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    Archived pages: 459 . Archive date: 2014-10.

  • Title: Middleton & Upsall
    Descriptive info: .. Warminster.. 01985 214444.. Westbury.. 01373 865577.. Solicitors in Warminster and Westbury Wiltshire offering specialist legal services to individuals and businesses.. Home.. About Us.. Our People.. Legal Services.. Business Employment Law.. Commercial Property.. Dispute Resolution.. Family Matters.. Personal Injury.. Buying and Selling a Home.. Wills Probate.. Testimonials.. Blog/News.. Contact Us.. Residential Property.. Frustrated with call centres? Our Property Team value good communication and direct contact.. more.. Is your transaction time critical and complicated? Require sophisticated yet straight forward advice?.. When did you last review your Will? If you haven’t made a Will you should consider doing so.. Has there been a death in the family? Do you know what you should do?.. Whether before, during or at the end of a relationship, legal advice is important.. Involved in a dispute? Do you want to litigate or mediate? What is the best solution?.. Sooner or later we all suffer an accident.. The question is are you able to make a compensation claim?.. Do you need contracts of employment for your staff?.. Notarial Services.. Do you have a document that needs to go overseas? It will probably need to be notarised.. Have a Legal Question?.. Name.. Email.. Ask your question here.. Get In Touch.. solicitors@mulaw.. co.. uk.. Latest Blog/News Post.. How do I deal with access arrangements with an ex-partner?.. Trying to come to terms with the breakdown of your relationship is always difficult, but this becomes even more complex where there are children involved.. When you have to take into account your emotions and feelings about your ex-partner, especially if the breakdown was acrimonious, it can be very hard to be reasonable about access to the children.. This can be particularly difficult if your ex-partner is in a new relationship as this may cloud  ...   important issues.. You should consider the ages of your children, whether they are old enough to have a say in the arrangements and how to ensure that they continue to have access to their wider family, school friends and after school clubs and activities.. It will help to look at the practical side of the arrangements such as work commitments, travel times to school and sleeping arrangements in the house as this may help to clarify what may or may not work at certain times during the week.. Once you have agreed a way to move forward, you should make a record of what you have discussed so that both you and your ex-partner are clear about the future.. This is not legally binding though and if your arrangements are not working out, either of you could decide to seek a formal child arrangement order which is decided in court.. If you and your partner cannot come to an arrangement, you should seek legal advice about what the next steps should be to finalise your contact arrangements as soon as possible.. For more information about this article or any aspect of our family law services, please call Charles Goodbody on 01985 214444, or email cgoodbody@mulaw.. uk and we will be delighted to help you (there is no charge for initial telephone discussions).. Testimonial.. ' I would like to thank Mrs Joanne Ayrton for her excellent service.. I felt confident with her handling of my conveyance and would certainly recommend her to friends'.. B Dawes.. Connect With Us.. Middleton Upsall 2012-2014.. Company Number: OC308993.. Middleton Upsall is a Limited Liability Partnership registered in England and Wales and is authorised and regulated by the.. Solicitors Regulation Authority.. Terms Conditions.. Another Wordpress Site by LA Marketing Design..

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  • Title: Our People « Middleton & Upsall
    Descriptive info: Stephanie White.. Practice Manager.. swhite@mulaw.. 01985214444.. Stephanie is a graduate in French and Italian, joining Middleton and Upsall in 2002, and is responsible for the day to day smooth running of the firm as well as overseeing the Accounts Dept and contributing to the business strategy.. Stephanie has many years experience of Law Society Regulations as well as Lexcel requirements and the Solicitors Accounts Rules.. Newly appointed Compliance Officer for Finance and Administration for the firm as well as being responsible for HR; recruitment; Marketing and Payroll.. Charles Goodbody.. Partner.. cgoodbody@mulaw.. Charles specialises in:.. Relationships and Private Family Law.. Collaborative Family Law.. Family Mediation.. Elderly Client Affairs including Lasting Powers of Attorney.. Wills and Probate.. Private Company, Partnership and Business issues.. Charles is a member of Resolution First for Family Law and the Law Society Family Law Panel.. He is a Resolution trained Collaborative Family Lawyer and is a member of the International Academy of Collaborative Professionals.. He is also a trained Family Mediator and a member of ADRg.. Chris Jolly.. cjolly@mulaw.. Chris Jolly has been practising for 30 years, gaining a wealth of practical experience to add to his already advanced legal knowledge.. He has always practised in the contentious field of Civil Commercial Litigation, continually building on the successes obtained for his clients.. He is one of a minority of Solicitors who hold the qualification of “Solicitor Advocate (civil)” enabling him to appear in the Higher Civil Courts as an Advocate; and he often appears in Court conducting trials in both the County Court and the High Court.. As an experienced Advocate, he fully understands what needs to be “at your fingertips” so as to present a successful case in Court, and that knowledge transcends through his skilled preparation of a case in it’s early stages.. His tactics and strategic advice are instinctive and innovative.. However, his real strength is in his unnerving ability to forcefully put clients’ cases using his self developed “best points plan” coupled with a strategy to ensure a successful outcome.. He is a skilled negotiator, and has conducted many Mediations on behalf of clients; but  ...   