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Will Aid 2025

Mon, 16 Feb 2026 15:10:38 GMT

Blackhams have proudly participated in Will Aid 2025. We have helped people nationwide to make their Wills on a pro bono basis, raising over £3,000 for charity.

Why Blackhams Solicitors Stand Out Across the West Midlands

Thu, 31 Jul 2025 11:47:02 GMT

Solicitors Committed to Excellence and Client Care

Finding the right Solicitors can make all the difference when you're facing legal challenges or seeking strategic advice for your business. At Blackhams , clients benefit from more than 80 years of legal expertise delivered with care, clarity, and unwavering professionalism. Whether you're an individual or a business, the team at Blackhams tailors legal solutions to meet your unique needs.

Decades of Legal Experience

Founded in 1930, Blackhams has built a reputation for delivering high-quality legal advice across a range of sectors. Their long-standing presence in Birmingham reflects not only their legal acumen but also their commitment to ethical service. Clients return time and again for personal and commercial legal matters, knowing they’re in capable hands.

Comprehensive Legal Services

Blackhams offers a wide scope of services, from dispute resolution and employment law to corporate support and insolvency. Whether you’re resolving a shareholder dispute or need assistance drafting commercial contracts, their Solicitors bring in-depth knowledge and a results-driven approach to every case.

A Trusted Legal Partner for Business

Business owners appreciate that Blackhams delivers more than legal advice, they provide strategic guidance. Their commercial law department supports growing companies with contract negotiation, regulatory compliance, and mergers and acquisitions. The firm’s Solicitors act as a trusted partner, offering legal clarity so that business leaders can make informed decisions.

Client-Centred Approach

Blackhams places a premium on building long-term relationships with clients. Their Solicitors are not only experienced but also approachable, ensuring that clients feel heard, informed, and supported. Communication is clear and transparent throughout the process, making even complex legal matters easier to manage.

Tailored Legal Support for Individuals

In addition to corporate services, Blackhams supports individuals with wills, probate, employment disputes, and civil litigation. Every client receives tailored attention, ensuring that their personal circumstances are fully considered in all legal advice given.

Contact Blackhams Solicitors Today

Whether you’re a business navigating a high-stakes transaction or an individual seeking trusted legal guidance, Blackhams Solicitors are here to help. With deep roots in Birmingham and a national reach, they’re ready to support your legal needs with expertise and care.

Article: Demystifying Will Formalities

MDoyle@blackhams.com (Molly Doyle) — Tue, 10 Oct 2023 14:47:20 GMT

Demystifying Will Formalities

Writing a Will may appear to be a simple exercise for some; however, writing it is just the start. If the formalities are not satisfied, then despite having written your Will , you could still die intestate if your Will is deemed invalid. Speak to our expert team today to ensure your Will is legally valid. Below we answer some ‘FAQs’ on Will formalities :

How do you execute a will?

The standard formalities for executing a will are:

The will must be in writing, and the testator must sign it, or another person must sign it in their presence and at their direction
It must appear that the testator intended by their signature to give effect to the will
The signature must be either made or acknowledged in the presence of at least two witnesses present at the same time
Each witness must sign the will, or acknowledge their signature, in the presence of the testator (but not necessarily in the presence of any other witness

Who can witness a will?

A will can be witnessed by anyone over 18 with mental capacity as long as neither they nor their spouse/civil partner benefit from it.

How many people should witness a will?

Two people should witness the testator’s signature and then they must also sign the will in the presence of the testator

Does a will need to be dated?

There is no legal requirement for a will to be dated; however, when there is doubt as to the date of the will, evidence may be requested by the Probate Registry following the testator’s death to prove that the will admitted to Probate is their last will. To avoid ambiguity, the will should always be dated. The will should be dated the day that it is executed. For guidance on preparing a valid will, contact our team today.

Can a will be altered or amended?

