Occupying Land Without Permission? The Consequences of Adverse Possession

Many people assume that if land is unused or the owner is not paying attention, it can be occupied without serious consequences. Some also believe that the owner can simply recover the land at any time. In reality, taking possession of land without permission can create legal risks, but in some cases, it can also lead to legal rights over time. This area of law is known as adverse possession, and it is more complex than many expect, especially where the land is registered.

Written by Paul Cheuk, Solicitor

Adverse Possession: Gaining Rights Over Time

Adverse possession allows someone who occupies land without the owner’s consent to potentially become the legal owner.

To succeed, the occupier must show that they:

Have factual possession of the land (for example by fencing it or using it exclusively)
Intend to possess the land as an owner would
Occupy the land without the owner’s permission

This must continue for a significant period of time. For registered land, the minimum period is usually ten years.

Registered Land: Why It Is Harder Than You Think

The law gives strong protection to registered owners. After ten years of occupation, the person in possession can apply to the Land Registry to become the owner under Schedule 6 of the Land Registration Act 2002. However, the registered owner will be notified and has the right to object.

In most cases, if the owner objects and serves a counter notice, the application will fail unless the occupier can rely on a limited exception, namely:

The owner led them to believe they had a right to the land (proprietary estoppel)
They have some other legal entitlement
The claim relates to a reasonable boundary mistake

These exceptions are narrow, and most claims do not succeed if the owner takes action. Recent case law has also clarified how some of these requirements are interpreted in practice. For example, the Supreme Court’s decision in Ridley v Brown considered how the ten-year reasonable belief requirement operates in boundary disputes. Read our analysis of this case here.

Where an objection is raised and the position is disputed, the matter may be referred to the First-tier Tribunal (Property Chamber) for determination. The Tribunal will consider the evidence and decide whether any of the statutory conditions are satisfied.

What If the Owner Does Nothing?

Even if the first application fails, the situation does not necessarily end there.

If the occupier remains in possession and the owner does not take steps to recover the land within a further two years, the occupier may be able to apply again.

At that stage, the Land Registry will usually register the occupier as the new owner. This means that ignoring the situation can have serious long term consequences for the legal owner.

The Risks for Both Sides

For occupiers, the process is uncertain. Simply being on the land is not enough, and a claim can fail if the legal requirements are not met. Even long periods of occupation do not guarantee success, particularly where the land is registered and the legal owner takes action.

There is also a financial risk. If a claim is unsuccessful, the occupier may face hefty legal costs, potential removal from the land, and the loss of any money spent improving or maintaining the property. In some cases, developments or structures built on the land may have to be removed.

For landowners, failing to act can lead to the loss of valuable property rights. The current law is designed to give owners the opportunity to object, but it still requires them to take action when notified. Ignoring correspondence from the Land Registry or delaying a response can significantly weaken their position. Even where an objection is made, the owner must take further steps to recover possession if the occupier remains on the land. If no action is taken within the required time, ownership of the land can still be lost.

Disputes of this kind can also delay sales, affect development plans, and lead to costly legal proceedings. Buyers, lenders, and developers will often raise concerns about occupation or potential claims, which can reduce the value of the land or prevent transactions from proceeding altogether.

In many cases, what begins as an informal or overlooked situation can escalate into a complex legal dispute with long term consequences for both parties. Disputes of this kind, often involving significant value at stake, typically require careful analysis and advice from a specialist property lawyer.

What You Should Do

If you are occupying land without a formal agreement, it is important to understand your position and the risks involved. Taking early legal advice can help you avoid disputes and maintain your rights.

If you are a landowner and become aware of someone occupying your land, you should act promptly. Ignoring the situation may weaken your position over time.

At Lisa’s Law, we advise both landowners and occupiers on adverse possession claims, boundary disputes, and land occupation issues. If you are affected by any of these issues, contact our team for clear advice and practical support in protecting your rights and resolving the dispute efficiently.

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 [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

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James Cook

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Latest Changes to the Immigration Rules – March 2026

The new Statement of Changes to the Immigration Rules: HC 1691 was released on 5^th March, with some significant consequences for those affected. In this article, we highlight some of the key changes that are set to take place.

Written by Mahfuz Ahmed, Immigration Supervisor

Settlement – English language requirement to increase from B1 to B2

Changes will take effect from 26^th March 2027. The Home Office has given a longer implementation date to allow people enough time to prepare. Please note this applies to long residence, family and business immigration routes.

Asylum Protection reduced from 5 years to 30 months

This will apply to all those who claim asylum after 2^nd March 2026. Those who have obtained asylum on 1^st March 2026 or prior will remain eligible for settlement after 5 years. Also unaccompanied children who have claimed asylum will still get 5 years leave.

Asylum seekers (temporary permission to work)

Previously those who have had the asylum claim pending for more than a year could work in roles in the immigration salary list. This has now been changes to roles included in Appendix Skilled Occupations and the RQF level 6 or above on the skilled worker route.