is highly skilled in bringing matters to a fast and satisfactory conclusion for her clients.. With her experience gained in the legal department of a well-known national housebuilding company, as well as many years in private practice, Sandra is well-placed to deal with all aspects of Residential Conveyancing.. Clients value her straightforward, approachable style and ability to take them through an often stressful process in a calm, clear and efficient manner.. Ian Rhodes.. irhodes@mulaw.. Michelle Stopford.. Solicitor.. mstopford@mulaw.. Michelle has been a solicitor since 1989, and having initially qualified in the Corporate / Commercial and Property field, she now specialises in:.. Probate and the Administration of Estates.. Wills.. Powers of Attorney and Court of Protection applications.. Trusts.. Sarah Gratton.. sgratton@mulaw.. Sarah qualified as a Solicitor in 1989 having trained in Bath where she grew up, and after working in London for some time, then ran her own firm for many years before joining Middleton and Upsall LLP in February 2013.. Sarah is based in the Warminster office.. Sarah has a background in Commercial Property and Private Client work and specialises at Middleton and Upsall LLP in.. Residential and Commercial Property.. Probate and Estate administration.. Lasting Powers of Attorney and Court of Protection applications.. Affairs of the Elderly.. Jenny McKellar.. jmckellar@mulaw.. Jenny Mckellar is a Legal Executive and works within the Civil Litigation Department of Middleton and Upsall LLP.. Jenny Specialises in:.. Personal Injury work including.. Road Traffic Accidents.. Employer Liability.. Occupiers’ Liability.. Public Liability.. Claims involving animals.. Civil Disputes including Professional Negligence.. Boundary Disputes.. Contentious Probate Claims.. Having worked in this field for 18 years, Jenny draws on her experience to achieve the best results on behalf of the Client at all times.. Jenny is a Fellow of the Institute of Legal Executives and a member of APIL.. Everything went very smoothly with the move and I wanted to thank you very much for your help, I have found working with you very easy and you always got back to me straight away whenever I have had questions.. Ian highly recommended you and I can see why.. Thanks again.. Samantha Moxham, Westbury..

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  • Title: Legal Services « Middleton & Upsall
    Descriptive info: Employment Law..

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  • Title: Business & Employment Law « Middleton & Upsall
    Descriptive info: Business Employment Law Services.. Business Sales Acquisitions.. Employment Issues.. Partnerships.. Private Ltd Company Matters.. Older Entries.. Sacked employees win race claim against care home.. August 20th, 2014.. A care home has lost its appeal against a race discrimination claim made by two of its dismissed employees.. The case involved a number of staff including an African care worker, an Asian deputy manager and a senior manager, who was white.. The dismissals followed the inappropriate administration of medication to a patient in the care home.. The home’s regulations stated that a supervisory document had to be signed by a doctor before a patient’s medication was changed, and had to be checked each time before staff could administer treatment.. On one occasion, the document for one of the patients went missing.. The deputy manager, who was Asian, volunteered to sort out the relevant documentation, even though it was strictly the responsibility of the manager.. The following day, the African care worker, administered medicine to the patient even though the document had still not been obtained.. The manager witnessed the treatment, and the deputy manager signed it off.. The care home launched an investigation which resulted in the dismissal of both the Asian deputy manager and the African care worker.. The white manager received a six-month warning.. The two dismissed staff members sued the care home for racial discrimination.. They didn’t dispute that their actions could be considered “gross misconduct” and therefore a sackable offence.. However, they said the manager had been let off with a far more lenient punishment, when she was effectively just as guilty and was the more senior member of staff.. The tribunal found in favour of the dismissed workers.. The Employment Appeal Tribunal has now upheld the decision.. It stated that the tribunal had been entitled to find that the difference in treatment given to the manager had not been adequately explained.. Any mitigating circumstances in the manager s case were  ...   be able to protect their intellectual property rights more effectively across Europe and the rest of the world as new legislation comes into effect.. Man compensated for dismissal following homophobic abuse.. June 17th, 2014.. A man has been awarded £45,000 compensation after claiming he had been unfairly dismissed for confronting a colleague who had repeatedly subjected him to homophobic abuse.. Government help for women starting and growing businesses.. June 10th, 2014.. Female entrepreneurs are being helped to grow their businesses by a new set of government schemes.. The measures are part of the Small Business: GREAT Ambition campaign which aims to help small businesses survive and thrive as the economy continues to recover.. Should I Expect Equal Pay From My Employer?.. May 23rd, 2014.. When you work for an employer you would expect that someone who is doing the same job as you would be paid the same.. However, sometimes that is not the case.. Recently, 18 men won an equal pay case against their employer, the University of Wales Trinity Saint David.. Several employment law changes now coming into.. May 6th, 2014.. Several new employment regulations affecting businesses and their employees have come into force in April and May.. This is a brief summary of the main points:.. Late payments lead to more insurance claims than insolvency.. April 30th, 2014.. Late payments now lead to more credit insurance claims than insolvency, according to a recent survey.. In the first three quarters of 2013, 60% of claims were made because of a customer’s protracted default, with 40% because of customer insolvency.. Coach firm wins competition claim against airport.. April 14th, 2014.. A coach firm has won a competition claim against an airport which abused its dominant position in the market for its own financial gain.. The coach firm had operated a transport service between the airport and London Victoria for 30 years.. When the contract ran out the airport operator conducted a ‘tender’ process..

