by Saqib Khan | Jul 22, 2025 | General, People, Powers of Attorney, Wills
Thinking about writing your own will to save a few quid? The temptation is understandable. With online templates and stationery shop kits readily available, it can seem like a quick and easy way to tick a vital task off your list.
However, at KhanMather Solicitors, we often see the unintended consequences of ‘DIY’ wills. While they might seem like a thrifty solution now, they can create significant legal and financial problems for your family down the line. In many cases, the supposed savings are dwarfed by the legal fees and stress incurred by your loved ones trying to sort out an invalid or poorly drafted will.
Here’s why that ‘do-it-yourself’ approach could end up costing your family more.
- The Risk of Invalidity
For a will to be legally binding in England and Wales, it must adhere to strict rules set out in the Wills Act 1837. These include:
- It must be in writing.
- It must be signed by the testator (the person making the will).
- The signature must be made or acknowledged in the presence of two witnesses.
- The two witnesses must also sign the will in the presence of the testator.
Simple, right? But small mistakes can render a will completely invalid. We’ve seen cases where a signature wasn’t in the right place, a witness was also a beneficiary (which invalidates their gift), or the will wasn’t dated correctly. If your will is invalid, your estate will be treated as if you died without one, leading to it being distributed under the rules of intestacy, which may not be what you wanted at all.
- Ambiguity and Misinterpretation
One of the most common issues with ‘DIY’ wills is a lack of clarity. A solicitor uses precise legal language to ensure your wishes are clear and unambiguous. A home-written will might use vague phrases like “my family home” or “my personal belongings,” which can lead to disputes.
What constitutes a “family home”?
Does that include the garage, the garden shed, or even the land it sits on?
Who exactly is included in “my family”?
These ambiguities can spark heated arguments between loved ones, potentially leading to costly legal battles to interpret your true intentions.
- Failing to Account for All Assets
A professionally drafted will from a firm like KhanMather goes beyond just your house and savings. We work with you to create a comprehensive picture of your estate, including:
- Bank accounts and investments
- Pensions and life insurance policies
- Overseas property
- Digital assets (online accounts, cryptocurrency, etc.)
- Personal possessions with sentimental or high value
A ‘DIY’ will might miss a key asset, or fail to correctly transfer it, leaving part of your estate to be distributed by intestacy rules—a scenario that can cause immense frustration and financial loss for your family.
- Inheritance Tax and Financial Planning
Inheritance Tax (IHT) is a complex area of law. A solicitor can advise on potential tax liabilities and help structure your will in a way that minimises the amount of tax your estate has to pay. This could involve using trusts, making specific gifts to charities, or taking advantage of various reliefs and exemptions.
A ‘DIY’ will is unlikely to take these complex tax planning opportunities into account, potentially resulting in a much larger tax bill that reduces the inheritance your loved ones receive. The money saved on a solicitor’s fee could be a drop in the ocean compared to the additional tax your family ends up paying.
- Your Family’s Emotional Well-being
Perhaps the most significant cost of a ‘DIY’ will is the emotional toll it can take on your family. The grieving process is difficult enough without the added stress of trying to navigate a legal minefield. Disagreements over an unclear will can cause irreparable rifts between siblings and other family members.
A professionally drafted will gives you and your family peace of mind. It’s a final act of care that ensures your wishes are respected, your loved ones are provided for, and the administration of your estate is as smooth and straightforward as possible.
While the upfront cost of a solicitor might seem like an expense, it is an investment in your family’s future. It ensures that your estate is handled correctly, your wishes are followed, and your family is protected from unnecessary legal and emotional turmoil.
If you are considering making or updating your will, please contact Georgina at KhanMather Solicitors on 0161 850 9911 today for a confidential, no-obligation discussion. We are here to help.
by Saqib Khan | Jul 8, 2025 | Conveyancing, General, Landlord and Tenant Law
Leasehold residential properties are a common type of housing in many countries around the world. They are particularly popular in urban areas, where land is scarce and expensive. In this blog, we will discuss leases with regards to leasehold residential properties, including what they are, how they work, and some of the key issues that arise in relation to them.
What is a Leasehold Residential Property?
A leasehold residential property is a type of property where the owner of the property only owns it for a fixed period of time. This period is determined by the lease, which is a legal contract between the owner (known as the landlord) and the occupier (known as the tenant). The lease will set out the terms and conditions under which the tenant can occupy the property, including the rent that they will pay, the length of the lease, and any other obligations that they may have.
How do Leasehold Residential Properties Work?
