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.
by Saqib Khan | May 27, 2025 | Conveyancing, General, Landlord and Tenant Law, People
Buying a home is a significant life event. If you are considering a leasehold property, it is crucial to fully understand the implications of this form of ownership. At KhanMather, our Residential Property Solicitors are dedicated to guiding you through the intricacies of freehold, leasehold, and commonhold titles, empowering you to make confident and informed decisions when purchasing your new home.
What Does ‘Leasehold’ Mean?
Leasehold remains a prevalent form of property title in England and Wales, particularly in regions such as the North West, where 27% of properties are leasehold, and London, with 36%.
Unlike freehold ownership, where you purchase both the building and the land it occupies, leasehold means you acquire ownership of the building for a fixed period, known as the lease term. During this term, you “lease” the property from the freeholder, who retains ownership of the underlying land.
The parties involved in a leasehold agreement typically include:
- Leaseholder (Tenant): You, as the owner of the property for the lease term.
- Freeholder (Landlord): The owner of the land on which the property is built.
- Management Company (Optional): A separate entity responsible for maintaining common areas.
Lease terms commonly range from 99, 125, 250, to 999 years. It is vital to monitor the remaining years on your lease, as the property’s value diminishes significantly as the term shortens. Mortgage lenders generally show reluctance to lend on properties with fewer than 80 years left on the lease. Upon expiry, ownership reverts to the freeholder unless the lease is formally extended.
Common Leasehold Terms
When considering a leasehold property, you will encounter specific financial and operational terms:
- Ground Rent: This is an annual payment made to the freeholder as a condition of the lease, distinct from payments for services. Historically nominal, some modern leases incorporate “escalating” ground rent clauses, leading to substantial increases over time. Recognising these concerns, legislation enacted in July 2022 prevents the creation of new leases with ground rents exceeding a peppercorn (a nominal sum). The future treatment of existing leases with escalating ground rent clauses remains a subject of ongoing legal discussion.
- Service Charge: In addition to ground rent, leaseholders often contribute to a service charge. These payments, made to the landlord or a designated management company, cover the maintenance of communal facilities such as shared entrances, staircases, gardens, courtyards, or car parks. When viewing a property that may incur a service charge, we recommend requesting a copy of the service charge budget to assess the level of charge and factor it into your overall budget.
Restrictions and Covenants
Leases commonly contain restrictions, known as covenants, which can be more stringent than those associated with freehold properties. It is imperative to review the lease thoroughly to understand what you can and cannot do with the property. Common restrictions include:
- Prohibitions on external or structural alterations, including extensions, without the consent of the freeholder or management company.
- Limitations on pets, potentially requiring consent from the freeholder or management company.
- Restrictions on sub-letting the property without the consent of the freeholder or management company.
Extending the Lease or Purchasing the Freehold
Recent legislative changes have removed the minimum ownership period previously required before a leaseholder could approach the freeholder to purchase the freehold or extend their lease.
Under the Leasehold Reform Act 1967, leaseholders of houses have the statutory right to acquire the freehold interest, a process known as enfranchisement. While some freeholders may agree to sell their interest voluntarily, others necessitate a formal claim and adherence to a statutory procedure. Seeking professional legal advice is crucial to navigate this process effectively and understand the potential costs involved.
What is Commonhold?
Introduced by the Commonhold and Leasehold Reform Act 2002, commonhold offers an alternative to the traditional long leasehold system. Although its initial reception by mortgage lenders and developers limited its widespread adoption, new proposals aim to revitalise commonhold, enhancing the structure and management of multi-occupancy developments or estates.
In theory, commonhold enables individual unit owners (e.g., houses or flats within a larger building) to own the freehold of their specific unit. A “commonhold association,” comprising the individual unit owners, would be formed and registered at Companies House. This association would own and manage the common parts of the building and estate, such as entrances, communal gardens, car parks, and the building’s structural elements.
Instead of a lease, a “commonhold community statement” would define the rights of individual unit owners to use common areas and establish their mutual responsibilities. A “commonhold assessment,” similar to a service charge, would be paid to contribute towards maintenance costs.
Further legislation is anticipated to make commonhold a more widely utilised structure, and we are closely monitoring these developments to provide our clients with the most up-to-date advice.
If you have any questions, p[lease telephone Hannah on 0161 850 9911.
by Saqib Khan | May 22, 2025 | General, People, Powers of Attorney, Wills
In a significant development for bereaved families, HM Courts and Tribunals Service (HMCTS) has successfully reduced average probate waiting times from twelve weeks at the end of 2023 to just over four weeks by December 2024. This improvement is part of the government’s initiative to address backlogs exacerbated by the COVID-19 pandemic .
Key Improvements:
- Digital Applications: Approximately 80% of probate applications are now processed online, with digital applications averaging just over two weeks to complete.
- Efficient Processing: For applicants who submit documents without issues, probate is granted in less than a week on average.
- Staff Training: Additional staff have been trained as part of the government’s Plan for Change to restore public services .
At Khan Mather Solicitors, we welcome these advancements, which aim to ease the burden on individuals navigating the probate process during challenging times. Our team remains committed to providing expert guidance to ensure a smooth and efficient experience for our clients.