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  • Title: Commercial Property « Middleton & Upsall
    Descriptive info: Please contact:.. The Commercial Property team at Middleton Upsall LLP is here to deal with all your legal commercial needs, offering high quality advice for a variety of Clients.. We handle all types of transactions from complex high value deals to the straightforward assignment of a lease, where our aim is to offer imaginative, cost-effective solutions to our Clients’ legal issues.. We have a strong reputation in this field that our clients and fellow professionals appreciate, and undertake the following commercial property services:.. Auction sales and purchases.. Business acquisition.. Granting and Assignment of Leases.. Option Agreements.. Refinancing.. Residential Development Sites.. Sales and Acquisitions of Commercial Sites.. Some complex transactions require multi-disciplinary input.. Middleton Upsall LLP, as a multi disciplinary Practice, is well placed to offer wide ranging advice to our Business clients in such circumstances.. Are You Properly Insured As A Landlord?.. June 25th, 2014.. With many people using buy to let property as a positive way to get their savings earning money for them, just what are the risks you face as a landlord? You may fall into being a landlord, particularly if you inherit a house from a parent when they die, but you may not be aware of the kinds of situations which could arise and may expose you to risk.. How Is Commercial Property Performing in 2014?.. May 19th, 2014.. Whilst the doom and gloom of the recession may have put many investors off commercial property, there do seem to be glimmers of hope within the commercial property market and the figures  ...   despite property improvements.. December 20th, 2013.. A landlord has lost his appeal to increase the rent on a property which had benefited from substantial improvements over two years.. Model agreement to set out rights of tenants and landlords.. November 25th, 2013.. The government is introducing new measures to encourage longer term tenancies and improve standards in the private rented sector.. Advertising watchdog sets deadline for agents and landlords.. October 31st, 2013.. The Advertising Standards Agency (ASA) has set a deadline of 1 November for letting agents and landlords to ensure they clearly display information about non-optional fees in their ads for rental properties.. ASA says non-optional fees such as admin fees, charges for inventories and reference checks can create significant costs for tenants.. The changes mean that agents and landlords must now ensure that non-optional fe.. Government concerned about court ruling on tenancy deposits.. September 20th, 2013.. The Government says it is urgently exploring whether new legislation is needed following a controversial Appeal Court ruling which affects tenancy deposit protection (TDP).. Landlord’s mistake over rollover tenancy proves costly.. July 30th, 2013.. A recent case before the Court of Appeal highlights the need for landlords to ensure that they have protected deposits from former fixed term tenants who went on to acquire statutory periodic tenancies.. Letting agents to be regulated to protect tenants and landlords.. July 8th, 2013.. Letting agents are to be regulated to protect both tenants and landlords against unfair practices.. Housing Minister Mark Prisk has promised legislation that will raise standards across the industry..

