How to Choose the Right Wills and Probate Solicitor in London!

Wills and probate can be an extremely difficult process for those who are involved, and it’s important to have a solicitor on your side that can help make the process as smooth as possible. In this blog post, we will discuss the different types of will, how they work, and what the conclusion of probate is. We will also provide advice on how to make a will, and what to consider when drafting one. If you are worried about the aftermath of someone’s death, or struggling to deal with wills or probate in London, read on and find out how our team can help!

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What is probate?

Probate can be a complex and time-consuming process, but choosing the right solicitor can make all the difference. It's important to know the different types of probate and the legal requirements that will apply to your specific estate. A Wills and Probate solicitors London can help you create and update your will, as well as deal with any probate issues that may come up. Make sure to get in touch with a solicitor as soon as you're planning on dying, so they can get started on drafting the correct probate documents for your specific case. probate is the legal process of transferring an estate or property to someone after a person's death.

How to make a will

Making a will is an important decision that should not be taken lightly. It can be stressful and confusing, which is why it's important to choose the right solicitor to help you. A will solicitor will understand your specific needs and will help you create the perfect will that meets your needs and goals. First and foremost, make a list of all the assets and possessions you want to leave behind. Next, create an estate plan that reflects your wishes - this will help to ensure everything is handled correctly in the event of death. Finally, be sure to keep all important documents safe and updated as the situation may change during the course of making or revoking a will! In the end, the right will solicitor can make all the difference - so don't hesitate to get in touch if you're looking for legal guidance in this important decision.

How does a will work?

Wills and Probate solicitor Harrow are legal matters that can be quite complex. That's where a solicitor comes in - they are responsible for helping you make the right choices, and ensuring that everything goes according to plan. Before you choose a solicitor, it's important to understand all of the details. This includes understanding how a will works and what factors need to be considered. You also need to be open and honest with the solicitor - they will be the ones who will be responsible for carrying out your wishes. Make sure to discuss all of your concerns and questions with the lawyer you choose, so that everything goes smoothly during this difficult time. Finally, make sure to get a will approved by the court. This will make your estate legal and will protect your family from any legal disputes or inheritance issues.

The different types of wills

Making a will can be a daunting task, but not impossible with the help of the right solicitor. There are three types of wills - oral, holographic, and testamentary - each with its own advantages and disadvantages. It's important to choose the right type for you or your loved ones, as each will has its own set of rules and requirements. For example, testamentary wills are the most formal type of will and have the most legal impact. They are usually cremated or buried, and have no effect on inheritance rights, but provide peace of mind in case something happens to the testator before death. Oral wills are the simplest type of will and can be made with just a few words. So whatever type of will you choose, make sure to get legal advice from a solicitor who is experienced in drafting wills for London residents.

Conclusion

There are many factors to consider when choosing the right solicitor for your will or probate process. One of the most important factors is fee structure. Make sure to compare rates and ask for references. Additionally, it is important to meet with the solicitor in person to get a sense of their skills and approach. This will help you make an informed decision and reduce the chances of any misunderstandings or problems down the line. So, whether you're going through a will or probate process for the first time or you're just looking for a change, make sure to consult the right solicitor. They will be more than happy to help! Visit: https://www.aschfordslaw.com/wills-probate-services/

 

UK Immigration: Indefinite Leave to Remain for Victims of Domestic Violence

Aschfords Law has an experienced Immigration team, well versed in assisting people from all walks of life secure leave to remain in the UK- including victims of domestic violence. This article will shed light on the immigration routes available for victims of domestic violence who are in the UK and wish to obtain leave to remain in their own right and not be dependent on their abusive partner.

What is domestic violence?

Domestic violence is not just physical violence it also includes coercive, controlling and threatening behaviour. Domestic abuse includes psychological, sexual, financial and emotional abuse.

Domestic violence is not just violence between men and women, but abuse between two people (regardless of their gender) who are partners or family members.

Partner of a British citizen

Persons with a UK Spouse Visa or leave to remain as the partner of a British national or partners of someone settled in the UK can apply for Indefinite Leave to Remain (ILR) in the UK if their relationship has permanently broken down due to domestic violence. To apply for ILR under this route you do not need to be married to the abusive partner, applications from unmarried partners are allowed, as long as you have leave to remain in the UK on that basis. You can apply for ILR as a victim of domestic violence even if your visa has expired, however, you should seek to regularise your stay as soon as possible.

