NC Law Solicitors

03/12/2025

Court declares 2006 Will valid despite existence of 2013 version

The High Court has declared that a will that was written in 2006 is valid, after finding that a later 2013 document could not stand. The ruling also set out how legal costs should be divided in the dispute.

The case concerned the estate of a woman who had made more than one will. In 2013 she signed a new version, leaving her property in a different way from the 2006 will. Following her death, relatives disagreed over which document should take effect.

The later 2013 will was challenged on the basis that the woman lacked the mental capacity to make it. Two medical experts were asked to consider her condition and ultimately agreed she was not capable of making a valid will at that time.

The claimant, who stood to inherit most under the 2013 document, eventually accepted that it was invalid and stopped pursuing the claim. However, that still left the court to decide whether to give effect to the 2006 will and to settle the question of costs.

The dispute was heard in the High Court’s Chancery Division before His Honour Judge Berkley, sitting as a High Court judge.

On costs, the judge explained that the usual rule is for the losing party to pay. There are two recognised exceptions: where the testator has caused the dispute, or where it was reasonable to investigate the circumstances. In those cases, costs can come from the estate itself.

Judge Berkley decided that up until February 2023 it had been reasonable to investigate the 2013 will, so no order for costs would be made for that period. But from that point onwards, once the medical evidence was clear, the litigation became “hostile”. The claimant was ordered to pay the defendants’ costs from then on. A request for indemnity costs was rejected.

The judgment highlights the risks of pursuing probate disputes once expert evidence has settled the question of capacity. While the court recognised that early investigation was justified, it emphasised that continuing the fight after the position was clear would leave the losing party liable for costs.

In circumstances like these, if you’re concerned about the validity of a will, it might be helpful to consider mediation and other dispute resolution procedures to avoid the cost of going to court.

Please contact us if you would like more information about the issues raised in this article or any aspect of wills and probate.

24/10/2025

Lasting Powers of Attorney fees rise but they still provide huge benefits

The Ministry of Justice has announced that the fee for applying for a Lasting Power of Attorney (LPA) is to rise from £82 to £92. While any price increase is unwelcome, LPAs still represent excellent value for the security and peace of mind that they bring.

Lasting Powers of Attorney are legal documents that allow a trusted person to step in and make decisions on your behalf if you become unable to do so. They are widely seen as one of the most important measures people can put in place to protect themselves and their families against future uncertainty.

There are two types of LPA. A Property and Financial Affairs LPA covers decisions about money, property, and financial matters. This can include paying bills, managing bank accounts, or even selling a home. A Health and Welfare LPA, on the other hand, relates to personal matters such as medical treatment, care arrangements, and day-to-day welfare.

Crucially, an LPA must be set up while the person granting it – known as the donor – still has mental capacity. Once capacity is lost, it is too late. Without an LPA, relatives may be forced to apply to the Court of Protection for the right to act, a process which can be lengthy, costly, and stressful.

The benefits of having an LPA in place are significant. They ensure that if illness, accident or age prevents someone making their own choices, decisions can still be taken promptly by people they trust. This can avoid delays in accessing funds for care, or disputes over medical treatment. For families, it provides clarity and reduces conflict at what is often a difficult time.

When setting up an LPA it is important to get specialist legal advice. Mistakes or vague wording can lead to restrictions that limit how the document can be used. A solicitor can also advise on appointing replacement attorneys, adding preferences and instructions, and tailoring the LPA to the donor’s individual circumstances.

With more people living longer and conditions such as dementia becoming more common, the demand for LPAs has grown steadily in recent years. Seeking professional advice ensures the documents are robust and effective, giving donors confidence that their affairs will be managed properly, whatever the future brings.

Please contact us if you would like advice about setting up a Lasting Power of Attorney.

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23/10/2025

Tribunal orders £25,500 rent repayment over unlicensed flat

A landlord has been ordered to repay more than £25,500 to three tenants after letting a flat without the required licence.

The case concerned a flat in Bayswater in London. Three tenants applied for a rent repayment order (RRO) under section 41 of the Housing and Planning Act 2016.

They alleged that the landlords had committed an offence under section 72(1) of the Housing Act 2004 by controlling or managing a house in multiple occupation (HMO) without the necessary licence from Westminster City Council.

The tenants claimed a total of £36,489, representing the rent they had paid during the period of the offence.

The First-tier Tribunal (Property Chamber) found that the property was an HMO requiring a licence and that none had been obtained. It rejected the respondents’ argument that they were not the relevant landlords. The tribunal held that they were the parties who granted the tenancies and received the rent and therefore had responsibility for licensing.