Deportation to now include those with suspended sentences

Previously those who had committed an offence and received a custodial sentence of 12 months or more were liable for deportation. This now includes those who have received suspended sentences of 12 months or more.

Expansion of Hong Kong British National (Overseas Route)

To now include adult children who were under 18 on 1^st July 1997 eligible for the BNO route. Read our article all about this here.

Skilled worker – pay periods

Skilled workers are now required to be paid their salary in each pay period, so that UKVI do not need to wait a full year to assess when there are concerns about underpayment.

No student visa for nationals of Afghanistan, Cameroon, Myanmar and Sudan

There is now a ban for those applying for student visas from the above country.

Should you have any queries about the above changes, then please contact us. We would be more than 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.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

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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Will Drafting Advice Part 2 – Next Steps: Protecting and Reviewing your Will

Part 1 of our Will Drafting Advice explained the importance of making a Will, as well as the requirements and process of doing so. This article will go through what you should do after signing, keeping your Will updated, and practical steps to reduce disputes.

Written by Aurora Chan, Legal Assistant

Steps After Execution

Once your Will has been validly executed, there are still several considerations to ensure that it can be administered smoothly.

Storing your Will Safely

It is very important to keep the original copy of the Will in a safe place. The Probate Registry in England and Wales will only accept the original, wet-ink signed Will when applying for a grant of probate. Scans, photocopies, or photographs are not legally sufficient. If the original is lost, a fresh Will must be executed.

However, avoid storing it too securely or secretively, as difficulties will arise if the Will cannot be found. Instead, you should let your executors know about the Will and where the original copy is kept so they can locate and access it promptly upon your passing.

Registering your Will

There is no legal requirement in the UK to register a Will with the government. Some individuals choose to register their Will with the National Will Register. However, in practice, this step is not strictly necessary if your executors are aware of the Will and can locate the original copy.

Maintaining an Asset Log

It is advisable for you to maintain a private, up-to-date record of all your assets and liabilities. This will assist your executors in locating all your assets such as bank accounts, investments, insurance policies, and so on.

Without such a record, administration can be time-consuming and cumbersome, as executors may need to contact a wide range of financial institutions to find your accounts.

The contents of the log can be kept confidential during your lifetime to protect your privacy but executors should be able to access it after you pass.

Reviewing Your Will and When to Make a New Will

Wills should be reviewed periodically and particularly after significant life events, which may include:

Marriage or Civil Partnership

Wills are automatically revoked upon marriage or civil partnership unless specifically stated otherwise within the Will. Even then, such provisions are only valid if made in contemplation of marriage or civil partnership to a particular individual.

Divorce or dissolution of civil partnership

Gifts or appointments of a spouse or civil partner are nullified upon divorce or dissolution, as if that person had predeceased you. The remainder of the Will remains valid, but the substantial contents of the Will may be changed, thus requiring review.

Birth of children

Many individuals intend to pass their estate to their children, so it is important for Wills to be updated to prevent unintentionally excluding a child. Grandchildren should also be considered, as they may automatically inherit if your child predeceases you. Additionally, stepchildren should especially be taken into consideration as they do not automatically inherit unless adopted or expressly provided for.

Relationship breakdown

If your relationship with your beneficiaries deteriorate, you may wish to reconsider their entitlement. Similarly, hostile relations between executors or beneficiaries could increase the possibility of disputes and make administration difficult, thus requiring reconsideration of gifts and appointments. It is especially important to ensure executors are capable of cooperating effectively.

Reconciliation

Alternatively, if you had previously left out a particular person due to estrangement but subsequently reconcile, you may wish to revise your dispositions accordingly.

Substantial change in financial circumstances

Acquisition of significant assets such as new properties or business interests may warrant restructuring of your division of assets. Conversely, acquiring considerable debt may render previous gifts impractical or ineffective.

Death of a beneficiary or executor

Even where substitution clauses exist, it is best for the sake of clarity to make a new Will rather than relying on layered provisions.

Changes in specific gifts

If you have left a specific asset (such as a certain car or piece of jewellery) and subsequently dispose of it, the gift will fail by ademption. You may wish to revise or replace that legacy.

Change of name

If you or your beneficiaries change your names, it may be appropriate to execute a codicil or create a new Will to prevent misidentification. Previous names should also be recorded in the Will for clarity, especially where assets are held under a different name.

Change of address

Contrastingly, a change of address does not require amendment to the Will. Addresses should only be accurate as at the date of execution.

If you are contemplating updating you Will, it may be helpful to consult a solicitor for more tailored advice.

How to Minimise Disputes

Contentious probate proceedings are expensive, time-consuming, and emotionally burdensome. Aside from ensuring the requirements set out in the previous article are followed, careful and prudent planning can significantly reduce the risk of future litigation and spare your loved ones from unnecessary distress.

Identify potential claims

Before making a Will, you should consider all the individuals who may expect to receive a gift from your estate. This is especially important for those who are financially dependent upon you, as they may apply to the court for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 if they feel they have not been adequately provided for.

