Life Interest Trusts in Wills
What is a Life Interest Trust? A Life Interest Trust is a Trust included in your Will and can be a way, in certain situations, of protecting your share of your house for future generations after you
Who takes care of unaccompanied minors when they enter the UK?
Unaccompanied minors are children who enter the UK and may be seeking asylum under the Refugee Convention and may also be known as ‘unaccompanied asylum-seeking children (UASC). These children may experience a number of forms of harm
World Suicide Prevention Day
10th September 2022 – World Suicide Prevention Day #WorldSuicidePreventionDay Suicide and mental health are often seen as taboo topics and something that people are often scared to talk about. This stigma around mental health and suicide needs
Freehold vs Leasehold
When purchasing a property in the UK, the property can be either freehold or leasehold. The two are quite different and it is important to understand the differences when searching for a property to buy. Here at
Pensions and Life Insurance Policies?
When making or reviewing your Will and your Inheritance Tax position, considering how you hold your pension and Life Insurance Policies is very important. At Johnson Astills, we provide a comprehensive Will writing service and place great
What is an Emergency Protection Order (EPO)?
An Emergency Protection Order (EPO) is a time limited protective order for emergency situation whereby there is reasonable cause to believe that a child is likely to suffer significant harm on 3 grounds: The child is not
Can my children live with their grandparents if I am not able to care?
When the Local Authority have concerns surrounding a parent (or carer’s) care of a child then the Local Authority may complete an initial viability assessment of the capability of any wider family members or friends to provide
The Dangers of ‘self-help’ Financial Disclosure
Acrimony and Hostility between parties in divorce and finance proceedings can often give rise to a lack of trust in the financial disclosure submitted by the opposing party. In some cases, this can cause many a mistrusting
Things to know when Selling your Property
Selling your property, although may sound straightforward can often become prolonged and complicated. Not all transactions are the same due to several reasons but here at Johnson Astills, we are here to make the journey as smooth
Johnson Astills: an Award Winning ‘Team of Fabulous Women’
Johnson Astills: an Award Winning ‘Team of Fabulous Women’ https://www.leicestermercury.co.uk/special-features/johnson-astills-team-fabulous-women-7346956
Regional Legal Aid Firm of 2022 at the LALYs!
‘A Team of Fabulous Women!’ and ‘Leicester Legal Aid Legends’: Johnson Astills declared the Regional Legal Aid Firm of 2022 at the LALYs! What are the Legal Aid Lawyer of the Year Awards (LALYS)? On Tuesday 12
National DoLs Court is being launched at the Royal Courts of Justice
DoL stands for ‘Deprivation of Liberty’ and means that a person’s freedom is taken away from them. Being deprived of liberty will mean that a person is under continuous supervision and control and is not permitted to
Things to Look out for when Buying a New Build Property
A New Build Property is a property that has never been lived in before and has been recently constructed. Buying a New Build property is different from buying an older property, so it is important that you
New Domestic Abuse Offences as of 7th June 2022
Section 70 Domestic Abuse Act 2021, introduced offences of non-fatal strangulation and non-fatal suffocation, these offences came into force on 7th June 2022. What is the offence of strangulation or suffocation? The legislation states that a person
What can I do as an executor to make sure I find the most recent Will and details of all assets and liabilities in an estate?
If you are acting as an Executor or Administrator you have a legal obligation to ensure you have found and dealt with all of the assets in the estate of the deceased and that you are proving
Sentencing for sexual offending involving a “sting” operation
From 31st May 2022, the sentencing guidelines for child sexual offences where no child existed or is harmed will be revised. What are the changes? The new guidelines coming into force provide Judges and Magistrates with guidance
Sexual Offences & Sexsomnia (Sex while you sleep)
WHAT IS SEXSOMNIA? Sexsomnia is sexual behaviour while asleep. It is recognised in both sleep disorder and psychiatric classifications. Sexsomnia occurs when the brain is disassociated or partially disassociated and covers a wide range of sexual behaviours.
Blood Alcohol Testing: Is PEth is leading the way?
You may be asked to engage in blood alcohol testing. This has now become an essential part in providing an insight into an individual’s alcohol consumption and providing an evidential picture within proceedings before the Family Court.
Tips for First Time Buyers
Purchasing a property is one of the most important decisions that you will ever make and doing it for the first time can be daunting. Here at Johnson Astills, we are here to make the journey as
WHAT WILL SHOW UP IN MY DRUGS AND/OR ALCOHOL TEST?
If the Local Authority has concerns about your suspected alcohol or substance misuse, they may well ask you to agree to be tested. There are several different ways to test for alcohol or substance use, each of
Angel Lynn – Coercive Control
Angel Lynn was in an abusive relationship with Chay Bowskill. On 17th September 2020, Angel was kidnapped by Bowskill. Bowskill was captured on CCTV chasing Angel down a street following an argument. He was seen to grab
What will happen when my child is ready to leave Local Authority care?
Once a Care Order is made at Court, this Order remains in place until a child reaches 18 years old. Once a child reaches adulthood, the Care Order will cease to have effect. The Local Authority have
Caught driving whilst using a mobile phone?
New legislation comes into force on 25th March 2022 that prohibits the use, while driving a motor vehicle, of hand-held mobile telephones or other interactive communication devices, when performing an interactive communication function. This widens the offence
No-fault divorce: Important dates
The no-fault divorce is to be introduced on Wednesday 6th April 2022. The Government have now published key dates, including cut off dates in relation to existing applications under the existing legislation . We have been notified
Putting Children’s voices at the heart of reform. A report by Dame Rachel De Souza, Children’s Commissioner for England January 2022
The report completed by Dame Rachel De Souza is dedicated to the children in care, who have voiced their experiences. These children have shared their thoughts and personal experiences in the hope that change can be brought
WHAT SPEED CAN I DO BEFORE I GET A SPEEDING TICKET?
