Home Office Announces Further Crackdown on Student Visas

The UK government has announced new proposals to further crack down on student visas, aiming to tackle student visa abuse and ensure that this route is not used as a gateway to immigration, according to the Home Office.

The new measures proposed by the Home Secretary and Education Secretary include:

Raising financial maintenance requirements for international students to prove their financial self-sufficiency;
Reviewing English language assessments to standardise independent assessments, ensuring all international students have the skills to understand their course materials;
Introducing tougher compliance standards for institutions recruiting students from overseas, with improved control over recruitment agents.

Additionally, universities that accept international students who then fail to pass the Home Office’s visa checks, enrol, or complete their courses will risk losing their sponsor licence.

Currently, overseas students are required to have £1,334 per month (for up to nine months) for courses in London and £1,023 per month (for up to nine months) outside London to prove they have enough money to support themselves during their studies in the UK. This requirement is waived if they have been in the UK with a valid visa for at least 12 months at the time of application.

For the English language requirement, overseas students will need to prove they can read, write, speak, and understand English to the equivalent level of CEFR level B2 if they’re going to study a degree course, or CEFR level B1 if they are studying below a degree level.

The Home Office has not yet confirmed how and when they plan to increase the financial maintenance requirements, nor what steps will be taken to standardise the English assessments.

“We have taken decisive and necessary action to deliver the largest cut in legal migration in our country’s history. Applications are already falling sharply, down by almost a quarter on key routes in the first four months of this year compared to last, with the full impact of our package still to be seen.

“But we must go further to make sure our immigration routes aren’t abused. That’s why we are cracking down on rogue international agents and, building on work across government, to ensure international students are coming here to study, not work,” Home Secretary James Cleverly has said.

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McDonald’s Compensated by Landlord for Misrepresentation in Lease Renewal Dispute

A recent case involving McDonald’s, has resulted in the landlord at its now-closed County Hall location being forced to pay the fast-food giant compensation. This follows the landlord’s misrepresentations at a previous County Court trial regarding the nature of the business which it sought to replace McDonald’s with. The case offers lessons for commercial landlords about the importance of ensuring that they do not misrepresent when it comes to refusing a lease renewal in order to occupy a premises for themselves.

Background

McDonald’s held a lease at County Hall in London which was reaching its expiration. At this point, McDonald’s sought to renew its lease under the Landlord and Tenant Act (LTA) 1954. However, this renewal was opposed by the landlord of the commercial space, Shirayama Shokusan Company Ltd.

The basis for this opposition to the renewal of the lease was on the grounds of section 30 (1) of the LTA, which enables landlords to refuse the renewal of a lease in cases where they ‘genuinely intend to occupy the premises for their own business purposes’.

In preventing the continued occupation of the building by McDonald’s, the landlord claimed their intention to open a Zen Bento restaurant. This intention was supported by a detailed business plan, architectural plans, projected opening date and court undertaking by the landlord. The County Court refused McDonald’s application for a new lease based on the argument made by the landlord.

However, following the hearing it was discovered by McDonald’s that the Zen Bento had not been opened by the purported opening date, and there had also been very little work done to advance the opening of said restaurant. Instead of proceeding, the landlord explored various alternative uses for the premises, such as the potential opening of a Spanish fish restaurant.

This resulted in McDonald’s filing for compensation and arguing that the landlord had misrepresented its intentions regarding its claim to be opening a Zen Bento restaurant. The legal proceedings were initiated under Section 37A of the LTA 1954, which provides for tenant compensation in situations where a court has been misled into refusing a new lease based on landlord misrepresentation or concealment of material facts.

What did the court decide?

The court made the decision that the landlord had deliberately misrepresented its intention to operate the Zen Bento restaurant, which resulted in the County Court denying McDonald’s a new lease. When scrutinising the documents and the actions of the landlord following the County Court’s initial hearing, a stark contrast was found between the representations by the landlord and their subsequent behaviour. The misrepresentation by the landlord was deemed by the court to have directly influenced the County Court’s refusal to grant McDonald’s a new lease.