Anticipate challenges

You should also consider any individuals who may dispute your Will. Common sources of such concerns are estranged family members and former spouses.

Should you anticipate such challenges, it is advisable to prepare a written declaration made at the same time as your Will explaining your reasons for excluding a person who may expect to inherit. This document should be retained with the Will and produced in case of a dispute. It will serve as evidence that you have considered the individual’s claim and made a deliberate decision to exclude them.

Record your rationale

In general, it may be prudent to make a written statement explaining your choices in how you have distributed your estate to minimise the risk of confusion or challenges. It further evidences testamentary capacity as it demonstrates understanding of your estate and the consequences of your decisions.

Open communication

Finally, where appropriate and safe to do so, you should discuss your will and your division of estate with your beneficiaries and all the individuals who may expect to inherit from you. This can reduce the risk of surprise-based disputes. While such conversations are not always possible, transparency can be an effective preventative measure.

How We Can Help

We can provide comprehensive Will drafting services from initial planning to post-execution considerations, including:

Review existing Wills to assess risks and the need for updates
Advising on Will revisions upon significant life events
Preparing declarations and provisions in the Will to reduce the likelihood of contentious probate claims
Advising on practical estate administration considerations
Providing secure storage and internal records of your Will

Our Will drafting services are fully regulated and we are accredited under the Wills and Inheritance Quality Scheme, reflecting our commitment to the highest professional standards.

Visit our Wills and Probate page here.

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 [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

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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Buying a ‘Fixer-Upper’? Why You Can’t Count on a Stamp Duty Discount Anymore

If you are looking to buy a renovation project or a “fixer-upper,” you might have heard a rumour that if a property is in a terrible state, you can pay less Stamp Duty Land Tax (SDLT).

The idea is that if a house is “uninhabitable,” it shouldn’t be taxed as a home (which has higher rates) but as a “non-residential” building (which has much lower rates).

Written by Surveyn Hoh, Senior Conveyancing Paralegal

While this has been a grey area for some time, a recent court judgment has effectively closed this loophole. Here is what you need to know about the case of Mudan v Revenue and Customs Commissioners [2025] and why it matters for your budget.

Background of case

The case involved a couple, Mr. and Mrs. Mudan, who purchased a property in London (14 Liskeard Gardens). The house was in a very poor condition. It had been vandalized, the plumbing and electrics were shot, and it required significant work before anyone could actually live there.

Because of this, the buyers argued that the property was not “suitable for use as a dwelling.” They claimed it should be taxed at the lower “non-residential” rate, which would have saved them a significant amount of money.

Court Decision

The Court of Appeal disagreed with the buyers and sided with HMRC.

The judge ruled that there is a big difference between a property being “ready to move into” and being “suitable for use as a dwelling.”

The court confirmed that a house is still a house, even if:

The boiler or heating is broken.
The electrics need a full rewire.
The kitchen or bathroom needs replacing.
It has been vandalized or neglected.

The only time a property might be considered “non-residential” is if it has been effectively destroyed—for example, if the roof is missing or it is little more than a shell of four walls.

What This Means for You

If you are buying a property that needs modernization – even if it needs a lot of work – you must budget for the standard Residential Stamp Duty rates.

The previous owner sold the property as a home, and despite its poor condition, it retained its character as a residential building.

Don’t bank on a tax discount just because the property needs work. Unless you are buying a derelict shell that is structurally ruined, HMRC will expect you to pay the full residential tax rate. If you are unsure about your specific purchase, please ask us before you commit to your budget.

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 [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

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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Major Change for British Citizens: New Travel and Citizenship Documentation Rules in the UK

From 25 February 2026, new UK travel rules governing how British citizens – particularly those with dual nationality – travel to and enter the United Kingdom have changed fundamentally.

The Home Office has now fully implemented a policy requiring all British citizens, including those who hold more than one nationality, to demonstrate their citizenship specifically with appropriate British documentation before they are allowed to board transport to the UK and enter the country.

Written by Zhuoqi Liu, Legal Advisor

Under the new system, airlines, ferry operators and other carriers are legally required to check that passengers possess valid permission to travel. For British citizens that now means presenting either a current British passport or a valid document known as a Certificate of Entitlement confirming the person’s right to enter as a British citizen.

This change is part of the UK’s transition to a fully digital travel and immigration control system. Previously, many British dual nationals could enter the UK on the passport of their other nationality without producing a British-issued document. That practice is now no longer sufficient in most cases, particularly for travel after 25 February.

British and Irish Citizens Exempt from Needing an ETA

The Home Office policy emphasises that British and Irish citizens are exempt from needing an Electronic Travel Authorisation (ETA) for entry, but it also makes clear that carriers may refuse to allow passengers to board flights, ferries or other transport if they cannot prove their British citizenship with the right documentation.

What is a Certificate of Entitlement?

