Latest news with #BTTJ
Yahoo
3 days ago
- Business
- Yahoo
Cohabiting couples in Worcestershire issued legal warning
COUPLES living together in Worcestershire have been warned about the legal differences between cohabiting and being married. Kate Booth, solicitor and head of family and matrimonial at Brindley Twist Tafft & James (BTTJ), issued the caution as marriage rates in the UK continue to fall. The number of marriages has dropped by 20.8 per cent between 1992 and 2022, with a considerable 61 per cent decrease in 2020 due to the COVID-19 pandemic. The Office for National Statistics data also shows that the proportion of adults married or in a civil partnership has fallen below 50 per cent for the first time in England and Wales. Mrs Booth said: "Covid was clearly a massive factor with many weddings in 2020 and beyond postponed or cancelled. "But there has been a growing acceptance of cohabitation, and other forms of partnership, leading some couples to choose not to marry." She added that economic instability and the costs of getting married had also contributed to the decline in couples getting married. "However, it is vitally important that cohabiting couples understand their rights and entitlements – which can be precious few," she said. Mrs Booth pointed out that couples who buy properties together may not have both names on the Land Registry if they originally moved into one partner's home. She also warned that couples who have a religion-only ceremony, with no official civil ceremony, may be considered as simply cohabiting in the eyes of the law. For those who opt for glamorous weddings in far-off settings, she said that their marriages could well be recognised in UK law if a formal, legal marriage ceremony took place in the chosen country. If couples decide to separate and divorce, she said, it raises considerable issues where there was no formal marriage ceremony. Mrs Booth said: "Some people opt for quick online divorces, but this does not address financial issues or questions over the arrangements for children, for example." She advised couples who choose to live together rather than formally marry to consider jointly signing a cohabitation agreement from the outset.
Leader Live
5 days ago
- Business
- Leader Live
New owner for the Crown Inn pub in Caergwrle
Businessman Robert Venn approached law firm Brindley Twist Tafft & James (BTTJ) when he was in the process of preparing to buy The Crown Inn on the High Street in Caergwrle. Alex Khan, managing partner at Midlands firm BTTJ and an expert in commercial property law, explained Coventry-based Mr Venn's initial request was for assistance with conveyancing on his property, as he was in the process of extending the lease to make it more attractive for sale. Read more: Australian bar saved after being transformed into Wrexham AFC fan dream But as the same time he mentioned the potential of selling his home and buying the pub in Wales, and so Mr Khan explained the complexity of the process, what steps were needed, and in what order. Mr Khan said: "We are delighted Mr Venn is now the new owner of The Crown Inn. "He needed initial expert advice regarding negotiating terms and finalisation of the lease extension on his property. "Once this was completed, he was able to sell his flat for a higher price, as the buyer saw the extended lease as better security. Read more: Three 'unforgettable' seaside pubs in North Wales named among the UK's best "Mr Venn was then able to combine the funds raised from his residential property sale with a commercial loan that enabled his purchase of the pub. "As ever with these investment projects, there were various twists and turns along the way, and we were happy to help guide Mr Venn through what developed into a complex legal and taxation process." The freehold interest in The Crown Inn had been marketed by property agency Sydney Phillips at an asking price of £230,000 - although the final purchase price has not been disclosed. The traditional pub is an end-terraced property with a bar, lounge and seating for 65, a split-level beer garden, and five-bedroomed owner's accommodation above. Read more: Kat hopes to blend wellbeing and business with Flintshire smoothie bar Mr Venn said: "I am thrilled to be the new owner of The Crown Inn and look forward to the venue serving the community in Caergwrle with a warm welcome for many years to come. "The advice I received from Alex at BTTJ was truly excellent. He helped guide me from the inception of an idea through to completion of a pub purchase, with an assured calm that I doubt could be rivalled. "Also, because I was purchasing the pub as a going concern, there were various complexities involving the transfer of the business and VAT issues, a stumbling point for other experts involved, but all expertly handled by Alex. "The process was lengthy and complex, but thanks to BTTJ I have now achieved my ambition of owning the pub."
Yahoo
21-05-2025
- Health
- Yahoo
I have power of attorney, now what?