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  • Title: Dispute Resolution « Middleton & Upsall
    Descriptive info: The firm s specialist fields are:.. Contract Building disputes.. Employment claims.. Inheritance issues – challenging Wills – claims against Estates.. Injunctions.. Landlord Tenant.. Mediation.. Personal Injury and other Negligence Claims.. Professional Negligence, including Solicitors, Surveyors/Valuers, Accountants and some Clinical areas.. Property disputes – ownership – boundaries – trespass occupiers liability.. Middleton Upsall LLP is able to offer a range of funding alternatives, including (subject to a risk assessment) “no win – no fee arrangements”.. The Most Common Types of Consumer Claims.. August 5th, 2014.. Deciding to hire a workman or to change suppliers for your telephone, broadband or utilities is often a difficult decision to make.. You might have concerns over whether a deal is too good to be true or perhaps over the quality of the work which you might receive from a supplier.. Once you have received the service, what should you do if it goes wrong?.. Whatever your complaint, there will be guidance about what your legal rights are in the circumstances and how you can attempt to resolve the dispute.. Some of the more common consumer disputes are:.. • Poor quality of work or service.. • Negligence by the service provider causing you to suffer an injury or your property being damaged or stolen whilst in the care of the service provider.. • Changing your mind about a product or service you have purchased.. • The costs of the work escalating above the agreed amount.. • The work not being completed within a reasonable time period.. • The service provider stopped trading before completing your job.. Your rights as a consumer will alter depending on your situation and it is important to recognise that your rights are not the same across the board and to seek advice from a specialist solicitor who can help.. If you have experienced poor quality work, for example at the hairdresser having your hair dyed, or whilst having a repair done or work completed on your house, you have the right to expect that this service is provided with reasonable care and skill under the Supply of Goods and Services Act 1982.. Where this has not been the case, you have the automatic right to request that the work is put right or to obtain some money back for the service.. Where you have decided to purchase a service or product and then  ...   865577, or email cjolly@mulaw.. Confidence In The Economy Keeps On Growing.. June 23rd, 2014.. Most of us tentatively feel that we are emerging from the other side of the worst recession in many years.. With the number of jobs on the rise and industries showing growth again, many economists feel that the pain has passed and the British economy is on the rise again.. Do I Need A Solicitor For A Commercial Dispute.. May 28th, 2014.. With the news that commercial disputes are on the rise as a result of the recession, what should you do if you are facing a commercial dispute and should you engage the services of a solicitor to help you?.. Should An Accountant Be Liable For Failed Tax Avoidance Schemes For Clients?.. April 16th, 2014.. Tax avoidance is a hot topic in the UK with the Starbucks, Amazon and Google’s tax affairs presenting challenges for the economy here in the UK.. The Court of Appeal recently overturned a decision which made an accountant liable for a failed tax avoidance scheme he set up for a client.. Installation firm wins case against negligent surveyors.. February 19th, 2014.. An installation company has won compensation from a firm of surveyors who were negligent when assessing the suitability of properties for cavity wall insulation.. Frequently Asked Questions In Commercial Disputes.. February 16th, 2014.. Commercial disputes can be draining financially and can have a negative impact on your business so it is in your best interests to try to resolve any dispute as quickly as possible.. Council must compensate homeowner for tree root damage.. December 13th, 2013.. A decision that a council should compensate a homeowner for subsidence damage caused by tree roots has been upheld by the Court of Appeal.. Register will show who really owns and controls UK companies.. December 12th, 2013.. The government is to press ahead with plans for greater business transparency by creating a public register of who really owns and controls UK companies.. Driver compensated for ‘golliwog’ comments aimed at colleague.. October 7th, 2013.. A black driver has been awarded £27,000 compensation after he became upset at hearing a colleague being called racist nicknames.. Homeowner compensated for neighbour’s tree root damage.. October 4th, 2013.. A homeowner has been awarded compensation for damage caused to his property by the roots of a hedge belonging to his neighbour..

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  • Title: Family Matters « Middleton & Upsall
    Descriptive info: Family Matters Services.. Children.. Cohabitation Issues.. Collaborative Agreements.. Divorce and Separation.. Domestic Violence and Injunctions.. Financial Resolutions.. Inheritance and Wills.. Pre-marriage Agreements.. covers a number of difference areas.. On the left here you will see a list of the different areas we cover each one is a link to find out more information, or if in doubt, please call us and we ll be happy to help.. Our private family law team is experienced in dealing with the consequences of the breakdown of relationships in a sensitive, constructive and cost effective way.. We recognise the emotional and traumatic effect of separation and divorce and that decisions which have to be made at that time may affect the rest of your life.. October 6th, 2014.. What Do I Need To Know About Divorce?.. August 11th, 2014.. Making the very difficult decision to get a divorce from your spouse is one which will take time.. It is crucial therefore that you know where you stand and what your rights are before you make any firm decisions and to learn as much about the process as possible.. 1.. On what grounds can I get divorced?.. There are five different grounds for divorce in England and Wales (the law is different in Scotland and Northern Ireland).. These are:.. • Adultery.. • Unreasonable behaviour.. • Desertion.. • You’ve been separated and lived apart for 2 years and you both agree to the divorce.. • You’ve been separated and lived apart for 5 years, even if your spouse will not consent to the divorce.. You must also have been married for a year before you can commence divorce proceedings.. 