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 | 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 | 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.