The Certificate of Entitlement is a document attached to a person’s foreign passport that confirms their right of abode in the UK. It must be applied for in advance and linked to an individual’s identity; its issuance is not automatic with citizenship and requires a separate application to the Home Office. Expired British passports issued since 1989 may be accepted by carriers at their discretion alongside a valid foreign passport, but this remains subject to airline or operator policy and is not guaranteed.

For many British citizens living abroad or those born overseas who have never held a British passport, this development has come as a shock and caused considerable confusion and disruption. Reports indicate that dual nationals have been caught out by the requirement, sometimes only becoming aware of the need for a British passport or Certificate of Entitlement at the airport when attempting to travel home.

The Home Office says the changes are designed to improve border security and streamline identification by making it clearer and faster to confirm who is entitled to enter the UK. However, critics have pointed to the lack of a transition period and how the new rules have been communicated, especially to citizens who have never previously needed British documentation to travel to the UK.

What This Means in Practice

British citizens with dual nationality who do not hold a British passport will now need to apply for either a current UK passport or a Certificate of Entitlement before travelling if they want to avoid refusal of boarding by carriers or refusal of entry at UK border control. Both documents serve as evidence of British citizenship rights and are essential under the new digital system.

For those who travel infrequently or live overseas, applying for a British passport or certificate in advance is now a non-negotiable requirement rather than a matter of convenience. The Certificate of Entitlement and associated documentation can take several weeks to process, so planning ahead is strongly advised.

Why This Matters

This is one of the most significant changes to how British citizenship is demonstrated at the border in recent years. It reflects the UK’s broader move towards digital permission systems and tighter integration of immigration controls with travel documentation. For British citizens, especially those with dual nationality who may have relied on a foreign passport, the practical effect is that they must now ensure they have the correct UK documentation in place before travelling or risk being prevented from boarding or entering the UK.

Need Help with a Certificate of Entitlement or UK Passport Application?

If you are affected by these new rules and need advice on applying for a Certificate of Entitlement or a British passport, professional assistance can make the process smoother and reduce the risk of delays or complications. For expert guidance on your application and how to navigate these changes in UK citizenship documentation, please contact one of our immigration advisers at Lisa’s Law Solicitors. We can assist with preparing your application, advising on the documents required and providing support every step of the way.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

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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Seller’s Rights on Buyer Insolvency: Resale and Forfeiture of Deposit

We recently advised a UK seller in a supply contract involving buyer insolvency, where the buyer entered administration before completing payment.

Background

The contract provided for:

50% payment before dispatch;
50% payable upon presentation of a copy bill of lading (to release shipping documents).

After shipment, the buyer began selling its business and failed to pay the outstanding balance. Freight charges also remained unpaid, leading the carrier to detain the goods and charge daily storage fees.

The buyer subsequently entered administration.

Key Legal Issues

Buyer’s Breach Following Insolvency

Payment against the bill of lading was a contractual condition. The buyer’s failure to pay constituted repudiatory breach, preventing completion of the contract.

Seller’s Right of Resale

Under the Sale of Goods Act 1979, an unpaid seller may resell goods where the buyer wrongfully neglects or refuses to pay.

The seller identified a new buyer and arranged for the consignee under the bill of lading to be changed. This was both commercially pragmatic and legally justified.

Retention of Deposit

The administrators argued that the 50% deposit should be returned.

However, under Howe v Smith, a true deposit is generally non-refundable where the contract fails due to the payer’s breach. As the buyer’s non-payment caused the contract to fail, the seller was entitled to retain the deposit.

Practical Takeaways

This matter highlights that when a buyer becomes insolvent:

Payment terms tied to shipping documents provide critical protection;
An unpaid seller may exercise statutory resale rights;
A deposit is typically forfeited where the buyer is in breach;
Prompt action is essential to mitigate storage and freight exposure.

The lesson which can be learned from this case is that early legal intervention in cases of buyer insolvency can significantly improve recovery and reduce commercial loss.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

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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Sponsor Licence Revocation Upheld in High Court: Lessons for Employers

In a recent decision from the King’s Bench Division (Administrative Court) dated 18 February 2026, the court dismissed the judicial review brought by Southcroft Healthcare Lodge Limited, challenging the Secretary of State for the Home Department’s revocation of its sponsor licence. The case highlights the strict obligations imposed on UK sponsors and the serious consequences of non-compliance.

The court confirmed that the Secretary of State was entitled to revoke the licence on three independent grounds, each of which alone would have justified the decision.

Misuse of Certificates of Sponsorship

The first ground related to the assignment of 97 Certificates of Sponsorship (CoS) under SOC code 6145 care workers and home carers (now 6135) for roles that did not match the occupational classification. The code in question covers roles involving significant personal care services, which the claimant’s support workers did not provide. This breach of Annex C1(s) of the Sponsor Guidance is considered a mandatory ground for licence revocation.