The tribunal also dismissed claims that there was a reasonable excuse for the lack of a licence. It noted that responsibility rests squarely with landlords to ensure compliance before renting out a property.

Under section 44 of the 2016 Act, the tribunal considered the seriousness of the offence, the landlords’ conduct and any mitigating factors. Applying the statutory guidance, it concluded that a repayment at 70% of the rent paid was appropriate.

It therefore ordered the landlords to repay a total of £25,542 to be divided between the three tenants.

In addition, the tribunal ordered the landlords to pay £420 in tribunal fees.

The decision underlines that landlords cannot avoid liability by shifting responsibility for licensing, and that failure to obtain the correct HMO licence can result in substantial financial penalties. Rent repayment orders can reach up to 12 months of rent, and tribunals will apply significant reductions only where mitigating factors justify them.

Please contact us if you would like more information about the issues raised in this article or any aspect of commercial property law.

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04/09/2025

Daughter fails in High Court challenge to mother’s will

A woman has failed in her attempt to overturn her late mother’s will after the High Court ruled that the document was valid and properly reflected the testatrix’s wishes.

Background

Mary Barbara Wadge died in 2018 aged 85. Her 2008 will left most of her estate to her daughter Carolyne, a smaller portion to her son who has since died, and nothing to her other daughter, Vicky, although Vicky’s children did inherit a share.

Vicky, supported by her late brother’s estate, brought proceedings challenging the will. She alleged that her mother lacked the mental capacity to make a valid will, that Carolyne had exercised undue influence, and that Mary did not fully understand or approve the document she signed.

The law on testamentary capacity

The court applied the long-standing test that a person making a will must understand the nature and effect of the document, the extent of their property, and the claims they ought to consider. They must also be free of delusions that could influence their decisions.

Where a will has been duly executed and appears rational, the law presumes that the testator had capacity. That presumption can be displaced if challengers raise real doubt, but the burden then lies on the party seeking to uphold the will to prove capacity on the balance of probabilities.

Court’s findings

The judge found that, although Mrs Wadge had experienced some memory lapses before 2008 and was later diagnosed with dementia, there was no convincing evidence that she lacked capacity when she made the will. On the contrary, she gave coherent instructions at a bank meeting and appeared to understand what she was doing.

The court noted that a medical expert instructed in the case had concluded that Mrs Wadge lacked capacity, but the judge considered that opinion insufficiently reasoned and not supported by the broader evidence.

On the allegation of undue influence, the court held that Carolyne’s involvement in her mother’s affairs was consistent with providing care rather than coercion. The will was rational in its terms and Mrs Wadge was found to have known and approved its contents.

Outcome

The claim was dismissed and the 2008 will admitted to probate. The case confirms that mild cognitive difficulties or a later diagnosis of dementia will not necessarily invalidate a will if the evidence shows the testator understood what they were doing at the relevant time.

Please contact us if you would like more information about the issues raised in this article or any aspect of wills and probate.

27/08/2025

How ‘professional mortgages’ can help some home buyers

Certain professions are eligible for specialist mortgage deals that can allow buyers to borrow more and secure a home with lower deposits.

These “professional mortgages” are typically aimed at regulated or accredited careers such as doctors, teachers, accountants, architects and lawyers. These roles are often seen as stable and relatively well paid, so lenders are sometimes willing to advance up to six times a borrower’s income, compared with lower multiples on the wider market.

Some building societies focus entirely on a particular group. Teachers Building Society, for example, was established to help people in education and continues to offer products designed specifically for that sector. Mortgages can be available with deposits as low as 5%, and income multiples may be more generous for applicants at the start of their careers.

Mainstream and specialist lenders are also adapting criteria for wider groups. Kensington Mortgages provides enhanced affordability calculations for NHS staff, police officers, firefighters and teachers. This can include taking into account overtime and secondary sources of income when deciding how much someone is able to borrow.

For doctors and other healthcare professionals, lenders and advisers note that income can be complex, with locum work, on-call shifts and private practice earnings forming part of the picture. Specialist mortgage products are designed to reflect this complexity, ensuring that a fuller range of earnings is recognised when assessing affordability.

In some cases, professional borrowers may be able to access income multiples of 5.5× or more, with certain lenders stretching further for those in well-established careers. However, while these offers can increase the borrowing amount, the interest rates are not always lower. Some deals carry slightly higher rates than standard products, reflecting the more flexible criteria.

That makes it important for would-be borrowers to compare carefully. The right option will depend not only on how much can be borrowed but also on the long-term affordability and overall cost of the loan.

For teachers, doctors and other professionals, though, these tailored mortgages can make the difference between renting and buying, or between a smaller property and the home they really need.

