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Field Overell LLP Coventry, 8/10 Corporation Street, Coventry (2026)

26/05/2026

Missing fathers on birth certificates

Missing fathers on birth certificates can have major consequences in inheritance disputes under the rules of intestacy.

A recent High Court case, Dorant v Dorant [2025], shows how unclear family records can complicate the administration of an estate.

The case involved:
• A £2 million estate in England & Wales
• A dispute over whether siblings were related by whole blood or half blood
• A birth certificate with no father named

Because intestacy rules can treat whole blood and half blood relatives differently, the missing information became central to the case.

The Court had to consider a wide range of evidence beyond official records, including:
✔ DNA evidence
✔ Marriage and immigration records
✔ Family witness testimony

Ultimately, the Court found the siblings were related by half blood, which affected how the estate was distributed.

Cases like this highlight an important point, that missing or incomplete family records can lead to delays, disputes, and costly litigation when someone dies without a will.

It’s a reminder of the importance of:
• Keeping records up to date
• Taking legal advice early
• Making a valid will wherever possible

22/05/2026

BANK HOLIDAY OPENING HOURS

Friday 22nd May 9am to 5.15pm
Monday 25th May CLOSED
Tuesday 26th May CLOSED
Wednesday 27th May Open as usual

14/05/2026

HMRC Tightens Scrutiny on Inheritance Tax Property Valuations

HM Revenue & Customs (HMRC) is increasing its scrutiny of property valuations submitted in inheritance tax (IHT) returns, with more cases now being referred to the Valuation Office Agency (VOA).

This marks a shift from previous practice, where valuations were less frequently challenged. HMRC is now taking a more proactive approach, particularly as inheritance tax receipts continue to rise and more estates fall within the IHT threshold due to frozen allowances.

What This Means for Executors

Executors and families should be aware that:
*Property valuations are more likely to be reviewed
*Undervaluation may lead to additional tax, interest, and penalties
*Executors could face personal liability in some cases

Reducing Risk

To minimise the risk of disputes with HMRC, it is advisable to:
*Obtain a professional valuation from a qualified surveyor (e.g. RICS)
*Keep clear records supporting the valuation
*Seek legal advice early in the probate process

How We Can Help

Our private client team can assist with inheritance tax planning and estate administration, ensuring valuations are robust and compliant with HMRC expectations.

Contact us to book your appointment today! 01926 422101 or [email protected]

11/05/2026

Worried your redundancy might not be fair?

Here are a few signs it’s worth getting advice:
• You were selected without a clear reason
• Proper procedures weren’t followed
• You weren’t offered suitable alternative roles

Every situation is different, but understanding your position early on can help you make informed decisions.

If something doesn’t feel right, it’s always worth checking.

Contact us today to book an appointment.

[email protected] or 01926 422101

28/04/2026

Looking for trusted, straightforward legal advice on your doorstep?

At Field Overell LLP, we’re proud to support individuals and families through life’s most important moments with clear, practical guidance you can rely on.

Our services include:

• Conveyancing – helping you buy or sell your home with confidence
• Wills & Probate – planning ahead and supporting you through difficult times
• Family Law – sensitive, practical advice when it matters most
• Civil Litigation – resolving disputes efficiently and effectively
• Personal Injury – helping you secure the compensation you deserve
• Clinical Negligence – expert guidance when care has fallen below expected standards

We combine traditional values with a modern approach, offering a personal service where you’ll always speak to someone who knows your case.

Pop in, call us, or send us a message! We’re here to help.

[email protected] 01926 422101

28/04/2026

Looking for trusted, straightforward legal advice on your doorstep?

At Field Overell LLP, we’re proud to support individuals and families through life’s most important moments with clear, practical guidance you can rely on.

Our services include:

• Conveyancing – helping you buy or sell your home with confidence
• Wills & Probate – planning ahead and supporting you through difficult times
• Family Law – sensitive, practical advice when it matters most
• Civil Litigation – resolving disputes efficiently and effectively
• Personal Injury – helping you secure the compensation you deserve
• Clinical Negligence – expert guidance when care has fallen below expected standards

We combine traditional values with a modern approach, offering a personal service where you’ll always speak to someone who knows your case.

Pop in, call us, or send us a message! We’re here to help.

[email protected] or 01926 422101

21/04/2026

Charitable Legacies and Trustee Discretion: A Crucial Change from 6 April 2026

From 6 April 2026, a lesser known but highly significant change will affect how charitable gifts in Wills are treated for Inheritance Tax (IHT). In particular, estates that rely on trustee discretion when deciding whether assets pass to charity could lose valuable tax reliefs.

