Five Things to Know About Being Named an Executor of a Will

Being appointed as an Executor for a loved one’s Will can be daunting. The responsibilities are time consuming and can cause stress – especially if this is your first time as an Executor.

It is important to be aware you may be liable for any mistakes made when carrying out duties as an Executor, even if those mistakes were innocently made.

Fortunately, our experienced Solicitor, Rebecca May, is here to tell you the five things you need to know about being named as an Executor of a Will.

What are the key things to think about if you have been asked to be an Executor of someone’s Will?
Firstly, are you prepared to take on the responsibility of carrying out the deceased’s wishes under their Will? You need to ensure you carry out the wishes of the deceased as they would have wanted. Be aware that issues can arise if there are family disputes between members over assets, or if they feel excluded.

What are the main responsibilities of an Executor?
You need to ensure that all the assets of the deceased are cashed, any taxes or debts paid, and distribute the assets in accordance with the Will.

Does the person making the Will need your permission to name you Executor?
There is no formal requirement for the Executor to give consent – though it is sensible to ask permission before appointing them.

Who can be an Executor and does being one mean you can’t be a beneficiary?
Anyone is able to be an Executor providing they are over 18 years old and have adequate mental capacity to do so. It is not uncommon to appoint professional executors such as solicitors or financial advisers. Furthermore, it is a common misconception that you are unable to be a beneficiary and an Executor – however this is not the case.

Can you change your mind about being an Executor?
Yes, it is possible to change your mind. If at the time the person passes away, you do not want or are unable to be the Executor then it is possible to stand down. In this instance, either the appointed replacement or another appropriate person would stand in.

For more advice about updating or creating your Will, contact our Wills & Probate Team today who will be happy to provide professional, friendly advice.

Email: privateclients@cjch.co.uk

Telephone: 0333 231 6405

CJCH Solicitors – Wales Legal Awards Finalist for Corporate and Social Responsibility segment

The team here at CJCH Solicitors were beaming recently when we learned of our firm being named a finalist in the Legal and Financial category of a leading local awards initiative. Our excitement has more than doubled when it was recently announced that our firm had also been listed as a finalist in the newly established Wales Legal Awards in the category of Corporate and Social Responsibility Programme of the year.

Our CSR initiative is lead by our senior partner, Jacqui Seal, together with a team of our staff. In 2018, our programme included on-going support for main charity, Y Bont school for children living with disabilities, who we partner with to support their events, conduct fundraising initiatives on their behalf and generally offer our support where we can.

Other initiatives we have taken on in 2018 have included:

  • Developing a campaign to raise £3000 to donate to Huggard centre for the homeless.
  • Exceeding our 2017 milestone by raising over £2000 on behalf of Will Aid charity when our private client solicitor team donated their time to provide Will drafting services to the public in exchange for donations to the charity.
  • Donating time and support to the Recovery Cymru initiative. 
  • We also worked with family and lifestyle blogger, Cardiff Mummy Says, to provide legal insights and awareness for various family-related matters over the last year.

We are proud to be representing this category of the awards, as the ethos of the CJCH legal practice is to always give back to the communities in which we provide services.

Expert speaks out on everything you need to know about a Blue Monday job crisis

Blue Monday is considered to be one of the most depressing days of the year for every-day working people.

It’s a day that often leads to self reflection, and encourages many to question life and relationship decisions, but more commonly work-related choices.

With that in mind employees across Wales could be contemplating handing in their notice of resignation this January 21. And CJCH Solicitors’ employment law expert Nigel Daniel revealed that the firm does traditionally experience an upturn in employment queries throughout January.

But where do employees stand legally if they make a snap decision to leave their job? Where do employers stand in this situation? And what happens next?

Here, Mr Daniel answers all the questions that discontented employees, and their employers, may have this Blue Monday.

Do you see an upturn in queries to the Employment Team on Blue Monday/ or during January?

It is usually the position as far as this firm is concerned, that we see an upturn in relation to Employment Law in the month of January, however this year there has actually been a decline at CJCH.

What sort of issues is the employment team contacted about? 

At this time of year, there are the inevitable enquiries about incidents arising out of Christmas Parties.  From the employer’s perspective, we have instructions regarding the implementation of disciplinary procedures, enquiries from new start-ups and unfortunately in this present uncertain economic climate, queries regarding redundancies and procedures that have to be followed.

Regarding the issue of Blue Monday and employees it may very well be the position, that if and when an employee decides to leave, we may have enquiries both from the employer and the employee regarding the possible impact of post-employment agreements.

