Resolution: Code of Practice

We’re a proud member of Resolution, a community of family justice professionals who work with families and individuals to resolve issues in a constructive way.

Resolution membership is about the approach we take to our work. This means that as a Resolution member, we will always seek to reduce or manage any conflict and confrontation, support and encourage families to put the best interests of any children first and act with honesty, integrity and objectivity.

We know from our years working as family law professionals, that clients reach the best outcomes when they are helped to understand and manage the potential long-term financial and emotional consequences of decisions. This is why we use experience and knowledge to guide our clients through the options available to them.

As Resolution members, we have signed up to a Code of Practice that will demonstrate to clients the approach we will always take. The Code promotes a constructive approach to family issues and considers the needs of the whole family, in particular the best interests of children.

If you decide to work with us, this means:

  • Listening to you, being honest with you and treating you with respect.
  • Explaining all the options and giving you confidence to make the right decisions.
  • Helping you focus on what’s important in the long-term.
  • Helping you balance financial and emotional costs with what you want to achieve.
  • Working with others to find the right approach and the best solutions for you.
  • Managing stress in what can be an already stressful situation.

Because we’re signed up to the Resolution Code, we work with a network of other like-minded professionals, including mediators, financial planners and family consultants, to make sure we’re helping our clients find the right approach for them.


Residential Conveyancing Offer

We here at Passmores Solicitors are pleased to offer a discount of 10% off your legal fees for all new residential conveyancing matters taken on in the month of September.

Please quote the following discount code/ref when obtaining your quotation: PDS10

Please call us on 01446 721000, email us or complete our online conveyancing questionnaire.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document whereby one person gives another person (called the Attorney) the authority to make decisions on their behalf in order to avoid problems if they later lose physical or mental capacity.

There are two types of Lasting Power of Attorney. Either or both can be made on your behalf:-

(a) A Property and Financial affairs LPA – which allows your Attorney to deal with your property and finances.
(b) A Health and Welfare LPA – which allows your Attorney make decisions on your behalf regarding your personal healthcare and welfare, including making medical treatment decisions and giving or refusing life sustaining treatment.

If a person loses mental capacity without having an LPA in place, a family member, or indeed anyone who is willing, would have to make an application to the Court of Protection for a Deputy to be appointed to deal with that person’s affairs. This is often a frustrating and expensive process for the person making the application and nothing can be done in relation to a person’s affairs until an Order of the Court has been obtained.

An LPA is an important and powerful document and you should take care as to whom you appoint as your Attorney. More than one Attorney can be appointed should you wish and you can decide how they can act; this being independently or jointly. Your Attorney should be trustworthy and possess the necessary skills to make decisions on your behalf. You may if you wish, limit your Attorneys powers, including when they can act and how.

An LPA can only be used once it has been signed by you and your Attorney and certified by a person of your choice, who is able to say that you understand what the LPA is and that you have not been unduly pressurised into making it. An LPA also has to be registered with the Office of the Public Guardian before it can be used.

Please ensure that when getting advice about Wills and LPAs that you speak to a qualified specialist adviser, such as a solicitor on the Age Connect Will writing scheme. Carli Evans is a solicitor with Messrs Passmores and a member of Age Connect Will Writing Scheme, Solicitors for the Elderly, and STEP (Society of Trust and Estate Practitioners) a specialist panel of solicitors dealing with elderly client matters. Carli can be contacted on 01446 721000 or by email

Child Abduction & International Children Law Cardiff and Barry


Brexit will have an impact on International Child Abduction Law in the jurisdiction of England of Wales. The key legal provision for cases between EU member states will no longer be applicable to the UK. The provision is referred to as Brussels II Revised and takes precedence in International Child Abduction Law, divorce and child custody cases.

Is there a need to be worried…

No, this should not cause significant change in terms of how it will impact on people seeking legal recourse as the 1996 Hague Convention will still be applicable to the jurisdiction of England and Wales as the UK are contracted to the Hague Convention, as are the rest of the EU Member States.

The Hague Convention 1996 in respect of child abduction applies to the countries in the world that are signed up to it including but not limited to, the EU members states, USA, Australia and Denmark.

The Hague Convention 1996 is very similar to Brussels II Revised but has not been utilised greatly up until now, but it seems with the exit from the EU this is likely to change. It is comforting to know that the rules of recognition and enforcement are similar under the 1996 Hague Convention to Brussels II Revised so it can be used between an EU Member state and the UK in a case where custody or access in relation to a child is required to be recognised and enforced in the other country.

If you require assistance in an international family law matter then please contact Catherine Roblin on 01446 721000 or

Court of Protection Solicitor Cardiff Barry and South Wales

New Inheritance Tax Rules for 2017

New Inheritance Tax rules come into force next year.

