5def871c

Probate in Birmingham and Solihull: Timescales, Costs and Tips

Thu, 11 Jun 2026 17:53:47 GMT

Probate in Birmingham and Solihull: Timescales, Costs and Tips

Losing a loved one is difficult enough without dealing with legal uncertainty. One of the first questions families ask is how long probate will take, what it costs, and whether there is anything they can do to avoid delays.

The reality is that every estate moves at a different pace. Straightforward estates can progress relatively smoothly, while property sales, Inheritance Tax issues or overseas assets often add extra stages. Good preparation makes a significant difference.

This guide explains how probate works in Birmingham and Solihull, where delays commonly happen, current timescales, typical legal costs, and the practical steps that help executors keep everything moving.

At Blackhams Solicitors , our probate team supports families with both simple and complex estates, including taxable and cross-border matters, while providing clear communication at every stage.

What probate means

Probate is the legal process that gives someone authority to deal with a person’s estate after they die.

If there is a valid will, the executors apply for a Grant of Probate. If there is no will, an administrator applies for Letters of Administration. Both are forms of Grant of Representation.

A grant may be needed when:

Property was owned solely by the deceased
Banks or investment providers request legal authority before releasing funds
The estate includes shares, investments or overseas assets
Financial institutions exceed their internal release thresholds

Jointly owned property and accounts sometimes pass automatically to the surviving owner, although probate may still be required for other parts of the estate.

If you are unsure whether probate is necessary, speaking with experienced probate solicitors in Birmingham early can prevent unnecessary delays later.

The main stages of probate

Most estates follow four core stages.

Gathering information and valuations

Executors collect details of:

Bank and savings accounts
Property values
Investments and shares
Debts and liabilities
Pension information
Gifts made before death
Overseas assets where applicable

This stage often takes longer than families expect, especially where institutions respond slowly or property valuations are required.

Inheritance Tax reporting

Some estates qualify as non-taxable and require a simpler return. Others need full Inheritance Tax reporting to HMRC before probate can proceed.

Where tax is due, payment arrangements usually need to be in place before the grant is issued.

Applying for probate

Once the estate information and tax position are confirmed, the probate application is submitted to HMCTS with supporting documents.

Applications can be delayed if:

Documents are missing
Figures do not match
Original wills are incomplete or damaged
Executors submit incorrect forms

Accurate preparation is one of the biggest factors in avoiding requisitions and unnecessary back-and-forth with HMCTS.

Estate administration

After probate is granted, executors can:

Collect estate assets
Pay debts and liabilities
Sell or transfer property
Prepare estate accounts
Distribute funds to beneficiaries

This stage is often affected by property sales, investment encashment times and disputes between beneficiaries.

How long probate takes in Birmingham

Probate applications in Birmingham and Solihull are processed through the national HMCTS probate system, so timings follow national workloads rather than local courts.

As a general guide:

Straightforward non-taxable applications may be processed within several weeks after submission
Estates involving Inheritance Tax usually take longer
Simple estates commonly complete within 8 to 12 months overall
Taxable, property-heavy or international estates may take 12 to 24 months or longer

Property sales are one of the most common causes of extended administration periods.

At Blackhams probate solicitors, we work to reduce delays by reviewing documents early, coordinating valuations quickly and preparing detailed applications designed to minimise HMRC and HMCTS queries.

What probate costs in the UK

Probate costs depend on the size and complexity of the estate and the level of legal support required.

Grant-only probate services

A grant-only service is suitable where executors intend to handle the administration themselves after probate is issued.

Typical fees at Blackhams include:

From £3,000 plus VAT for straightforward estates with simple tax returns
From £4,000 plus VAT where more complex tax reporting is needed

Full estate administration

For full administration, solicitors handle the process from start to finish, including tax, asset collection, estate accounts and distributions.

Blackhams’ full administration fees are typically:

Around 2.5% of the gross estate value
Minimum fee of £4,000 plus VAT
Minimum £5,000 plus VAT where Inheritance Tax calculations are required

Additional disbursements

Third-party costs are payable separately and can include:

HMCTS probate application fee (£273)
Official copies of the grant
Bankruptcy and Land Charges searches
London Gazette notices
Property insurance
Land Registry documents
Asset tracing or share valuation fees

A written estimate should clearly explain legal fees and disbursements before work begins.

Is probate quicker with a solicitor?

A solicitor cannot control HMCTS or HMRC processing speeds, but professional preparation often helps estates progress more smoothly.

An experienced probate solicitor can help by:

Preventing application errors
Preparing accurate tax submissions
Coordinating valuations efficiently
Managing deadlines
Handling communication with institutions
Reducing the risk of requisitions or rejected applications

This is particularly helpful where estates include property, business assets, trusts or overseas elements.