The court also decided that McDonald’s was entitled to claim compensation. This was not determined at the time, with this to be decided in a subsequent trial. This trial will be focused on the quantification of damages which McDonald’s has suffered as a result of the misrepresentation.

Our thoughts

This is not the first case where the landlord had been caught out by the Act. The Court of Appeal considered a case with similar facts in Inclusive Technology –v- Williamson over 14 years ago.

The landlord in this case initially served a statutory notice terminating the business’ tenancy in June 2006, indicating plans for works at the end of the tenancy. However, the landlord later changed its mind without informing the tenant, who vacated the property based on the initial plans. The tenant brought a claim for compensation under section 37A and was awarded compensation by the Court of Appeal. The court found that the landlord’s failure to communicate the change in plans constituted a misrepresentation, entitling the tenant to compensation for the increased cost of finding alternative accommodation.

The court’s position on this issue has been consistent. Both cases highlight the importance of fair dealing between landlord and tenant. In these circumstances, when the representation had been a continuing one, had at one point became false. It is the landlord’s duty to correct it when it becomes false to his knowledge.

We have previously successfully acted for both landlord and tenant on cases involving S25 of the LTA 1954. And the judgement in the current case finding for McDonald’s is in line with the principle of fair dealing and the provisions of section 37A of the LTA 1954. It is the landlord’s duty to avoid misrepresentation and concealment in dealing under such circumstances. We remind both the landlord and the tenant to act by the principle and to exercise with caution when terminating the lease to avoid pitfalls.

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Final bills become law ahead of UK general election

As the UK heads to a general election on 4^th July, a number of bills have received royal assent in advance of the dissolution of Parliament. This rush to pass legislation is part of the so-called ‘wash-up’ period, which is when any unfinished parliamentary business must be passed by both the House of Commons and House of Lords. If they do not pass before parliament is dissolved then they will fail.

With this in mind, let’s take a look at some of the bills which passed, as well as touch on some of those that didn’t after the Prime Minister Rishi Sunak called a general election.

Leasehold and Freehold Reform Bill

A bill that we have covered extensively, but was at risk of not passing, is the Leasehold and Freehold Reform Bill. We first took a look at the Leasehold and Freehold Reform Bill in the form it was introduced back in November 2023 here, and the government’s backing down on scrapping ground rent here.

In the latter article, we touched on the introduction of a ground rent cap of £250 per year as an alternative to scrapping ground rent, but this also failed to make final version of the bill. There will therefore be no changes to ground rent. So what changes will the Leasehold and Freehold Reform Bill make to the property sector?

Cheaper and easier for leaseholders to extend their lease, buy their freehold and take over management of their building
Increase standard lease extension terms to 990 years for houses and flats
Provide greater transparency around service charges
Make it easier to challenge ‘unreasonable challenges’ by landlords at a Tribunal.
Ban the sale of most new leasehold houses
Scrap the requirement for a leaseholder to have owned their home for two years before they can buy or extend their lease

Post Office (Horizon System) Offences Bill

This bill aims to address the convictions of Post Office sub-postmasters who were convicted in the infamous Horizon scandal. It also means that those who have been convicted will be eligible for compensation. The scandal became a major news story in the UK following the broadcasting of the ITV drama, Mr Bates vs The Post Office, leading to calls for justice for those who were convicted.

Digital Markets, Competition and Consumers Bill

This bill focuses specifically on consumer rights online.

This includes changes to subscription contracts, which will now be under stricter regulation, including pre-contract information obligations, cooling-off rights, reminder notices and termination rights.

Furthermore, drip pricing, which adds additional charges to the initial price you pay online at the checkout, will be banned.

Finally, the bill includes a ban on foreign governments owning UK newspapers. There had previously been concerns about the UAE government taking over The Telegraph newspaper, resulting in its inclusion in the bill.

Victims and Prisoners Bill

Finally, another significant bill which has passed is the Victims and Prisoners Bill. You may have heard about the infected blood scandal, which resulted in more than 30,000 victims being infected with hepatitis C or HIV as a result of receiving contaminated blood in the 1970s and 1980s.

