During this period of uncertainty and the rapidly changing guidance relating to the coronavirus outbreak, there is understandably a high demand for legal advice and services. Banks Kelly Solicitors is still open for business and on hand to give legal advice at a time when you need it to give you peace of mind. We have created some FAQs surrounding some of the legal services that you may be considering using following the Covid-19 outbreak.
Questions
Wills
What do I need to think about before writing my Will?
- Who you would like to appoint as your Executors. Your Executor is the person(s) appointed to ensure that the terms of your Will are followed. Many of our clients nominate this firm to act in this capacity.
- Who you would like to appoint as guardians of any of your children under the age of 18.
- Any gifts of specific items or money you would like to leave.
- Who you would like to benefit under your Will.
- It would also be helpful if you could provide us with a rough estimate of the value of your assets so that we can provide you with any relevant inheritance tax advice or put you in touch with a tax advisor to assist with IHT planning.
How long is the legal process when writing a will?
For a straightforward matter, a Will can be completed within a week from initial instructions to execution of the Will. If there is a particular urgency, a Will can be drafted and signed within a couple of working days, if required.
We are usually able to provide a fixed fee service for the drafting of most Wills.
Our fee for a simple will is £250 + VAT and simple mirror wills cost £300 + VAT. We may charge more if your instructions are complex and we will advise you of our costs estimate upon taking instructions from you.
To instruct us to draft your Will or for advice on Estate Planning, please contact us via telephone on 0207 489 2183 or email at enquiry@bankskelly.co.uk. During the current lock down, we can communicate with you by phone and email and we can also offer a video call over Zoom or Skype.
Lasting Powers of Attorney
What is a Lasting Power of Attorney?
A lasting power of attorney (LPA) is a legal document that lets you appoint one or more people to make decisions on your behalf if you have an accident or an illness and cannot make your own decisions. Your attorney(s) can also make decisions about your property and financial affairs or act on your behalf if, for example, you are self-isolating and can’t leave the house.
What do I need to do to put a Lasting Power of Attorney in place?
- You will need to nominate an attorney(s) help you make decisions or make decisions on your behalf. They could be a relative, a friend a professional such as a solicitor, your husband, wife or partner.
- Consider which type of LPA you wish to put in place: one that deals with decisions about your property and financial affairs, and/or one which deals with decisions about your health and welfare.
- Whether you have any preferences or instructions you would like to give to your attorney(s)
- Who you could nominate as a certificate provider. This is someone that signs the LPA to confirm they’ve discussed the LPA with you and that you understand what you’re doing and nobody is forcing you to do it. This should be someone that knows you well for at least 2 years or a professional such as your GP, a healthcare professional, or a solicitor.
How long is the legal process to put an LPA in place?
We can usually draft your LPA within a week or two of taking instructions, but can do this more urgently, if required. Once we have drafted your LPAs, you will need to arrange for these to be signed by you, your attorneys, and your certificate provider (with appropriate social distancing measures in place).
Once the LPAs have been signed, we will apply to register them with the LPA. The Office of the Public Guardian takes at least 4 weeks to register the LPAs, but this timeframe is usually longer. It is therefore a good idea to put your LPAs in place as quickly as possible, to allow time for them to be registered before the need to be used.
If you urgently require assistance whilst self-isolating, and still have mental capacity, we can also draft an ordinary power of attorney which authorises an attorney to make decisions about your money or property for a limited period of time.
The fee for registering an LPA with the Office of the Public Guardian is £82 per LPA, unless you get a reduction or an exemption. We charge on the basis of our solicitors’ hourly rates, which we will inform you of when you make an enquiry. We estimate the usual cost for preparing and registering LPAs for both property and financial affairs and health and welfare decisions to be between £750 - £900 + VAT.
To instruct us to draft your LPA or for any advice relating to the Office of the Public Guardian or Court of Protection, please contact us via telephone on 0207 489 2183 or email at enquiry@bankskelly.co.uk. During the current lock down, we can communicate with you by phone and email and we can also offer a video call over Zoom or Skype.
Employees
You should work from home unless it is impossible for you to do so, for example if you operate machinery, work in construction or manufacturing, or are delivering front line services.