Taking on the role of power of attorney for a loved one can be tough – if you need to act on their behalf it will mean that person no longer has the capacity to make decisions for themselves. But by understanding your role and responsibilities, you can at least make things a little easier for all parties. Helen Strong, lead solicitor in the private client department at law firm BTTJ, said: 'A lasting power of attorney (LPA) is a legal document that allows a person to appoint someone, an 'attorney', to make decisions on their behalf if they become unable to do so.' One or more trusted persons, such as family members or friends, can be nominated. An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. This can be done at any time. Here, Telegraph Money explains what you need to do after taking on the responsibility of power of attorney. Responsibilities as an attorney Health and welfare power of attorney Property and financial affairs power of attorney Who to notify that you are an attorney How long power of attorney lasts. Should you need to act on behalf of the donor – that is, the person who appointed you as their attorney – there are a number of responsibilities you'll be taking on. These include: Being able to demonstrate that the donor consents to you acting on their behalf. Making choices about the donor's healthcare arrangements, or staying on top of their day-to-day finances. Stepping in if the donor is at risk of being a victim of scammers. Taking action if you need to use the donor's assets to help pay for their care. The most important thing you must keep in mind as an attorney is your duty to protect the wishes of the donor throughout their lifetime. Heledd Wyn, a TEP (trust and estate practitioner) and partner at Rothley Law, said: 'You have to act in the best interests of the person who has appointed you. You must also have regard for the Mental Capacity Act 2005.' You can read more about what's involved in being an attorney at Ms Wyn added: 'It is important people understand their responsibilities as attorneys, and that they keep records of transactions, such as everything they have spent money on – and why.' Your responsibilities may vary depending on which type of LPA you have been granted – there are two, and you may have been appointed to cover both. This type of LPA enables an attorney to make decisions about health, personal and medical matters. It can be very wide-ranging: It covers aspects of day-to-day life, such as where a patient lives, what they eat, how they dress and who can visit them. It can cover decisions about their medical treatment, dental and optical care. It can even include matters of life and death, such as issuing 'do not resuscitate' orders. Ms Strong said: 'Anyone taking out a health and welfare LPA can decide to give their attorneys the power to consent or refuse 'life-sustaining' medical treatment.' Note that this LPA only takes effect once the donor has lost mental capacity or cannot express their own wishes and feelings. It must be correctly registered with the OPG before an attorney can use it. This type of LPA allows an attorney to make a range of decisions about the donor's finances. This might include: Managing bank accounts. Paying bills. Collecting their pension. Buying and selling property, or renting it. Making investment decisions. Unlike a health and welfare LPA, this type can be used, or 'triggered', as soon as it's registered, provided the donor has given their permission. This is the case even if the donor still has capacity. Ms Strong said: 'A property and financial affairs LPA can either be used immediately – or when the donor no longer has the ability to make financial decisions.' It is down to the donor to specify this. If the LPA is being used to make decisions about the donor's finances or property, you may want to notify certain relevant parties, such as: The donor's bank. Their mortgage provider. Their landlord. If you're using the LPA when making choices about the donor's health and welfare, you may need to notify: The individual's friends and family. Their doctor and other health-care staff. Their care workers, social workers or other social-care staff. Once an LPA has been registered with the OPG, it then lasts indefinitely, unless one of the following happens: The donor dies. The donor chooses to revoke it (they must still have mental capacity at this time). The attorney becomes incapable (if they lose mental capacity, pass away or choose to no longer act on behalf of the donor). Assuming none of these things happen, a person's LPA will continue to operate, with you, as the appointed attorney, making decisions as required. Ms Wyn said: 'An LPA usually lasts until the donor passes away or revokes it. If the attorney dies before them – and there are no replacements named – the donor must inform the OPG.' The donor must then choose someone else to be an attorney, providing they have the capacity to do so. This will mean setting up a new LPA. Ms Wyn added: 'The donor can also decide to revoke their LPA if they change their mind for any reason. Further, the OPG may cancel an LPA if someone has mis-used it.' This last point highlights just how important it is to choose the right attorney who can be trusted to make good decisions. Sarah Coles, head of personal finance at Hargreaves Lansdown, said: 'Be sure to choose someone you trust to make decisions for you, as these individuals will be the ones who have to step in if you eventually lack the mental capacity to make choices yourself.' Broaden your horizons with award-winning British journalism. Try The Telegraph free for 1 month with unlimited access to our award-winning website, exclusive app, money-saving offers and more.