In order to secure Indefinite Leave to Remain as a Victim of Domestic Violence the applicant will need to show -among other requirements- that they are in the UK and their relationship with their partner has permanently broken down due to domestic violence. The domestic violence does not need to have been perpetrated by the applicant’s partner, it could have been perpetrated by another family member e.g. parents in law.

Support workers and legal representatives are best placed to help with obtaining evidence of domestic violence. Proof of domestic violence could include (but is not limited to) medical reports, police reports, injunctions ordered by the court and letters from social services or domestic violence organisations.

The application fee for ILR as a victim of domestic violence is £2389. Therefore, applicants can apply for a fee waiver if they do not have sufficient funds to pay the Home Office fee.

The Home Office have acknowledged that when people leave their abusive partners, they may be destitute and unable to afford new accommodation. Especially if the abusive partner is controlling their finances. Therefore, in 2012 the Home Office introduced the Destitute Domestic Violence Concession- this gives applicants three months leave outside the rules and access to public funds. The Concession gives applicants access to financial support and accommodation whilst they prepare their application for Indefinite Leave to Remain as a Victim of Domestic Violence. 

Once an application for indefinite leave to remain in the UK has been submitted, the Home Office aims to issue a decision within six months.  If you have valid leave to remain in the UK, the conditions of your leave (e.g right to work) will continue whilst your application is pending.

Partner of an EEA national

If you are the partner of an EEA national and your relationship breaks down due to domestic violence you may apply for permanent residence if you or your ex-partner have lived in the UK for five years or more. You may also apply for a right to reside as the parent caring for the child of an EEA worker or retained rights of residence.

Options if you do not have any status in the UK

If you do not have any status in the UK, you may make an application for leave to remain based on your human rights e.g. your family and private life - especially if you have children in the UK-, long residence or leave outside the rules due to compassionate circumstances. It would be worth having a consultation with an Immigration Solicitor to assess which type of leave to remain is most suitable for you in light of your circumstances.

If you need a UK Immigration Lawyer and need assistance with any aspect of UK immigration law whether from inside the UK or from overseas, contact Aschfords Law in Harrow, London. We also provide legal advice and assistance in respect of Family Law (including divorce proceedings), Wills & Probate, Litigation, Landlord & Tenant.  You can contact Aschfords Law on +44 (0) 7582932830 or visit our website on www.aschfordslaw.com

 

UK IMMIGRATION LAW AND RECOMMENDATIONS BY MAC

As the UK has left the EEA, the UK government has decided to overhaul some of the UK Immigration Appeal system with new policies, reforms and innovations specifically in connection with Skilled Migrant workers.  The UK government has decided to adopt some of the recommendations by the Migration Advisory Committee (MAC), which is an independent government advisory body on UK immigration. And although the MAC’s recommendations cover a broad spectrum of UK Immigration Laws, this article focuses on Skilled Migrant workers, specifically on what is known as the Points-Based System (PBS).

What is the current UK Immigration System?

Under the current skilled migrant worker route, EU nationals are not required to have a visa either to travel or work in the UK because they benefit from "freedom of movement" and only need to comply with a set rule to work in the UK. However, for skilled migrant workers coming from outside the EU, there is a system in place which is based on points. The PBS has four main tiers and to be eligible for a visa an applicant would be assessed and awarded points in certain criteria, such as specific skills, salaries of professions. The following are the four main PBS visa routes: Tier 2 General Migrant (Skilled workers), Tier 4 Students, Tier 5 Migrant and Tier 1 Investor Migrants. Under the Tier 2 Skilled worker routes, points are awarded if the applicant is sponsored by an Employer with a Sponsor Licence, is being paid the appropriate salary, meets the English language requirements and meets the Maintenance funds requirement. Applicants will therefore be granted visas if they gain enough points to take them above a certain threshold, and in view of some of the challenges applicants encounter regarding attaining the required threshold, the MAC recommended some changes to certain criteria of the threshold.

The current route Tier 2 General Migrant (Skilled worker route)

Skilled workers making applications for Tier 2 General visa would be required to gain 70 points on the following criteria: 30 points would be awarded for having a sponsor, 20 points for being offered the appropriate salary (current minimum threshold £30000), 10 points for having a certain level of English language skills and 10 points for having enough funds to maintain yourself once you arrive in the UK. If an applicant fails to gain the required 70 points, there is no way the applicant will be given a visa under this route. In view of these stringent criteria, the MAC has recommended some changes to the current requirements in order to make it easier for skilled and talented migrants to relocate to the UK to assist in building the UK’s economy as a result of Brexit.

What are some of the recommendations from MAC?