- You should take time off work you are ill. If you have symptoms of the coronavirus infection, you must stay home for 7 days from when your symptoms started. If someone in your household develops symptoms of the coronavirus, you must stay at home for 14 days from the date their symptoms started.
- If you have symptoms of Covid-19 or are advised to stay at home due to a household quarantine, you can get an ‘isolation note’ by visiting NHS 111 online, rather than visiting a doctor. If you are ill for another reason, medical evidence is not required for the first 7 days of sickness. After 7 days, it is for the employer to determine what evidence they require, if any, from the employee.
- If you are unwell because of coronavirus, you are entitled to your usual sick leave and sick pay. Statutory Sick Pay will be paid from day 1 instead of day 4 for those affected by coronavirus, however if you are off sick for any other reason, this extension doesn’t apply.
What does it mean to be furloughed?
If your employer is no longer able to provide you with work, or if you are unable to work because you are shielding in line with public health guidance, your employer may agree that you can be ‘furloughed’. This means you will be kept on the payroll and could get paid 80% of your wages, up to a monthly cap of £2,500. Your employer will need to apply to the Coronavirus Job Retention Scheme to put you on furlough.
What if I am dismissed as a result of the coronavirus?
- If your employer is not willing to agree to put you on furlough, you are entitled to receive notice of your termination, or payment in lieu of notice, and your accrued holiday pay.
- If you have worked for your employer for 2 years or more, your employer must give you a fair reason for terminating your employment. If that reason is redundancy, your employer must follow a fair procedure when deciding which roles should be made redundant. If you are made redundant, you will be entitled to redundancy pay.
What should I do if I think I have been unlawfully dismissed?
If your employer unlawfully dismisses you by failing to pay you and/or by dismissing you without a fair reason or fair procedure, you are entitled to commence legal proceedings against your employer. Banks Kelly regularly represents employees in legal claims against their employers, both in court and in the Employment Tribunal. To discuss a potential claim with us, or for any advice relating to your employment, please contact us via telephone on 0207 489 2183 or email at enquiry@bankskelly.co.uk. During the current lock down, we can communicate with you by phone and email and we can also offer a video call over Zoom or Skype.
Conveyancing (Residential)
Can I still buy and/or sell a property during the coronavirus pandemic?
There is nothing to stop you buying or selling your property during the lockdown, however viewings by Estate Agents or potential purchasers will not be allowed whilst social distancing measures are in place. If you have already started the conveyancing process, there is no need to pull out of a transaction, however given the current situation the Government has urged parties involved in home moving to adapt and be flexible. Where the property being moved into is currently occupied, it is encouraged that both parties amicably agree alternative move in dates when social distancing and stay-at-home measures are no longer in place. Where moving is unavoidable and a new completion date cannot be agreed, both parties should put practices in place to minimise the spread of the virus.
UK Finance have confirmed, to support customers who have exchanged contracts but not yet completed on their sale/purchase, that mortgage lenders will agree to extend a customer’s mortgage offer by up to 3 months so that a later move in date can be arranged.
What effect does Covid-19 have on the conveyancing process?
The Law Society has taken the view that electronic signatures can be used to sign contracts to sell/buy unless the contract is being executed as a deed. Where the document is being executed as a deed, meaning the signature needs to be witnessed, the document will require a wet ink signature and should not be electronically signed. If your solicitor advises you that a document needs to be signed by deed, you should only do so if appropriate social distancing measures can be put in place for your signature to be witnessed.
The HM Land Registry Business e-service is still running as normal, so solicitors are still able to request and lodge documents relevant documents to the online portal. Additionally, HM Land Registry has agreed to extend its deadlines for filing certain notices and cancellation dates.
Get in touch
Both the residential and commercial property teams at Banks Kelly continue to progress transactions and provide solutions to deal with the effects of Covid-19 where necessary. To instruct us or discuss the progress of your transaction during the virus and social distancing, please contact us via telephone on 0207 489 2183 or email at enquiry@bankskelly.co.uk. During the current lock down, we can communicate with you by phone and email and we can also offer a video call over Zoom or Skype.