Failure to Pay Salaries and Notify Changes

The second ground concerned salary issues. Four sponsored workers were not paid the annual salary specified on their CoS, and the Home Office was not notified of these reductions. This contravened Annex C1(aa), another mandatory revocation ground, emphasising that accurate and timely reporting of pay is central to compliance.

Failure to Provide Requested Documentation

Finally, the claimant failed to provide requested documentation for two sponsored workers, in breach of paragraph C1.34 and Annex C2(a) of the Guidance. Such failures typically result in licence revocation.

The court also noted additional failings, including password sharing and monitoring system weaknesses, which, while not independently sufficient for revocation, contributed to the overall assessment of non-compliance. The Administrative Court rejected all seven grounds brought by Southcroft Healthcare Lodge Ltd, holding that the Secretary of State’s reasoning was rational and adequate.

Implications for Sponsors

This case underscores the importance of strict adherence to the Home Office’s Sponsor Guidance. Employers must ensure that:

CoS are assigned accurately according to the correct SOC codes;
Salaries specified on CoS are paid, and any permitted reductions (e.g., for maternity leave and sick leave) are reported promptly;
Requested documentation is provided fully and on time;
Internal compliance systems, including monitoring and access controls, are robust.

Even minor or cumulative failings can lead to licence revocation, with serious implications for the ability to sponsor workers and maintain operational continuity.

Our thoughts

This decision reinforces the principle that compliance is not optional and that the Home Office will enforce obligations rigorously. Regular audits, staff training, and careful record-keeping are essential to mitigate the risk of revocation. Employers should take a proactive approach to sponsorship duties, recognising that failures, even if unintentional, can have substantial legal and operational consequences.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

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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Will Drafting Advice: The Importance of a Valid Will

What is a Will?

A Will in England and Wales is a legal document where you can decide what should happen to all your assets, who inherits, and who deals with your estate after you pass away.

It deals with the entirety of your qualifying estate under English succession law, including your properties, bank accounts, investments, personal belongings, business interests, pensions, insurance policies, and any other assets. Certain assets, such as jointly owned property held as joint tenants or assigned life insurance policies, will pass outside of the Will under separate legal rules.

Unlike a letter of wishes, a Will is binding and enforceable by law, providing a clear legal basis for your estate to be divided in accordance with your instructions.

Making a valid Will is an important step to protect your family, preserve your wealth, and ensure your wishes are respected.

Why is it important to make a Will?

If you pass without a valid Will, your estate will be divided according to the intestacy rules set out in the Administration of Estates Act 1925. These rigid statutory rules may not reflect your personal wishes.

For example:

Unmarried partners or cohabitees are not entitled to inherit anything under intestacy rules. This may create serious issues for the surviving partner if they financially relied upon the deceased partner.
Only spouses or civil partners and relatives can inherit, even if the relationship has broken down or you have been separated from them for many years.
Unrelated individuals like friends and stepchildren will not receive anything unless expressly provided for.
If you have minor children, you may wish to appoint a guardian for them in the case that both parents pass away while they are still minors; otherwise, the state may need to become involved to determine arrangements.
The administration procedure is often more complex and time-consuming if there is no Will, which may create unnecessary stress for your loved ones during an already difficult time.

Wills can also have the following benefits:

Set out your funeral or burial wishes, should you have specific instructions.
Leave gifts to charities, pets, or friends.
Structure your estate to reduce potential inheritance tax liability for estate planning purposes.
Appoint trusted individuals as executors to manage your estate.

Legal requirements for making a valid Will in England and Wales

For a Will to be valid and enforceable under English law, it must satisfy three key requirements: (i) capacity, (ii) knowledge and approval, and (iii) formalities. More information is set out below on each requirement:

Capacity

The person making the Will (the “Testator”) must be:

At least 18 years of age; and
Of sound mind.

According to the test set out in Banks v Goodfellow [1870] LR 5 QB 549, this means that the Testator must:

Understand the act of making a Will and the effects of a Will;
Understand and at least partially remember the extent of what they own;
Be aware of the persons who may expect to inherit and consider their claims; and
Not suffer from a mental disorder or impairment which prevents rational decision-making (such as Alzheimer’s or dementia).

Where the Testator is elderly or seriously ill, and their capacity is likely to be challenged, the best practice (often called the “Golden Rule”) is to consult a medical practitioner to confirm capacity.

Under normal circumstances, solicitors can assess the Testator’s capacity through careful consultation and questioning, or advice when medical consultation is necessary.

Formalities

A valid Will in England and Wales must:

Be in writing
Be signed by the Testator (or by someone else at their direction and in their presence)
Be signed in the presence of two independent witnesses
Be signed by those two witnesses in the presence of the Testator

Witnesses must not be beneficiaries under the Will (or the spouse or civil partner of a beneficiary), otherwise that gift may fail.

Ideally, witnesses should be adults with full capacity. They may also need to give evidence if the Will is ever challenged, so they should be trustworthy and reliable individuals.

Failure to comply strictly with these formalities can render a Will invalid.

Knowledge and Approval

Additionally, the Testator must also genuinely understand and approve of the contents of their Will.

