The Deputy will have to provide medical evidence to the court to prove that the person to whom the application relates has indeed lost their mental capacity. This is done by sending a standard COP form to the doctor of the person for completion. If the court agrees that the person lacks capacity, an order will be granted appointing the Deputy and this will also set out the authority given to them by the COP together with the limitations.

The court fee payable for the application at the time of writing is £100.00 and the payment must be made by the person seeking to be appointed as a Deputy from the funds of the person to whom the application relates. This fee is for the placement of the Deputy’s name on the Register and for the court to carry out a risk assessment. There will thereafter be supervision fees payable to the court annually. The court will decide what level of supervision is required and allocate the matter accordingly. You should also note that there may be a doctor’s fee to pay, together with the solicitor’s fee. The solicitor’s fee is fixed by the court and it is payable when the Court Order is made.

As a Deputy, you must carry out your duties and adhere to the principles set out in the Mental Capacity Act when making decisions and you must ensure that you act in the best interests of the person to whom the application relates. You are under an obligation to provide a yearly account to the court; therefore you must ensure that you keep accurate records of all your dealings in respect of the financial affairs of the person on whose behalf you are acting.

Please contact us here at Paul J Watson, Solicitor in Middlesbrough for Court of Protection applications. We will be able to answer any of your questions and assist you in the making of your application. You can also visit the Court of Protection’s website at http://www.publicguardian.gov.uk/decisions/deputy-roles-responsibilities.htm and http://www.publicguardian.gov.uk/about/court-of-protection.htm for further guidance.

Powers of Attorney are important tools which assist should the above circumstances arise. The Law in relation to Powers of Attorneys changed on 1st October 2007 and Enduring Powers of Attorney (EPA) can no longer be made or altered, although existing ones made prior to the change in the law are still valid and are capable of registration. You can revoke an existing Enduring Power of Attorney but you will not be able to create a new one.

The new form of Power of Attorney is the Lasting Power of Attorney (LPA); this has now been divided into two separate documents. The Property and Financial Affairs which allows the donor to choose the people whom he/she wishes to make decisions on his/her behalf in relation to their property and monetary matters and the Health and Welfare LPA, which allows the donor to choose who will act in relation to his/her health i.e. medical needs, where they would live in the future etc.

The forms give the donor the opportunity to have one or more attorneys together with one or more replacement attorneys should your original attorneys become incapable of acting. The donor can also lists the number of people whom he/she would like to be notified when the document is eventually registered at the Office of the Public Guardian.

There is a major change to the new LPA; this is the requirement to have a Certificate Provider. A Certificate Provider is someone who is independent and who confirms that the donor understands the significance of the LPA. This person must have known the donor for two years or have the relevant professional skills; therefore the donor’s doctor or solicitor can be a Certificate Provider. If the donor has chosen to give notice of the registration on the LPA form, then only one Certificate Provider is required, however, if there are none, then two Certificate Providers will be required.

If you require a Power of Attorney in the short term, we can assist you with the preparation of a General Power of Attorney (GPA). This kind of Power of Attorney is valid for 12 months and would be beneficial if you live or work abroad or you are unable to make decisions due to unforeseen circumstances and you would like to appoint someone else to do so on your behalf whilst you are away.

The current fee for the registration of an existing EPA is £120 and for the LPA is also £120 for the registration of each LPA document. You can find further information on the Office of the Public Guardians website at http://www.publicguardian.gov.uk/arrangements/arrangements.htm .

A GPA does not require registration.

Contact Paul J Watson Solicitor Middlesbrough for straightforward legal advice on Lasting Power of Attorney and General Power of Attorney.

We appreciate that this process can be daunting and quite understandably causes some distress and anxiety, that is why it is important that you are guided and assisted through it.

There are stages which must be completed before a marriage is dissolved, we hope that this guide will give you a general overview of the process.

There is only one ground for divorce and that is that the marriage has irretrievably broken down. This will then need to be proved by one of the five facts, namely:- adultery, unreasonable behaviour, desertion, two years separation with consent and five years separation without consent. You must have been married for a year before you can bring a petition for divorce.

