Gwyn James Newsletter June 2011

Document Storage

With recent closure of some local firms and certain banks no longer offering a document storage facility we appreciate that many people will be looking for somewhere secure to store their deeds and Wills.

Gwyn James solicitors are pleased to say that not only has the firm survived the rigours of the recession, but has steadily built on its basic principles of providing a modern approach to delivering high quality legal services in a changing market.

We always welcome new clients and would like to hear from anyone whose previous lawyers have either shut down or left the area, or whose bank no longer offer a storage facility for deeds and Wills.

Registration of your Will

In a recent survey, 67% of people questioned did not know where to find their parents’ Wills. Indeed tens of thousands of estates do fall into intestacy each year, which can cause emotional and financial turmoil for family and friends.

At Gwyn James Solicitors we are advising our clients to register the administrative details of their Will on a national database as a natural extension of the Will service we currently provide, making the Will easily traceable by those having the responsibility of administering the estate and endeavour to ensure that beneficiaries and not overlooked.

Although we keep a database of all the Wills which we hold, changing circumstances, such as moving away or simply the passage of time can make it difficult for executors and beneficiaries to locate a Will. By registering your Will in a central place we can ensure that your final wishes will be discovered and that your family members and friends do not have to resort to a labour intensive and expensive search to ascertain as to whether or not a Will exists

The national registry records that we hold your original Will in our secure Strongroom together with administrative details, such as the name and address of your executors. The content of your Will is not recorded and this information remains confidential.

Following your death the registry provides us with certain information, including details about anyone who has made a search for your Will, which could be of assistance in tracing the whereabouts of your executors and even to your executors themselves in locating beneficiaries.

Have you reviewed your Will recently? This could be the right time to assess your Will to ensure that it is tax effective, worded to protect your assets should you be admitted into care, and appropriate to your current circumstances. You should also consider making a Lasting Power of Attorney to ensure that there is someone in place to manage your property and financial affairs and make decisions about your health and social care, should you become mentally or physically incapable

For further information on registering your Will and to receive a factsheet on making or amending your Will or making a Lasting Power of Attorney, please contact Julie Costley on 01594 833042 or julie.costley@gwynjames.co.uk

Voluntary registration of the title to your property

The Land Registry is a non-ministerial Government department and its main statutory function is to keep a register of title to freehold and leasehold land throughout England and Wales.

In certain circumstances, registration of title to land and property is compulsory; for example, when property is transferred from one person to another. However, it is also possible to register title to land/property on a voluntary basis.

There are a number of advantages/benefits to voluntarily registering title to your land/property:-

• The registration fees are reduced for a voluntary registration.
• Provides you with an opportunity to review your title deeds to ensure that they agree with what you believe you own and to update you as to what rights and obligations are included.
• Provides the best form of legal protection available for land against the possibility of losing title by adverse possession (e.g. by a squatter).
• Offers a title guaranteed by the state giving greater security of title.
• Provides a system of indemnification for any rectification of title.
• Ensures simplicity and certainty in the conveyancing process.
• Virtually all information regarding the rights and other matters relating to registered land/property is easily accessible and in one place.
• Showing clearly the extent of land in a title by registered title plan and allows proper order of estate for family and future.

This firm has an agreement with the Land Registry which enables us to have direct access to the designated team dealing with voluntary registration meaning that our applications are dealt with quickly and efficiently minimising problems and delay.

If you require any further information on voluntary registration, including costs, please contact Sue Russell or Helen Scott on 01598 833042 or sue.russell@gwynjames.co.uk

GWYN JAMES SOLICITORS
COLEFORD

11 High Street, Coleford, Gloucestershire GL16 8HE

Tel: 01594 833042 Email: coleford@gwynjames.co.uk

CINDERFORD

14 Commercial Street, Cinderford, Gloucestershire GL14 2RR

Tel: 01594 822277 Email: cinderford@gwynjames.co.uk

ROSS-ON-WYE

Clytha House, 44 New Street, Ross-on-Wye, Herefordshire HR9 7DA.

Tel: 01989 564209 Email: ross@gwynjames.co.uk