INSIGHTS

Making a Will is one of the most important steps you can take to protect your family and ensure your wishes are carried out after your death. However, it is not something that should be written once and then forgotten. As your circumstances change, your Will should evolve with you. In this guide, we explain…

Living together without marrying is now a common and accepted choice for many couples. While day-to-day life may feel no different from that of a married couple, the legal position can be very different if the relationship comes to an end – particularly where property is involved. Disputes about the family home are one of…

The New Year is traditionally a time for reflection and fresh starts. In Cheltenham, January often brings a renewed focus on organisation — reviewing finances, putting plans in place and dealing with tasks that have been quietly sitting on the to-do list. Alongside practical resolutions, it is also an ideal moment to think about getting…

When a loved one dies, disagreements about their will or estate can arise quickly and often at the most emotionally difficult time. Many people are unsure of their rights, how inheritance disputes work, and what steps to take if they believe a will is invalid or they have been unfairly left out. This guide explains…

Probate Specialist Near Me: How to Choose the Right Support During a Difficult Time Dealing with the estate of someone who has died is rarely straightforward. Even where a will is clear and relationships are amicable, the administrative and legal steps that follow a death can feel daunting. Many people start by searching for a…

Disagreements within families are never easy. Whether you are facing the end of a relationship, uncertainty over finances, or concerns about your children’s future, emotions often run high and decisions can feel overwhelming. Yet one of the most effective ways to prevent matters from escalating is to seek professional advice early. At Midwinters Solicitors in…

Renting out or occupying a property can be a straightforward arrangement when both parties understand their rights and obligations. Yet disputes between landlords and tenants remain one of the most common causes of legal tension in residential and commercial lettings. Whether it’s unpaid rent, disrepair, or disagreements over notice periods, these conflicts can quickly escalate…

Your Guide to Smooth Residential and Commercial Property Transactions Introduction Whether you’re buying your first home, selling a commercial premises, or taking on a new business lease, the property transaction process can feel complex and time-consuming. At Midwinters, we provide clear, practical and experienced advice tailored to your situation. Based in Cheltenham, our conveyancing solicitors…

Financial disclosure remains a cornerstone of divorce proceedings in England and Wales. While our earlier article, “The Importance of Financial Disclosure in Divorce”, outlined the foundational aspects, this update delves deeper into recent developments, emerging challenges, and best practices to ensure transparency and fairness in financial settlements. The requirement for full and frank financial disclosure…

What Is an Executor? An executor is the person (or people) named in a will to carry out the instructions set out in that document after someone dies. This includes applying for probate (the legal authority to deal with the deceased’s estate), gathering in assets, settling debts and taxes, and distributing the estate to beneficiaries….

Starting the process of seeking legal advice about divorce, separation, or arrangements for children can feel daunting. There are often emotions to process, practical concerns to address, and unfamiliar legal territory to navigate. At Midwinters, we understand how important it is to begin with clarity and confidence — which is why we offer a secure,…

When parents separate or divorce, one of the most sensitive and important decisions they must make concerns the future care of their children. For many, reaching an agreement informally works well. But when consensus proves elusive, the courts may intervene by issuing a Child Arrangements Order (CAO) — a legal directive that sets out where…

Inheritance Tax (IHT) has long been a focal point of tax planning for high-net-worth individuals (HNWIs) in the UK. As political and economic landscapes evolve, so too do tax policies. With increasing scrutiny on wealth transfers and mounting speculation around potential reforms, it’s essential that HNWIs remain informed and prepared. This article explores the current…

Marriage is a significant life event, bringing together two individuals not just emotionally but financially. In recent years, there has been a marked rise in the number of couples opting for pre-nuptial agreements (pre-nups) as a way to safeguard their financial interests. Once considered a tool for the wealthy, pre-nups are now being embraced by a broader…

When a loved one passes away, managing their estate can feel overwhelming. If you have been named as an executor in a will, you have a legal responsibility to administer the estate in accordance with the law in England. This can be a complex and time-consuming process, requiring careful attention to legal requirements and financial…

Financial proceedings in divorce can be complex and fraught with tension, particularly when it comes to the equitable distribution of assets. At Midwinters, we specialise in facilitating these proceedings, ensuring our clients achieve a fair resolution that respects their financial rights and future security. Understanding Financial Proceedings in Divorce and Separation Financial proceedings are an…

As the global focus on sustainability grows, the property market in the UK is undergoing significant changes. The intersection of environmental responsibility and legal due diligence is reshaping how residential and commercial property transactions are conducted. As expert property solicitors, we are witnessing a marked increase in inquiries about energy efficiency, eco-friendly refurbishments, and their…