Leasehold residential properties work by giving the tenant the right to occupy the property for the length of the lease. During this time, they will be responsible for paying rent to the landlord and complying with any other obligations set out in the lease. These may include things like keeping the property in good condition, not making any alterations without the landlord’s permission, and not using the property for any illegal purposes.
At the end of the lease, the property will typically revert back to the landlord, unless the tenant is able to renew the lease or purchase the freehold. This can create uncertainty for tenants, particularly those who have invested a lot of time and money into improving the property.
Key Issues with Leasehold Residential Properties
One of the main issues with leasehold residential properties is the cost of ground rent and service charges. Ground rent is an annual fee that the tenant pays to the landlord for the use of the land on which the property is built. Service charges are fees that the tenant pays to cover the cost of maintaining the common areas of the property, such as the communal gardens or lifts.
In some cases, these fees can be very high, particularly if the landlord has sold the freehold to a third-party company. This can make it difficult for tenants to afford the cost of living in the property, and can also make it harder for them to sell the property when they want to move on.
Another issue with leasehold residential properties is the difficulty of making alterations to the property. Many leases will require the landlord’s permission before any alterations can be made, and this can be a slow and bureaucratic process. This can make it hard for tenants to make the property their own, and can also reduce the value of the property if potential buyers are put off by the restrictions.
Conclusion
Leasehold residential properties are a common type of housing in many countries around the world. They offer tenants the right to occupy a property for a fixed period of time, but can create uncertainty and financial challenges due to the cost of ground rent and service charges. Tenants may also face restrictions on making alterations to the property, which can reduce its value and make it harder to sell. If you are considering buying or renting a leasehold residential property, it is important to carefully review the terms of the lease and seek legal advice if necessary. Please call our conveyancing department on 0161 850 91 and speak to Hannah to discuss any lease concerns you may have.
by Saqib Khan | Jun 18, 2025 | General, Litigation, People, Personal injury
Significant changes to whiplash injury compensation are set to take effect on 31 May 2025, as the UK government updates the Whiplash Injury Regulations. These amendments aim to adjust compensation amounts in line with inflation and ensure fair treatment for claimants.
Key Changes:
- Increased Compensation Tariffs: The fixed compensation amounts for whiplash injuries lasting up to two years will rise by approximately 14–15%, accounting for inflation from 2021 to 2024 and projecting ahead to 2027.
- Effective Date: The new tariffs apply to accidents occurring on or after 31 May 2025. Claims from incidents before this date will follow the existing tariff structure.
- Tariff Structure Maintained: The current framework, which includes separate considerations for minor psychological injuries, remains unchanged.
Implications for Claimants:
- Enhanced Compensation: Claimants with qualifying injuries from accidents on or after the effective date can expect higher compensation amounts.
- Continued Use of Official Injury Claim Portal: The Official Injury Claim service remains the primary platform for submitting and managing low-value road traffic accident claims.
- Medical Evidence Requirement: All claims must be supported by medical evidence; pre-medical offers to settle are prohibited.
How Khan Mather Solicitors Can Assist:
Navigating personal injury claims can be complex, especially with evolving regulations. Our experienced team at Khan Mather Solicitors is here to guide you through the process, ensuring you receive the compensation you deserve. If you have any questions, please do not hesitate to telephone Hannah on 0161 850 9911.
by Saqib Khan | Jun 12, 2025 | Conveyancing, General, Landlord and Tenant Law
Recent headlines reveal a significant trend in the UK rental market: nearly half of landlords are reportedly planning to increase rents ahead of the impending rental reforms. This news, while perhaps not entirely surprising, highlights the complex landscape facing both landlords and tenants as significant legislative changes approach.
At KhanMather, we understand that these developments can create uncertainty and concern. As a law firm committed to providing clear, practical advice, we aim to shed light on what these planned rent increases mean and how both parties can navigate the evolving legal framework.
The Driving Force: Impending Rental Reforms
The anticipated increase in rents is largely a pre-emptive response to the Renters’ Rights Bill, which is set to bring about the most significant changes to the private rented sector in decades. Key reforms include:
- Abolition of Section 21 “no-fault” evictions: This is arguably the most impactful change, giving tenants greater security of tenure and empowering them to challenge poor practices without fear of arbitrary eviction.
- Move to periodic tenancies: All assured shorthold tenancies will become periodic, meaning tenants can stay indefinitely unless a landlord has a valid, specified ground for possession.
- Restrictions on rent increases: Landlords will generally be limited to one rent increase per year, which must be in line with the market rate. Tenants will have the right to challenge excessive increases at a First-tier Tribunal.