If you have any questions regarding Probate, please do not hesitate to contact Hannah on 0161 850 9911.
by Saqib Khan | May 15, 2025 | Conveyancing, General, Landlord and Tenant Law, People
As we progress through 2025, the residential conveyancing landscape in England and Wales is undergoing significant transformations. Understanding these trends is crucial for buyers, sellers, and legal professionals alike. At Khan Mather Solicitors, we stay abreast of these developments to provide our clients with informed and effective legal guidance.
- Surge in Property Transactions Post-Stamp Duty Changes
The reduction of the Stamp Duty Land Tax (SDLT) threshold from £250,000 to £125,000 in April 2025 prompted a flurry of property transactions as buyers rushed to complete deals before the deadline. This surge has led to increased workloads for conveyancers and potential delays in processing times. Clients are advised to plan accordingly and engage legal services early in the buying or selling process.
- Emphasis on Energy Efficiency and Sustainability
There is a growing demand for energy-efficient homes, with buyers prioritising properties that offer sustainable features. Sellers are responding by investing in eco-friendly upgrades to attract environmentally conscious purchasers. Conveyancing practices now often include assessments of a property’s energy performance and sustainability credentials.
- Digital Transformation in Conveyancing Processes
The conveyancing sector is embracing digital tools to streamline operations. From electronic signatures to online property portals, technology is enhancing efficiency and transparency. However, challenges remain, such as ensuring cybersecurity and adapting to new digital platforms. Clients should be prepared for a more digital-centric conveyancing experience.
- Market Consolidation Among Conveyancing Firms
The conveyancing market is witnessing consolidation, with larger firms handling an increasing share of transactions. This trend may impact service delivery and client experience. At Khan Mather, we pride ourselves on maintaining personalized service while adapting to industry changes.
- Legislative Reforms Impacting Property Transactions
Recent legislative changes, including the Leasehold and Freehold Reform Act, are reshaping property ownership structures. These reforms aim to simplify transactions and provide greater clarity for buyers and sellers. Staying informed about such legal developments is essential for all parties involved in property transactions.
Navigating the evolving conveyancing landscape requires expertise and adaptability. Khan Mather Solicitors is committed to guiding our clients through these changes with professionalism and personalised support.
by Saqib Khan | May 8, 2025 | Conveyancing, General, Landlord and Tenant Law, People
Buying your first home is an exciting milestone! But navigating the legal process, known as conveyancing, can feel daunting. At KhanMather, we understand this, and we’re here to guide you through every step, ensuring a smooth and stress-free journey to your new home.
What is Conveyancing?
Conveyancing is the legal process of transferring ownership of a property from the seller to you, the buyer. It’s more than just signing paperwork; it involves thorough checks to ensure you’re buying a property free from legal issues.
Why Choose KhanMather for Your Conveyancing?
At KhanMather, we pride ourselves on providing a personalised and transparent conveyancing service. We understand that buying your first home is a significant investment, and we’re committed to:
• Clear Communication: We’ll explain complex legal jargon in plain English, keeping you informed at every stage.
• Proactive Approach: We’ll anticipate potential issues and work diligently to resolve them promptly.
• Dedicated Support: You’ll have a dedicated solicitor to answer your questions and provide expert advice.
• Competitive Fees: We offer transparent and competitive fixed fees, so you know exactly what to expect.
• Local Expertise: We have a deep understanding of the local property market and legal landscape.
The Conveyancing Process: A Step-by-Step Guide
1. Instructing Your Solicitor:
o Once your offer is accepted, contact KhanMather to instruct us as your conveyancing solicitors.
o We’ll gather your information and provide you with a detailed quote.
2. Initial Checks and Enquiries:
o We’ll review the draft contract and raise enquiries with the seller’s solicitor.
o We’ll conduct essential searches, including local authority, water, and environmental searches, to identify any potential issues.
3. Mortgage Offer Review:
o We’ll carefully review your mortgage offer to ensure it aligns with the property details and your requirements.
4. Survey Results:
o If you’ve commissioned a survey, we’ll review the findings and advise you on any necessary actions.
5. Contract Exchange:
o Once all enquiries are satisfied and your mortgage offer is confirmed, we’ll exchange contracts with the seller’s solicitor.
o This is a legally binding commitment to purchase the property.
6. Pre-Completion Checks:
o We’ll carry out final checks, including a land registry search and a bankruptcy search.
7. Completion:
o On the agreed completion date, we’ll transfer the purchase funds to the seller’s solicitor.
o You’ll receive the keys to your new home!
8. Post-Completion:
o We will Register the property in your name at the land registry.
o We will also ensure that stamp duty land tax has been paid.
Common Conveyancing Concerns for First-Time Buyers:
• Understanding legal jargon: We’ll break down complex terms and explain everything in a clear and concise manner.
• Dealing with delays: We’ll proactively manage the process to minimise delays and keep you informed of any potential issues.
• Budgeting for costs: We’ll provide a transparent breakdown of all costs involved, including stamp duty land tax, search fees, and legal fees.
Ready to Take the Next Step?
Don’t let the complexities of conveyancing overwhelm you. At KhanMather, we’re dedicated to providing a seamless and stress-free experience for first-time buyers.
Contact Hannah today on 0161 850 9911 for a free, no-obligation quote and let us help you turn your dream of homeownership into a reality.
