Will, we are often asked whether it would be preferable to have one single Will covering the testator’s worldwide estate, or one Will in each jurisdiction. In truth, there is no ‘one size fits all’ response to this, and each option has its own pros and cons which should be assessed and discussed in advance of any Will preparation.

For individuals with Wills in more than one jurisdiction, it is advisable to review all the Wills to ensure that they do not inadvertently contradict or revoke each other.

However, regardless of which option is used, the election of foreign law will inevitably add complexity to the administration of the estate, which can increase costs and administration timescales. Whilst most of these hurdles can be overcome, it remains sensible to consider all other available options as part of a thorough analysis of the individual’s estate planning situation and needs.

A development or clarification of Hudson v Hathway?

Ashtons Legal was previously instructed in the landmark case of Hudson v Hathway, which concerned a constructive trust over a family home. In 2022, the Court of Appeal found that email communication, where signed by the sender, may be sufficient to meet the statutory requirements of s.53(1)(c) Law of Property Act 1925.

The January 2026 judgement of Maxine Reid-Roberts & Anor v Hsiao Mei-Lin & Anor has sought to test the Hudson v Hathway principle.

The recent case centres on a divorced couple, in which a week before the final hearing in the Family Court, the husband was made bankrupt and was deemed to owe some £2.5 million.

The wife sought to challenge the High Court’s 2024 hearing, which declared that she owned only 50% of the family home and ordered her to sell it in 2032 once her children were adults. This would enable part of the sale proceeds to be freed up for her husband’s creditors.

The wife attempted to rely on an exchange of WhatsApp messages that occurred prior to the bankruptcy proceedings as evidence that she was the sole owner of the property and that it should not be considered in her husband’s bankruptcy proceedings.

Upon consideration of the messages, the Court held that even if the content was sufficiently clear to be read as the husband transferring interest, which it was not, the WhatsApp messages themselves did not meet the statutory requirements of s.53(1)(a) or (c) of the Law of Property Act 1925. In contrast to Hudson v Hathway, where an email signed by the sender was found to be sufficient, the Court found here that the name in the header of the WhatsApp message was merely incidental to the message and only enabled the sender to be identified. It could not be said that the name within the header amounted to a signature. The wife was ordered to vacate the property by July 2027.

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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