What This Means for Buyers

• Greater borrowing power: Many professionals can access loans up to five or six times their income.
• Flexible affordability checks: Overtime, second income, and even minor credit issues may be taken into account.
• Sector-specific support: Offers like Kensington’s Hero Mortgage help those with unusual in-come patterns stay in place during tough times.

That said, interest rates and associated costs can vary, and not every borrower will qualify for the maximum multiples. Always compare options carefully and check long-term affordability to ensure the best fit for your situation.

Please contact us if you would like advice about the legal aspect of buying or selling a home.

07/08/2025

✨ We’re thrilled to share that we were finalists at the Apartment Adviser Awards in London!✨
The event took place at the stunning Intercontinental Park Lane, celebrating some of the UK’s most innovative and hardworking small and medium-sized businesses. To be recognised among such incredible talent and drive is an honour in itself.
A huge thank you to the organisers, judges, and everyone who supports our journey — this moment belongs to all of us. 🚀

06/08/2025

The hidden dangers families must watch out for with Wills and Probate

When a loved one dies, most families assume their final wishes will be respected.

But probate - the legal process of administering someone’s estate - can be full of unexpected traps. Even straightforward estates can become tangled in delays, disputes, and, increasingly, fraud.

A recent BBC investigation revealed how serious these risks can be. It exposed claims that criminal gangs have exploited weaknesses in the probate system to produce false wills, claim estates belonging to strangers, and steal millions of pounds.

In response, the government has taken the Bona Vacantia list offline - a publicly available register of estates with no known heirs.

The term bona vacantia means "ownerless goods." In practice, it refers to the estates of people who die without a will or surviving relatives. These estates are often claimed by the Crown, but fraudsters have used the published list as a starting point to forge documents and submit fake probate claims.

In one case, a man submitted a will naming himself sole heir to an estate with which he had no known connection. Despite glaring irregularities - like a fictional address and misspelled location - officials told the real relatives they’d need to bring a civil case to challenge it.

While these more elaborate scams make headlines, most problems encountered by families are more mundane but no less damaging. Here are the most common pitfalls:

Undue Influence and Last-Minute Wills

One of the most frequent causes of family disputes is a sudden change to a will, often made shortly before death. A vulnerable person may be persuaded - sometimes subtly, sometimes not - to rewrite their will in favour of a particular relative, friend, or carer.

These changes are often hard to challenge, even when suspicions are well-founded, and can leave long-standing family members unexpectedly excluded.

Missing or Outdated Wills

If no valid will can be found, the estate is distributed under the rules of intestacy, which follow a strict legal hierarchy. Unmarried partners and stepchildren are not included.

Problems also arise when an old will fails to reflect changes in family structure, such as remarriage or estrangement, or when multiple versions exist and it’s unclear which one is valid.

Inheritance Disputes Between Relatives

Even with a clear will, disputes can arise over sentimental items, unequal shares, or concerns about how the estate is being handled by the executor.

These disagreements can escalate quickly, especially if one person feels excluded or mistrusts how another is managing the estate. In some cases, executors misuse funds or delay the process unnecessarily.

Executor Misconduct or Negligence

Appointing the wrong person as executor can cause years of stress. Common problems include failing to communicate with beneficiaries, mishandling money, or taking unreasonable fees.

Executors also carry legal responsibilities, and mistakes - whether deliberate or not - can cause losses that are difficult to recover.

Heir Hunter Pressure

In intestacy cases, families are sometimes contacted by ‘heir-finding’ firms offering to help secure an inheritance. While many are legitimate, some charge excessive fees or pressure relatives into signing away a large share of the estate.

In rare cases, they may attempt to block access to official documents until fees are agreed.

What Families Can Do

Grieving families are often unsure when to seek legal advice but waiting too long can make matters worse. If there are any signs of inappropriate behaviour, such as a new will that seems out of character, secrecy around estate documents, or unexpected beneficiaries, it’s important to speak to a wills and probate solicitor straight away.

Even a brief consultation can help determine whether there are genuine concerns - and whether action needs to be taken before the estate is distributed or lost entirely.

In a system that’s increasingly digital and, in some cases, open to abuse, vigilance has never been more important.

Please contact us if you have any concerns or would like more information about matters relating to wills and probate.

30/07/2025

Most landlords ‘unaware they’re legally required to have an EPC

A new report by The Mortgage Works reveals a striking lack of awareness among UK landlords about energy efficiency rules - with 62% unaware that having an Energy Performance Certificate (EPC) is a legal requirement for rental properties.