In the volatile climate of the UK’s housing market, particularly in England and Wales, the looming prospect of abolishing no-fault evictions—chiefly executed through Section 21 notices—poses significant implications for both landlords and tenants. The proposed Renters’ Rights Bill has sparked a fervent debate about balancing tenant security with landlord flexibility. This discussion is crucial for…

At Midwinters, we focus on supporting landlords in ensuring that all aspects of their rental agreements, particularly guarantor agreements, are legally robust and enforceable. This is crucial for protecting landlords’ interests, especially when tenants are unable to meet their obligations, such as paying rent or covering the cost of damages. Here, we provide an in-depth…

Divorce or separation invariably involves significant changes, not just for the couple but also for any children involved. In England, addressing the needs and welfare of children during this transition is of crucial importance. Crafting a detailed parenting plan and establishing a clear framework for child support are critical steps to ensure children continue to…

Divorce or separation often conjures images of contentious court battles, but it doesn’t always have to be this way. Many couples are now turning to alternative dispute resolution (ADR) methods to find a more amicable solution. At Midwinters, our experienced family law team, led by Partner Lucy Webley, is skilled in guiding clients, helping them…

Divorce or separation entails numerous legal and financial complexities, particularly regarding the fair division of assets. One fundamental aspect underpinning a just resolution is the full and frank disclosure of financial circumstances by both parties, as mandated by the Family Proceedings Rules 2010. At Midwinters, our experienced family law team, led by Partner Lucy Webley,…

When navigating the complexities of a divorce, how a pension is split in a Divorce is one of the most significant financial elements to consider. As substantial assets, pensions hold critical importance in ensuring financial security post-divorce. Our family law team at Midwinters, is committed to guiding you through the nuances of pension sharing to…

In recent years, the escalating cost of living and substantial increases in energy bills have exerted financial pressure on both tenants and landlords. As a landlord, encountering tenants who fail to pay rent on time can be distressing. However, it is crucial to manage this situation calmly and adhere to the proper legal procedures to…

The principle of testamentary freedom allows individuals in England and Wales to leave their assets to whomsoever they choose. However, this freedom is not absolute. There are circumstances under which the will of a deceased person can be legally challenged. At Midwinters Solicitors, we specialise in Contentious Wills and Probate, providing expert guidance and representation…

When looking for Family Law Firms where life’s most personal and pivotal moments intersect with legal requirements, the support of a specialised family law firm becomes invaluable. Whether you’re entering into a union, dissolving one, or addressing the intricate issues of child arrangements, the right legal guidance is crucial. Family law spans a broad spectrum…

In estate planning, trusts serve as essential tools for managing and distributing an individual’s assets in a controlled and deliberate manner. Trusts can safeguard assets, minimise tax liabilities, and provide structured support to beneficiaries under predetermined conditions. However, the very nature of these arrangements, coupled with the intricate dynamics of family relationships, can sometimes lead…

The legal rights and protections for couples who live together without marrying—unmarried couples—are often misunderstood. Unlike married couples or those in civil partnerships, unmarried couples face a different set of legal challenges when it comes to the division of assets and financial arrangements upon separation. This article explores the intricacies of the legal framework governing…

In family law, the concept of joint applications for divorce has emerged as a progressive and compassionate approach to ending a marriage. At Midwinters Solicitors in Cheltenham, we recognise the significance of this development and are here to guide you through its intricacies. Whether you’re considering a joint application or navigating the complexities of divorce…

The Divorce, Dissolution and Separation Act 2020, which came into effect on 6 April 2022, represents a monumental shift in the landscape of family law within the United Kingdom. As the most significant legislative reform in this arena in over fifty years, this Act introduced a system of no-fault divorce, aiming to mitigate the adversarial…

Property disputes can easily arise in real estate, often leading to complex legal battles that are both emotionally and financially draining. At Midwinters, we have decades of experience dealing with property disputes. We understand the intricacies and are here to provide guidance and resolution at a reasonable cost. Let’s explore some of the common types…

In April 2022, England and Wales underwent a significant legal transformation with the implementation of no-fault divorce laws. These laws aimed to streamline the process of separation by removing the requirement for assigning blame, making it easier for couples to obtain a divorce. While this legal shift represents progress in simplifying the divorce process, it…

With commercial property leases, the Landlord and Tenant Act 1954 (LTA) plays a pivotal role, providing a framework that governs the landlord-tenant relationship. This legislation, applicable to England and Wales, offers security of tenure provisions, granting commercial tenants the statutory right to renew their leases. However, landlords retain the option to “contract out” of certain…

