Despite more pessimistic forecasts for the housing market in 2008 thousands
of local people will be selling their home this year. The extension of the
requirement for Home Information Packs (HIP’s )to all properties in December last year means that the first step for anyone putting their house on the market will be to obtain a HIP.

The HIP contains information about your home for a potential buyer including local searches and an energy efficiency report which must be conducted by a qualified inspector.

Sharon Bayne Head of property conveyancing at Barnes Marsland points out “clients need to be a little cautious about who they instruct to undertake their HIP and what the real costs are. If the HIP is not undertaken professionally, the new buyer may need additional information which could delay or disrupt your sale. Be cautious of special offers because there is a real cost to a HIP for the provider so don’t let them just hide that cost in your completion statement or get too closely tied to one estate agent.”

Barnes Marsland offers a high quality HIP with the option of a deferred payment to allow time for the sale of the house to complete. Once delivered,
the HIP is your property and you can then choose the right agent to sell your
house.

Barnes Marsland HIP’S start at £199-00. If you would like to know more please contact Sharon or a member of her Team today on 0845 270 3999 or
email: sharonbayne@barnesmarsland.co.uk.

* Applies to Properties in the Thanet area only, terms and conditions apply.

Why is it so important to make a will

Jacqui Miles looks at some of the important issues behind making a Will.

A Will sets out who is to benefit from your property and possessions (your estate) after your death. Although
we all prefer to put the job off until tomorrow, there are many strong reasons to make a Will:

• you can decide how your assets are shared - if you don't have a Will, the law says who gets what

• if you are an unmarried couple (whether or not it's a same-sex relationship), you can make sure your partner is provided for

• you can make sure you don't pay more Inheritance Tax than necessary

If you don't have a Will, there are rules for deciding who inherits your assets, depending on your personal circumstances. The following provisions apply only in England and Wales, the law differs if you die intestate (without a Will) in other jurisdictions.
If you are married or in a registered civil partnership and your estate is worth £125,000 or less: Everything goes to your husband, wife or civil partner. If you are married or in a civil partnership and your estate is worth over £125,000: your husband, wife or civil partner won't automatically get everything, although they will receive:

• personal items, such as household articles and cars, but nothing used for business purposes

• £125,000 free of tax or £200,000 if there are no children;

• A life interest in half of the rest of the estate (on his or her death this will pass to the children or as detailed below) The rest of the estate might be shared by children (or if any have died by grandchildren) or parents, brothers or sisters.

Not everyone is aware that, if you are in a long term partnership but it is not a marriage or registered civil partnership, you won't automatically get any share of your partner's estate, if they die without making a Will.
If they haven't provided for you in some other way, your only option is to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 which can be a complex and costly process.

If you would like to make a straightforward Will (no tax planning advice or trusts) please call Miss Hooper on 0845 270 4999 or email bethhooper
@barnesmarsland.co.uk. Our current charges are £95 + VAT for a single Will and £150 + VAT for a pair of Wills.

If you would like more information abut making a Will or more specialist Will making or tax planning advice, please call Jacqui Miles on 0845 270 4999 or email jacquimiles@barnesmarsland.co.uk

The 'GET LEGAL' scheme for local employers growing fast

Colin Chapman

Colin Chapman - employment partner.

Since its introduction last year, the employers Get Legal service has grown to include many local businesses employing from ten to one hundred plus staff. Ahead of his free seminar on the risks of employment legislation to be held later in the year, Colin Chapman head of employment services at Barnes Marsland says “more local business leaders are realising that it is better to have a local expert dealing with the complexities of their employment issues for a fixed monthly fee, rather than be caught out in the Employment Tribunal”. Colin says
that it is remarkable that many leading business leaders are still not aware of the risks involved “over 24,000 cases of discrimination were brought against employers at the Employment Tribunal last year alone. While
cases of Unfair Dismissal are limited to awards of £72,900, awards to employees for cases successfully brought against employers for discrimination relating to race, sex, sexual orientation, religious belief, age or disability
are unlimited”.

Quite simply, getting employment law wrong could be enough to cripple an otherwise successful business often by simply not being aware of the correct procedure and statutory obligations of an employer.
If you would like to know more about the successful Get Legal scheme or would like to be invited to the free seminar, please call Colin Chapman on 0845 270 2999 or email colinchapman@barnesmarsland.co.uk

You don't have to be a CRIMINAL to need a good criminal lawyer

Paul Goldspring outlines a fictional case study based on real legal issues.

Mr Smith was a respected member of the local business community, who lived in a semi-detached Georgian house in a very pleasant area, with his wife and teenage children. Mr Smith became embroiled in a dispute with his neighbour about parking and access to their shared driveway. One morning, Mr Smith was horrified to be arrested by the local police and cautioned at his front door. His neighbour had alleged that he had collided with his car on leaving his home and he was accused of “failing to stop at the scene of an accident”, a criminal offence with a potential custodial sentence.

Paul Goldspring, Head of Crime at Barnes Marsland and his colleague Nick Jones are experienced criminal lawyers and are both qualified to carry out Crown Court Advocacy. In simple terms, this means that one Solicitor can deal with your case and represent you in
Court rather than employing the services of a Barrister. “We have dealt with many cases comparable to Mr Smith’s in court” says Paul. “Road traffic matters are becoming increasingly common in the crime department and it is not unusual to find ourselves
successsfully defending a local member of the community who has had no previous interaction with the criminal justice system and is extremely anxious about the whole process.”

If you would like to know more about the services of the crime department please contact Paul Goldspring on 0845 270 4999 or email paulgoldspring @barnesmarsland.co.uk

Touch Down for new business recruit

Barnes Marsland is delighted to welcome Paul Rumming to bolster the practice and to support Mike Rider in SME
business services. Paul is a keen rugby player and has a Master's degree in International Commercial Law. Paul will be learning the ropes from Mike Rider and other senior partners, before becoming closely involved in legal services to local business.

“I am delighted to be here” says Paul. “I have lots to learn from Mike and the rest of the team but am looking forward to specialising in local business issues and getting involved in the local business community”.

Is there such a thing as a QUICKIE DIVORCE?

Carol Chapman looks at so called “quickie divorces” with her 15 years experience as a family law specialist

Some web sites now advertise “quickie divorces”, a fixed fee service (which may include the forms but exclude the Court fees of £340) that allows you to issue an application, (petition) complete the acknowledgement of service, (this is the respondents duty) apply for a decree nisi and subsequently a decree absolute. In the very rare cases where there is complete consent between the applicant (petitioner) and respondent in all matters, this may be possible but it is also risky. Unfortunately in reality, the issues that often make the divorce process longer and usually more painful, are those of children and assets. Obtaining a divorce is relatively simple but the skill and experience of a specialist family lawyer is usually required to ensure that a fair and proper financial settlement is agreed and legally enforceable for their client and the children. Clients could find themselves “divorced” quickly and cheaply, only to discover that they have no legally enforceable financial settlement, no home or income now, or in the future, for themselves or their children, no share of joint assets and no
clarity about the future care of, or contact with the children.

If you would like to make an appointment for a confidential discussion with Carol Chapman about the implications of divorce and separation please contact her on 0845 270 4999 or
email carolchapman@barnesmarsland.co.uk.