- New Landlord Ombudsman and Private Rented Sector Database: These measures aim to provide better dispute resolution and greater transparency in the sector.
- Application of the Decent Homes Standard: All rental properties will need to meet minimum quality standards.
Why Are Landlords Increasing Rents Now?
The news that 44% of Buy-to-Let landlords intend to raise rents, with an average increase of 6%, suggests several motivations:
- Anticipation of reduced flexibility: With the abolition of Section 21 and the shift to periodic tenancies, landlords may feel they will have less control over their properties and the ability to adjust rents to market rates as frequently. Increasing rents now allows them to secure a higher income before these new limitations come into full effect.
- Covering increased costs: Landlords face rising operational costs, including increased mortgage interest rates, maintenance expenses, and potential new compliance costs associated with the reforms. Higher rents can help offset these pressures.
- Addressing market rates: While the Bill limits future increases to once a year at market rate, some landlords may feel their current rents are below market value and are seizing the opportunity to align them before new regulations are fully implemented.
- Uncertainty and risk mitigation: The sheer scale of the reforms introduces an element of uncertainty. Some landlords may be increasing rents as a form of risk mitigation, ensuring a stronger financial position as they adapt to the new legal landscape.
Implications for Tenants
For tenants, the prospect of increased rents adds another layer to the ongoing cost of living crisis. While the reforms are designed to offer greater protections, the immediate impact for many could be higher housing costs. It is crucial for tenants to understand their rights, particularly regarding challenging excessive rent increases once the new legislation is in place.
Navigating the Changes: Our Advice
For Landlords:
- Stay informed: The Renters’ Rights Bill is progressing, and understanding its nuances is critical. Keep abreast of the latest updates and the precise implementation timelines.
- Review your portfolio: Assess your current rental agreements and consider how the new periodic tenancy structure will impact your properties.
- Understand possession grounds: Familiarise yourself with the expanded Section 8 grounds for possession. Effective tenant management and thorough record-keeping will become even more vital.
- Ensure compliance: Proactively work towards meeting the Decent Homes Standard and prepare for mandatory registration with the Private Rented Sector Database.
- Seek legal advice: If you are considering rent increases or are unsure about any aspect of the upcoming reforms, professional legal advice is invaluable to ensure compliance and avoid future disputes.
For Tenants:
- Understand your tenancy agreement: Know your current terms and conditions.
- Be aware of your rights: Once the Renters’ Rights Bill is enacted, you will have greater protection against arbitrary evictions and the ability to challenge unreasonable rent increases.
- Keep clear records: Document all communications with your landlord, particularly regarding rent increases or property maintenance issues.
- Know where to seek help: If you believe a rent increase is unfair or you are facing other issues, be aware of the resources available to you, including the new Landlord Ombudsman.
KhanMather: Your Partner in the Evolving Rental Landscape
The UK rental market is undergoing a significant transformation. At KhanMather, our experienced legal team is dedicated to helping both landlords and tenants understand and navigate these changes. Whether you require advice on compliance, tenancy agreements, dispute resolution, or simply want to ensure you are fully prepared for the new era of renting, we are here to offer clear, practical, and effective legal solutions.
Don’t let uncertainty lead to costly mistakes. Contact Hannah at KhanMather today on 0161 850 9911 for tailored legal guidance on the Renters’ Rights Bill and its impact on your property interests.
by Saqib Khan | Jun 4, 2025 | General, Powers of Attorney, Wills
At Khan Mather, we believe that preparing for the future should be a straightforward and reassuring process. That’s why we’re keenly following the Law Commission’s recently published “Modernising Wills Report”, a significant step towards bringing wills law into the 21st century. This comprehensive review, culminating in a final report on 16th May 2025, proposes crucial reforms to the Wills Act 1837 – a piece of legislation that has remained largely unchanged for over 180 years.
So, what does this mean for you and your estate planning? Let’s break down the key recommendations:
- Embracing the Digital Age: Electronic Wills
One of the most anticipated and impactful recommendations is the groundwork laid for electronic wills. While not immediately becoming legal, the report proposes empowering the government to introduce them in the future, once robust safeguards are in place. This would allow wills to be created, signed, and stored digitally, moving away from the traditional paper-based system.
What this means for you:
This could offer greater flexibility and convenience, especially for those with digital assets, mobility issues, or who travel frequently. However, the emphasis on robust systems for authenticity, security, and protection against undue influence is paramount, and we at Khan Mather will ensure we are at the forefront of understanding and implementing any future changes.