Following decades of prevarication and inaction towards helping victims, they are finally due to receive some form of justice, with the cost of compensation potentially totalling £10bn.

Bills which didn’t pass

As for bills which failed to be passed, several high profile pieces of legislation didn’t make the cut. Of chief concern for many Lisa’s Law readers will be one bill in particular, the Renters (Reform) Bill. Let’s examine this bill and look at why it failed to become law.

Renters (Reform) Bill

One of these is another bill that we have looked at in great details, the Renters (Reform) Bill. This first came into being following the 2019 General Election, when the Conservatives promised in their manifesto that they would ban Section 21, also known as no-fault evictions. Despite this, there has been extensive opposition from within the Conservative Party, many of whom are landlords wanting better protections.

Lack of time due to the dissolution of parliament was blamed for the bill failing to pass. Many renters will be disappointed given the expansion of rights which were promised by the Conservative government five years ago.

Other bills which failed to pass in time include the Tobacco and Vapes Bill, the Football Governance Bill, the Criminal Justice Bill, the Arbitration Bill, and the Sentencing Bill. It remains to be seen whether an incoming Labour government would reintroduce any of this legislation to Parliament.

Our thoughts

That’s everything that we will be discussing today when it comes to the final pieces of legislation during the general election wash-up period. With the general election coming on 4^th July, and the current opposition Labour Party leading considerably in the polls, we can perhaps expect to see considerable changes to UK law during this coming year. As always, we at Lisa’s Law will keep you updated on any legal changes. Subscribe to our newsletter for further updates.

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Auction Purchases vs. Standard Property Purchases – what are the pros and cons?

If you’ve ever looked at purchasing a property, you will have come across a range of listing types across property websites. Purchasing property in England can be done through several methods, with auction purchases and standard purchases being two of the most common.

Each type has distinct processes, advantages, and potential pitfalls. In today’s article, we take a brief look at how these two methods differ. By the end of this article, you should hopefully have a much better understanding of the pros and cons for each method.

Auction Property Purchase

Speed of Transaction

– Immediate Exchange: One of the most significant differences is the speed. In an auction, if you’re the highest bidder when the gavel falls, you’ve immediately exchanged contracts.

– Completion Timeline: Completion typically occurs within 28 days of the auction, though this can vary depending on the auction house terms.

Preparation and Research

– Intense Preparation: Prospective buyers must conduct thorough due diligence before the auction. This includes viewing the property, reviewing the legal pack (provided by the auction house), and arranging finance.

– Non-Refundable Deposits: If your bid is successful, you are required to pay a 10% deposit on the day of the auction. This deposit is non-refundable if you fail to complete the purchase.

Legal and Financial Readiness

– Legal Commitment: Bidding at an auction is a legally binding commitment. Once the gavel falls, you are obligated to complete the purchase.

– Pre-Arranged Finance: Buyers need to ensure that their finances are in order prior to the auction, as there is no room for delays post-auction.

Costs

– Auction Fees: Buyers must consider additional costs such as auction house fees, which can be a percentage of the property price or a fixed fee.

– Survey Costs: Given the fast-paced nature, buyers may need to pay for surveys and valuations before the auction without a guarantee of securing the property.

Standard Property Purchase

Timeline and Flexibility

– Negotiable Timeline: The process is generally more flexible and can take several weeks to several months, allowing for negotiations and adjustments.

– Conditional Offers: Buyers can make offers that are subject to conditions, such as obtaining a mortgage, satisfactory surveys, and other due diligence.

Preparation and Research

– Ongoing Research: Buyers often conduct viewings and obtain surveys after their offer is accepted but before contracts are exchanged.

– Conditional Process: Offers can be withdrawn or renegotiated if issues arise during the survey or legal searches.

Legal and Financial Readiness

– Step-by-Step Commitment: Buyers are not legally bound until contracts are exchanged, providing an opportunity to withdraw from the purchase if necessary.

– Mortgage Arrangements: There is typically more time to arrange a mortgage, though a mortgage offer should ideally be in place before making an offer.

