It is not surprising in the current climate that we are seeing a huge increase in the number of people asking to make new Wills or updating existing out of date ones that they already hold. A global pandemic certainly concentrates the mind. People are usually quite aware of the issues that can arise if you don’t leave an up to date Will, but it is just one of those things that many don’t quite get around to sorting out.

But how do I sort my Will, whilst I am working from home and trying to home school my children? Or, how do I do my Will whilst I am self -isolating? Is there anything else I should be thinking about to make sure my affairs are in order?

The Law Society and Solicitors for the Elderly Group have both been putting some pressure on the Government to introduce emergency changes to the law to relax the rules about witnessing Wills. For now, however, the rules remain as they have for a long time. A Will is only valid if signed in front of two witnesses, who are both present at the same time and who both see the testator signing. The witnesses must then also sign the document.

Initial contact can be made with your professional advisor by telephone or email and Will instructions can be given over video calls. Wills can then be signed at a safe social distance arranged by your professional advisor. Alternatively, you can sign at home with two neighbours looking at a safe social distance over the garden fence or through a window.

Whilst reviewing your Will, it is also a good time to think about whether you ought to be setting up Powers of Attorney documents in case you become ill and require a family member or other person to be able to manage your affairs for you.

Whatever your requirement there is no better time to put your affairs in order, whilst we are all spending more time at home with our families and have the chance to discuss matters. The team at Blythe Liggins are here to help so call us to discuss your requirements.

 

CAPTION: Donna Bothamley, Partner and Head of the Wills & Probate Department

Covid-19 has had a negative impact upon many aspects of our daily lives.

People have been unable to go on holiday, let alone spend time with their friends and family socialising. It would be easy to imagine that, against this background, the Family Court system might have seized up to the point where husbands and wives in unhappy marriages are unable to commence divorce proceedings nor sort out finance and property matters as well as children issues, where they arise.

Not so.

Human ingenuity, in a time of crisis, has borne fruit and the Family Court system is alive, operational and fit for purpose.

Sir Nicholas Mostyn, one of the leading Judges in the UK, has introduced a brilliant initiative which enables private Court hearings to take place with a view to resolving finance and property issues. Quite naturally, to save time and cost, an application to the Court is a matter of last resort but at least with this initiative, finance and property issues can be resolved and people freed from what may be an unhappy and untenable marriage.

Family Law is alive and well, and able to serve those husbands and wives who need to put the past behind them and look forward to a brave new world. Contact one of our family team if you need advice on separation, divorce or any other family matter.

CAPTION: Andrew Brooks, Partner and Head of the Family Department

With Government guidance telling us only to go out when essential and not to mix with people who do not live in our household, what happens to children whose parents live apart? Can they still see both parents as they did before the restrictions?

Whether you have an agreement with your ex-partner or there is a Court Order in place, in the current uncertain times, it can be difficult to establish whether the existing or intended arrangements should continue or whether they should be altered in some way or even cancelled altogether.

The guidance received from the Courts and Tribunal’s Judiciary is quite clear: the expectation is that parents must care for their children by acting both sensibly and safely when making decisions about where and with whom their children should spend their time.

The Government guidance that was issued alongside the ‘stay-at-home’ rules on 23 March 2020 states that although children must not be moved between homes, there is an exception where parents do not live in the same household: children under the age of 18 can be moved between their parents’ homes.

This of course is on the basis of a careful assessment that parents must undertake together, as they remain jointly responsible for their children and therefore must make decisions together in the current crisis and focus on the best interests and safety of their children.

The guidance from the Courts and Tribunal’s Judiciary goes on to say that the best way to deal with the current difficulties is for parents to communicate with one another and discuss the worries they may have and hopefully reach good and practical solutions together.

The key message for parents that may be affected by the current crisis is this: where the coronavirus restrictions cause existing agreements/orders to be varied in line with the best interests of their children, the spirit of the order or of the agreement must be delivered by making safe, alternative arrangements for the children.

Let us not forget that our children’s lives have already been disrupted tremendously, given that they have been unable to go to school or social clubs for several weeks now nor spend time with their friends. Stopping them from seeing their other parent cannot possibly be in their best interests, unless of course it places them at risk of harm, in which case parents must use their common sense and make the appropriate decision in line with the best interests of their children.

If in any doubt as to what may or may not be in the best interests of a child or what may put a child at risk, please take advice from a specialist solicitor who can assist in these uncertain times so that the rightful decision is made for your children whilst ensuring their safety.

Blythe Liggins remain open for business and can provide that advice. We are not open for business “as usual”, as our offices are currently closed to the public in accordance with government guidelines, but we are still working behind locked doors and providing vital legal services to our existing clients and new clients.