In most cases, knowledge and approval are presumed where capacity and formalities requirements have been met, especially where a solicitor prepared the Will.

However, where there are suspicious circumstances, such as unexpected gifts or the involvement of a beneficiary in preparing the Will, additional proof may be necessary.

This also applies where the Testator did not personally read or sign the will, including where the Testator has vision or hearing disabilities, is illiterate, or had another person sign on their behalf.

Professional drafting and supervision significantly reduce the risk of disputes.

Considerations when making a Will

Before making a Will, it may be helpful to list out all your assets so you can consider how you want them to be divided. This will also prevent forgetting about any assets, or any unintended omissions or disposals.

Once you have a list of your assets, you can then consider who should inherit each asset in turn.

When considering who to leave assets to, it is also important to consider who should substitute them in case the first Beneficiary predeceases you or is unable to inherit the asset. For example, the Testator’s children will usually be substituted by their children, meaning the Testator’s grandchildren.

It may also be prudent to consider estate planning to lower inheritance tax liability.

It is also important to note that a Will made in England or Wales under English law may not be recognised in other countries. Different jurisdictions have different rules around inheritance and wills and may have additional requirements in the probate process.

Therefore, if you have overseas assets, you may wish to seek separate legal advice in that jurisdiction and consider drafting a will under that country’s law.

A professionally prepared Will can help ensure that nothing is overlooked and that your estate is structured efficiently and securely. However, ensuring that your wishes are ultimately carried out also depends on how the Will is maintained, reviewed, and protected over time. In Part 2, we explore the practical steps required after execution, including storage, updates following life events, and measures to minimise future disputes.

How we can help

Creating a properly drafted Will can help to safeguard your legacy, protect your loved ones, and prevent unnecessary delays, stress, or disputes.

Our firm provides comprehensive Will drafting services and we can assist you in ensuring all the requirements of Will making are met, including:

Consultation on your wishes and estate
Advice on inheritance tax and estate planning
Professional will drafting to give effect to your intended estate division
Capacity assessment (where appropriate)
Provision of two professional colleagues to witness your Will
Assistance with will execution to ensure formalities are met
Secure storage of your will at no extra charge
Detailed attendance note taking to evidence capacity, knowledge, and approval

These steps will help to reduce the risk of your Will being challenged after your passing and ensure that your assets are divided according to your intentions.

Our Will drafting services are fully regulated and we are accredited under the Wills and Inheritance Quality Scheme, reflecting our commitment to the highest professional standards. View our Wills and Probate page here.

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 [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

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James Cook

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Guide to Commercial Lease Renewal

When the lease of a commercial shop or business premises is coming to an end, many tenants feel uncertain about what happens next. Common questions include: Can I stay? Will the rent increase? What if the landlord refuses to renew the lease? The good news is that, in the UK, commercial lease renewal is governed by a clear legal framework. With the right preparation and advice, both tenants and landlords can manage the renewal process in a structured and commercially sensible way.

This article outlines the key aspects of commercial lease renewal, including the difference between leases inside and outside the Landlord and Tenant Act 1954, the role of statutory notices, and the main issues typically negotiated during renewal discussions.

Open Leases and Closed Leases

One of the first and most important points to establish is whether the lease is “inside” or “outside” the Landlord and Tenant Act 1954.

A lease inside the Act (often referred to as an “open lease”) gives the tenant security of tenure. This means the tenant has a legal right to apply for a new lease when the current one expires, and the landlord can only oppose renewal on limited statutory grounds, such as redevelopment or intention to occupy the premises themselves.

A lease outside the Act (commonly known as a “closed lease”) does not offer this protection. In these cases, the tenant has agreed to contract out of the Act, meaning there is no automatic right to renew. Once the lease expires, the landlord may require the tenant to leave or may offer a new lease on entirely new terms.

Understanding whether a lease is inside or outside the Act is essential before any renewal discussions begin, as it fundamentally affects the rights and negotiating positions of both parties.

Section 25 and Section 26 Notices

Where a lease is inside the Landlord and Tenant Act 1954, the renewal process is governed by formal statutory notices.

A Section 25 notice is served by the landlord and can either propose terms for a new lease or state that the landlord intends to oppose renewal on one of the permitted legal grounds.

A Section 26 notice is served by the tenant and requests the grant of a new lease, usually setting out proposed terms such as rent, lease length and commencement date.

Both notices are subject to strict legal requirements and must be served within specific timeframes, typically between six and twelve months before the lease expiry date. Once a notice has been served, the parties usually enter into negotiations. If agreement cannot be reached, either party may apply to the court to determine the terms of the new lease.

Because errors in timing or form can have serious consequences, early legal advice can be invaluable in ensuring notices are served correctly and that a party’s position is properly protected from the outset.

What Happens If the Lease Expires Before Renewal Is Finalised?

It is very common for a commercial lease to expire before a new lease has been formally completed. While this often causes concern for tenants, the legal position is usually more straightforward than expected.