Costs

– Negotiated Costs: Many costs, such as legal fees, survey fees, and mortgage arrangement fees, are similar to those in an auction purchase but are often paid only once a firm decision is made.

– Potential Hidden Costs: There may be unexpected costs discovered during surveys or legal searches, which can be negotiated with the seller.

Key Differences

Certainty

– Auction: High certainty post-auction. Once the gavel falls, the deal is legally binding.

– Standard Purchase: Greater flexibility with the possibility of negotiations or withdrawing without legal consequences until exchange of contracts.

Level of risk

– Auction: Higher risk due to immediate commitment and requirement for pre-purchase preparation.

– Standard Purchase: Lower risk as there’s room for detailed due diligence and negotiations.

Financial Planning

– Auction: Requires immediate availability of funds for the deposit and quick access to the remaining balance.

– Standard Purchase: Allows more time to secure financing and manage funds.

Market Dynamics

– Auction: Properties at auction are often those needing refurbishment, repossessed homes, or investment opportunities, which may not suit all buyers.

– Standard Purchase: Offers a wider range of property types, often including homes in better condition and ready for immediate occupancy.

Conclusion

Both auctions and standard property purchases have their own sets of advantages and challenges. Auctions provide a fast, decisive way to purchase property, often attracting investors or those looking for a project. Standard property purchases offer more flexibility and time, appealing to traditional homebuyers. Understanding these differences can help buyers choose the method that best suits their circumstances and goals. Lisa’s Law is experienced in dealing with both cases and will be able to advise any client extensively throughout either process. If you have any enquiries, feel free to contact me.

Have questions? Get in touch today!

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EU Settlement Scheme changes confirmed by the Home Office

The Home Office has announced a number of changes to the EU Settlement Scheme. Those who have been granted pre-settled status under the EU Settlement Scheme will have their rights strengthened by the newly implemented changes. Let’s take a look at what the EU Settlement Scheme changes are.

Duration of pre-settled status extensions

The first major change is that the duration of pre-settled status extensions has been increased from 2 to 5 years. Furthermore, pre-settled status holders will no longer lose this status due to residence abroad for 2 years. From now on, pre-settled status holders will be on a parity with those who have settled status. This amounts to five years normally, as well as four years for Swiss nationals and their family members.

Removal of pre-settled status expiry date from digital profiles

There has also been a significant change when it comes to Right to Work, Right to Rent and View and Prove. The pre-settled status expiry date has been removed from the digital profiles shown to third parties for the online checking services related to these checks. In addition to this specific change, where an individual remains in their employment or as part of a tenancy agreement, employers, landlords and letting agents will no longer be required to conduct a further right to work or right to rent check.

This news will be welcomed by those with pre-settled status, who have on occasion been subject to temporary contracts as it could be seen by employers that their pre-settled status was due to expire.

After Brexit, the loss of automatic residence rights for EU citizens in the UK resulted in the necessity of the EU Settlement Scheme. As of 31^st December 2023, 5.7 million people have secured their rights in the UK. This consists of 2 million people holding pre-settled status, as well as 3.7 million people holding settled status in the UK.

For those with pre-settled status, you are usually able to apply for settled status once you have lived in the UK for 5 years in a row.

Have questions about this? Feel free to contact us today and we will be happy to help.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

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Skilled Worker Visa Update: Running Own Business Now Allowed

The Skilled Worker visa is often considered a “golden ticket” for individuals seeking to live and work in the UK under sponsorship from an employer. After five years, visa holders can even apply for settlement. However, this visa also comes with certain conditions and restrictions. One of the limitations is on undertaking additional work.

Previously, under the Skilled Worker visa route, individuals could take on work outside their sponsored employment, but only to a limited extent – for a maximum of 20 hours per week. They would also have to meet the following conditions:

The additional work must be in the same occupation code and at the same level as the job stated on their Certificate of Sponsorship; or
It must fall under the Shortage Occupation List.

Therefore, it was often challenging for most skilled worker visa holders to meet these conditions if they wished to start a side business.