2.. How do I deal with custody of our children?.. You will ideally agree on the details of the custody of your children amicably with your spouse before the divorce petition is sent to the court because the Statement of Arrangements for the Children needs to be sent along with the divorce petition.. The court needs to be persuaded that the arrangements you put in place are in the best interests of your children.. If you are struggling to be amicable, there is the opportunity for you to and your spouse to get a mediator involved to resolve these issues, but not being able to agree does not mean that you cannot divorce.. It simply means that you may need to address  ...   law solicitor to ensure that you are fully aware about what your divorce will mean for you and your family.. For more information about this article or any aspect of our family law services, please call Charles Goodbody on 01985 214444 or email cgoodbody@mulaw.. Same Sex Marriage And The Law.. May 12th, 2014.. At the end of March, the first same sex weddings took place in England and Wales with David Cameron confirming his support saying that it demonstrated Britain’s ‘proud traditions of respect, tolerance and equal worth’.. Divorcee ordered to pay ex-husband £1.. 2m despite pre-nup.. April 1st, 2014.. A woman has been ordered to pay her ex-husband £1.. 2m, even though the couple had a pre-nuptial agreement that her wealth would be protected in the event of a separation.. Pre-nups could become legally binding under new law.. March 14th, 2014.. Marital agreements including pre-nups and post-nups could become legally binding without the need for court approval under a proposed new law.. At present, such agreements are not legally binding although there has been a growing trend for courts to uphold them unless they are unfair to one side or the other.. Divorcing couples must try mediation before court.. February 10th, 2014.. Divorcing couples will soon have to try mediation to resolve disagreements before they are allowed to take their case to court.. The government says mediation is a cheaper, less stressful process than going through the courts, and also provides more long-term solutions that are acceptable to both parties.. Divorces may be set to rise as economy recovers.. December 3rd, 2013.. The divorce rate may be set to rise as the recession ends and the economy recovers, according to a survey of family lawyers.. Judge describes couple’s divorce case as ‘financial suicide’.. A couple have been told they are committing financial suicide by running up huge bills in a fight over which country should deal with their divorce.. Wife loses appeal over clean break divorce settlement.. A wife who wanted to receive periodic payments from her husband as part of a divorce settlement has lost her appeal against a court’s decision that there should be a clean break instead.. ,.. Myth of common law marriage ‘puts cohabitants at risk’.. October 2nd, 2013.. Six out of ten MPs believe the law needs to be changed to give unmarried couples more legal protection if they separate..

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  • Title: Personal Injury « Middleton & Upsall
    Descriptive info: The question is are you able to make a compensation claim.. At Middleton Upsall LLP, our specialist personal injury team has vast experience in all aspects of personal injury claims and we are able to answer that question and deal with your claim expertly and cost effectively.. We have a sympathetic approach to your needs and will work with you to achieve the right result.. We have a number of areas that we cover in Personal Injury:.. Areas of Practice include:.. Accidents at work.. Car Accidents.. Clinical Negligence.. Criminal Injury claims.. Dog bite and similar claims.. Industrial disease and deafness.. Slip, trips and falls.. Uninsured driver claims.. Whiplash.. FREE NO OBLIGATION ENQUIRY.. CALL US NOW ON 01373 865577.. Pensioner awarded £9,000 after slipping on shop floor.. October 3rd, 2014.. A pensioner has been awarded £9,000 compensation after she slipped on a coat hanger in a shop.. The woman had been making her way through the store when she stepped on the hanger which had been left on the floor.. It caused her left foot to slip backwards and she fell forwards, landing on her face and right arm.. She suffered a fractured wrist as well as cuts to her lip and right eyebrow.. She needed a k-wire inserted into her wrist and was in a cast for two weeks.. She went through a course of physiotherapy, which she found helpful.. Her injuries were expected to plateau after around 18 months to two years.. She was left with a faint 2cm scar above her eyebrow.. She took legal action against the  ...   being injured at work.. March 10th, 2014.. A carer has been awarded £1.. 5m compensation after developing fibromyalgia as a result of two separate workplace accidents.. Widow awarded £705,000 after contracting same disease as husband.. February 24th, 2014.. A widow has been awarded £705,000 compensation after developing terminal lung cancer as a result of washing her husband’s overalls.. I Wasn’t Wearing A Seatbelt, Can I Still Claim?.. February 22nd, 2014.. Seatbelt laws in the UK did not come into force until 1983, with regulations for children to wear seatbelts following in 1989 and finally seatbelts in the back seats in 1991.. Engineer awarded £19,000 for hearing loss caused at work.. November 11th, 2013.. A 62-year-old engineer who suffered hearing loss after being exposed to excessive noise at work has been awarded £19,372 compensation.. Sandwich bar employee awarded £47,500 after falling at work.. October 14th, 2013.. A sandwich bar employee who fell down some stairs at work has been awarded £47,500 compensation.. Don’t get mugged by an insurer use a solicitor.. Accident victims are being urged to make sure they get the correct level of compensation for their injuries and avoid being short-changed by insurance companies.. Man awarded £2,750 after suffering food poisoning at hotel.. July 1st, 2013.. A 42-year-old man who suffered severe food poisoning after eating a meal at a charity event at a hotel has been awarded £2,750 compensation.. Woman awarded £12,760 after a fall at work.. February 15th, 2013.. A 59-year-old woman who injured her face and teeth following a fall at work has been awarded £12,760 compensation..