A new Residence Nil Rate Band (RNRB) will be available for deaths after 6th April 2017; this means that property, or an interest in a property, ‘closely inherited’ attracts an additional nil rate band of £100,000 (in 2017/18) rising by £25,000 each tax year until it reaches £175,000 in 2020/21. This will be in addition to the ordinary nil rate band of £325,000 which will be frozen.

The new rules are rather complex, and whether you will attract the additional RNRB of £100,000 will depend on whether you qualify under the meaning of ‘closely inherited’, and whether the property that qualifies is your residence.

We would recommend that your Wills are revised to ensure that your beneficiaries will have the benefit of the additional RNRB.

Should you require any further information please contact us on 01446 721000 or

Will and Probate Solicitors Cardiff and Barry


Should we receive instruction from you in the month of May to undertake your conveyancing, you will have the option of having a Will drafted at a DISCOUNT rate.

Single Will: £120.00 inclusive of VAT

Mirror Wills: £150.00 inclusive of VAT.


Terms and Conditions

Your use of this promotion is governed by the following T&Cs:

1. You must have instructed us in the Conveyancing of your property and paid our fees for this service in full. The Will shall be drawn up after the completion of the conveyancing transaction.

2. This offer is available to simple Wills only. We reserve the right to refuse instruction for the drafting of complex Wills under this offer; such Wills will be liable to a further charge. This will be clarified at your initial appointment.

3. Conveyancing means “ sale, purchase, remortgage, transfer of equity


Change of marital status and the rules of inheritance

The Daily Mail (link below) has highlighted the risks faced by co-habiting couples who do not up-date their Wills when their marital circumstances change.

There is a common misconception that couples who live together but are not married automatically have the same rights as those couples that are married or in civil partnerships. This is, unfortunately, not the case and those in long-term, committed, relationships should ensure their Wills are up-to-date to guarantee their wishes are carried out.

In the case highlighted by the Daily Mail, a grandmother had to make an application to the court under the Inheritance (Provision for Family and Dependants) Act 1975 for ‘reasonable financial provision’ following the death of her partner.

In this case, despite being in a long term, committed, relationship for eighteen years, the deceased had not initiated divorce proceedings against his former wife. In addition to this, the deceased had not up-dated his Will prior to his death in 2012.

As a result, the deceased’s estranged wife became entitled to his assets upon his death; this included owning a half share in the home shared by the deceased and his partner.

Luckily, in this case, the courts found in favour of the deceased’s partner and awarded her the deceased’s share of the shared home. However, this was not granted until after an application was made to the courts costing the parties £100,000.00 in legal fees.

We here at Passmores are able to advise you on the complexity of the laws of inheritance, Will drafting, and divorce which you may need to prevent this scenario happening to you or a loved one.

Please contact us on 01446 721 000 or for more information.

Government cuts to Legal Aid for domestic violence sufferers ‘legally flawed’

The Court of Appeal has declared that Government changes to the rules which allow victims of domestic abuse to obtain legal aid are legally flawed.

The changes, introduced in 2013 by former Lord Chancellor and Justice Secretary Chris Grayling were introduced as part the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The Act stipulated, for example, that an application for legal aid could only be made if evidence of domestic violence had been given within a two year period. Such changes have now been ruled invalid.

This judgement will now be considered by the Ministry of Justice.

What is a Lasting Power of Attorney?

A Lasting Power or Attorney (LPA), is a legal document in which you can appoint one or more persons to act on your behalf (an Attorney). They continue to be legally enforceable should you lose mental capacity.

There are TWO types of LPAs which you can apply for:

(1) Health and Welfare – this allows you to appoint people to make decisions about anything that relates to your personal welfare.

(2) Property and Financial Affairs – this allows you to appoint people to make decisions about your property and finances.

When making an application to obtain one of the LPAs above, you should have regard to the following:

(1) Who can / should you appoint as an Attorney?

(2) Should you appoint a replacement Attorney?

(3) How should the Attorneys act?

(a) Jointly?
(b) Jointly and severally?

(4) Would you like to give your Attorneys any guidance?

Such an application for an LPA can highlight a range of questions and queries that you can and should get expert advice on.

We here at Passmores Solicitors are fully qualified to guide you through the process to ensure your needs and wishes are appropriately catered for.

Please feel free to contact our Miss Carli Evans on 01446 721 000 or for more information.

Stamp Duty Reforms

From April the government is set to introduce new rules to increase the stamp duty liability for second home owners.

The new rules are set to apply to purchases for buy-to-let, holiday homes, or second properties. Only houseboats, caravans, homes under £40,000.00, and other limited transactions are exempt.

The details of the policy are set to be published in the 2016 Budget on 16 March 2016.

The consultation paper published in December has suggested that from April, landlords (second homes owners) will have to pay:

3% duty for the first £125,000.00

5% on the amount between £125,001-£250,000.00

8% between £250,001.00 – £925,000.00.

Watch this space for full details which will be published in the budget this spring.