Now, we are pleased to see new changes. The Home Office has removed the restriction on the type of additional job. According to the latest guidance for the Skilled Worker visa, despite the 20-hour limit, visa holders are no longer required to meet the same job category nor the shortage job category rules. They can now work in other jobs or even start their own businesses, as long as the job matches a qualifying occupation code listed on the Home Office website.

These changes provide skilled worker visa holders with greater flexibility in their employment options, and we welcome them.

Should you wish to learn more about the skilled worker visa or apply for one, please do not hesitate to contact Lisa’s Law. Our experienced solicitors will be happy to assist you.

Have questions? Get in touch today!

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Uber hit with £250m lawsuit from London cabbies – could Uber be forced out of the capital?

Since Uber was born in 2010, it has blown away the competition of many local taxi companies in major cities around the world. Uber currently operates in 10,500 cities in about 70 countries around the world, with an annual turnover of US $37 billion. It is therefore the world’s largest taxi company. Uber has more than 150 million monthly active users with 28 million people using it to travel every day.

Uber’s high profile makes it a big target for public criticism. After all, the company’s emergence has taken away jobs from the traditional taxi industry.

Not only that, but Uber also defines its drivers as gig workers or independent contractors, a practice that has drawn widespread criticism and legal challenges around the world.

On May 2nd, more than 10,000 London taxi drivers launched a multi million pound lawsuit against Uber. The claimants allege that Uber deliberately misled Transport for London (TFL) about how its app works in order to obtain a license. The basis for this is Uber’s operations between May 2012 and March 2018.

The claim is worth as much as 250 million pounds, leading to drivers potentially receiving as much as £25,000 each.

So why did London taxi drivers launch a lawsuit against Uber? And will the Uber lawsuit lead to them exiting London?

Uber’s years-long battle with London’s taxi industry, regulators and its drivers

In London, red double-decker buses and black taxis are one of the iconic symbols of this international city.

After Uber entered the London market, the London taxi industry became severely squeezed, with Uber’s highly competitive prices and greater convenience putting them at an advantage.

As a result, a dispute between the London taxi industry and Uber arose. Together with former Uber drivers and politicians, some are pressuring regulators to force Uber to withdraw from the London market.

Are Uber drivers self-employed?

Since it began operating, in Uber’s eyes, its drivers were previously self-employed. This means that they are responsible for their own insurance and taxes, and do not enjoy certain employment rights, such as the national minimum wage and holiday pay. But in the eyes of Uber drivers, they hope to be defined as employees so that they can obtain certain labour rights.

In March 2021, the UK Supreme Court ruled that Uber drivers are workers and are not self-employed This was a major win for Uber drivers, who now have greater protections and workers’ rights as a result.

Uber faces another £250 million legal challenge as license expires

In March 2022, Uber’s operating license in London was due to expire again (March 27, 2022), meaning another confrontation with the London Transport Authority. This time, Transport for London believed that Uber met its standards and issued a 30-month (2.5-year) operating license. Uber will therefore face a review of its operating licenses once again in September 2024.

Currently, there are still four months until Uber’s operating license in London expires. Uber is therefore once again under challenge by London taxi drivers with this most recent case.

RGL Management, the claimant representing London taxi drivers, said that Uber breached private taxi licensing rules by allowing its drivers to take bookings directly from customers rather than through a central system such as a minicab service, which is a booking system. They also said that Uber deliberately misled Transport for London in order to obtain an operating license in 2012.

During this period, London taxi drivers suffered losses of more than £250 million as the number of customers fell and they had to extend their working hours to compete with Uber. As a result of this, individual drivers may be eligible for compensation of up to £25,000.

If the London taxi drivers win, Uber will not only have to pay this high claim, but it may also be unable to successfully obtain a new operating license in September, forcing it to leave London.

So, is it possible that Uber will lose the lawsuit?

Judging from the information released so far, it is unclear whether Uber will win this lawsuit or not.

Uber argue that the claims of London taxi drivers are completely unfounded, that they are currently operating legally in London and have obtained full permission from TFL.