What do I need to think about when making a Will?   When making a Will, there are a number of issues to consider to ensure that the Will meets your requirements and fully covers your circumstances. Midwinters Partner, Mark Lynham (mark.lynham@midwinters.co.uk ), explains what questions you need to ask yourself:     There are…

If someone loses mental capacity and can no longer make their own decisions, the Court of Protection, an integral part of HM Courts & Tribunals Service, can appoint a Deputy to manage their affairs.  In this article we look at how a Deputyship application works in England and Wales and how you can make an…

As the private rental market continues to expand, with approximately 4.5 million homes in England now being privately rented, it’s imperative for landlords to be well-versed in the rights and responsibilities that come with leasing their properties. A positive landlord-tenant relationship begins with understanding these dynamics and planning ahead to avoid potential issues. The Foundation:…

Do I need a Solicitor to make a Will?   Having made the sensible decision to make a Will, you then need to decide whether to write your own Will or instruct a professional to prepare it for you. Midwinters Partner, Mark Lynham (mark.lynham@midwinters.co.uk ), explains the risks involved in not using a Solicitor:  …

With family law, navigating disputes can be emotionally draining and financially burdensome. The conventional court system often exacerbates these challenges, thanks to its slow pace and the rigid structure that litigants must adhere to. However, there is a more efficient and flexible path to resolution that is gaining popularity – Alternative Dispute Resolution (ADR). This…

Why Make a Will?   It is estimated that only 4 in 10 people in the United Kingdom have a Will. Midwinters Partner, Mark Lynham (mark.lynham@midwinters.co.uk ), explains the risk of not making a Will:     Making a Will is something which many people put off until it is too late. This means that…

When a person dies, whatever they leave behind has to be administered. However, whether or not their loved ones need Probate depends on the particular circumstances and each estate is different. Midwinters Partner, Mark Lynham (mark.lynham@midwinters.co.uk), explains further:   There is often an assumption that when someone dies, it is necessary to apply for a…

What do I need to think about when making a Lasting Power of Attorney? When making a Lasting Power of Attorney (LPA), you need to make a number of decisions to ensure that the LPA is right for you. Midwinters Partner, Mark Lynham (mark.lynham@midwinters.co.uk ), explains what questions you need to ask yourself:   There…

Do I need a Solicitor to obtain Probate? Any Executor named in someone’s Will has to decide whether they need professional help or whether they feel comfortable administering the estate without such help. Midwinters Partner, Mark Lynham (mark.lynham@midwinters.co.uk ), explains more:   If you are named as an Executor in the Will and decide to…

The Government Increases the Statutory Legacy If you die without leaving a valid Will, you are deemed to have died “intestate” and the distribution of your estate is determined by the Rules of Intestacy. In such circumstances, if you die leaving a spouse or civil partner and children, your spouse or civil partner currently receives…

Do I Need a Lasting Power of Attorney? Lasting Powers of Attorney are a critical part of later life planning. Midwinters Partner, Mark Lynham (mark.lynham@midwinters.co.uk ), explains more:   No-one likes to consider the possibility of losing the capacity to make decisions for themselves in the future, but failing to make proper preparations can have…

What are the risks of being an Executor? Being named as an Executor in someone’s Will involves significant responsibility and is not a role to be taken lightly. Midwinters Partner, Mark Lynham (mark.lynham@midwinters.co.uk ), explains more:   If you are appointed as an Executor in the Will of a loved one or friend, you need…

Midwinters Family department have teamed up with Settify, a company that provides a secure online platform into which you can input information relevant to your case, prior to meeting with us. The purpose is to help minimise your worries, by providing up front relevant details as to your position and what concerns you have. You…

If you have decided to separate, you will need to give consideration to your financial position. It may be that you own property with your spouse, have savings, pensions or debts that all need to be dealt with. You may be concerned about an asset or business interest which is just in your sole name…

I have a Grant of Probate – what do I do now? The issuing of the Grant of Probate by the Probate Registry is a critical step in the administration of any estate but there is still much more work to be done by the Executor. Midwinters Partner, Mark Lynham (mark.lynham@midwinters.co.uk ), explains more: Once…

What is Probate? Probate is an important process and places considerable responsibility on the Executor to get it right. Midwinters Partner, Mark Lynham (mark.lynham@midwinters.co.uk ), explains more: Probate is the name given to the process by which the estate of a person who has died is administered by the appropriate person, usually the Executor named…

If you have sadly concluded that your marriage is at an end, you may well be ready to consider beginning an application for a divorce. Midwinters Partner, Lucy Webley (lucy.webley@midwinters.co.uk), explains more: The divorce process changed dramatically in April 2022. You no longer have to prove to the court that your spouse has had an…