- A More Flexible Approach: Dispensing Power for Imperfect Wills
The current law is notoriously strict when it comes to the formalities of making a valid will. Even minor errors can lead to a will being deemed invalid, often frustrating a testator’s clear intentions. The Law Commission recommends granting the courts a dispensing power. This would allow judges to uphold a will even if it doesn’t meet all the formal requirements, provided they are satisfied that it clearly represents the deceased’s genuine testamentary intentions at the time of their death.
What this means for you:
This is a welcome change that aims to prevent unintended intestacy (dying without a valid will) due to technicalities. It could open the door for informal notes, voice recordings, or even video messages to be considered if they clearly express a person’s wishes. While this offers more flexibility, it also highlights the continued importance of clear and unambiguous expression of your intentions, and professional legal advice remains crucial to minimise potential disputes.
- Lowering the Age for Making a Will: 16 and Beyond
Currently, you must be 18 to make a valid will. The report suggests lowering this age to 16 years old. This aligns the ability to make a will with other legal responsibilities that individuals can undertake at this age, such as marrying. The court could also be given the power to authorise a will for a child under 16 in specific circumstances.
What this means for you:
This recognises the increasing financial independence of young people and allows them to plan for their assets, especially in situations where they may have complex family circumstances or face serious illness.
- Ending the “Predatory Marriage” Trap: No Automatic Revocation on Marriage
Under current law, getting married or entering a civil partnership automatically revokes any existing will, unless the will was made in contemplation of that specific marriage. This rule often catches people unawares and can lead to unintended consequences, sometimes even facilitating “predatory marriages” where vulnerable individuals are married for financial gain, with their previous will being invalidated.
The Law Commission recommends abolishing this automatic revocation rule.
What this means for you
This is a crucial safeguard, protecting vulnerable individuals and ensuring that a person’s carefully considered testamentary wishes are not inadvertently cancelled by marriage. While beneficial, it does mean that if you wish your will to change upon marriage, you will need to specifically update it.
- A Unified Approach to Mental Capacity and Undue Influence
The report proposes aligning the test for testamentary capacity with the more modern framework of the Mental Capacity Act 2005, providing greater consistency across different areas of law. Furthermore, it recommends a statutory doctrine for undue influence, allowing courts to infer undue influence where there are reasonable grounds to suspect it, offering better protection for vulnerable testators.
What this means for you:
These recommendations aim to provide clearer guidance and stronger protections against manipulation and coercion when a will is being made.
What Happens Next?
The Law Commission has published its final report and a draft Bill for a new Wills Act. It is now up to the Government to consider these recommendations and decide whether to introduce legislation. While there’s no immediate change to the current law, these proposals signal a significant shift in how wills may be viewed and created in the future.
Our Advice at Khan Mather
Until any new legislation is formally enacted, it is vital to continue to make and execute your will in accordance with the existing Wills Act 1837. This ensures your wishes are legally binding and minimises the risk of disputes.
The proposed reforms highlight the importance of regularly reviewing your will to ensure it reflects your current wishes and circumstances. Whether you’re considering making a new will, updating an existing one, or simply want to understand how these potential changes might affect your legacy, the Private Client and Wills team at Khan Mather is here to help.
Telephone Georgina on 0161 850 9911 for expert, tailored advice and peace of mind for your future.
by Saqib Khan | May 29, 2025 | General, Litigation, People, Personal injury
In a significant decision on 25 February 2025, the Court of Appeal has reaffirmed the right of children and protected parties to remain anonymous when settling personal injury claims. This ruling restores clarity after a recent High Court judgment had introduced uncertainty regarding these protections.
Key Points
- Reaffirmation of Established Principles: The Court confirmed that the principles established in JXMX v Dartford and Gravesham NHS Trust [2015] remain binding. This means that anonymity should continue to be granted as a matter of routine unless there is a compelling reason otherwise.
- Balancing Transparency and Privacy: While open justice is a fundamental principle, the Court acknowledged the unique challenges in cases involving children and protected parties. Publicly revealing their identities could expose them to exploitation, unwanted intrusion, and financial targeting.
- Use of Standard Procedures: The judgment emphasised the importance of using the court’s PF10 form when applying for anonymity orders, maintaining consistency with the JXMX framework.
Implications for Claimants
This decision provides reassurance to vulnerable claimants that their privacy will be protected during legal proceedings. However, legal practitioners remain cautious as the legal landscape continues to evolve, with further rulings anticipated that could impact the approach to anonymity in the courts.
At Khan Mather Solicitors, we are committed to safeguarding our clients’ rights and privacy. If you have concerns about anonymity in personal injury claims, our experienced team is here to provide guidance and support, so call on 0161 850 9911 and speak to one of our Litigation Solicitors.