It is possible for a testator to change their will without making an entirely new will – this can be done by the preparation and execution of a codicil. Alterations could also be made to the will already in existence following its execution, providing that the alterations are done correctly, are clear and executed (i.e. with the testator and witnesses’ initials beside the alteration/s). Many complications can arise from alterations made to an existing will therefore the best way to update your wishes and make changes to your will is by writing a new one.

Should a will be handwritten or typed?

It is strongly recommended that a will is mostly typed (save for the date, signature and witnesses' names, addresses and signatures) to ensure it reads clearly and subsequently printed on durable paper. It is, however, possible that a will could be handwritten – also known as a holographic will. A holographic will could be written using a pen or pencil, though there is a presumption that where a combination of both pen and pencil has been used, the parts in pencil that the testator had not yet made a definite decision on are likely to fail.

What if the testator is unable to sign their will?

If the testator is unable to sign their will due to a physical disability, perhaps, then they can mark the will. The mark doesn’t need to take a prescribed format; however, the mark must be intended by the testator to give effect as their signature. A will may also be signed by someone else on the testator’s behalf as long as they do so at the direction of the testator and in their presence.

Preparing a Will, not so simple after all!

At Blackhams Solicitors , we oversee the execution of all Wills that we prepare, giving your wishes the best possible chance of being upheld following your death and your Will not failing on a technicality.
Seek the assistance of a qualified professional in both the preparation and execution of your Will.

Get in touch on 0121 233 6900 or email us at info@blackhams.com for your free consultation.

Article written by Michelle Abbott TEP, Head of Private Client Department.

Posted: 10 October 2023

135 year old law firm appoint Family Solicitor as Partner

Thu, 29 Jun 2023 14:30:48 GMT

135 year old law firm appoint Family Solicitor as Partner

Blackhams has recently appointed Mr Taswar Hayat as Partner.

Taswar Hayat has been working at the firm since 2021 in the Family department, where he previously worked as the Head of Family before being appointed as a partner at the end of 2022. Taswar had previously worked at a well-renowned Legal 500 law firm for many years before assuming his role at Blackhams in 2021 as Head of Department.

Over that time, he has gained a positive reputation and a strong stance in the West Midlands for family law . Taswar advises on a range of complex private family law issues and is also a busy family law advocate who regularly represents clients in magistrates' and county court family matters.

Taswar will be working alongside Timothy Cuthbertson, the great-grandson of one of the firm’s founders, Charles Heber Cuthbertson, who has been a partner in the firm since 1977. The firm has a wealth of history and is one of the longest-standing law firms in Birmingham, having been established in 1888, with a presence of over 135 years.

Timothy Cuthbertson, senior partner, said:

“Taswar has been an essential part of the family law team since his employment in 2021 and has more than proved himself in that short amount of time. He has transformed the family law department and has certainly been a valuable asset to the firm.”

“Taswar approaches each matter with an elevated level of care and attention to detail. He has gone above and beyond for clients from all walks of life, and this has been more than beneficial.”

“His appointment as partner is certainly well deserved, and I thoroughly look forward to working with him in the future.”

In 2003, the practice was merged with a popular firm, Blackhams, Maycock and Hayward, who also had their roots in the 19th century and adopted the name of Blackhams. Then in 2017, the firm merged with a well-renowned firm in Solihull called Allsopp & Co Solicitors and has been operating under the name of Blackhams ever since.

We specialise in family law, property law , and provide a wide range of advice relating to wills , inheritance tax planning, probate, trusts and the affairs of vulnerable adults.

Our firm offers practical, expert advice in jargon-free terms to assist clients in understanding their options and planning for the future, given in the most constructive and cost-effective way.

The team will support you in what may be the most difficult time of your life, whether that be due to Divorce, Separation, Domestic Abuse or issues surrounding your children, with a tailored service to empower you to participate in decision making.

They are equipped with a range of knowledge to deal with a variety of Family Law matters, including same-sex couples, financial disputes, relationship breakdown, prenuptial and postnuptial agreements.