 The divorce petition is drafted and forwarded to the Court  together with the Court fee of £300.00, your original marriage certificate and a form titled Statement of Arrangements for Children (if there are any children of the family). This form sets out what arrangements will be made in respect of the children, where they will live, any contact arrangements, their school etc. and the petition is then issued and given a matter number in order to assist the Court in identifying the matter when enquiries are made. 

 The Court then forwards the petition to your husband/wife and they will be given seven days from receiving the papers to acknowledge service. Your husband/wife will need to complete and return the Acknowledgement of Service to the Court.

 Please note that if your husband/wife wishes to defend the petition, they must do so within 28 days of receiving the divorce petition.

 The Court will forward a copy of the Acknowledgement of Service to you or your Solicitor  and then an Affidavit will be prepared on your behalf which is a sworn statement proving the contents of the divorce petition. The Affidavit can be sworn at no cost at the Court or before another Solicitor for a small fee.

 The Affidavit is then filed at Court together with a request for a date for the pronouncement of the Decree Nisi which is the first stage of obtaining the divorce.

 After the pronouncement of the Decree Nisi, there is, in accordance with the law a minimum of six weeks from the date of the Decree Nisi for the marriage to be dissolved by the pronouncement of the Decree Absolute.  The same principle applies to the dissolution of Civil Partnerships.

 You may be eligible for Legal Help to assist with your divorce and you may also apply for a fee remission or fee exemption in respect of the Court fees but this is also subject to eligibility.

 If we can be of assistance to you, please contact Paul J Watson Solicitor and we will be happy to help.

• Index
• Sale Statement
• Energy Performance Certificate (EPA) or Predicted Energy Assessment (PEA)
• Evidence of ownership/deeds i.e. Official Copy of the Register & Plan in registered land or an Epitome of Title and corresponding documents in unregistered land.
• Local Land Charge Search, with fully answered questions and not indemnity insurance.
• Water & Drainage Search, with fully answered questions and not indemnity insurance.

From 6^th April 2009, the Pack must also contain a Property Information Questionnaire for all properties and sustainability information (new homes only).

From 6^th April 2009, all these documents must be available from the seller before they can begin marketing the property, with the exception of the search results.  Sellers will have up to 28 days to provide the search results, as these can take longer to obtain.

The searches provided with many Home Information Packs are often out of date.  Search results are only considered “up to date” on the day the search is actually undertaken; however we usually suggest that searches 2-3 months out of date should be undertaken again.  Unfortunately, there is no onus on the seller to provide you with up to date searches and this is something you would have to pay for yourself.

Searches must be redone if they are more than six months old on the date of completion.

A further issue with the search results is that very often, the searches have been undertaken by private organisations, rather than the relevant statutory bodies.  The reason for this is financial; personal searches are cheaper and so the seller saves money on the HIP.  Some lenders will not accept this type of search at all, and if you choose one of those lenders, such as the HSBC, then expect to have to pay for your own searches through the relevant statutory bodies.

The personal searches also carry an element of risk, in that they are very often nowhere near as thorough as those searches undertaken by the statutory bodies.  You are reliant upon the skill and diligence of the person attending the offices to undertake the search.

Paul J Watson Solicitor provide HIPS at a starting price of £295. plus VAT, with online access and form completion.  Call us for details on 01642 293427.

The Valuation Report

When buying a house with a mortgage, this report is obtained by the mortgage lender. A valuer will visit the property to give a basic opinion to the lender as to whether or not it is sufficient security for the loan you have applied for i.e. whether on consideration of the value and condition of the property, it is worth the mortgage lender making a loan to you secured on the house.

You should not rely merely on the valuation report when reaching a decision on whether or not to proceed with the purchase, whether it is adequate for your needs and whether its condition is adequate. The exception is in the case of a new build property which has the benefit of an NHBC Certificate and has been built within the last ten years. You can find more information about the NHBC Scheme at www.nhbc.co.uk

The Home Buyer’s Report

This is a more detailed report, which usually costs around £500.00. The surveyor prepares a more detailed report for you, indicating matters requiring urgent attention or that may require attention in the future. This report is prepared on your behalf, rather than for the benefit of the mortgage lender.

People often think that they have had a survey done if they have simply had a valuation report undertaken; however, please remember that a valuation is just that; it is undertaken for the mortgage lender to ascertain lending value.