If your Will includes flexible or discretionary provisions involving charitable beneficiaries, this is something you cannot afford to ignore.

The Current Position (Before 6 April 2026)
Under the existing rules, gifts to UK registered charities are generally:
• Fully exempt from IHT, and
• Can help estates qualify for the reduced 36% IHT rate if at least 10% of the net estate passes to charity.

In many Wills, testators allow trustees some flexibility. For example:

• A discretionary trust where trustees may appoint funds to charity
• A “letter of wishes” expressing a preference for charitable giving
• Powers enabling trustees to redirect assets post death

Historically, in some cases, these arrangements could still achieve favourable tax outcomes if trustees exercised their powers in a way that benefited charity.

What Changes from 6 April 2026?
From 6 April 2026, HMRC is tightening the rules.
👉 Charitable gifts will only qualify for IHT relief if they are certain at the date of death.

This means:
• If a gift to charity depends on trustee discretion, it may not qualify for the IHT exemption.
• The same uncertainty can prevent the estate from benefiting from the reduced 36% rate.
• Even if trustees later decide to give to charity, the tax position is assessed based on what was guaranteed at death not what happens afterwards.

Why This Matters
This change targets flexibility but flexibility has been a core feature of modern estate planning.

The consequences include:
1. Loss of IHT Exemption
If a charitable gift is not fixed and guaranteed, it may be treated as if it were not made to charity at all for IHT purposes.

2. Missing the 10% Threshold
Discretionary charitable gifts may not count toward the 10% test needed for the reduced IHT rate potentially increasing the tax burden on the entire estate.

3. Increased Uncertainty and Risk
Wills that were previously considered tax efficient may now produce unexpected IHT liabilities.

If you would like to review your existing Will or discuss this matter further, book an appointment with Gemma Lowe or David Hardy on 01926 422101 or [email protected]

14/04/2026

Court of Appeal Clarifies “Conduct of Litigation” in Mazur v Charles Russell Speechlys LLP

The Court of Appeal has now handed down its much anticipated judgment in Mazur v Charles Russell Speechlys LLP, providing important clarification on the scope of the “conduct of litigation” under the Legal Services Act 2007 and the role of non-authorised fee earners within solicitors’ firms.

The Court of Appeal’s Decision
The Court of Appeal overturned the restrictive approach adopted at first instance and confirmed that not every step taken in the course of litigation amounts to the “conduct of litigation” as a reserved legal activity.

In a judgment that will be welcomed by the profession, the Court held that:

• The statutory prohibition is directed at who is responsible for the conduct of litigation, not every individual who carries out tasks within a case;
• Work undertaken by paralegals, trainees and other non-authorised staff will not necessarily breach the Legal Services Act, provided that an authorised person retains proper control; and
• The concept of “conducting litigation” should be interpreted practically and purposively, reflecting the realities of modern legal practice.

Key Principles Emerging
The decision establishes a clearer and more workable framework:

1. Responsibility vs. Assistance
The critical question is who has conduct of the case, not who performs individual tasks. Day-to-day work may be delegated, but overall responsibility must remain with an authorised person.

2. Reserved Activities Are Narrower Than Suggested at First Instance
The Court rejected the notion that routine procedural steps (such as corresponding with the court or preparing documents) automatically amount to the conduct of litigation.

3. Supervision Is Central
Effective supervision by a solicitor (or other authorised person) is key. Where proper supervision exists, the involvement of non-authorised staff is permissible.
Costs and Retrospective Risk
Importantly, the Court of Appeal’s judgment significantly reduces the risk of widespread costs challenges based on the involvement of non-authorised individuals.

The Court did not accept that work carried out by supervised, non-authorised staff would automatically render costs irrecoverable. This will come as a relief to firms concerned about historic billing practices.

Practical Implications for Firms
While the decision restores a degree of confidence in existing working models, it does not remove the need for care:

• Clear allocation of responsibility: Firms must ensure that an authorised individual is clearly identified as having conduct of each matter.
• Robust supervision structures: Supervision must be real and effective, not merely nominal.
• Defined roles for non-authorised staff: Internal guidance should clarify what tasks can be delegated and where escalation is required.
• Audit and compliance: Firms may wish to review file management and supervision records to demonstrate compliance if challenged.

Conclusion
The Court of Appeal has delivered a pragmatic and commercially realistic interpretation of the Legal Services Act 2007. The judgment confirms that modern team-based litigation practice is lawful, provided that ultimate responsibility rests with an authorised lawyer.