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  • Title: Buying and Selling a Home « Middleton & Upsall
    Descriptive info: Personal Service and Local Knowledge.. this is the ethos of Middleton Upsall LLP and is clearly demonstrated in our Residential Property Department.. Many people who have used ‘Call Centre Conveyancers’ have common complaints.. They have no primary point of contact and do not speak to a qualified member of staff.. Messages are taken but are often not actioned.. Whether you are buying or selling a home, you will want the whole process to be as stress-free as possible.. Our Residential Property team here at Middleton and Upsall LLP will offer you a personal, competitively-priced quality service with highly trained staff and up to date technology.. Buying a house is one of the biggest investments we make in life, and our experienced team with a wealth of local knowledge between them will provide you with independent advice to ensure your purchase or sale is done quickly and efficiently.. We deal with all aspects of residential property including:.. • Buying and selling houses; flats; plots of land.. • Buy to let purchases.. • Boundary disputes.. • Deeds of easement and grants of rights of way.. • Leases.. • Mortgaging and Re-mortgaging.. • Tenancy Agreements.. • Transfers of Equity.. • General property advice.. Our expertise will ensure the legal advice we provide gets you the results you want.. Middleton and Upsall LLP is also a member of CQS – the Law Society quality mark which means we meet the standards they have set for a quality conveyancing service.. We are delighted to have achieved this level of distinction which confirms our pre-eminent position as ‘the’ quality service provider in the area.. Pitfalls and Perils of Buying at Auction.. September 16th, 2014.. There are a number of very real benefits to buying a property at auction such as a quick completion time and the chance of getting a property at a knock down price, however it is essential that you think carefully about what can happen when buying an auction property.. Have you seen the property? – This is a common mistake for people buying at auction.. The lot they have viewed and researched is sold or is taken out of the auction and they are tempted to make a purchase on a whim if it seems like a bargain.. It is so important to view the property first and to also obtain a survey on the house to establish if there are any structural issues which should be factored into the price when bidding.. There could also be a tenant occupying the property which may complicate matters for you if you haven’t checked or the property could be located in an area which may prove difficult to sell or rent.. Doing your homework first will help you to avoid the most common peril of buying at auction.. Read the legal pack – each property at auction has a legal pack and this contains all the information you would obtain through your solicitor when completing the purchase of a property through the usual channels.. You should obtain the legal pack before the auction and ask a solicitor to review it for you so they can highlight any difficult areas.. This could include addendums made to the legal pack right before sale or small print which makes you responsible for the seller’s legal fees.. Either way, being aware of these issues before bidding on a property is critical.. Have the funds in place – if you succeed at the auction you will need to exchange contracts immediately and pay a deposit there and then.. This is usually 10 per cent of the price of the property.. You will also be required to complete the purchase within four weeks of the auction.. Once you have exchanged contacts, you are legally bound to buy the property and if you don’t complete within the 4 week period, you may lose your deposit.. Be sure to factor into your budget any stamp duty costs and legal fees to complete the sale.. Enjoy your property – hopefully you have avoided all of the perils and pitfalls of buying at auction and you have secured a great property at a great price!.. If you do your homework and don’t buy on a whim, you should be fine buying at auction but remember, making a mistake on an auction property could prove a very expensive one.. If you have any property questions, please call Jo Ayrton or Sarah Gratton in our Warminster office on 01985 214444 or Sandra Smith or Ian Rhodes in Westbury on 01373 865577, or email sgratton@mulaw.. Right to Buy discounts to increase for tenants.. September 15th, 2014.. Council house tenants can now receive higher Right to Buy discounts following a government move to improve the scheme.. Tenants  ...   costs involved when you do move to a new home.. There are ways to save money though and it helps to be able to plan ahead to ensure that you can get the best possible price in all areas of your move.. Would You Buy A House Without Seeing It?.. June 16th, 2014.. Some people who buy at auction take a chance and purchase a property without actually seeing it in real life and view it only in the auction catalogue and without having a survey done first.. For most of us, this sounds like a recipe for disaster.. Government to help military personnel on to property ladder.. June 9th, 2014.. A new strand of the Government’s Help to Buy scheme has been launched, with the aim of helping members of the armed forces to buy their own home.. They can now apply to the Forces to Buy scheme for a loan of up to 50% of their salary to use towards buying a home.. It is the first of several benefits that have been incorporated into the New Employment Model for the armed forces.. What Should You Do If You Are In Negative Equity?.. May 9th, 2014.. Negative equity was a buzz word in the early nineties thanks to the recession and house price crash of the late eighties, but it has not featured so much during the recent recession.. However, the BBC reported