This kind of case retroactively requires the claimant to produce clear evidence to prove that Uber had “deliberate concealment” when applying for a license at the time, but it is relatively difficult to prove.

In addition, as for the compensation of 250 million pounds, the claimant also needs to provide actual data to prove the impact of the emergence of Uber on taxi drivers. Generally, this requires independent data and reporting from a third party.

From the above two aspects, the success of the case is still quite difficult for RGL Management, the litigation claims agency representing London taxi drivers.

If the case is not dismissed out of hand, it will be interesting to see how Uber allegedly misled TfL about the workings of its operating systems. However, it is not uncommon in such cases for lawsuits to be settled before public disclosure. A settlement is often reached to avoid lengthy legal proceedings and potential reputational damage. We’ll wait and see how this particular case develops and whether the legal process will expose Uber’s operations.

Since this case has just been litigated, we will follow up and share more information about it with you in the future. If you encounter any unfair competition or other problems in business operations, please feel free to consult the Lisa’s Law Litigation Department.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

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James Cook

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Trainee lawyer qualifies as Solicitor!

We are delighted to announce that Trainee Solicitor, Lily Dai, has successfully completed her training contract and been admitted as a Solicitor in England and Wales.

Lily has demonstrated considerable hard work and dedication during her training, while ensuring that her excellent client care has not wavered. This is a significant milestone in the career of any lawyer, and we congratulate Lily on this fantastic achievement. We wish her continued success as a Solicitor at Lisa’s Law and are excited to watch her continued development.

Lily added:

This is just the beginning, I’m so fully aware that there is still so much more to learn and I will never stop learning. I am also ready to contribute my knowledge and skills to the team’s continued success.

More information about Lily

Lily’s academic achievements, including her completion of the GDL and LPC with Distinction awards, attest to her commitment and aptitude for the legal profession. Her proactive involvement in pro-bono work within the Chinese community in the UK since 2020 underscores her altruism and dedication to serving others.

Since joining Lisa’s Law Solicitors in May 2022, Lily has demonstrated exceptional skills and a strong work ethic, contributing significantly to the legal team. Her experience spans various legal areas, including immigration, conveyancing, and corporate law.

Beyond her professional pursuits in law, Lily is an certified advanced scuba diver with over 100 dives across various seas worldwide.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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James Cook

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What are the immediate steps to take when someone dies?

Losing a family member is a very challenging time for anyone. Not only is there the grief involved, but for close family members of the deceased, there are a number of matters to deal with in the immediate aftermath. In this article, we will take you through the various steps of what must be done when someone dies.

Registering the death

Upon the date of death or finding of the body, the death must be registered within five days. This is usually undertaken by a member of the deceased’s immediate family. This is a very important step as the burial or cremation will not be allowed to go ahead unless the death has been registered.

To do this, you must go to a register office. You can find one by using the following link on the government website: https://www.gov.uk/register-offices

It is best to go to a register office in the area where the person died because there will be a delay to the documents you need if you do not. You will usually need to schedule an appointment at the register office in advance.

The medical certificate certifying the death will be need to be provided to the registrar before a certificate for the burial or cremation of the body. It is also necessary for a certificate for social security benefits to be issued.

The registrar will also explain the Tell Us Once service to you. This reports the death to the majority of government departments when someone dies.

You will also need to contact other organisations such as pension providers, insurance companies, banks, employers, mortgage providers, utility companies etc.

Funeral arrangements

Following the registration of death, funeral arrangements must also be made. These are usually made by a member of the deceased’s immediate family. The person who died may have left instructions in their will with regards to their funeral.

Without clear wishes, the nearest relative or the executor of the will should usually be the one who decides if the body is to be cremated or buried. They will also decide the type of funeral.