Families often also benefit from practical support during a difficult period, especially when multiple beneficiaries or executors are involved.

Understanding the six-month probate rules

There are two important six-month timeframes families should understand.

Inheritance Tax deadlines

Inheritance Tax is generally due by the end of the sixth month after the month of death. Interest can accrue on unpaid tax after this point.

Claims against the estate

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain claims against the estate should usually be issued within six months of the probate grant.

For that reason, executors often avoid making final distributions immediately after probate is granted.

Practical ways to avoid delays

Preparing documents early can save significant time during probate.

Documents to gather

Executors should try to locate:

Original will and codicils
Death certificate
Photo ID and proof of address
Bank statements and investment records
Property details and valuations
Insurance information
Pension information
Debt and loan balances
Funeral invoices
Details of lifetime gifts
Overseas asset information

Where a property becomes empty, insurers should be informed immediately to maintain valid cover.

Probate for complex and cross-border estates

Some estates require more detailed legal and tax work, including:

Overseas assets
Foreign beneficiaries
Business interests
Trust arrangements
Multiple properties
Inheritance Tax planning
Agricultural or business relief claims

Our team supports families with both probate administration and longer-term estate planning strategies.

If you are reviewing your own affairs after dealing with probate, our will solicitors in Birmingham can also help ensure your wishes are clearly documented and tax-efficient.

FAQ

How long is probate taking in Birmingham?

Straightforward estates are often processed within several weeks after submission, although full administration usually takes 8 to 12 months. Complex or taxable estates commonly take longer.

Who decides if probate is needed?

The requirement depends on the legal ownership of assets and the policies of banks, investment providers and other institutions holding those assets.

Is probate quicker with a solicitor?

A solicitor cannot speed up HMCTS directly, but accurate preparation and active management often reduce delays and help estates progress more efficiently.

How much does probate cost in the UK?

Costs vary depending on complexity. Grant-only probate services commonly start from around £3,000 plus VAT, while full administration is often charged as a percentage of the estate or a minimum fixed fee.

What is the six-month rule in probate?

Inheritance Tax is generally due within six months of the end of the month of death. Certain legal claims against the estate must also usually be issued within six months of the probate grant.

Speak to Blackhams about probate support

Probate is easier to manage when the process is organised early and documents are prepared properly from the start. Whether you are dealing with a straightforward estate or a more complex matter involving property, tax or overseas assets, clear legal guidance can make the process less stressful.

For advice on probate, estate administration or future planning, contact the team at Blackhams Solicitors Birmingham .

Freehold vs Leasehold Conveyancing: What Buyers in the Midlands Need to Know

Mon, 18 May 2026 14:18:17 GMT

Buying property in the Midlands gives buyers plenty of choice, from Victorian freehold homes in suburban neighbourhoods to leasehold apartments in Birmingham city centre and modern developments across the region.

What many buyers do not realise at first is that freehold and leasehold purchases involve very different legal processes. The type of ownership affects not only your rights and responsibilities, but also the legal checks, costs, timescales, and risks involved during conveyancing.

This guide explains the practical differences between freehold and leasehold conveyancing, highlights common issues buyers should watch for, and outlines realistic expectations around costs and timelines based on Blackhams’ published ranges.

If you are planning a move in Birmingham or elsewhere in the Midlands, Blackhams Solicitors can help guide you through the process with clear advice and proactive support from start to finish.

Freehold vs Leasehold: Understanding the Difference

The legal structure of a property changes how conveyancing works.

What Is Freehold?

When you buy a freehold property, you own both:

The building
The land it stands on

There is no landlord involved, which usually means fewer ongoing obligations beyond local authority requirements and mortgage conditions.

Freehold conveyancing typically focuses on:

Property title
Boundaries
Rights of way
Planning permissions
Restrictive covenants
Access rights

What Is Leasehold?

Leasehold ownership gives you the legal right to occupy a property for a fixed number of years under the terms of a lease.

The building itself is normally owned by a:

Freeholder
Landlord
Management company

Leasehold properties usually involve additional responsibilities and legal checks.

This can include:

Ground rent
Service charges
Building management
Shared maintenance obligations
Lease restrictions

Because more parties are involved, leasehold conveyancing is often more complex and can take longer.

Why Leasehold Conveyancing Takes Longer

Freehold and leasehold purchases follow the same broad legal stages, but leasehold transactions include several extra layers of investigation.

Additional Leasehold Documents

Leasehold purchases often require:

Lease review
Management company information
Service charge accounts
Ground rent details
Insurance documents
Compliance certificates

More Third Parties Involved

Your solicitor may need information from:

Managing agents
Landlords
Resident management companies
Freeholders

Delays commonly happen when management packs or approvals take time to arrive.

