Private Client FAQs

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1. Why do I need a Will?

A Will allows you to control what happens to your estate after your death and to appoint people to manage your affairs. Without a valid Will, the intestacy rules determine how your estate is distributed, which may not reflect your wishes.

2. Does my executor need to be involved with the Will writing process?

No, your executor does not need to be involved in the Will writing process. You should check that the person you wish to appoint accepts the appointment and you may wish to notify them that they have been appointed as an executor on completion of your Will. Some individuals might also inform them of practical information such as who they bank with and funeral directions. Others choose to detail this information in a letter stored with their Will.

3. How does getting married or entering into a civil partnership affect my Will?

Getting married or entering into a civil partnership will automatically revoke your Will even if this is not your intention. However, if you make your Will in contemplation of marriage then this protects your Will when you get married.

4. What happens if I don’t make a Lasting Power of Attorney (LPA)?

In the absence of a valid Lasting Power of Attorney or Enduring Power of Attorney, no one has legal authority to make decisions on behalf of an incapacitated person about their welfare or property until a deputy is appointed by the Court of Protection. An application to the Court of Protection is expensive and time consuming.

5. Who can I appoint as my attorney in a Lasting Power of Attorney (LPA)

For a property and financial affairs LPA, your attorney must be an individual who is 18 or over when appointed, mentally capable, and not bankrupt or subject to a debt relief order when they sign the LPA form. You can also appoint a trust corporation to act as an attorney for financial decisions.

For a health and welfare LPA, you can appoint any individual who is 18 or over when appointed and has mental capacity. There are no other restrictions on who can serve as a health and welfare attorney, though it is not possible for a trust corporation to be appointed under this type of LPA.

6. Do I need Probate if my spouse dies?

Whether probate is needed when your spouse dies depends on the nature and ownership of the deceased’s assets. Probate may not be required if the estate consists only of certain types of assets that pass automatically but will generally be needed if your spouse owned assets in their sole name.

7. Do I have to act as an executor if I am named in the Will?

No, you do not have to act as an executor if you are named in a Will. Being appointed as an executor in a Will does not create a legal obligation to accept the role. An executor appointed by Will may renounce their right to probate, which is the legal mechanism by which an individual gives up the right to obtain probate or administer the deceased’s estate. When an executor renounces, their rights to the executorship cease and the administration continues as if they had never been appointed. The right to take the Grant then passes to the next person entitled.

8. How long does Probate take?

Obtaining the Grant of Probate and administering an estate typically takes 9-12 months to complete. However, this could take longer if there were complex Inheritance Tax situations, lengthy property sales or missing beneficiaries.

9. Can I make lifetime gifts to reduce Inheritance Tax?

Yes, making lifetime gifts can be an effective way to reduce Inheritance Tax. Outright gifts to individuals are treated as potentially exempt transfers and become fully exempt from IHT if the donor survives for seven years from the date of the gift.

10. What are the current Inheritance Tax rates and thresholds?

Inheritance Tax is taxed at a rate of 40%.

There is a Nil Rate Band of £325,000 which is not taxable.

There is a Residence Nil Rate Band of £175,000 which can be claimed against the value of your property should you be leaving this to direct descendants, meaning children and / or grandchildren.

There could be other possible reliefs and exemptions available.

If you would like any advice regarding any of the above or need assistance making a Will or Lasting Powers of Attorney or the application for a Grant of Probate, please contact one of our offices:

  • Saffron Walden: 01799 523 441
  • Haverhill: 01440 702 485
  • Sawston: 01223 832 939

You can also visit our website and get in touch via our Enquiries Form

Think Twice Before Letting ChatGPT Draft Your Employment Tribunal Claim

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Artificial intelligence is an impressive tool. It can summarise information, generate ideas and even produce documents that appear polished and persuasive. However, a recent decision of the Employment Appeal Tribunal (EAT) serves as a stark warning to anyone considering using ChatGPT or other generative AI platforms to prepare Employment Tribunal proceedings without professional legal advice.

