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Changes to restrictions on winding up petitions from 1st October 2021:

It has been announced by the Government that from 1st October 2021, the restrictions on the use of winding up petitions imposed by the Corporate Insolvency and Governance Act 2020 (“CIGA”) will cease. CIGA made it very difficult for creditors to successfully petition for the winding up of a debtor company. Although the CIGA restrictions will end, they will be replaced by more lenient restrictions which will be in place from 1st October 2021 to 31st March 2022 under the [...]

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CHARITY GOLF DAY RAISES £5,000 FOR CANCER RESEARCH UK

Annual Charity Golf Day, sponsored by Pepperells Solicitors has raised over £5,000 for Cancer Research UK. This year’s event, held at Cottingham Park Golf & Country Club on the 9th July and organised by local man Steve Fulstow, saw over 180 players across 45 teams compete to win the converted medals for Longest Drive, Straightest Drive, Nearest to the Pin and Winning Team. Organisers have hailed this year’s event a huge success, raising more than ever before. Steve has had friends and [...]

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blue stephenson

Non-disclosure in financial remedy proceedings

Going through a separation can be a difficult time that is often fraught with many uncertainties as to what the future will look like. Divorce does not separate the financial ties between you and it is therefore important to ensure that you get a financial order put in place as part of your divorce. A financial order will record the terms of settlement and can, if necessary, ensure that all future financial claims are dismissed to achieve a clean break [...]

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Amy Fletcher

If I do not make a Will, what will happen to my assets – the Intestacy Rules

Intestacy occurs where a person dies, leaving no valid Will. There is also such a thing as partial intestacy which can occur for example, where all of your named beneficiaries have died or where gifts included in your Will fail for other reasons. Therefore, even if you make a Will and it becomes outdated or is poorly drafted, the rules of intestacy can still be relevant to your Estate. Please make sure that you regularly review your Will and [...]

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Amy Fletcher

Can someone inherit from me even if I do not include them in my Will?

In England and Wales, we have testamentary freedom which means that we can leave our assets, after our deaths, to anyone we like. But is this really the case in practise? The Inheritance (Provision for Family and Dependants) Act 1975 (IPFDA) allows certain people such as close family members and those that have been financially dependent upon us during our lifetimes, to make a claim against our Estate after our death. Their claim is for “reasonable financial provision” and the [...]

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Amy Fletcher

Do you or a family member have a Trust? It may now need to be registered with HMRC

All Trusts (save for a few exceptions) now need to be registered with HMRC. There is already a necessity to register some Trusts however, the UK is now implementing the EU’s Fifth Money Laundering Directive (5MLD) and this requires some significant changes which we all must be aware of. This must be done by the 10th of March 2022 for existing Trusts or otherwise, within 30 days of creation of new Trusts. For example, please note the following: – 1. All [...]

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Charlotte Houghton-Birkett

A DAY IN THE LIFE OF A TRAINEE SOLICITOR

My name is Charlotte and I am a Trainee Solicitor in the Private Client team here at Pepperells Solicitors. For the most part, Private Client is a non-contentious area of law, this means I do not attend Court or undertake any advocacy in my day to day work. Within the Private Client department, we mainly deal with Wills, Lasting Powers of Attorney and Estate Administration. Here is a day in my life. 6.55- We have two shifts here at Pepperells, a [...]

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blue stephenson

Removal of mortgage cap means more individuals could be eligible for legal aid

A blog by Blue Stephenson, Trainee Solicitor in the Family department at Pepperells Solicitors. Recent legislation which came into effect on 28th January 2021 has removed the existing cap on the amount of mortgage debt that can be deducted from a property’s value when considering a client’s capital for the purposes of assessing eligibility for legal aid. Given the recent change in legislation we thought it an opportune time to consider again a client’s eligibility for legal aid in private family [...]

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Charlotte Houghton-Birkett

Deeds of Variation- Your Last Will doesn’t have to be the final say

A Deed of Variation is a legal document that enables the contents of a Will to be varied. The people who agree to the Deed of Variation are the current beneficiaries of the Estate as they are the ones relinquishing some or all of their share. There are many reasons people wish to vary a Will, some examples are; · To leave a gift to someone who is not currently a beneficiary, · Leave money to a charity (this can assist with [...]

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blue stephenson

Dividing Assets and Reaching Settlement in Matrimonial Proceedings for Shareholders continued…

A blog by Blue Stephenson, Trainee Solicitor in the Family Department at Pepperells Solicitors. If you are a shareholder in a limited company and are contemplating getting a divorce, you are likely to have questions as to how this might impact upon any financial settlement reached between you and your spouse. Perhaps both you and your spouse are shareholders in the same company and you are concerned as to how you will separate your business ties as well as your [...]

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