Taking Children Abroad – what is the law?

You must get the permission of everyone with Parental Responsibility for a child OR the permission of the Court before taking a child abroad. Taking a child without permission is Child Abduction.

We here at Passmores Solicitors are specialists in domestic and international children matters (including Hague Convention and Wardship matters).

Should you be seeking to move to another country with your child, or, you simply wish to obtain advice on international or domestic travel, do not hesitate to contact us on 029 20 786 618

Equally, should you be seeking the return of your child who has been unlawfully removed from the jurisdiction, or you have concerns that your child may be imminently removed, do not hesitate to contact us on 029 20 786 618.

Whether you are seeking an informal discussion on the law, wish to know your options, or you are considering issuing an application at Court, please call us today on 029 20 786 618 where one of our legal experts will be happy to assist.

Should you seek a face-to-face meeting, we offer our clients an initial free 30 minute consultation at both our Cardiff and Barry offices.

10% off Conveyancing fees during February 2017

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 between 1 February 2017 and 28 February 2017

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

Please call us on 01446 721000, email us mail@passmores.com, or complete our online conveyancing questionnaire.

Lasting Power of Attorney Solicitor Cardiff and Barry

Cancer Research UK Free Will Service

Passmores Solicitors are proud to announce that to date, our clients have pledged in excess of £972,485.00 to Cancer Research UK via the Cancer Research UK Free Will Scheme.

Cancer Research UK are the world’s leading cancer charity dedicated to saving more lives by preventing, controlling, and curing cancer.

98% of Cancer Research UK’s research happens in key locations across the UK.

Gifts left to Cancer Research UK in Wills fund over one third of the research carried out by the charity.

If you would like to leave a gift to Cancer Research UK in your Will please contact us on 01446 721 000 for more details.

Mediation-Solicitors-Barry-Cardiff

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-Barry-Cardiff-Bay

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 mail@passmores.com 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 ce@passmores.com

Child Abduction & International Children Law Cardiff and Barry

BREXIT IMPACT ON CHILD ABDUCTION LAWS

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 cer@passmores.com.

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 mail@passmores.com.

Will and Probate Solicitors Cardiff and Barry

WILL DEAL

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 mail@passmores.com for more information.

http://www.dailymail.co.uk/news/article-3449654/Grandmother-lived-partner-18-years-wins-court-battle-stop-share-335-000-house-passing-wife-never-divorced.html