This widespread knowledge gap could undermine the government’s ambition to make the rental sector greener, with new minimum energy standards due to take effect in the coming years.

An EPC is a document that rates the energy efficiency of a property from A (most efficient) to G (least efficient) and includes recommendations for improvements.

Under current rules, landlords in England and Wales must ensure their properties meet at least an EPC-E rating, and proposals under government consultation could raise that to EPC-C for all rentals by 2030.

However, The Mortgage Works’ survey of 1,000 landlords shows that only 33% knew about the proposed EPC-C requirement, and 73% were unaware of when the changes are due. Many may take no action until it's too late.

This lack of understanding is already shaping landlord behaviour. While 45% of landlords with poorly rated properties say they plan to improve them, 28% plan to sell instead. Over half say they won’t act until the regulations become law.

The research also highlights the need for clearer guidance and support:

• 55% would value help in identifying cost-effective energy upgrades.
• 50% want clearer signposting to grants and finance options.
• 63% don’t know how much upgrades might cost.

The Mortgage Works is urging the government to introduce changes gradually and to support landlords with more time, better guidance, and a more flexible approach to improvement costs.

Dan Clinton, Head of Buy to Let at The Mortgage Works, said: “Our research shows limited landlord awareness with some looking to exit the market. Improving energy efficiency is important, but the significant logistical and financial challenges of upgrading 2.5 million properties must be acknowledged.

“Landlords need clear guidance, adequate support, and sufficient time to make their properties greener.”

Please contact us if you would like advice about meeting your legal obligations as a landlord.

10/07/2025

We’re thrilled to share that Nazmin was a finalists for “Business Owner/Entrepreneur of the Year” at the Wandsworth Chamber of Commerce Annual Awards — and even more proud to have been awarded Highly Commended among the finalists!

It was a night full of glitz, glam, and incredible local businesses, and our team was honoured to be part of it and happy that our friends and fmaily got to support and enjoy the night with us.

For our founder Nazmin, this moment was especially meaningful. Having struggled with imposter syndrome for years, she never imagined she’d feel confident enough to enter such an award — let alone come runner-up. To be recognised in this way is a huge personal and professional milestone.

While we didn’t take home the top award, we’re walking away with something even more valuable: pride in how far we’ve come, and excitement for what’s ahead.

Huge congratulations to the winner and to all the amazing finalists — what a night!

Please reach out to us if you need any assistance on Conveyancing, Litigation, Wills and Probate or Commercial matters.

25/03/2025

We are proud to announce that we have been shortlisted for Business Owner/Entrepreneur of the year award! It is such an honour to be recognised! Here is to many more years of helping the Wandsworth community!

Please contact us at [email protected] or call us at 02088799400 if you need legal help today!

25/02/2025

You have heard it here from Martin Lewis himself!

It is incredibly important to have Power of Attorneys done, the earlier the better, you do not know what tomorrow holds.

We are here to help, please contact us at [email protected], or call us on 02088799400

10/02/2025

Lease Extension Update – No More 2-Year Ownership Rule!

Great news for leaseholders! You no longer need to wait 2 years to extend your lease. Under recent legal changes, you can apply for a statutory lease extension as soon as you own the property.

There are two main ways to extend your lease in England and Wales:
1. Statutory Lease Extension (Leasehold Reform, Housing and Urban Development Act 1993)
This is the most secure and cost-effective way to extend your lease. The key features include:
- Eligibility – Previously, leaseholders needed to have owned the property for at least two years. However, under the latest reforms from 31 January 2025 this restriction has been removed. Now, leaseholders can apply as soon as they own the property.
- Additional Years – You are entitled to an additional 90 years on top of the remaining lease term.
- Ground Rent Reduction – The ground rent is reduced to zero (peppercorn rent).
- Valuation – The cost of extension is determined using a statutory formula.
2. Informal (Voluntary) Lease Extension
Alternatively, leaseholders can negotiate directly with their freeholder for an extension. The benefits include: More flexibility in lease terms; Potentially faster process compared to the statutory route; Possible lower legal and valuation fees.
However, an informal extension does not guarantee the same protections as a statutory lease extension. For example, the freeholder may propose an increase in ground rent or less favourable terms. Some freeholders do not engage in voluntary lease extensions.

Why Act Now?
With the recent changes allowing leaseholders to extend their lease immediately after purchase, now is an excellent time to secure your property's future. Extending your lease early can save you money, increase your property’s marketability, and give you peace of mind.

If you’re considering a lease extension, contact NC Law today. Our specialist solicitors can guide you through the process, ensuring you secure the best possible terms.

email: [email protected]
tel.: 02088799400