Family law, with a team you can trust.

For your free no-obligation consultation , please get in touch:

Email: info@blackhams.com

Telephone: 0121 233 6904

What is the Difference Between a Secret Trust and a Half Secret Trust?

Tue, 07 Jun 2022 13:22:24 GMT

A secret trust can be used to conceal the identity of the recipient of a legacy.

An example would be in the testator’s will it might read ‘I leave £50,000 to John’. On the face of it, this may look like the Testator has left £50,000 to John. However, the Testator has secretly asked John to hold the £50,000 on trust for Simon.

As the Will does not make any reference to the trust, no one would know that the £50,000 is being paid to Simon. This can cause problems, as the success of the gift depends on John acting honestly and passing the money onto Simon. There could be problems also if John dies before the Testator.

A half secret trust is where the Will creates a trust, but it does not reveal any of the details of who the beneficiaries usually are. The Will would leave the gift to the trustees to hold on trust ‘for purposes already communicated to them’.

The existence of these sorts of trusts can create further complications for executors when administrating an estate.

If you require further information please contact our Private Client department on hsamra@blackhams.com or telephone 0121 233 6916.

What are the Implications of the Economic Crime (Transparency and Enforcement) Act 2022 for the Property World?

Fri, 29 Apr 2022 14:41:31 GMT

The fast-tracked Economic Crime (Transparency and Enforcement) Act 2022 received Royal Assent on 15th March 2022, creating a new public Register of Overseas Entities (the OE Register). UK entities already have an obligation to disclose their beneficial ownership information under the PSC (People with Significant Control) regime however, this new register will apply where the UK property is held by a non-UK legal entity.

This register will capture any overseas entities who hold freehold titles or leasehold titles of longer than seven years in England and Wales (a Qualifying Estate). The register will document the name, address and start date of the person who is the beneficial owner as well as the nature of the person’s ownership. This information must then be updated every 12 months.

The scope of a Qualifying Estate is wide-reaching. For any Qualifying Estate that has been acquired since 1999 and still owned by an overseas entity, then that entity will be required to register. Additionally, any property dealings post 28th February 2022 will require the overseas entity to be registered.

It is not yet clear when the register will be implemented but with the deadline for compliance six months from implementation, overseas entities that could be caught by the new legislation should assess their position immediately to ensure compliance.

If you require further information please contact our Conveyancing department on rsnipe@blackhams.com or telephone 0121 233 6912.

What Can we Learn from Banks v Goodfellow?

Fri, 08 Apr 2022 14:44:20 GMT

In our Contested Probate department, we often come across a common area of contention which is the test for capacity when drafting a will.

The legal test for testing ones testamentary capacity is set out in the case of Banks v Goodfellow [1870]. In this case, John Banks owned an estate of 15 cottages in the Lake District. Unfortunately, Mr Banks suffered from delusions and epilepsy and had spent time in an asylum. Most notably, Mr Banks believed he was being visited by devils and evil spirits and was being molested by a local man, Mr Alexander, even since Mr Alexander’s death Mr Banks still believed this.

On 2 December 1863 Mr Banks made a new will leaving his estate to his niece. He sadly passed away two yeas later. Thereafter, another two years passed and Mr Bank’s niece also passed away. Her inheritance (inclusive of Mr Bank’s estate) passed to her half-brother who was no relative of Mr Banks. The son of Mr Bank’s half-brother contested the will to have his will set aside due to lack of capacity. However, it was ruled that these delusions posed no bearing on the content of his will and therefor he was deemed to have sufficient mental capacity and the will still stood.

One element of the test that has derived from the will is the Testator must not be suffering from ‘any insane delusions’ or ‘disorder of the mind’. This test from 1870 is still upheld today as evidenced in the case of ‘Re Clitheroe’ in 2021.