The message from the EAT is clear: if you submit documents to a court or tribunal, you are responsible for their contents, whether they were written by you, your solicitor, or ChatGPT.

The Case: Hancox v Sutherland and Others [2026] EAT 139

In Mr T Hancox v Kenneth Sutherland and Others [2026] EAT 139, a litigant in person appealed a strike out decision and filed a 300-page skeleton argument generated using ChatGPT, containing almost 132,000 words.

The EAT described the document as “entirely unacceptable”, finding that it failed to comply with the Tribunal’s Practice Direction and that it served to”obscure rather than to illuminate” the issues. Rather than assisting the Tribunal, the document made the appeal more difficult to understand.

Perhaps even more concerning was the appellant’s suggestion that the respondents should identify any inaccuracies, incorrect quotations, faulty references or other errors in the document. The EAT firmly rejected this approach, emphasising that the responsibility for checking the accuracy of AI-generated material rests squarely with the person submitting it.

The Growing Problem With AI in Litigation

The EAT noted that it has seen a significant increase in the use of AI-generated documents in legal proceedings. While the Tribunal accepted that AI can potentially assist litigants in person, it highlighted the substantial dangers associated with relying on AI without careful scrutiny.

These dangers include:

  • Inventing legal authorities that do not exist.
  • Misquoting genuine cases.
  • Misstating legal principles.
  • Referring to incorrect statutory provisions.
  • Producing lengthy and unfocused submissions.
  • Omitting crucial procedural requirements.
  • Including arguments that have no legal relevance.

Why This Matters in Employment Tribunal Cases

Many prospective claimants are tempted to save legal costs by asking ChatGPT to draft an ET1 claim form or other documents within the proceedings.

That decision can prove extremely costly.

Employment Tribunal claims are won and lost at an early stage. The details contained within an ET1 often define the scope of the case. A poorly drafted claim can:

  • Exclude valid causes of action.
  • Fail to identify the correct respondent.
  • Miss important limitation issues.
  • Omit key factual allegations.
  • Prevent important claims from being pursued later.
  • Lead to strike out applications or deposit orders.

An AI-generated claim may look professionally written, but that does not mean it is legally correct. In fact, one of the greatest risks is that AI often writes with complete confidence, even when it is wrong.

A claimant who relies upon an inaccurate AI-generated pleading may find themselves facing procedural challenges, adverse costs arguments, or even having potentially valuable claims dismissed.

The Tribunal Will Not Accept “ChatGPT Made the Mistake”

One of the most important aspects of the EAT’s guidance is that responsibility cannot be delegated to AI.

The EAT stated that litigants using AI must ensure that documents:

  1. Comply with procedural rules.
  2. Have been checked thoroughly for factual and legal accuracy.
  3. Contain only relevant points presented clearly and concisely.

If those checks are not carried out, the Tribunal warned that judicial scrutiny and potential sanctions may follow.

In other words, “ChatGPT drafted it” will not be an excuse.

The Value of Professional Legal Advice

Employment law is not simply about completing forms. It requires strategic judgment.

An experienced employment solicitor will consider:

  • The strongest causes of action available.
  • Whether claims are in time.
  • The evidence needed to prove those claims.
  • The likely value of compensation.
  • Settlement opportunities.
  • Procedural risks.
  • How allegations should be pleaded to maximise prospects of success.

These are matters that require legal expertise and experience, not merely the ability to generate text.

AI may be a useful administrative tool. It is not a substitute for professional legal advice.

How We Can Help

Whether you are bringing a claim against your employer or defending proceedings as an employer, obtaining specialist legal advice at an early stage can significantly improve your prospects of success.

We regularly assist clients with:

  • Drafting ET1 and ET3 forms.
  • Advising on unfair dismissal, discrimination and whistleblowing claims.
  • Preparing witness statements.
  • Negotiating settlement agreements.
  • Representing parties at Employment Tribunal hearings and appeals.