What is the most common problem people contact your team regarding?

The Employment Team in CJCH, undertakes a broad spectrum of work involving both contentious and non-contentious Employment Law matters.  We are frequently instructed to prepare company handbooks, advice on disciplinary and grievance procedures and all aspects of family friendly policies.

On the contentious side of matters, the introduction of Section 111(a) Protected Conversations, means that we are frequently asked to try and negotiate exit packages for employees by both the employee and the employer.  In addition, of course, we are always instructed to act on matters involving unfair dismissals, wrongful dismissal and areas of discrimination.

The increasing awareness of the Me Too campaign has led to an increase of enquiries from female employees who have suffered the indignity of unwarranted attention of a sexual nature. 

What are the options for someone who wanted to leave a job with immediate effect and not give notice?

Most responsible employers will have in place contracts of employments for their employees which will give a clear indication of what notice the employee is entitled to, whether or not it is contractual or statutory.  In addition, most contracts of employment will give a clear indication of what period of notice an employee is required to give the employer.

It is the position, that even when there is no formal contract of employment, the employer is under a statutory obligation to provide an employee with a written statement of the main terms and conditions of his/her employment within two calendar months of starting work.  This should also include the notice provisions.

If therefore, there is no contract of employment or for that matter a Section 1 Statement of Terms and Conditions, the Employment Rights Act lays down the minimum period of notice required from an employee, that is one week.

It may very well be the position, that an employee who wishes to leave a job with immediate effect can agree with his employer to waive the notice period.

If however the employee leaves his job without giving notice, and without the agreement of the employer, a number of situations may arise.

  • It may very well be the position, that post-termination restrictive covenants are in place and the employer may very well seek injunctive relief to prevent the employee starting employment with a new employer if, there is a risk that the post-termination restrictive covenants would be breached.
  • It may also be the position that the employer is concerned about the breach and can refuse to accept the employee’s repudiation and request that he/she sits out the notice period at home.
  • It is also possible for an employer to seek damages against an employee who leaves in breach of notice provisions if it can be shown a financial loss has arisen.  However, circumstances such as these are very rare, as quantifying loss is difficult.

Can someone leave during a probationary period and what would they need to consider?

Leaving during a probationary period, has very similar consequences as above.

The main difference of course, is that an employee who wishes to leave during a probationary period is usually in the position of finding out, that he is not suited or does not like the post he has taken.

There are very rarely any circumstances, where an employer would seek to take action in such circumstances, other than possibly where the employer has paid for the employee to attend training courses prior to commencement of his employment and/or during the probationary period.

In those circumstances, there may be a recoupment provision.  In addition, notwithstanding the fact that an employee is in a probationary period, he may have gained confidential information which again may be subject to post-termination restrictive covenants.

What if a staff member is on Maternity Leave? What would they need to do to change jobs?

If a member of staff is on Maternity Leave, and wishes to change jobs, then the Maternity and Parental Leave Regulations provide that the female employee is bound by the contractual obligation to give notice to terminate her employment.

So a woman on Maternity Leave who decides not to return to work must advise her employer before the end of her leave period, either by a notice period which is contained in a Contract of Employment, or by the Statutory Minimum of one week under Section 86 of the ERA.

What industries do you generally get the most queries of this nature from? 

Most enquiries at this time of the year are generated from the care industry, retail, health care and security industries.

What is your top tip to anyone who might be spurred on to change jobs from Blue Monday?

Any Employee who is minded to change jobs under the Blue Monday syndrome, should consider a number of issues.

Firstly, it may very well be the position that they have more than two years continuity of service.  To leave therefore, would mean starting again and losing all employment rights that have been gained through having two years continuity of service.

In addition, any employee minded to leave and change jobs must also be acutely aware of any contractual provisions relating to the dissemination of confidential information, and of course post-termination restrictive covenants.

If the situation has arisen where the employee for some reason has become dissatisfied with his/her role, then possibly speaking to the HR Department or a line manager to discuss areas of dissatisfaction may resolve a problem.

CJCH Solicitors’ employment team is highly experienced and skilled in all aspects of employment law and the provision of HR legal services.

It supports a wide range of employers from SMEs to household name companies, universities and public sector organisations.

CJCH History Month: The Story of Patchell Davies Solicitors

By Amy Palin

In April 2017 CJCH Solicitors welcomed its newest addition to the firm, with the incorporation of, Blackwood based, Patchell Davies Solicitors.