that half a million people in the UK are currently living with negative equity in their property.. Stricter new mortgage rules come into effect.. May 1st, 2014.. New rules to prevent people taking out mortgages they can’t afford have now come into effect.. One of the key changes is that in most cases, people will need to get help from an adviser before taking out a mortgage.. Home buy schemes help 100,000 families on to property ladder.. April 23rd, 2014.. More than 100,000 people have used various government schemes to buy a home over the last four years.. Households have taken advantage of schemes such as Right to Buy and Help to Buy.. The Right to Buy scheme gives people who have lived in a council property for at least five years the right to buy at a discount.. House Prices Still Rising – Will The Treasury Intervene?.. April 11th, 2014.. Following the continuing heat in the housing market this spring, the real question is whether the treasury will step in to try to curb another potential boom in the housing market.. The welcome news of the latest hike in house prices is great for anyone selling property, but not so good for anyone looking to buy, particularly in certain areas of the country.. The current housing price rises do seem to be very much a regional phenomenon, as in many other place across the UK, prices are either static or have minimal change.. However, in the London market and across the South East, prices are rising rapidly.. Nationwide Building Society released figures at the beginning of the year showing increases in prices in London and the South East of anywhere between 7.. 6% and 14.. 9%, but what impact does this have on the rest of the economy?.. The Bank of England has reported this week that they will be conducting a risk assessment on the banks in the UK to see what effect another property crash and an interest rates rise would mean for the economy, following comments made by the head of the Office for Budget Responsibility, Robert Chote.. He warned that the current heat in the market, where the average price of a house has risen £17,000 in just 12 months but the average wage rise was only £417, was not sustainable.. However, the news earlier this week that inflation has fallen to 1.. 7%, its lowest level in four years, may just mean that interest rates won’t be raised any time soon and therefore it seems unlikely that the Bank of England will be stepping in with an interest rates rise to try to stall the property market.. It does seem to be a difficult call to make though, with all of the signs in London of a market that is overheating, with the return of gazumping, buyers queuing to view property and offers being made at 10% over the asking price, who knows what will happen in the next 12 months.. If you have any property questions, please call Ingrid Hindle or Jo Ayrton in our Warminster office on 01985 214444, or Sandra Smith or Sarah Gratton in Westbury on 01373 865577,or email ihindle@mulaw.. uk or ssmith@mulaw.. uk and we will be delighted to help.. Property Case Tracking.. Keep up to date with your property transaction.. Log In..

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  • Title: Wills & Probate « Middleton & Upsall
    Descriptive info: We have wide ranging experience in preparing Wills from the simplest to the most complex.. Every detail is personally tailored to suit your needs.. We offer specialist advice for those difficult situations such as second marriages and give advice on inheritance tax, drawing on specialist advice from other experts.. We also deal with the administration of estates on death.. We help you, in a friendly and sympathetic way, to cope with the necessary procedures including:.. Obtaining a grant of probate or letters of administration.. Transfer unused inheritance tax nil rate band.. Payment of inheritance tax.. Taxation issues.. Post death variations.. Lasting powers of Attorney.. We also set up and administer family trusts.. For added peace of mind we will store your Will without charge.. What is a Lasting Power of Attorney?.. September 8th, 2014.. As we grow old it can be more difficult to manage the day to day decisions we all have to make.. There is an option for us to consider when we get to that time in our lives though and it is called a Lasting Power of Attorney.. There are two types of power of attorney available and they are health and welfare and property and financial affairs.. Although there are two types of power of attorney, you do not need to choose just one, you can decide to implement both.. The first option when making a power of attorney is property and financial affairs.. This will allow you to share the responsibility of your financial affairs with someone you trust.. This will be particularly beneficial if you are struggling with the day to day responsibility of making sure your bills are paid on time, that your benefits are collected or perhaps the process of selling your home if you are downsizing or moving into a residential home or sheltered accommodation.. In order to give a property and financial affairs Lasting Power of Attorney to someone, you should consider whom you want to appoint.. You need to trust that your attorney will act in your best interests.. Once you have made this decision you will need to complete the correct forms and register your Lasting Power of Attorney with the Office of the Public Guardian.. You will also need to be over 18 and have the capacity to make your own decisions.. The second option to consider is the health and welfare power of attorney.. This allows your attorney to make decisions about your health and medical care, what treatment you should receive if you are seriously ill and even down to your day to day routines, such as what you wear and eat.. This option will only come into effect once you do not have the capacity to make these decisions for yourself.. Arranging one or both