If the lease is inside the 1954 Act, the tenant will generally benefit from statutory continuation, meaning they are entitled to remain in occupation on the same terms (except for rent) until the renewal process concludes. This arrangement is also often commercially attractive for landlords, as it avoids vacant premises and loss of income.

However, one important point to be aware of is rent adjustment. Once the new lease terms are agreed or determined by the court, the revised rent is often backdated to a specified date, commonly the lease expiry date or the date stated in the statutory notice. If the new rent is higher, the tenant will usually be required to pay the difference for the interim period.

Legal advisers can help both tenants and landlords assess potential rent exposure at an early stage, allowing for better financial planning and fewer surprises later in the process.

Key Issues to Consider During Commercial Lease Renewal

A lease renewal is not simply a legal exercise; it is also a commercial negotiation. Some of the most common issues addressed during renewal discussions include:

Rent

Rent is often the central issue and is typically assessed by reference to current market conditions rather than the existing rent. Comparable evidence from similar properties is commonly used to support negotiations.

Lease length

Tenants may seek longer terms to provide business stability, while landlords may prefer flexibility. The agreed term often reflects the parties’ respective commercial objectives.

Repair and maintenance obligations

The allocation of repairing responsibilities, particularly for structural elements, can have significant long-term cost implications and should be clearly defined.

Rent review provisions

For longer leases, it is important to agree how and when rent reviews will take place during the term of the new lease.

Careful negotiation of these points can help reduce the risk of future disputes and ensure the renewed lease works in practice for both parties.

How Lisa’s Law Solicitors Can Help

Commercial lease renewal involves a combination of statutory procedure, negotiation and commercial judgment. Our solicitors regularly advise both tenants and landlords on all aspects of lease renewal, providing clear, practical guidance tailored to each client’s objectives.

We assist with reviewing existing lease terms, advising on security of tenure under the Landlord and Tenant Act 1954, preparing and responding to Section 25 and Section 26 notices, and negotiating key commercial terms such as rent, lease length and repairing obligations. Where agreement cannot be reached, we also provide support in connection with court applications, always with a focus on achieving a proportionate and commercially sensible outcome.

Final Thoughts

Renewing a commercial lease does not have to be uncertain or contentious. By understanding the legal framework and addressing key issues early, both tenants and landlords can approach the renewal process with greater confidence.

Seeking tailored legal advice at an early stage can help protect your position, avoid unnecessary disputes, and ensure the renewal process proceeds as smoothly as possible.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

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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UK Skilled Worker Visa – What You Need to Know

A UK Skilled Worker visa allows international workers with the appropriate skills to work for an approved UK employer. It replaced the Tier 2 work visa at the end of 2020.

The Skilled Worker visa permits you to bring your spouse, partner and children with you and is granted for up to 5 years. Once you have held the Skilled Worker visa for 5 years, you can apply for settlement (Indefinite leave to remain), which means you will no longer have any restrictions living in the UK.

Lisa’s Law is a Legal 500-listed law firm with extensive experience advising individuals and employers on UK immigration and Skilled Worker visa applications. Our Immigration Law team can guide you through the process and help you avoid common pitfalls.

Contact our Immigration Law department here.

What are the requirements of the UK Skilled Worker Visa?

To qualify for a UK Skilled Worker visa, you must:

work or be offered a position by a UK employer that has been approved by the Home Office
have a ‘certificate of sponsorship’ from your employer with information about the role you’ve been offered in the UK
do a job that’s on the list of eligible occupations
be paid a minimum salary – how much depends on the type of work you do

What are the minimum salary requirements for a Skilled Worker Visa?

As of 22nd July 2025, and for applications made after this date, the minimum salary for the type of work you’ll be doing is whichever is the highest out of the following 3 options:

£41,700 per year
the ‘going rate’ for the type of work you’ll be doing

This means that even if you are earning over £41,700, and the annual going rate for your job is £43,000, you will not meet the minimum salary requirements.

Despite this, those who work in healthcare or education have different salary rules. For these jobs you must at least have an annual salary of £25,000 or more based on your job’s going rate. Your employer must make sure your job pays at least the minimum wage and follows the rules for how many hours a week you can work. If your employer does not do this, your application will be refused.

Check if your job is eligible

To check if your job is eligible, you need to know the 4-digit occupation code. If you already have a job offer, ask your employer for the code. If you do not know your code, you can search for your job on the government website. Here is the link.

Approved UK Skilled Worker Visa employers

You must have a job offer from an approved UK employer before you apply for a Skilled Worker visa. Approved employers are also known as sponsors. You can view the list of approved UK employers on the government website. Here is the link.

Your employer – also known as your sponsor – will check that you meet the eligibility requirements. They will give you a ‘certificate of sponsorship’ to prove this.

The certificate of sponsorship is an electronic record, not a physical document. It will have a reference number, which you’ll need for your visa application.

You must apply for your visa within 3 months of getting your certificate of sponsorship.