If you are considering bringing or defending an Employment Tribunal claim, contact our employment law team for specialist advice before submitting documents that could have lasting consequences for your case.

 

Renters’ Rights Act 2025: Landlord Registration Scheme to Launch in December 2026

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The Government has announced the timetable for introducing the new landlord registration scheme under the Renters’ Rights Act 2025, marking another significant change for the private rented sector in England.

The new service, known as Register Your Rental Property (referred as the PRS Database under the Act), will launch on 15 December 2026, initially covering the West Midlands before being rolled out across England over the following 12 months.

Under the new regime, landlords of assured and regulated tenancies will be required to register themselves and their rental properties. Landlords will have to provide key compliance information, including gas safety, electrical safety and energy performance details and tenancy deposit compliance.

The Government has confirmed that landlords in each region will generally have a three-month period to register once the scheme becomes active in their area. Failure to register may result in penalties.

What Does This Mean for Landlords?

Landlords should begin preparing now by ensuring that property records and compliance documentation are up to date. The new registration database is expected to become a central feature of the private rented sector and forms part of the wider reforms introduced by the Renters’ Rights Act 2025.

If you are a landlord and would like advice on the changes introduced by the Renters’ Rights Act 2025, or assistance with possession proceedings and tenancy management, our specialist landlord and tenant team would be happy to help.

Who Is the Court of Protection and When Might You Need It?

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When a loved one loses the ability to make important decisions for themselves, families are often faced with unfamiliar legal and practical challenges. At a time when emotions may
already be running high, understanding how to protect a vulnerable person’s interests can feel overwhelming. The Court of Protection is a specialist court in England and Wales that exists to support and protect individuals who lack the mental capacity to make certain decisions for themselves. It can make decisions on their behalf or appoint someone else to do so, always with the aim of ensuring that decisions are made in the person’s best interests.

One of the most common reasons for becoming involved with the Court of Protection is where an individual can no longer manage their own financial affairs due to dementia, a
serious illness, a learning disability, or a brain injury, and no Lasting Power of Attorney has been put in place. In these circumstances, it may be necessary to apply to the Court for the appointment of a deputy. A deputy is given legal authority to make decisions on behalf of the individual, such as managing bank accounts, paying bills, handling investments, or dealing with property matters.

For example, an elderly parent may develop advanced dementia and become unable to manage their finances safely. Their family might discover that no Lasting Power of Attorney was ever signed, leaving nobody with the legal authority to access funds, pay care fees, or deal with the person’s property. A Court of Protection application may then be required to
appoint a deputy and ensure that important decisions can be made without unnecessary delay. While the process can seem daunting, obtaining the correct legal authority is essential to safeguarding the individual’s welfare and financial security.

The Court of Protection can also become involved in decisions relating to health and welfare, including care arrangements, medical treatment, and where a person should live. In some
cases, family members or professionals may disagree about what is in a person’s best interests, and the Court can provide an independent decision based on the available evidence.

The average time from application to completion is currently four to six months, sometimes it can take longer than this. We recommend that where possible Lasting Powers of Attorney are arranged as early as possible, before your loved one loses mental capacity and you need then to apply for deputyship.

Whether you are facing an urgent issue or planning for a loved one’s future care, specialist legal advice can help you understand your options and navigate the process with confidence. If you believe a family member may need the protection of the Court, our experienced team is here to provide clear, compassionate guidance every step of the way.

Conveyancing Searches: What They Are and Why They Matter

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What are conveyancing searches?

When you are buying or remortgaging a property, your conveyancer will usually arrange searches early on. These searches help flag any legal, practical or environmental issues before you exchange contracts. They are not the same as a survey: searches look at records and information about the property, while a survey is a physical inspection arranged by the buyer.