The MAC recommended that as a result of the UK exiting the EEA, the UK must reform its immigration system to be skilled-focused in order to attract high skilled migrant to medium-skilled migrants to relocate the country. They also recommended the abolition of the Resident Labour Market Test and implement a simplified process as the current process can be challenging; and also recommended a new work route for entry to the UK without a job offer (current route: Tier 1 (Exceptional Talent).

 

The MAC recommends amending or replacing the Tier 1 Exceptional Talent visa to provide a more adequate route for skilled workers without a job offer. The UK government has already accepted this particular recommendation and the route will be open to new applicants for what is known as the Global Talent visa route. Under this route applicants would not need a job offer to come to the UK, but rather the potential talented applicants must first secure an endorsement from their respective endorsing bodies before making the application. Please refer to our recent article published on 12 February 2020 under the caption: The UK welcomes the Global Talent visa.

What are the changes with the Minimum salary threshold?

MAC further recommended that the government maintain the salary threshold requirement. However, the government should lower the current minimum salary of £30,000 threshold for the admittance of a skilled worker from anywhere in the world, including EEA nationals, should be £25,600 and £17,600 for new entrants (currently £20,800) based on specific calculations, unless the relevant SOC code stipulates a higher minimum. This is significant if the UK government goes ahead and implement these recommendations as it would enable a number of UK employers to recruit more high - medium skilled migrants to relocate to the UK.

Who can I contact for legal advice?

If you need a U.K. immigration lawyer and need assistance with any aspect of UK Immigration Lawyer whether from inside the U.K. or from overseas, contact Aschfords Law in Harrow, London. We have experience in offering specialist advice in respect of all U.K. immigration matters and have insight to make the process as smooth as possible. We also provide legal advice and assistance in respect to Wills & Probate, Litigation, Landlord and Tenant. 

Please contact us today on: +44 (0) 7582932830.

WEB: https://www.aschfordslaw.com/

Protect Your Finances with A Pre-Nuptial or Post-Nuptial Agreement!

Pre-nuptial and post-nuptial agreements can be quite daunting and unromantic for soon to be married couples and newly married couples. However, it is important for both parties to carely consider what options are available to protect their financial assets before embarking on marriage.

One of the most common issues in divorce proceedings is how assets will be split between the ex-spouses, this is where pre- and post-nuptial agreements can make the situation easier.

What Are Pre- and Post-Nuptial Agreements?

A pre-nuptial agreement is an agreement entered into before marriage by both partners. The agreement provides a plan for what the couple will do with their finances and assets in the event that their marriage breaks down.

A post-nuptial agreement is a similar agreement entered into after the marriage has taken place.

What can Pre- and Post-Nuptial Agreements cover?

These agreements can cover a wide range of assets, commonly they set out what should happen to your property, savings, pension, family heirlooms, debts and any assets bought during the marriage.

Are pre-nuptial or post- nuptial agreements legally binding?

In England and Wales, pre-nuptial and post-nuptial agreements are not legally binding, however, the Court has a duty to take them into account when deciding how assets should be divided in the divorce. Often a pre/post-nuptial agreement will be persuasive to the Court.

At the divorce stage, the Court will consider whether the agreement made between the parties is fair for them and their children. Therefore, it is very important that before entering into such an agreement both parties obtain independent legal advice from separate solicitors. This is to help ensure that both parties understand the implications of the agreement.

When deciding whether to uphold a pre-nuptial or post-nuptial agreement the Court will need to be satisfied that neither party was under duress or undue influence. Due to this, it is ideal to consult a solicitor for legal advice at least three months before your wedding.

Why get a pre-nuptial or post-nuptial agreement?

It is a common misconception that pre- and post-nuptial agreements are only for celebrities or high-net worth individuals. The reality is that such agreements can benefit a wide range of couples- especially young professional couples without children who have accumulated savings from their earnings or parents. Such agreements are especially ideal for people who wish to protect inherited family heirlooms that have been passed down over many generations.

Pre- and post-nuptial agreements may also be ideal for couples who have been married before and wish to ring fence their assets for their children.

Who can I contact for legal advice?

If you need a U.K. family lawyer and need assistance with any aspect of U.K. divorce law, contact Aschfords Law in Harrow, London. We have experience in offering specialist advice in respect of all family matters and have insight to make the process as smooth as possible. We also provide legal advice and assistance in respect to Wills & Probate, UK Immigration Harrow, Matters related to Children, Litigation, Landlord and Tenant.

Please contact us today on: +44 (0) 7582932830, 020 3002 9147. Or visit our website at https://www.aschfordslaw.com/