The story of Patchell Davies begins in 1977, when a new face arrived on the legal scene in Blackwood, Howard Patchell. After working less than a year as an Assistant Solicitor in a local firm, he became a partner, but it would only be four years before Howard decided to go it alone and open his own practice. Howard Patchell & Co opened its doors on Pentwyn Road, Blackwood in January 1982.

The firm grew from strength to strength, and in 1985 was joined by Graeme Davies. This marked the beginnings of the team that, despite changes over the years, would remain at the core of the firm throughout.

Graeme’s arrival at the firm allowed for the expansion of its expertise, in family law and litigation, areas in which he specialises.

With an expanding team and growing demand, the firm moved to bigger offices at its current location on Blackwood High Street in 1987.

It was in 1992 the firm officially became established as Patchell Davies, the name by which it has been known for nearly three decades, and under which it became a well-known and respected face on the High Street, offering clients a wide range of services.

Howard Patchell specialises in Wills, Probate, Conveyancing, and Commercial work. Graeme Davies is accredited as a Senior Litigator by the Association of Personal Injury Lawyers and is a member of the Family association Resolution. David James, who has been with the firm for eight years, and the firm’s newest addition, Joanne Lerwill, specialise in Conveyancing.

The firm today takes pride in its reputation and loyalty from clients. This can be attributed to the quality of service, and also to the relationships developed with longstanding members of staff, who give clients the confidence that they will always receive a professional service with a personal touch.

Now an integrated part of CJCH Solicitors, the team from Patchell Davies continues to deliver their impeccable work ethic and client service standards.

Mental Health law: Support, resources, and insights.

We have come a long way in terms of awareness and support, but Mental Health matters continue to have a stigma and an air of uncertainty overshadowing them. For example, a 2016 survey by Time to Change Wales revealed that 1 in 10 people believe that people with mental health illnesses can never fully recover, and 1 in 7 believed that people with mental health problems should not be allowed to hold public office. People still have reservations about speaking openly and honestly about their personal mental health experiences and challenges.

In a bid to raise awareness, the CJCH Solicitors mental health department have shared insight into some of the information we believe people should be aware of when it comes to mental health law.

We asked Craig Mills, a solicitor in the mental health law department to answer a few important questions:

What the aim of mental health law is?

The Mental Health Act protects the rights of people with mental health challenges, not only when someone is detained in hospital but also when someone is being treated for their ailments within the community under the Act. People should only be admitted to hospital against their wishes when it is essential to their health and safety or the protection of others.

What should people be aware of when it comes to matters relating to mental health?

Personal rights are an important thing for people to be aware of. There has been a lot of mental health advocacy recently and people need to be aware that it can affect individuals in a number of different ways  (Read a recent article in BBC News on South Wales Police wanting mental health lessons for youths). It can sometimes be difficult to identify when/if people are suffering from mental health problems, but it is important that everyone is aware that help is available. There are a number of mental health charities that can provide support.

Here are some links to assist with finding the right support for you or your loved ones:

For an example of how these matters are impacting people in Wales, you can read this recent article about three people’s personal struggle with mental illness which was shared for World Mental Health day.

For more information or assistance with a mental health legal issue, contact our team via email: mentalhealth@cjch.co.uk ; to telephone: 0333 231 6405.

#SortYourLifeOut – A mantra of taking control

At CJCH Solicitors, we aim to put our clients first and to support the communities in which we operate. With four offices spanning across South Wales, and two satellite offices in England, we have the ability, expertise and resources to offer our clients a wide range of services in several locations.

Our Family, Matrimonial and Children Law and Private Client departments recently launched a new ad campaign to reach out to people who may have questions and need support in difficult times. We hope to help guide them and ease the stress associated with situations such as planning a will, dealing with the probate of an estate, or considering all elements involved in a separation or divorce. There are many instances when people could benefit from the advice and guidance of an experienced and approachable solicitor, and we at CJCH have made it our mission to improve access to legal support and deliver personalised service.

Our new campaign is called #SortYourLifeOut, which is positioned as a helpful and uplifting slogan rather than the joking and judgemental tone it is often said with.

Take charge of your life. Put your plans in place. Be the victor, not a victim. Sort your life out.

Our campaign focuses on the fact that in every situation we face in life, no matter how testing or difficult, the choice to proactively plan, react and prosper is our choice to make. No one enters a marriage with the dream of it ending, and no one has children with their partner with the plan to raise them in separation, but should these things happen, our team is here to help you take the right steps towards making the most out of it and planning for a positive outcome.

