Maintaining Quality as Standard

 

Whatley Weston & Fox Solicitors, has been reaccredited by the Law Society to the Conveyancing Quality Scheme.

The Scheme, known as CQS, acknowledges the firm’s high standards in residential conveyancing, something that will reassure both purchasers and sellers of property alike when deciding who to trust with the important task of dealing with possibly their biggest investment.

Andrew Duncan, Managing Partner and Head of Residential Property says: “We are delighted to have been reaccredited to CQS again this year. It is recognition of the high standards and excellent service that we continue to provide to our residential property clients at what is often a stressful time for them. The firm has had to undergo rigorous assessment of its procedures and practice management standards for reaccreditation and has met the demanding standards required. We look forward to continuing to provide a personal, reliable and efficient service to all of our clients.”

 

LPA – Will going online send us all off track?

The Office of the Public Guardian has announced plans for the process of applying for LPAs to go online. The proposals are open for consultation until the 19^th October 2012.

Lasting Powers of Attorney (LPAs) exist to allow a person to appoint someone that they trust as an “attorney” to make decisions on their behalf when they no longer wish to or when they lack the mental capacity to do so.

The LPA allows a person to plan which decisions they wish the attorney to make and how they wish the attorney to make the decisions, for example in conjunction with a second attorney or alone.

The decisions that may be made by an attorney may relate to a person’s health or wellbeing (such as decisions on medical treatment etc.) or may concern property or financial affairs (such as paying bills, selling your home etc.)

It provides an attorney with a significant ability to take decisions on behalf of the donor and it follows, therefore, that some considerable thought should be given when executing an LPA.

Currently, when an LPA is prepared by a Solicitor, they are able to discuss face to face with the donor their personal circumstances and work through the possible issues that they may face in the future. The Solicitor will have experience of various different situations that might arise, which the donor may not even have thought of. How is this level of consideration to be ensured with an online application?

There are also a number of elements needed to ensure that the LPA is effective, for example someone must provide a “certificate” confirming that the donor understands the significance and purpose of the LPA and the signature of the donor and their attorneys must be witnessed.

If the application is to be made online what checks are there to be as regards the “certificate”? How will we ensure that the certificate provider is genuine, that they have properly discussed issues with the donor and that the donor understands the gravity or purpose of the process? This could leave the process wholly open to fraud and abuse/influence – even more of a risk as we are often talking about elderly or vulnerable people needing LPAs.

In addition, the donor must have capacity at the time that the LPA is registered for it to be valid. At present, a Solicitor meeting the donor alone is placed to assess whether the donor has capacity to execute the document. Who is to check the issue of capacity if the process is to be automated and digital? This is of serious concern and, again, leaves the process open to abuse and fraud.

Finally, it is proposed that basic information about people who are subject to Lasting Powers of Attorney will be available online, protected only by a password – some real concerns about confidentiality arise.

The above is combined with a real concern as regards whether any IT system will be fit for purpose. Our own concerns arise here, having had to deal before now with government departments developing online processes, only to find that the system is inadequate or insufficient resources have been focused.

Generally, it is to be accepted that times move on and online/digital processes can speed matters up. However, it is absolutely vital when we are dealing with protection for the elderly or vulnerable that everything is done to limit the possibility of fraud or abuse.

On the proposals as they stand, there must be concern as to how the process will ensure proper protection.

Norman Snowball - Head of Wills & Probate.

Local firm supports Worcester charity

Staff of local law firm, Whatley Weston & Fox, joined over 4000 people on the 1^st July to raise money for local charity Acorns Children’s Hospice at the Walk of Worcestershire. The firm raised around £260 for the charity.

Louise Chipchase, head of Family Law at the firm (pictured left with Sam Whelan and Lisa Mitton) said: “walking the 10.5 miles was a challenge but the atmosphere on the day was amazing and for a charity like Acorns, who gives such a great amount of support to so many families, it was well worthwhile – we’ll be there next year!”

Onwards and Upwards!

We are delighted to announce that Beata Nowakowska-Mrozek, who has been working with us since April 2011 and has been assisting in the Litigation and Employment Law department, has been rewarded with a Training Contract.

Beata will continue in the department for another 12 months before moving to assist clients instructing the firm in different areas of law. It is planned that she will complete her training in 2 years’ time and will then become a qualified Solicitor.

Robin Humphreys, Partner and Head of Litigation says: “We are committed to developing all of our staff and are pleased to offer Beata this opportunity, she has worked hard and her dedication to our clients and to pursuing her career in the law is obvious. We will continue to support her through her training and fully expect her to do extremely well”.

Well done Beata!

Landlords – protect against fraud!

It is estimated by the National Fraud Authority that fraud costs the UK economy £73 billion a year, with mortgage fraud accounting for £1 billion of that.

Mortgage fraud can take place in a number of different ways but for landlords with buy-to-let properties the threat comes from fraudsters who seek to sell or mortgage the property as their own.

Whilst there are many checks that Solicitors will undertake to ensure the identity of the people instructing them there is now further protection available for landlords from the Land Registry.

Since February 2012 it has been possible for non-occupying owners, such as landlords, to register a restriction against their property to require a Solicitor to certify that they are satisfied that the person selling or mortgaging the property is the true owner.

Andrew Duncan, Head of Residential Conveyancing says: “It is vital that property owners, especially those who don’t occupy their own properties, understand that fraud is a very real threat. As Solicitors, we are regulated and obliged to undertake a number of checks when we are approached but I welcome any provision that provides additional support and would recommend that landlords take up this opportunity to protect their property”.

Local Solicitor warns about mis-selling.

Property Protection Trusts (sometimes called Asset Protection Trusts) are designed to help people protect the value of their home and safeguard the property against any change in circumstances, such as the death of a partner or care home needs.

The Law Society and Trading Standards Watchdogs are currently concerned that these products are being mis-sold, with inaccurate promises made that the Local Authority cannot class the property as an asset when assessing care home fees, and used by unauthorised firms, who are not entitled to prepare these Trusts.

Even more concerning is the manner in which some unregulated firms appear to be approaching people, who are often elderly, with complaints being made about high pressure selling and scare tactics.

Norman Snowball, Head of Wills & Probate says: “There are proposals to regulate Will writing and estate administration and the sooner the better but, for now, there are a number of unregulated firms offering those services. Making a Will is very important, even more so where care home fees or tax planning may be an issue. Until the changes on regulation come in, people must be extremely careful about who they ask to prepare their Will.”