Please be and keep safe and continue to provide safe care and arrangements for your children.

CAPTION: Sophia Mellor, Associate Solicitor in the Family Department

The Myton Hospices is celebrating a successful first year’s trading at its shop in Stratford.

Shop manager Amber Pinkerton said: “The shop has had an incredibly successful first year and we cannot thank the people of Stratford and the surrounding areas enough for their support and kind donations.”

Myton retail operations manager Cath D’Eath said the charity shops helped raise the millions of pounds needed each year to enable the hospices in Warwick, Rugby and Coventry – and the Myton at Home teams – to provide vital support and care to people with terminal and life-limiting illnesses.

She said the charity had the only inpatient beds in Coventry and Warwickshire providing respite, symptom control and end of life care.

Myton’s services, particularly our inpatient units, serve the people of Stratford and the shop provides a wonderful opportunity for local people to connect with us, as well as supporting the charity,” she said. The shop is situated next to Morrisons on Alcester Road.

Nick Watts, a commercial solicitor with Blythe Liggins in Leamington, who has handled the leases for Myton shops for many years, said the number of shops across Coventry and Warwickshire now stands at 27, providing vital contributions to the £9.2 million funding needed each year to run the three hospices. “The shops are an absolutely vital part of the fundraising,” he said.

Richard Moon, head of employment law at Leamington solicitors Blythe Liggins and a former international rugby scrum half, has again been honoured by his fellow members of the Rugby Football Union Distinguished Members Association.

Mr Moon, who played for Cambridge University, England, Harlequins and the Barbarians, was re-elected secretary of the RFU’s Distinguished Members Association at the AGM and annual dinner in London this month.

The association is an elite band of former RFU presidents, international players and such rugby luminaries as Sir Clive Woodward, who are nominated for outstanding service to the sport.

Mr Moon, who once served on the RFU Council and is a rugby commentator and summariser for BBC radio, said: “This is a great honour for me. There are only about 50 members of the Association so to be invited to become their secretary for the third and final year is a wonderful accolade.”

Cricket legend M.J.K. Smith may be in his mid-80s these days but here he is showing he can still manage a perfect cover drive and an excellent cut.

 

The former England and Warwickshire cricket captain roared into action at Leamington Cricket Club to help out with pre-season preparations.

 

M.J.K.’s son Neil, also a former England and Warwickshire cricketer, is director of cricket at Leamington and his father was happy to pitch in and do his bit for grassroots cricket.

 

Club chairman Kevin Mitchell, a commercial partner with Leamington solicitors Blythe Liggins, which sponsors the women’s section, said: “M.J.K. is a frequent visitor to the club where he is a most popular figure.

 

“He’s always willing to lend a helping hand, including giving sound advice to the club’s batsmen.”

 

And the club’s groundsmen by the look of it – but who’s going to argue with M.J.K., whose cricketing heroics often overshadow the fact that he also played rugby union for England?

Youth triumphed over experience at Moreton Morrell Tennis Court Club on Sunday when 18-year-old Vaughan Hamilton beat 68-year-old veteran Philip Shaw-Hamilton in the Owen-George Cup.

Shaw-Hamilton, the current World Over 65 doubles champion and the UK Over 60 doubles champion, was beaten 6 – 4, 6 -3 by the young university student, who was last year’s beaten finalist and was ranked no 2 in the world at under 18 level.

The Owen-George Cup is a Real Tennis tournament played in memory of Roland Owen-George, who, with his business partner His Honour James Blythe, were both members at Moreton Morrell. Together the friends founded Blythe Owen-George & Co solicitors in 1952, from which Blythe Liggins was formed in 1998.

Richard Thornton, joint senior partner of Blythe Liggins, which sponsors the cup, said: “Roland Owen-George, together with Sir Richard Hamilton, Anthony Hobson and others, worked tirelessly to keep the tennis club afloat during some very difficult times in the 1960s and this annual competition is a fitting recognition of his legacy. It’s a great honour for us to sponsor the event, marking the contribution to real tennis made by one of our firm’s founders.”

With the Myton Hospices Wills Week taking place next month (March), now is a good time to be thinking of making – or changing – your will.

Writing a will is vital to ensure that loved ones are taken care of and that your wishes are known in the event of your death.

Having a will is a good way to ensure that your estate winds up in the right hands. In short, a will is a legal document that gives clear guidance to your family and friends how you want your assets distributed after your death.

For example, in addition to the bulk of your estate, there may be smaller legacies or certain cherished items you wish to leave to particular people; you may also wish to donate to charity; or even stipulate whether you wish to be buried or cremated. Wills are also important to clearly state who might care for young children, following your death.

Some people even include their funeral plans – stipulating the venue and selecting the hymns.