Knowledge of English

You must prove you can read, write, speak and understand English to at least level B2 on the Common European Framework of Reference for Languages (CEFR) scale.

You can prove your knowledge of English by:

passing a Secure English Language Test (SELT) from an approved provider
having a GCSE, A level, Scottish National Qualification level 4 or 5, Scottish Higher or Advanced Higher in English, gained through study at a UK school that you began when you were under 18
having a degree-level academic qualification that was taught in English – if you studied abroad, you’ll need to apply through Ecctis (formerly UK NARIC)for confirmation that your qualification is equivalent to a UK bachelor’s degree, master’s degree or PhD

You do not need to prove your knowledge of English if you are a national of the following countries:

Antigua and Barbuda
Australia
the Bahamas
Barbados
Belize
the British overseas territories
Canada
Dominica
Grenada
Guyana
Jamaica
Malta
New Zealand
St Kitts and Nevis
St Lucia
St Vincent and the Grenadines
Trinidad and Tobago
USA

Financial Requirements for UK Skilled Worker Visa

When making the application, you must show that you can support yourself when you arrive in the UK – you’ll usually need to have at least £1,270 available in your bank account which has been held for at least 28 days.

Should you not have these funds, then your employer may be able to make a declaration that they will cover your costs.

Skilled Worker Visa fees

When applying from outside of the UK, you will need to pay the following Home Office fees:

Visa duration up to 3 years – £769.00
Visa duration more than 3 years – £1,519.00
Immigration Health Surcharge – £1,035 per year

When applying from inside of the UK, you will need to pay the following Home Office fees:

Visa duration up to 3 years – £885.00
Visa duration more than 3 years – £1,751.00
Immigration Health Surcharge – £1035 per year

When applying for a role which is in the immigration salary list, you will need to the pay the following Home Office fees. This is the same whether applying from outside or inside the UK:

Visa duration up to 3 years – £590.00
Visa duration more than 3 years – £1160.00
Immigration Health Surcharge – £1035 per year

Please note that the fees above will also be payable for each dependant.

If you are applying for a Skilled Worker Visa based on a role in the health and care sector, then you will eligible for substantive reduction on the above. Please contact us to find out more.

Skilled worker visa processing times

If you are applying from outside of the UK, applications usually take 3 weeks to be considered. If you are applying from within the UK, then applications can take up to 8 weeks to be considered.

Priority service is available where you can get a decision within 5 working days for £500.00. You can also receive a decision the next working day after your appointment for an additional fee of £1000.00.

Interested in applying for a UK Skilled Worker Visa? Contact our immigration law team today!

Call us on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

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

News and Insights

Adverse Possession: Gaining Rights Over Time

Registered Land: Why It Is Harder Than You Think

What If the Owner Does Nothing?

The Risks for Both Sides

What You Should Do

Have questions? Get in touch today!

Settlement – English language requirement to increase from B1 to B2

Asylum Protection reduced from 5 years to 30 months

Asylum seekers (temporary permission to work)

Deportation to now include those with suspended sentences

Expansion of Hong Kong British National (Overseas Route)

Skilled worker – pay periods

No student visa for nationals of Afghanistan, Cameroon, Myanmar and Sudan

Have questions? Get in touch today!

Steps After Execution

Storing your Will Safely

Registering your Will

Maintaining an Asset Log

Reviewing Your Will and When to Make a New Will

Marriage or Civil Partnership

Divorce or dissolution of civil partnership

Birth of children

Relationship breakdown

Reconciliation

Substantial change in financial circumstances

Death of a beneficiary or executor

Changes in specific gifts

Change of name

Change of address

How to Minimise Disputes

Identify potential claims

Anticipate challenges

Record your rationale

Open communication

How We Can Help

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Background of case

Court Decision

What This Means for You

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British and Irish Citizens Exempt from Needing an ETA

What is a Certificate of Entitlement?

What This Means in Practice

Why This Matters

Need Help with a Certificate of Entitlement or UK Passport Application?

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Background

Key Legal Issues

Practical Takeaways

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Misuse of Certificates of Sponsorship

Failure to Pay Salaries and Notify Changes

Failure to Provide Requested Documentation

Implications for Sponsors

Our thoughts

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What is a Will?

Why is it important to make a Will?

Legal requirements for making a valid Will in England and Wales

Capacity

Formalities

Knowledge and Approval

Considerations when making a Will

How we can help

Have questions? Get in touch today!

Open Leases and Closed Leases

Section 25 and Section 26 Notices

What Happens If the Lease Expires Before Renewal Is Finalised?

Key Issues to Consider During Commercial Lease Renewal

Rent

Lease length

Repair and maintenance obligations

Rent review provisions

How Lisa’s Law Solicitors Can Help

Final Thoughts

Have questions? Get in touch today!

What are the requirements of the UK Skilled Worker Visa?

What are the minimum salary requirements for a Skilled Worker Visa?

Check if your job is eligible