For buyers wanting clear guidance through the process, Conveyancing Solicitors in Birmingham can help manage communication and reduce unnecessary delays.

Searches and Enquiries: What Changes Between Freehold and Leasehold?

Both freehold and leasehold purchases normally include standard searches such as:

Local authority search
Drainage and water search
Environmental search
Land Registry checks

The difference comes in the additional enquiries required for leasehold properties.

Freehold Conveyancing Enquiries

For freehold homes, solicitors commonly investigate:

Property boundaries
Access rights
Planning permissions
Building regulations
Road adoption status
Covenants and restrictions

Depending on location, Midlands properties may also require:

Mining searches
Chancel repair checks

Leasehold Conveyancing Enquiries

Leasehold transactions involve much deeper legal review.

Your solicitor may investigate:

Remaining lease term
Ground rent terms
Rent review clauses
Service charges
Planned major works
Building insurance
Reserve funds
Lease restrictions
Alteration permissions
Management company accounts

They will also request standard leasehold information forms such as:

LPE1
LPE2

Mortgage lenders often have strict lease requirements as well, especially regarding:

Lease length
Escalating ground rent
Building management standards

Common Leasehold Pitfalls Buyers Should Watch For

Leasehold ownership is not necessarily problematic, but buyers should understand the risks before committing.

Short Lease Terms

Leases below 80 years can create difficulties with:

Mortgage approval
Resale value
Lease extension costs

Some lenders may refuse lending altogether if the lease is considered too short.

Escalating Ground Rent Clauses

Certain leases contain aggressive rent review structures that increase rapidly over time.

This can make a property difficult to refinance or sell later.

High Service Charges

Service charges can vary significantly between developments.

Buyers should ask about:

Current annual charges
Planned increases
Reserve fund health
Upcoming repairs

Major works under Section 20 consultations can result in large unexpected bills.

Missing Alteration Consents

Previous owners may have completed alterations without landlord approval.

Examples include:

Removing internal walls
Replacing windows
Installing flooring

Missing licences or permissions can delay transactions and sometimes require indemnity insurance.

Extra Costs Associated With Leasehold Purchases

Leasehold conveyancing often involves additional third-party fees beyond standard legal costs.

Common leasehold expenses include:

Management pack fees
Notice of transfer fees
Notice of charge fees
Deed of covenant fees
Certificate of compliance fees
Share transfer charges

Typical Leasehold Fee Ranges

Depending on the building and management company, these charges often range between:

£50 plus VAT
£300 plus VAT

Buyers should also budget for service charge and ground rent apportionments on completion.

Your solicitor should outline these costs early to avoid surprises later in the process.

Realistic Conveyancing Timescales in the Midlands

One of the most common questions buyers ask is how quickly conveyancing can be completed.

Typical Completion Times

Most freehold and leasehold purchases complete within:

6 to 12 weeks

However, several factors affect timing:

Mortgage approval
Search turnaround times
Chain complexity
Leasehold documentation
Seller responsiveness

Can Conveyancing Be Done in Three Weeks?

A three-week completion is possible in certain circumstances, particularly where:

The property is freehold
The buyer is paying cash
There is no chain
Searches return quickly
Title issues are straightforward

Leasehold purchases rarely move this fast because management packs and approvals are required from third parties.

That said, proactive legal teams can still significantly shorten delays.

Conveyancing Costs: What Buyers Should Budget For

Conveyancing fees vary depending on property value, complexity, and transaction type.

Blackhams’ published purchase fee ranges generally fall between:

£725 plus VAT
£2,500 plus VAT

Straightforward transactions often average around:

£1,250 plus VAT

Additional costs may include:

Land Registry fees
Search fees
Stamp Duty Land Tax
CHAPS transfer fees
Leasehold third-party charges

For tailored pricing and local support, Property Solicitors in Birmingham can provide a fixed-fee estimate based on your property and timeline.

The Five Main Stages of Conveyancing

Although every transaction differs slightly, most purchases follow the same general process.

1. Instruction and Onboarding

This stage includes:

ID checks
Source of funds checks
Client paperwork
Initial contact with the seller’s solicitor

2. Contract Pack and Searches

Your solicitor reviews:

Title documents
Lease documents
Search results

Additional enquiries are raised where necessary.

3. Mortgage and Reporting

Once enquiries are resolved, your solicitor reports to:

You
Your mortgage lender

This stage confirms legal readiness to proceed.