The main types of searches

  • Local land charges search: this checks whether there are any legal restrictions or charges affecting the property. Examples include tree preservation orders, smoke control orders, listed building status, conservation areas and limits on permitted development.
  • CON29 enquiries: these give wider information from the local authority. They can cover planning and building regulation history, enforcement notices, nearby roads, public footpaths and whether the land has been recorded as having possible contaminative uses. Together with the local land charges search, this is often called the local search.
  • Drainage and water search: this confirms whether the property is connected to public sewers and mains water. It also checks whether any public sewers, drains or water pipes are within the property boundaries, and whether the water supply is metered.
  • Environmental search: this looks at past land use and potential risks, such as contamination, flooding, nearby energy projects and, in some reports, the possible future impact of climate change.

Additional searches

Every property is different, so your conveyancer may also recommend extra searches depending on where the property is. These might include chancel, mining, commons or highways searches.

Why search results matter

The results help you and your lender understand whether there is anything that could affect the property’s value, salability or intended use. If something does come up, your conveyancer will explain what it means and talk you through your options before you decide how to proceed.

Summary

In short, conveyancing searches are there to help you make an informed decision. They can reveal issues that may not be obvious from viewing the property, such as planning matters, drainage arrangements, environmental risks or legal restrictions. Your conveyancer will review the results and let you know if anything needs further investigation before you commit to the transaction.

Frequently asked questions

Do I really need conveyancing searches?

In most purchases, yes. Searches help identify issues that may not be obvious from viewing the property. If you are buying with a mortgage, your lender will usually require them.

Are searches the same as a survey?

No. Searches look at records and information about the property and surrounding area. A survey is a physical inspection of the property’s condition.

How long do searches take?

Timescales vary depending on the local authority and the type of search needed. Your conveyancer will let you know if any search is likely to take longer than usual.

What happens if a search raises an issue?

If a search reveals a possible issue, your conveyancer will explain what it means and advise you on the next steps. This may involve asking further questions, requesting documents or considering whether additional protection is needed.

Nuisance and Neighbour Disputes

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In an ideal world, everyone would always get on with their neighbours, unfortunately, that is not always the case! Neighbour disputes can arise from a variety of reasons and, if left unresolved, can quickly become stressful and costly. Some of the most common complaints include: –

  • excessive noise,
  • building works,
  • smells,
  • flooding,
  • overhanging trees and
  • other interference with the use and enjoyment of a property.

A “private nuisance” can arise where there is a “substantial and unreasonable interference with a person’s use or enjoyment of their land”. Depending on the facts of the case, a dispute may also involve trespass, negligence or statutory nuisance. In some cases, a claim may be brought in public nuisance where an individual has suffered harm beyond that experienced by the general public.

 

Resolving neighbour disputes

Court proceedings should always be seen as a last resort. Parties are expected to consider whether the dispute can be resolved without litigation, including through alternative dispute resolution (ADR) such as negotiation or mediation. ADR can often help avoid the time and expense associated with court proceedings.

There can also be significant limitations on the costs that can be recovered, particularly in lower-value property disputes. The potential costs of litigation should therefore be considered carefully before proceedings are issued.

Damages (compensation) for nuisance are whatever loss resulted to the claimant as a foreseeable consequence of the wrongful act of the defendant. ‘Pure economic loss’ without any interference with the claimant’s property is usually not recoverable. But financial loss caused by actual interference is.

Where an agreement cannot be reached, litigation may be necessary. However, court proceedings should only be considered after the underlying issues have been investigated and reasonable attempts made to resolve the dispute.

 

Our property litigation solicitors have experience in dealing with neighbour disputes and can advise on nuisance, boundary issues and related property disputes. Please get in touch with our Dispute Resolution Department for specialist advice.

Could a possible new Wills Act make it easier to challenge a will made under pressure?

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Proposed changes to wills law: could it become easier to challenge a will for undue influence?

Claims that a will was made because of undue influence are notoriously difficult to prove. At present, a person challenging a will must show that the person making the Will (know as the testator) was coerced into making it: in other words, that pressure was applied which overpowered their free will rather than simply persuading them.

This is a high evidential burden. Undue influence often happens behind closed doors, and by the time a will is challenged the person who made it is no longer able to explain what happened. As a result, even suspicious circumstances may not be enough to succeed unless there is clear evidence of coercion.

