In this article we explain the concept of the statutory legacy, when it applies, and how it can impact the distribution of a deceased spouse’s/civil partner’s estate. What is Intestacy? When a person dies without a valid
A sibling assessment will evaluate the bond and relationship between siblings. A sibling can be defined as a person whom you share at least one biological parent with. An assessment will consider the sibling dynamic, and the
It’s that time of year, the Christmas party season is underway which coincides with the national Christmas drink drive campaign. That means there will be more stops and more prosecutions due to an increase in police patrols
Going through a divorce and organising child arrangements with an ex-partner can be very stressful. However, with the festive period approaching, this stress can be exacerbated and causing this to become a very worrying time. Below are
Following the conclusion of financial remedy proceedings, your situation could change unexpectedly, and you may feel that had this happened during the course of the proceedings, it would have affected the outcome of those proceedings. The Courts
When the Local Authority considers that a child is at risk of significant harm, they can apply for a Care Order or an Interim Care Order. This would only be granted if the Court finds reasonable grounds
Japanese Knotweed is an intrusive plant that spreads swiftly. The roots can reach depths of up to three meters and it can seriously damage infrastructure and buildings. Concrete cannot withstand its strength, which is why it is
When someone dies, in order to access assets held with financial institutions, sell assets, and even pay any debts that the deceased held on their death, a legal document known as a Grant of Representation is required.
Communicourt is an intermediary service mostly funded by HMCTS, with no charges or payments required by parents or legal professionals. In the context of Care Proceedings, their aim is to assist a parent who has a communication
A new scheme will be launched in the East and West Midlands, which will see offenders that pose a threat to their former partner and/or their children, being subject to electronic tagging. This will help protect victims
Your baby being placed for adoption against your will is referred to as a non-consensual adoption or contested adoption. The term ‘forced adoption’ is not a term that is used within the Family Court but is used
Why have I been asked to provide proof of identification? As a firm of solicitors, under the Money Laundering Regulations we must comply with the requirements for proof of identity and money laundering. This is a legal
What is a Guardian appointed by my Will? If you die leaving children under the age of 18, you can make provision in your Will for who you would like to look after your children if there
For many people, a large part of the Divorce process will revolve around how their financial assets will be divided. However, for those who work in the public sector, the value of their pensions has been unusually
If the Local Authority are concerned about a child’s health, development or the way that they are being treated, but do not feel that there is an immediate risk to them, they may request that various assessments
By the end of 2023, Justice Secretary Alex Chalk plans to introduce a new law before Parliament which would result in parents who kill their partner or ex-partner with whom they have children to automatically have their
In March 2023, it was published that the government has plans to enforce tougher sentences on domestic abusers who kill their current or previous partners. What does this mean for those found guilty of domestic homicide? The
Buildings Insurance covers your home in the event that damage that occurs to the structure of the property i.e the actual building. This could be in the event of a fire, flood, storm or if the damage
The recent decision in the Court of Appeal in the case of JW (Child at home under Care Order) [2023] EWCA CIV 944 is a reminder of the approach that should be taken when considering making final
Johnson Astills are pleased to announce that we are taking part in Free Wills Month during October 2023. Free Wills Month brings together a group of well-respected charities to offer members of the public the opportunity to
Dissolving your marriage may feel like the end of a very long and turbulent road, and that you have finally reached the light at the end of the tunnel. However, should you remarry, you may fall foul
A Placement Order is a Court Order which says that a Local Authority can place a child for adoption with prospective adopters, who have passed all the necessary checks and are a suitable match for a child.
What is Intestacy? Intestacy is where someone dies without a Will, or without a valid Will. The Rules of Intestacy means that a deceased person’s estate will be distributed in accordance with these rules, and this may
As of 24th April 2023, Love Bombing is now recognised by the Crown Prosecution Service as a sign of emotional abuse in the UK, but what is Love Bombing and what are the signs? Love Bombing is
Being arrested for rape or any sort of sexual offence can be a terrifying experience. Having been through the turmoil of an arrest and interview you find yourself bailed to return to the police station. Of course,
As International Women’s Day on 8 March 2023 approaches, we are reflecting on the numerous and varied roles that women play in our society. It’s a time for looking forward, but also reflecting on the past. With
What is Time to Talk Day? This year, Time to Talk day is on 2 February 2023. The day is organised by Mind and Rethink Mental Illness and promotes having conversations about mental health and how we
If a person dies without a Will, what happens to their estate (ie assets, such as property and cash) will be governed by the Intestacy Rules. Who is entitled to what will depend on their relationship with
A section 47 investigation (S.47) stems from the Children Act 1989 which is legislation that governs England and Wales. It means the Local Authority/Children’s Services have received a referral which has been made to them by any
The Local Authority issue the pre-proceedings process where there are significant concerns regarding a child or children that are suffering harm or a child or children that are likely to suffer serious harm. This could be physical,
‘Good Divorce Week’ is an annual campaign by Resolution, a community of family solicitors and other professionals who work with families and individuals promoting a non-confrontational approach to resolving family issues, including divorce, the financial aspects of
For some people, the World Cup is nothing more than a passion for football. For others, it can ignite a fear of abuse from a partner with pre-existing patterns of this behaviour, causing anxieties and worry. Research
Following on from the National Deprivation of Liberty (DoLs) Court being announced in July 2022, the Nuffield Family Justice Observatory have published data in relation to the use of such applications. Over the first 3 months, there
Every year, International Men’s Day is recognised on 19th November. This year’s International Men’s Day theme is “Helping Men and Boys”. The month of November is a significant time for men as it is also Movember where
If you feel that the police have imposed strict and unworkable bail conditions on you, our expert criminal defence solicitors at Johnson Astills can make an application to the Magistrates’ Court to have them changed or removed.
The Local Authority will arrange a child protection conference for a child if there are concerns regarding the child being abused or it is believed that the child is suffering or likely to suffer significant harm. A
If you are considering dressing up for Halloween, to go to a party as a scary character, be careful that your costume does not obstruct your ability to drive. If your costume could affect your driving, you
Perpetrators of domestic violence could be made to sign a register if Labour wins power, the party has announced. Shadow Justice Secretary Steve Reed has said that perpetrators of domestic violence would be monitored in the same
Today is World Menopause Day. A day providing an opportunity to break stigma that unfortunately still exist around menopause. A day to encourage open discussions about a natural transition in a woman’s life. Johnson Astills prides itself
Child protection is about making sure children are kept safe and free from harm. Local Authority Children’s Services often become involved with families where children might be at risk of harm. Child protection means that professional services
There are 2 types of Lasting Powers of Attorney (LPA); Property & Financial Affairs and Health & Welfare. In this article, Johnson Astills will give you an introduction to the Property and Financial Affairs LPA. The Property
The Chancellor of the Exchequer, Kwasi Kwarteng announced changes to the Stamp Duty Land Tax rules and these changes are effective from Friday 23rd September 2022. This means that regardless of when exchange of contracts took place,
For the purpose of this Article, the term ‘partner’ can include your husband, wife, civil partner and unmarried partner or those who are living together (co-habiting). Domestic abuse/violence is widely defined by the Government as ‘any incident
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
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
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
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
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
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
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