This decision brings welcome clarity and reassurance to solicitors’ firms, while reinforcing the importance of proper supervision and accountability in the delivery of legal services.

This article is for general information only and does not constitute legal advice. Specific advice should be sought for individual matters.

12/04/2026

Accidents at Work: Know Your Rights

Accidents at work can have a serious impact on your health, finances, and peace of mind. Whether the injury is minor or life-changing, employees have the right to expect a safe working environment. When employers fail to meet their legal duties, those affected may be entitled to compensation.

Under English law, employers must take reasonable steps to protect the health and safety of their staff. This includes providing proper training, maintaining safe equipment, carrying out risk assessments, and ensuring that workplaces are free from unnecessary hazards. When these obligations are not met, workplace accidents can occur.

Common accidents at work include slips, trips and falls, injuries caused by faulty machinery, manual handling injuries, accidents involving vehicles or forklifts, and exposure to harmful substances. Such incidents can happen in a wide range of settings, from offices and construction sites to warehouses, factories and care environments.

If you have been injured at work, you may be able to make a claim even if you are still employed by the same employer. The law protects employees from being treated unfairly for pursuing a legitimate claim, and compensation is usually paid through an employer’s insurance, not directly by the business itself.

At our offices in Coventry and Leamington Spa, we regularly assist individuals who have suffered workplace injuries. We understand that making a claim can feel daunting, particularly when dealing with pain, recovery, or time off work. Our role is to provide clear advice, handle the legal process on your behalf, and help you secure compensation for your injury, loss of earnings, and any future care or treatment you may need.

If you have been injured at work and are unsure where you stand, seeking early legal advice can make all the difference.

Contact Lloyd Williams, Solicitor, on 024 7622 9582, 01926 422 101 or [email protected]. Appointments are available at our offices in Coventry and Leamington Spa.

27/03/2026

Why a Professionally Drafted Will Matters:

Lessons from the Sean Hughes Estate Case

A recent High Court decision involving the estate of comedian Sean Hughes highlights a critical issue that many individuals overlook when planning for the future: the importance of having a professionally drafted will.

The Case in Brief
Sean Hughes, who passed away in 2017 aged 51, intended to leave his estate, valued at approximately £4 million, to the housing and homelessness charity Shelter. His assets included a £1.8 million home in north London and two additional properties worth a combined £2.15 million.
However, Hughes had prepared his will using an online platform without legal assistance. The wording he used “my three houses to Shelter” seemed straightforward at first glance. But in reality, it created significant legal ambiguity.

While one property was owned in his personal name, the other two were held through a company in which Hughes was the sole shareholder. This distinction raised a crucial legal question: did the will transfer the properties themselves, or only assets directly owned by Hughes?

A Decade of Uncertainty
Despite agreement between Hughes’ family and the charity about his intended wishes, the ambiguity in the will required judicial clarification. Nearly a decade after his death, the matter was brought before the High Court.

In a virtual hearing, Master Iain Pester ruled that the correct interpretation of the will was that the shares in the company and therefore the two properties should pass to Shelter. Had the court decided otherwise, those assets would have fallen into the residuary estate and been distributed among Hughes’ wider family.

The Risks of DIY Wills
This case serves as a powerful reminder of the risks associated with “DIY” wills:
• Ambiguity in wording can lead to costly and time consuming legal disputes.
• Complex asset structures (such as company ownership) require careful legal consideration.
• Unintended outcomes may arise if a will is not clearly drafted.
• Delays in estate distribution can cause stress for beneficiaries and executors alike.

Even where all parties agree on the deceased’s intentions, the law requires certainty and that often necessitates court involvement when a will is unclear.

The Value of Professional Advice
A solicitor drafted will ensures that:
• Your intentions are expressed clearly and unambiguously.
• All assets whether personally owned or held through companies or trusts are properly accounted for.
• Tax implications and legal structures are fully considered.
• The risk of disputes or litigation is minimised.

In Hughes’ case, a professionally drafted will could have avoided years of delay, legal costs, and uncertainty.

Final Thoughts
Leaving a legacy, whether to family, friends, or charitable causes, is an important decision. Ensuring those wishes are carried out as intended requires more than good intentions; it requires precise legal drafting.

If you are considering making or updating your will, seeking advice from a qualified solicitor is one of the most important steps you can take to protect your estate and your beneficiaries.

Field Overell LLP Coventry

26/05/2026

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