You should arrange for your survey as soon as a firm offer has been accepted by the seller and ensure that you receive the results before

If your surveyor does spot a potential costly problem, such as extensive woodworm, damp, wet rot etc, then you might be able to negotiate a reduction in the purchase price to take repairs into account. In this way, the survey can pay for itself. Bear in mind that the seller is not legally bound to tell you about any structural problems; it’s up to you as the buyer to find them. Are you likely to be able to find them yourself? Most would answer “No” and this is why the survey is so important.

Make sure you read the small print though; the surveyor may not inspect unexposed or inaccessible areas, for instance below the floorboards or the roof space.

The full structural survey

This is the most expensive type of survey and obviously, the most detailed. Most people are put off by the cost of this type of survey but when buying a house, surely it is better to know what you are letting yourself in for before proceeding.

There are circumstances when full structural should always be undertaken;-

1. If the property is more than 80 years old.
2. If the property is of high value.
3. If you plan to alter the property structurally.
4. If the property is not of standard construction, in poor condition or in need of renovation.
5. You are paying cash for the property, or you are obtaining a small mortgage.
6. The property is in close proximity to features that may cause subsidence or other structural problems i.e. mines, filled-in gravel pits, rivers, or vibration damage from railways or aircraft.

This type of survey in theory gives the true state and condition of the property but again, make sure you read the small print for exclusions.

Please contact Paul J Watson Solicitor for further advice on choosing a survey.

Choosing Joint Tenants or Tenants in Common

When two or more people (limited to a maximum of four) buy property together in England or Wales, they have to decide how they are going to “hold” the property.  There are two ways in which property can be held where it is intended that the buyers alone are to have the benefit of the property and the right to share in the proceeds of sale when, in due course, it comes to be sold.  If it is intended that some third party will also share in the property, please let us have details at the earliest opportunity.

The difference between these ways of owning the property has a major effect on what will happen when the property is sold or if one of you dies during your ownership of the property.

The legal term used for the way of jointly owning property includes the word “tenant” which simply means “owner”.

It is possible to change the way in which property is held at some time in the future however; you will avoid the need for further expense if the choice which you make at the outset is the right one. It is appreciated that changes in circumstances might dictate the need to change this at some time in the future, in which case consult us at the earliest opportunity.

JOINT TENANTS OR TENANTS IN COMMON?

TENANTS IN COMMON: -

All parties will still have legal interests in the property and all parties will need to sign the sale documents before the property can be sold.  However, instead of you all owning the whole of the property, the value of the property will be divided between you.  You may agree to have the property in equal shares, even if one of you is paying more than the other(s) towards the running or purchase of the property.  Alternatively, if you are not making equal contributions to the property, you can decide to own the property in unequal shares so that if it is sold, the sale money will be divided in the shares you agree now.  On the death of any of you, when the property is sold, the proceeds will be shared in the agreed proportions between the remaining owner(s) and the estate of the deceased party.

If you choose to hold property as Tenants in Common, you may do so either in equal or unequal shares.  So for example, where one person has paid 75% of the purchase price and the other just 25%, they may agree that their respective shareholding in the property will reflect that imbalance. If you are considering holding the property in this way, be sure to take into account the value of the mortgage repayments and other outgoings in respect of the property. If it is intended that these will be paid equally, you might consider that it will be fairer for these to be taken into account when assessing the entitlement to the share in any profit which may be made, or loss incurred, when the property comes to be sold. You are advised that the Courts may have the power to override any arrangement where it appears to them that it does not fairly reflect the amount contributed by either party.

Tenants in Common is often seen as being the right choice for people who are embarking upon a new relationship together or where either party wants to ensure that children from a previous relationship should inherit their share in the property.

Where it is decided to hold the property as Tenants in Common, you must let us know as soon as possible. Subsequent changes in your circumstances which make it desirable to change Tenants in Common into Joint Tenants (where all Tenants agree) can be dealt with by us.

JOINT TENANTS:-

All parties will hold together the whole of the property as one legal person and are each entitled to an equal, undivided right in the property and its proceeds of sale and any liabilities arising out of its ownership.  If the property is sold, the transfer will have to be signed by all of you in order to be valid.  The money arising from the sale of the property will be paid to all of you as one sum, or as you may request. If one of you dies, the remaining owner(s) automatically becomes the owner(s) of the property entitled to deal with it as they please and if sold, will receive all of the sale money.