What is changing?

The Law Commission has recommended reforms designed to modernise wills law in England and Wales. Its final report, Modernising Wills Law, was published in May 2025 and is accompanied by a draft Bill for a new Wills Act. If enacted, this would be a major development: the new legislation would replace the Wills Act 1837, the Victorian statute which still forms the backbone of modern wills law.

Undue influence and disputed wills

One of the proposed reforms concerns testamentary undue influence. The Law Commission recommends that the court should be able to infer that a will was made as a result of undue influence where there are reasonable grounds to suspect it. In deciding whether to draw that inference, the court could consider factors such as the conduct of the person alleged to have exerted influence, whether there was a relationship of influence between that person and the testator, and the circumstances in which the will was made.

This would not mean that every unusual will, or every disappointed beneficiary, would automatically have a claim. However, it could make it easier for genuine concerns about pressure, control or vulnerability to be properly considered by the court.

A wider reform of wills law

The proposed new Wills Act would not only address undue influence. The Law Commission’s recommendations also include changes relating to electronic wills, testamentary capacity, the minimum age for making a will, the rule that marriage or civil partnership revokes a will, and the court’s ability to recognise a person’s true intentions even where formal requirements have not been met.

For now, these are proposed reforms. The draft Bill would need to be enacted before the law changes. However, the direction of travel is clear: wills law may be moving towards a more modern framework that better protects testamentary freedom while also recognising the practical difficulty of proving undue influence.

How we can help

Disputes about wills can be emotionally difficult and legally complex.  We have a solicitor/ partner with specialist knowledge and experience in disputed wills who can advise and act for parties where there are concerns about undue influence, capacity, knowledge and approval, or the validity of a will.

If you are concerned about the circumstances in which a will was made, or if you are an executor/beneficiary defending a will that has been challenged, seeking our advice and input early can make a significant difference. Please contact us to discuss how we can help.

The Risks of Proceeding Without a 10% Deposit on Exchange

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In a standard property transaction, the buyer is expected to pay a 10% deposit on exchange of contracts. This deposit is not just a formality—it plays a crucial role in protecting the seller and ensuring both parties are committed to the transaction.
However, in some cases, buyers may request to proceed with a reduced deposit—or no deposit at all. While this may seem like a reasonable accommodation to keep a deal moving, it can expose sellers to significant risks.
Here’s what you need to know before agreeing to proceed without the full 10% exchange deposit.
Why the 10% Deposit Matters
The exchange deposit serves two key purposes:
• Security – It provides the seller with financial protection if the buyer fails to complete
• Commitment – It demonstrates that the buyer is serious and financially prepared to proceed
Without it, the balance of risk shifts heavily in favour of the buyer.
What Happens If the Buyer Defaults?
If a buyer fails to complete after exchange, the seller is typically entitled to:
• Retain the deposit
• Potentially pursue further losses
But this protection is significantly weakened if a reduced deposit has been accepted.
The Key Risks for Sellers
1. Limited Financial Protection
If the buyer only pays a small deposit (for example, 5% or less), that is all the seller automatically holds if the buyer pulls out. This may not come close to covering:
• Loss in property value on resale
• Additional legal and agent fees
• Ongoing mortgage and holding costs
2. Difficulty Recovering the Shortfall
Although the contract may still state that 10% is payable, recovering the remaining balance from a defaulting buyer is not always straightforward. It can involve:
• Time-consuming legal action
• Additional costs
• Uncertainty of recovery, especially if the buyer lacks funds
3. Increased Risk of Buyer Withdrawal
A lower deposit can reduce the buyer’s financial commitment, making it easier for them to walk away from the transaction.
4. Chain Vulnerability
If your sale is part of a property chain, a buyer defaulting with little financial consequence can cause the entire chain to collapse—impacting multiple transactions.
Why Do Buyers Request a Reduced Deposit?
Common reasons include:
• Funds tied up in another property
• High loan-to-value mortgages
• Cash flow timing issues
While these may be understandable, they do not reduce the risk to the seller.
Can You Still Proceed Safely?
In some situations, agreeing to a reduced deposit may be necessary to keep a transaction alive—but it should never be done without fully understanding the risks.
Every transaction is different, but one principle remains constant: the exchange deposit is your primary protection as a seller.
Final Thoughts
It can be tempting to agree to a lower deposit to avoid delays or keep a buyer on board—but doing so without proper consideration can leave you exposed if things go wrong.