#SortYourLifeOut is an uplifting mantra, of possibility, opportunity and silver linings.

At CJCH, we can help you #SortYourLifeOut.

To get in touch with us and see how we can assist you, click here for our contact details.

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CJCH Solicitors acquires Blackwood based, Patchell Davis

Cardiff based CJCH Solicitors has attained considerable media and industry coverage recently due to our rapid expansion strategy, dedication to client services, thought leadership in global anti-piracy, and commitment to supporting the Welsh community. We continue that trend for service excellence and geographical reach with the recent acquisition of Blackwood based solicitor firm, Patchell Davies.

Patchell Davies Solicitors opened its doors in Blackwood over 30 years ago and has been dedicated to supporting the legal services needs of the local and neighbouring communities ever since.

As of May 2017, Patchell Davies Solicitors was officially incorporated into CJCH Solicitors expanding the practice, already servicing clients around the globe, to six offices across the United Kingdom.

“CJCH is constantly looking to see how it can make the Welsh legal industry a more integrated and customer-centric one. We have achieved levels of working efficiencies and client service excellence that allow us to complete in local markets where pricing is under pressure. Growth has always been our strategy and we are delighted to acquire Patchell Davies who complement our teams of advisors” Nick Wootton, CJCH Chief Financial Officer and Merger & Acquisition Specialist.

 

 

 “We pride ourselves in offering dedicated, personalised and results-orientated legal services to the Welsh community, and now we are proud to have become part of a practice which aligns to our core values and strives for excellence and innovation on a global scale.” Howard Patchell, Director of Patchell Davies Solicitors.  

CJCH has a global Intellectual Property and Technology with a Global Anti-Piracy and Cyber Protection development program, these skills are being rolled out across the firm in pursuit of our goals of establishing Wales and a central hub for Cyber Security thought leadership. The acquisition of Patchell Davies Solicitors will further promote our rollout plan, as we will be identifying and up-skills selected team members within the new Blackwood office to ensure the capability is present in all CJCH offices, and for all CJCH clients.

“The acquisition of Patchell Davies sees us broaden our services into a new geographical area. Our journey to a true customer focused legal practice, with local Welsh values and International capabilities is a continuous and evolutionary one. We see the incorporation of Patchell Davis into the CJCH Group as a step in the right direction towards achieving this goal, and bringing world-class legal support to Wales.” Tim Hartland, Managing Partner – CJCH Solicitors.

CJCH Solicitors contact information: admin@cjch.co.uk; 0333 231 6405

For further information on CJCH Solicitors please visit our website at www.cjchsolicitors.co.uk.

 

Reflection on Mental Health Awareness Week with a look to the future.

By Keith James, Solicitor/Partner

Last week, 8 to 14 May 2017, marked UK Mental Health Awareness week for 2017. The purpose of this annual event is to ‘prompt a national conversation about what we can do as communities, schools, families and individuals ‘to move from surviving to thriving’ (The Mental health foundation).

There is little doubt that in recent months awareness of the wide variety of mental health conditions and of the impact of mental health problems has grown and now appears to be rising up the political agenda.

High profile individuals who have experienced the impact of issues such as depression, including prominent figures in the football world, have helped to shine a light on how mental health problems can impact on the lives of everyday people – Mental Health issues do not discriminate.

Also in the news have been many stories from prominent individuals of how bereavement can impact on families and how help can be provided to families to talk through these issues.

Of particular current interest is how the result of the general election will impact on Mental Health Law and the provision of Mental Health Services. Already suggestions have been made of manifesto commitments to increase provision of community mental health staff and services but also a suggestion that the Mental Health Act should be replaced. This perhaps is the most intriguing suggestion.

The Mental Health Charity, Mind, has called for a review of the Mental health Act but there is a suggestion this could go further to avoid ‘unnecessary detentions’. It will certainly be interesting, during the General Election campaign, to see if this forms part of a manifesto commitment. Of particular interest will be what alternative proposals are suggested.

There is little doubt that Mental Health issues have risen up the political agenda, and for CJCH will continue to be an important part of our focus and drive to support our community.

For any questions or queries, please do not hesitate to contact our Mental Health and Mental Capacity Law team at mentalhealth@cjch.co.uk or call on +44 333 231 6405 (24 hour emergency line: +44 7967 305949)

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