You will also want to name your executors: members of the family, close friends or professional advisors who will be responsible for seeing that your wishes are carried out.

This time of year is particularly busy for my department as mortality rates rise during the cold weather and we are kept busy with wills – including sorting out badly written DIY ones!

Typically, the problems include poorly drafted wills or trusts, negligent probate or tax advice and lost wills – all of which can result in disputes between executors or beneficiaries.

It is crucial that nothing is left to interpretation, as any ambiguity could lead to dispute or litigation, which is when we are called in. That is why wills should be written by professionals, solicitors who can give appropriate legal advice on relevant issues, such as financial obligations, tax implications and charitable legacies, whilst considering your personal circumstances.

Those who you think might inherit, such as long-term partners, do not necessarily inherit if you die without a will. This can lead to family squabbles.

Remember, you can update your will at any time before your death, provided that you have capacity to do so.  In fact, it is advisable to revise your will after any major life event, such as marriage, divorce, moving to a new property, the birth of a new child, or the death of loved one.

So, why not make one last New Year’s Resolution and give your family the peace of mind of knowing your wishes by writing – or amending – your will.

The ballot for this year’s annual Two Castles run between Warwick and Kenilworth, which each year raises more than £100,000 for charity, opens on Saturday (February 1) with 4,000 places up for grabs.

The Two Castles Run, which is organised by the Rotary Club of Kenilworth and Leamington Cycling & Athletics Club and is one of the main events in the Warwickshire Road Race League, will be run on Sunday June 14.

Race organiser and Rotarian Philip Southwell said that one person could register others in a team or group and that the ballot would close at a minute to midnight on February 14. This will be the third consecutive year in the event’s 37-year history that Rotary has run a ballot, rather than the ‘first come, first served’ arrangement.

Richard Thornton, joint senior partner of sponsoring law firm Blythe Liggins, said: “The move to a ballot system, which is obviously used so successfully with major events such as the London Marathon, has proved to be a much fairer way to ensure registration for the thousands who wish to take part in this increasingly popular run.

“The Two Castles is an excellent event and we are delighted to be the headline sponsor for an unprecedented 15^th year, along with fielding a team of runners and manning the water station at Kenilworth Castle,” he said.

Registration will be via the FullonSport Website and will be drawn on March 1, with successful runners being notified by email. Those who are unsuccessful will automatically be added to the waiting list, said Mr Southwell.

As in previous years, the entire route will be closed to traffic for the safety of the runners.

The Christmas season is normally a favourite time of the year for many families. However, for some, it may also be the worst time and certainly not one to look forward to.

Amongst us are those who appear to be in a happy family unit and indeed a happy marriage and yet, behind closed doors, it is not quite so. The mere thought of spending all that time together therefore becomes most stressful and a source of anxiety.

It is the thought of welcoming the extended family for the Christmas lunch and having to play happy families not only in front of the children but also in front of parents, siblings and in-laws. It is also the thought of the aftermath and how things will be going back to how they were, or even worse.

There is then a constant flow of mixed emotions: the hope that things might improve in the New Year and beyond and regrets for not ending a relationship that died a long time ago before the festive season. There is also a feeling of loyalty and duty to the children not to separate and break a family that could potentially still be happy.

Such parents usually have the comfort and security of a work routine throughout the year and so holidays, including the Christmas break, in families such as these, will normally be a source of torment and stress. This partly explains why there is usually a surge in divorce proceedings being initiated in the New Year, when some of these couples realise that their family situation cannot continue indefinitely.

Christmas is a time of the year when people should be happy. It simply cannot be right that people must sit with their family and others, suffering in silence, whilst others are enjoying themselves regardless of what pain some might be in. In fact, those enjoying themselves might not know anything about the situation and assume that all is well.

There is no right or wrong time to initiate divorce proceedings. Whether it is long before Christmas to end tensions during family gatherings, in the New Year in order to make a fresh start, at the start of the summer to prevent instability with the children’s current school year, it will be the right time whenever one decides to do what’s right for one’s family.

Support is available to any couple facing difficulties in their marriage, whether by way of marriage counselling to repair whatever damage has been caused, or by way of taking legal advice if the marriage has indeed come to an end. There is light at the end of the tunnel and divorce may actually be the start of a happier life. As they say, life is short and so one must be happy, including at Christmas time.

So, if you are one of the above referred to and are worried about the forthcoming festive season, try to think of the positives: this might be the last year you have to pretend. A much happier decade awaits you in the New Year, so it is the time to be jolly after all.

A very Merry Christmas to you all and a happy and healthy 2020.

Caption: Sophia Mellor, Solicitor in the Matrimonial Department at Blythe Liggins LLP