We can help you prepare your Lasting Powers of Attorney

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A Lasting Power of Attorney is a legally binding document in England and Wales which lets you appoint one or more Attorneys to help you make decisions. If  you are no longer able to make your own decisions your Attorney may make decisions for you.

There are two different types of Lasting Powers of Attorney – Property & Financial Decisions and Health & Welfare Decisions. You can choose to make one or both.

The Lasting Power of Attorney for Property & Financial Decisions can be used by your Attorneys to manage your bank account, pay bills, collect benefits or sell your home should you need them to.  The document can be used once it has been registered with the Office of the Public Guardian, but only with your permission.  Should you lose mental capacity then your Attorneys can take over completely.

The Lasting Power of Attorney for Health & Welfare can only be used if you have lost mental capacity.  Your Attorneys can make all decisions for you, for example, where you live, your daily routine, medical care and, if you have given them authority to do so within the document, they can consent or refuse life sustaining treatment on your behalf.

Preparing Lasting Powers of Attorney with professional assistance helps ensure your applications meet all the Office of the Public Guardian’s strict requirements. Many LPAs are rejected due to simple but costly mistakes such as incorrect signatures, unclear instructions, or personal details not matching. By guiding you through each step, checking all wording, and ensuring the documents are executed correctly, we greatly reduce the risk of errors and avoid unnecessary delays or rejections by the OPG.

If you would like to know more please contact us on

01799 523441 – Saffron Walden office

01440 702485 – Haverhill office

01223 832939 – Sawston office

Or send an email to [email protected]

What the conveyancing process can really reveal about a property

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When most people view a property, they’re focused on the obvious things such as the kitchen, the garden, the local schools and whether or not their sofa will fit in the living room. However, it is often only during the conveyancing process that the hidden story of a property begins to emerge.

Many buyers are surprised to discover just how much investigation takes place behind the scenes before contracts are exchanged. Whilst a property may appear perfect on the surface, conveyancing searches and enquiries can reveal issues that even the seller may not have considered.

For example, a routine search might reveal that a charming country cottage is affected by a public footpath crossing part of the land. A dream family home could be situated within a conservation area, meaning future alterations may be subject to additional restrictions.
Then there are the more unusual discoveries. Conveyancers have uncovered properties built over old mine workings, homes affected by historical rights of way and gardens with mains sewers and pipes that prevent future extensions. Some buyers even discover that a section of their property is technically owned by someone else due to a flying freehold arrangement.

Parking can be a source of disappointment. A driveway that appears to belong to a property may not always be included within the legal title. Accessways, shared driveways and allocated parking spaces often require careful investigation to ensure the buyer is acquiring the rights they require.

One of the most valuable aspects of conveyancing is identifying potential issues before they become expensive problems. A buyer who identifies a problem after completion may have limited forms of redress. By contrast, issues identified during the transaction can often be resolved, renegotiated or properly insured against.

The process is not designed to create obstacles but to protect buyers from unwelcome surprises. Whilst it can sometimes feel frustrating when solicitors raise numerous enquiries, those questions are often the reason problems are identified before a buyer is committed
The conveyancing process provides reassurance. It helps ensure that buyers understand the rights the property has the benefit of and the reservations, obligations and restrictions which property is subject to.

At Adams Harrison, we believe informed buyers make confident buyers. Our conveyancing team works to uncover potential issues early, explain complex legal matters clearly and help clients move into their new homes with peace of mind.