The moment of dread. Did I activate that speed camera? Will I receive a ticket in the post? According to the latest official data 74% of all motoring offences are speed related and can be a major
What is Coercive Control?
Coercive Control is a form of abuse, as set out in Section 1 of the Domestic Abuse Act 2021. Controlling behaviour is defined as a range of acts designed to make a person subordinate and/or dependant by
Impact of divorce on Wills & LPAs
According to the latest figures the current rate of marriages ending in divorce in the UK is 42%. When going through divorce proceedings it is important to review and consider your Wills and Lasting Powers of Attorneys,
Almost 100,000 children could be in Local Authority care in England by 2025
The County Councils network (CCN) say more needs to be done to assist keeping families together. If this is not achieved soon, Local Authorities could spend up to £3.6bn more a year placing children in care by
What happens if my children are separated in foster care?
A BBC article dated 26th January 2022 shone a light on the separation of siblings upon children entering the foster care system. The article highlights that around 45% of sibling groups are split up into different placements
I have a meeting with social services, can a solicitor attend with me?
There may be lots of reasons why social services are inviting you to a meeting. For some of these meetings, you may be entitled to legal representation, meaning a solicitor can attend the meeting with you and
Are Local Authority Leicester City Council Children’s Services Department meeting the needs of families and their children? Update 2022
We previously wrote about the first Social Care Annual Report that was released from Ofsted in 2013. This report identified that a vast majority of Local Authorities were inadequate, and some child safeguarding services were struggling to
Many people will know that it is an offence to have an offensive weapon in a public place but did you know that it can be a criminal offence to have this in a private dwelling?
The increase in crimes of this nature has led to the implementation of the Offensive Weapons Act 2019 specifically Section 46. This came into force on the 14th July 2021. This section made amendments to the Criminal
No fault divorce: what is it?
The first working day of January is usually referred to as ‘Divorce Day’. This is because, historically family solicitors receive the greatest number of enquiries about starting divorce proceedings. This year, however, there is speculation that ‘Divorce
Plan to reform Human Right Act
The government established the Independent Human Rights Act Review in December 2020 to examine the framework of the Human Rights Act. The review looked at how it operates in practice and whether there was a need for change,
What happens if the police want to speak to me?
If the police wish to speak with you under caution it is extremely important that you understand your legal rights. Even if you are not under arrest or placed in police custody you still have the right
What does ‘risk of sexual harm’ mean?
In November 2021, the NSPCC confirmed that a record number of people had contacted their service due to concerns around child sexual abuse, with nearly 5,000 calls made within a 6 month period. There are concerns that
Police Targeting Drink Driving at Christmas
The Christmas season is coming… As the Christmas season approaches the party season gets underway. You may see Christmas drink drive campaigns starting to appear from local police forces, which will mean that once again police will
The Importance of Making an LPA
In a recent study sent to the Ministry of Justice it has found that during the pandemic there has been a significant reduction (26.5%) in the registration of LPAs for both Health and Care and Property and
International Day for the Elimination of Violence Against Women
Thursday 25th November 2021 marks the launch of the UNiTE to End Violence against Women campaign, consisting of 16 days of activism across the UN and concluding on 10th December, which will be International Human Rights Day.
What is a Life Interest Trust
A Life Interest Trust is created by a Will and is commonly used by married couples as a way of protecting each other’s respective share of the property on first death. Situations where this may be appropriate
What can I expect when I start divorce proceedings?
Deciding to start divorce proceedings can be a very overwhelming experience and you can often not know where to start. The following article explores the different steps involved in the divorce procedure and provides assistance on the
Time limit for charges for Common Assault
There is currently a six-month time limit for a charge to be brought against someone for common assault. The BBC recently revealed that 13,000 cases in England and Wales have been dropped in the last 5 years,
Social Services have asked me to sign and adhere to a Written Agreement and Safety plan, should I sign?
If social services have asked you to sign a safety plan for children or a written agreement, it is important to understand what these documents mean and the implications of signing them. These agreements are not legally
What is a Residential Assessment Unit?
Where concerns have been raised about a parent’s ability to provide safe care for their child, a residential assessment may be considered as opposed to a community-based assessment to assess if they can parent the child safely
Land Registry Update 2021 – The Future
This year HM Land Registry have introduced several innovative improvements to the registration and application process with a view to adjust and adapt to become more accessible to the public. This is mainly due to the need
I only threatened to share the image – I didn’t actually do it – why do I have to go to Court?
Many will know it is already an offence to disclose a private sexual film or photograph in which another person appears without the consent of that person. Earlier this year and because of the Domestic Abuse Bill,
Change in Court fees
Generally, when an application is made to the Court a Court fee is required. As of 30th September 2021, the HMCTS have raised their Court fees in respect of Family matters. Therefore, the Court fees are now:
Having a drink whilst out on your Scooter, think again….
Owning an E-Scooter legally is currently difficult, as there are strict rules on any privately owned E-Scooter to be used lawfully on a road or public place. The rider must have insurance, licence, safety equipment and vehicle
Special Guardianship Order and Care Order – Can they Co-Exist?
In the recent case of F v G [2021] EWCA Civ 622, The Court of Appeal granted leave to appeal to the mother, who argued that Special Guardianship Orders and Care Orders could not co-exist. This case