4. Exchange of Contracts

At exchange:

Deposit funds are transferred
Completion date becomes legally binding
Buildings insurance arrangements are confirmed

5. Completion and Registration

On completion day:

Remaining funds transfer
Keys are released
SDLT filings are completed
Ownership is registered with HM Land Registry

A Practical Pre-Offer Checklist for Buyers

Before making an offer, buyers should gather as much information as possible.

For Leasehold Properties

Ask for:

Remaining lease length
Ground rent amount
Service charge history
Planned major works
Building insurance details
Restrictions on pets or subletting

For Freehold Properties

Check for:

Shared driveways
Estate charges
Boundary issues
Parking rights
Planning permissions

For New Builds

Request:

Warranty information
Snagging procedures
Developer pack details

Asking the right questions early can prevent expensive surprises later.

How Blackhams Helps Keep Transactions Moving

Property chains can slow down quickly when communication breaks down.

Blackhams Solicitors focuses on proactive communication and early information gathering to reduce delays wherever possible.

This includes:

Early management pack requests
Fast enquiry follow-ups
Liaison with lenders and agents
Practical solutions for minor issues
Clear updates throughout the transaction

For buyers dealing specifically with leasehold purchases, Blackhams Conveyancing Services can assist with management company enquiries, lease reviews, and lender compliance requirements.

FAQs

Final Thoughts

Freehold and leasehold purchases may look similar at first, but leasehold conveyancing brings additional legal checks, documentation, and costs that buyers need to understand before proceeding.

Most transactions across the Midlands take between six and twelve weeks, although timing depends heavily on mortgage processing, chains, searches, and third-party responses.

By gathering information early, asking the right questions before making an offer, and working with experienced solicitors, buyers can reduce delays and avoid unnecessary complications.

Whether you are buying your first flat in Birmingham or moving into a freehold family home elsewhere in the Midlands, Blackhams Solicitors can help guide your transaction with practical advice, clear communication, and tailored conveyancing support.

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.

5def871c

Probate in Birmingham and Solihull: Timescales, Costs and Tips

Probate in Birmingham and Solihull: Timescales, Costs and Tips

What probate means

The main stages of probate

Gathering information and valuations

Inheritance Tax reporting

Applying for probate

Estate administration

How long probate takes in Birmingham

What probate costs in the UK

Grant-only probate services

Full estate administration

Additional disbursements

Is probate quicker with a solicitor?

Understanding the six-month probate rules

Inheritance Tax deadlines

Claims against the estate

Practical ways to avoid delays

Documents to gather

Probate for complex and cross-border estates

FAQ

How long is probate taking in Birmingham?

Who decides if probate is needed?

Is probate quicker with a solicitor?

How much does probate cost in the UK?

What is the six-month rule in probate?

Speak to Blackhams about probate support

Freehold vs Leasehold Conveyancing: What Buyers in the Midlands Need to Know

Freehold vs Leasehold: Understanding the Difference

What Is Freehold?

What Is Leasehold?

Why Leasehold Conveyancing Takes Longer

Searches and Enquiries: What Changes Between Freehold and Leasehold?

Freehold Conveyancing Enquiries

Leasehold Conveyancing Enquiries ﻿

Common Leasehold Pitfalls Buyers Should Watch For

Short Lease Terms

Escalating Ground Rent Clauses

High Service Charges

Missing Alteration Consents

Extra Costs Associated With Leasehold Purchases

Typical Leasehold Fee Ranges

Realistic Conveyancing Timescales in the Midlands

Typical Completion Times

Can Conveyancing Be Done in Three Weeks?

Conveyancing Costs: What Buyers Should Budget For

The Five Main Stages of Conveyancing

1. Instruction and Onboarding

2. Contract Pack and Searches

3. Mortgage and Reporting

4. Exchange of Contracts

5. Completion and Registration

A Practical Pre-Offer Checklist for Buyers

For Leasehold Properties

For Freehold Properties

For New Builds

How Blackhams Helps Keep Transactions Moving

FAQs

Final Thoughts

Will Aid 2025

Why Blackhams Solicitors Stand Out Across the West Midlands

Solicitors Committed to Excellence and Client Care

Decades of Legal Experience

Comprehensive Legal Services

A Trusted Legal Partner for Business

Client-Centred Approach

Tailored Legal Support for Individuals

Contact Blackhams Solicitors Today

Article: Demystifying Will Formalities

Demystifying Will Formalities

How do you execute a will?

Who can witness a will?

How many people should witness a will?

Does a will need to be dated?

Can a will be altered or amended?

Should a will be handwritten or typed?

What if the testator is unable to sign their will?

Preparing a Will, not so simple after all!

135 year old law firm appoint Family Solicitor as Partner

Leasehold Conveyancing Enquiries