This is the most common way in which property is held, particularly by married couples and those who are in a long-standing stable relationship and where both/all parties are to contribute, whether financially or otherwise, to the cost and expense either of buying the property or of maintaining and repairing it and/or paying a contribution towards the mortgage repayments.

Property held in this way can only be sold by consent of all the joint tenants. If there is a change in circumstances which results in one joint tenant wishing to sell and the other(s) refuse(s) to do so, it will be necessary, at that stage, to “sever” the joint tenancy in order to convert to a tenancy in common. Whereby the person wishing to sell can, ultimately compel his/her co-owner(s) to join in the sale.  If these circumstances ever arise, it is important to contact us at the earliest opportunity.

GENERALLY:-

It is usual for Married couples to hold as Joint Tenants. They may wish to consider owning the property as Tenants in Common where they are wealthy and undertaking a series of tax planning measures. There are occasions when it is prudent for only one of a married couple to own a property either for tax planning or, where one spouse may face unlimited personal liability for example is a partner in a business or has given personal guarantees for the liabilities of a Limited Company. It may also be advisable to do this where one party buys a property out of assets owned prior to marriage or commencement of the current relationship.

Where the parties are not married they usually hold as Tenants in Common – either equally or in the shares that they agree (which normally relates to their contribution to the property price).  If you agree to hold as Tenants in Common it is important that you have a separate trust deed specifying the respective financial responsibilities and shares in the property.  We can advise you regarding this deed.  If any party were to die while a Tenant in Common their share in the property will form part of their estate – it will not pass automatically to their co-owner(s).

TENANTS IN COMMON – PROTECTING YOUR ASSETS

If you agree to hold as Tenants in Common you must now consider making a will, or review your existing will.

The main difference between Joint Tenants and Tenants in Common is that Tenants in Common may leave their respective shares in the property by Will to someone other than their co-owner(s) when they die; in the absence of a Will, the share will pass to a member of the deceased tenant’s family, in accordance with the rules of intestacy.  In this case, it is particularly important that you make a Will at the earliest opportunity, following your purchase of the property

Paul J Watson Solicitor can provide you with advice and a Will drafting service (see our separate section – Wills).

New regulations apply to replacement windows and doors installed since 1st April 2002.

Replacement windows, rooflights, roof windows and glazed doors (more than 50% glass) have to comply with FENSA Regulations/Building Regulations.

Either a FENSA Certificate or Building Regulation Approval/Completion Certificate should be available for any such works.

Therefore, if you believe that there have been any such works, then you need to tell us, in order that we can check with the seller/their solicitor that such documents are available.  Copies of the relevant documents would be provided to us, and the originals upon completion.

You can find more information from the Building Control Department of your local Council or by visiting www.fensa.co.uk.

The FENSA site has a free search facility where you can enter the postcode of the property and check whether or not FENSA Certificates are available for your particular proposed property.

The significance of this issue is that any such financial charges must be paid off by the seller on completion.  The object of the search is therefore to protect the buyer and the buyer’s mortgage lender.  The latter requires that it should have the first registered financial charge against the property.

This search is undertaken in every case, whether or not you are buying with the benefit of a mortgage.

This search has to be made in all cases when you are buying unregistered land i.e. a property that has not yet been registered at HM Land Registry, if it is not provided by the seller’s solicitors with the draft contracts and supporting papers.

The search reveals whether the land or any part of it has already been registered and whether there is a pending application for registration.

This is relevant to a buyer to ensure that the seller is entitled to sell the property and has not already sold the property or any part of the land to another person.

According to a recent article published in the Law Society’s Property in Practice magazine, currently 2.2 million homes in the UK are classed as being at flooding risk (equal to 1 in 10 homes).

The GroundSure Flood Report is a risk screening report designed to provide an overview of whether a property lies within an area of potential or previous flood risk.  The data also takes into account flood defences and historic claims.

Living in a high risk flood area may decrease the value of your property and affect your insurance premiums.

Free flooding information is available to homebuyers at www.homecheck.co.uk and will indicate whether the property is situated in a likely flooding area.

This is only the most basic information and it would be prudent to have a flooding search undertaken on the property when buying a house.

The cost of this search and further advice regarding undertaking it can be provided upon request.