Lasting Power of Attorney instructions may help you to feel secure that your wishes in the future will be honoured and that you are protected.. For more information about this article or any aspect of our Wills, Probate Trusts services (including Care home fees recovery and powers of attorney), please call Michelle Stopford in our Warminster office on 01985 214444 or email mstopford@mulaw.. Government shelves plans for online lasting powers of attorney.. September 2nd, 2014.. The government has shelved its controversial plans for an online system for creating lasting powers of attorney (LPA).. The decision follows concerns raised by the Law Society and others that a fully digital system could be open to fraud and abuse.. LPAs enable you to nominate someone in advance to look after your affairs should you become incapable of doing so yourself at some point in the future.. They have become increasingly popular in recent years as people plan to protect their interests as they get older.. Ministers wanted to streamline the process of setting up an LPA by creating a fully online service.. A digital  ...   be difficult to come to terms with, but this may be magnified if you feel that you have been unfairly excluded from your loved one’s Will.. Court rules a mother’s Will was forged by her son.. April 4th, 2014.. A woman’s Will has been declared invalid after a court ruled that it had been forged by her son.. The woman originally made a Will in 1999, stating that she intended to split her estate equally between her two children.. Trust protects family home from the taxman.. March 18th, 2014.. Setting up a simple trust relating to his mother‘s home has saved a man and his wife several thousand pounds in capital gains tax.. The case involved a woman who sold her house in 1996 to her son and his wife on condition that she was allowed to continue living there for the rest of her life or until she remarried.. Disinherited sons fail to overturn their father’s Will.. February 21st, 2014.. A man’s Will leaving most of his estate to his daughter and sister-in-law has been upheld despite opposition from his sons who had been disinherited.. The court heard that the man had originally made a Will which benefited both his daughter and his sons.. However, following a family dispute involving the sons and the daughter, the situation changed.. The father wrote to both his sons telling them he was upset by the situation and asked them to engage in mediation with their sister.. The dispute was not resolved so the father made a second Will that favoured his daughter and his sister-in-law.. At the time of his second Will, he had begun to suffer from bouts of confusion.. However, the solicitor’s notes said that he had been coherent enough to understand what he was doing.. This opinion was backed up by medical professionals who said the man had testamentary capacity – that is, he was capable of making decisions for himself and was aware of the consequences of those decisions.. The brothers opposed the second Will and claimed that there hadn’t been an adequate explanation as to why their father would disinherit them.. They said that their sister had put pressure on her father by putting letters in front of him to sign.. The court held that the sons failed to prove that their sister had poisoned their father’s mind against them.. There was also no evidence to support their claims that their father was suffering any delusion when he made the second Will.. It was evident that he had intended to exclude his sons from the Will.. Please contact Michelle Stopford in our Warminster office on 01985 214444 or Sarah Gratton in Westbury on 01373 865577, or email mstopford@mulaw.. uk or sgratton@mulaw.. uk if you would like more information about the issues raised in this article or any aspect of Wills and probate.. Wife waited too long to seek better deal from husband’s Will.. December 16th, 2013.. People who feel they have not been properly provided for in a relative’s Will can ask the courts to step in and grant them a larger share of the deceased person’s estate.. Charles Goodbody discusses Will Aid on BBC Radio Wiltshire.. November 15th, 2013.. Charles Goodbody travelled to Swindon to discuss Will Aid on BBC Radio Wiltshire.. It was a really informative and relaxed conversation and covered some interesting areas that had not come up before such as people finding work commitments that meant leaving the country at short notice.. The Will kit question was also covered! It was a very useful and positive piece for Will Aid.. To find out more listen to interview in full here.. Listen Now:.. Trust period amended to reduce inheritance tax burden.. November 8th, 2013.. Discretionary trusts are a great way to reduce the burden of inheritance tax but they must be drawn up properly to be effective..

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  • Title: Testimonials « Middleton & Upsall
    Descriptive info: back to top.. I write to commend to your attention the excellent service provided to my friend, in the administration of his late partner's estate.. Please be assured that I will have no hesitation in recommending your firm in general, and Jenny McKellar in particular to any of my friends who may require legal assistance.. James Barnett, Shipton Bellinger.. Just a short note to once again express my sincere thanks to you, Sue and the M U  ...   you all.. Chris Stephenson.. , Warminster.. During a difficult and stressful period of my life it has been a huge comfort to feel complete confidence in all the staff at Middleton and Upsall.. In an age when profit seems to be the only motivation, it has been a relief and comfort to be treated with kindness and consideration while feeling confident of total professionalism.. I cannot thank you all enough.. TA, Maiden Bradley.. John Allday, Maiden Bradley..

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