Telegraph
21-05-2025
- Business
- Telegraph
I have power of attorney, now what?
Taking on the role of power of attorney for a loved one can be tough – if you need to act on their behalf it will mean that person no longer has the capacity to make decisions for themselves. But by understanding your role and responsibilities, you can at least make things a little easier for all parties. Helen Strong, lead solicitor in the private client department at law firm BTTJ, said: 'A lasting power of attorney (LPA) is a legal document that allows a person to appoint someone, an 'attorney', to make decisions on their behalf if they become unable to do so.' One or more trusted persons, such as family members or friends, can be nominated. An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. This can be done at any time. Here, Telegraph Money explains what you need to do after taking on the responsibility of power of attorney. Responsibilities as an attorney Should you need to act on behalf of the donor – that is, the person who appointed you as their attorney – there are a number of responsibilities you'll be taking on. These include: Being able to demonstrate that the donor consents to you acting on their behalf. Making choices about the donor's healthcare arrangements, or staying on top of their day-to-day finances. Stepping in if the donor is at risk of being a victim of scammers. Taking action if you need to use the donor's assets to help pay for their care. The most important thing you must keep in mind as an attorney is your duty to protect the wishes of the donor throughout their lifetime. Heledd Wyn, a TEP (trust and estate practitioner) and partner at Rothley Law, said: 'You have to act in the best interests of the person who has appointed you. You must also have regard for the Mental Capacity Act 2005.' You can read more about what's involved in being an attorney at Ms Wyn added: 'It is important people understand their responsibilities as attorneys, and that they keep records of transactions, such as everything they have spent money on – and why.' Your responsibilities may vary depending on which type of LPA you have been granted – there are two, and you may have been appointed to cover both. Health and welfare power of attorney This type of LPA enables an attorney to make decisions about health, personal and medical matters. It can be very wide-ranging: It covers aspects of day-to-day life, such as where a patient lives, what they eat, how they dress and who can visit them. It can cover decisions about their medical treatment, dental and optical care. It can even include matters of life and death, such as issuing 'do not resuscitate' orders. Ms Strong said: 'Anyone taking out a health and welfare LPA can decide to give their attorneys the power to consent or refuse 'life-sustaining' medical treatment.' Note that this LPA only takes effect once the donor has lost mental capacity or cannot express their own wishes and feelings. It must be correctly registered with the OPG before an attorney can use it. Property and financial affairs power of attorney This type of LPA allows an attorney to make a range of decisions about the donor's finances. This might include: Managing bank accounts. Paying bills. Collecting their pension. Buying and selling property, or renting it. Making investment decisions. Unlike a health and welfare LPA, this type can be used, or 'triggered', as soon as it's registered, provided the donor has given their permission. This is the case even if the donor still has capacity. Ms Strong said: 'A property and financial affairs LPA can either be used immediately – or when the donor no longer has the ability to make financial decisions.' It is down to the donor to specify this. Who to notify that you are an attorney If the LPA is being used to make decisions about the donor's finances or property, you may want to notify certain relevant parties, such as: The donor's bank. Their mortgage provider. Their landlord. If you're using the LPA when making choices about the donor's health and welfare, you may need to notify: The individual's friends and family. Their doctor and other health-care staff. Their care workers, social workers or other social-care staff. How long power of attorney lasts Once an LPA has been registered with the OPG, it then lasts indefinitely, unless one of the following happens: The donor dies. The donor chooses to revoke it (they must still have mental capacity at this time). The attorney becomes incapable (if they lose mental capacity, pass away or choose to no longer act on behalf of the donor). Assuming none of these things happen, a person's LPA will continue to operate, with you, as the appointed attorney, making decisions as required. Ms Wyn said: 'An LPA usually lasts until the donor passes away or revokes it. If the attorney dies before them – and there are no replacements named – the donor must inform the OPG.' The donor must then choose someone else to be an attorney, providing they have the capacity to do so. This will mean setting up a new LPA. Ms Wyn added: 'The donor can also decide to revoke their LPA if they change their mind for any reason. Further, the OPG may cancel an LPA if someone has mis-used it.' This last point highlights just how important it is to choose the right attorney who can be trusted to make good decisions.