Furthermore, the test set out in Banks v Goodfellow states the Testator has testamentary capacity if they:

Understand the nature and of the will and its effect
Have some understanding of the extent of the property of which they are disposing under the will
Are aware of the persons for whom they would usually be expected to provide
Are free from any delusion of the mind that would affect their dispositions to those people

A competent Probate solicitor will carry out the Banks v Goodfellow test if they believe there is a possibility that the Testator may lack capacity.

If you require further information please contact our Litigation department on tallsopp@blackhams.com or telephone 0121 233 6912.

Tenants’ Break Clauses in Commercial Leases

Fri, 18 Mar 2022 15:46:40 GMT

Tenants’ break clauses, giving tenants the right to bring their lease to an end early are becoming increasingly common in commercial leases with the object of giving the tenant a degree of flexibility in relation to their rented premises. It is vital to get things right both when the break clause is being drafted before the lease is granted and when seeking to operate the break.

From the tenants’ point of view any conditions attached to their ability to operate the break clause should be kept to an absolute minimum. Landlords will always insist that the rent (and probably other payments) due under the lease must be up to date and that possession of the premises is given up by the break date (which in practice means clearing the property completely) but other conditions such as compliance with all of the other tenant’s covenants in the lease (e.g. the covenant to keep in full repair) should be resisted by the tenant at the negotiation stage.

Other considerations are whether the break opportunity is to be a one-off on a specific date or if it will be a “rolling break” which could be operated at any time after a certain date and the length of notice that must be given to the landlord.

When a tenant wants to operate a break clause it is always a good idea to do so as early as possible and not leave it until the last possible moment. The provisions of the lease must be consulted to check how the notice to the landlord is to be given, the identity of the current landlord and the correct address for service of the notice.

The break clause in the lease may not refer to a specific date but to the break date being a specified anniversary of the commencement date and in such circumstances consideration must be given to exactly when the break date is.

Landlords will often be looking for a reason to be able to reject a tenant’s break notice and failure to observe the terms of the relevant clause in the lease can have expensive consequences for a tenant. It is therefore vital for tenants to seek legal advice both when negotiating the lease at the outset and at the point when they wish to exercise a break right.

If you require further information please contact our Commercial Conveyancing department on tallsopp@blackhams.com or telephone 0121 233 6912.

Can I Give Witness Evidence via Video Link?

Fri, 11 Mar 2022 15:50:48 GMT

In ASR Interiors Ltd v AWS Trading Ltd & Anor [2022] , a witness attempted to give video evidence while driving a van.

It has been reported that one of the witnesses called by the defendant, ‘appeared to be driving a van while dividing his attention between the road in front of him and the camera of a mobile device placed on the passenger seat’.

The judge requested the hearing be stopped and directed the defendant to re-establish contact with the witness once he was stationary.

The second time contact was made, Mr Singh appeared to be in a busy office with distracting amounts of background noise. On the judge’s request, he found a quieter storeroom in the building, but Singh then had to disappear with the video link running while he ran back to the office to get his statement.

The judge recorded that Singh did not have his exhibit to the witness statement to hand or know about a brochure he referred to in the statement.

The judge then proceeded to say counsel for the defendant ‘wisely accepted that the process was not turning out to be a successful one’ and opted to rely on Singh’s statement only. The judge said this was ‘realistic’ but did not give Singh’s statement any weight.

As remote hearings are here to remain it is important to ensure witnesses are well set up to tender their evidence.

The judge said he did not mention the issue to find fault with anyone, but to illustrate the problems that can arise. ‘Anyone who seeks, and obtains, an order permitting evidence to be given by video link would be well advised to think carefully about how the process of giving evidence will actually happen,’ he added.

‘At a bare minimum, when the time comes for the video link to be activated the witness should be in a room with all the case papers before him or her and with no distractions,’ the judge said.

If you require further information or wish to have a free 20-minute consultation with our expert litigation department please contact our Litigation Department on tallsopp@blackhams.com or telephone 0121 233 6912.