Funeral arrangements are payable out of the deceased’s estate. However, this only applies in situations where:

They are reasonable in relation to the deceased’s status in life, or;
They are authorised under the Will

Identify assets and liabilities

As the person responsible for the estate, the personal representatives of the deceased should also identity the assets and liabilities. They must then send preliminary letters to all of those who are holding assets, claiming debts, or also those who have knowledge of the deceased’s affairs. These include:

Banks
Building societies
Investment managers and stockbrokers
National Savings & Investments Accounts
National Savings Certificates, Bonds and SAYE contracts
Life insurance policies
Annuities
Deceased’s employer or place of business
Private pension
State pension
Social security benefits
Beneficial interests in other trusts or estates
Insurance claims
HMRC
Lifetime transfers
Private health insurance
Unclaimed Assets Register
Liabilities

The letter which is sent should notify the above of the death, including a copy of the death certificate and also request further information.

Securing and protecting assets

Following this step, the Personal Representatives should locate and obtain the deceased’s title deeds or Land Certificates, locate and obtain the deceased’s documents supporting the existence of assets and liabilities. Examples of these include account books, life policies, share certificates, cheque books and credit cards, records of digital assets and crypto-assets, locate all loose cash.

The PRs should also make enquiries regarding whether the deceased owned any foreign assets, or whether a foreign will was made to deal with those assets.

Obtaining the Will

The will must also be obtained. If it cannot be found at the home of the deceased then there are a number of options.

It is advisable to contact any solicitors that the deceased may have dealt with, as well as any other friends and family.

If this proves to be unsuccessful, it is possible to conduct a search of the National Will Register to see if a Will was registered with them. This will cost £126.

When a person dies, their Will plays a vital role in determining who carries out their wishes and how their assets are to be distributed. A Will Search is a necessary step to establish if a Will or later Will exists for the person who has passed away before proceeding with probate. Personal Representatives (an executor or administrator) have the legal authority and responsibility to distribute the estate correctly. They will be held liable should a later Will come to light after the estate has been distributed.

Checking the Will’s validity

Finally, a fundamental step in the immediate aftermath of a close one’s death is to check the validity of the will. Failure to do so means that issues arise which may not allow the Will to be admitted to probate. There are a number of checks which should therefore be made. These include that it:

Has been executed in accordance with the appropriate formalities
Has not been revoked by operation of law or destruction
Has not been altered
Was made when the testator was over 18
Does not have staple or paperclip marks
Does not have any pages missing
Is the latest version of the Will

Furthermore, there are a few basic requirements for a valid Will. These include that the testator must:

Have the capacity to make a Will
Have the intention to make a Will
They must also comply with the prescribed formalities for a valid Will

Our thoughts

Dealing with the practical matters of a loved one’s estate can feel overwhelming amidst the grief of loss. It’s completely understandable that sorting through assets and liabilities might not be the first thing on your mind. However, understanding what steps to take immediately following their passing can provide a sense of direction during this tumultuous time.

In addition to the emotional burden, there are also legal obligations that come with managing an estate. One such obligation is the submission of the inheritance tax account by the Personal Representatives within a specific deadline. Failing to meet this deadline can result in penalties, adding further stress to an already challenging situation. In a follow-up article, we’ll delve deeper into these deadlines and the potential consequences of missing them.

If you find yourself needing support during this process, whether it’s guidance on probate matters or assistance with paperwork, please don’t hesitate to reach out to us. We are here to offer our support and expertise every step of the way.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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Seasonal worker visa route extended to 2029

The government has announced that it will extend the Seasonal Worker visa route from 2025 to 2029. This is in response to the dramatic increase in the demand for migrant workers via this route.

The visa quota for horticulture rises from 2500 in 2019 to 45000 in 2024. Meanwhile, he number of visas available to the horticulture sector in 2025 will be set at 43000 with another 2000 visas for poultry.

The government expects the horticulture and poultry sectors to reduce demand for migrant worker visas over the next 5 years. It agrees to recommendations and calls on the sector and its employers to do more to attract and retain British workers.

It is also the government’s ambition to turbo-charge automation in the horticulture sector to help boost productivity and help it transition away from low-skilled migrant labour as soon as possible. They recognise that automation advancements cannot happen immediately. However, they are committed to incentivise and support the sector to automate, such as by bringing prototypes to human picking parity, to deliver the huge economic and technological benefits it offers.

The quota levels for Seasonal Worker visas from 2026 to 2029 will be published later this year.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

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