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When I was asked to write an article, I thought of the questions that I commonly get asked. This was one of them: Will I get the money I/my family put in at the point of purchase back? For the purposes of this article, I will be focusing on the law...
Every year, the Poppy Appeal reminds us of the sacrifices made by our armed forces. This year, with the ongoing economic uncertainty, charities like the Royal British Legion need our support more than ever. At Martin Tolhurst Solicitors, we're committed...
Are you a landlord looking to sell your interest in a block of flats or are you a leaseholder looking to purchase that interest? If you answered ‘yes’ to either of the above then you need to be aware of the right of first refusal and the...
Rachel Reeves made history today, delivering the first budget from a female chancellor, in a debut that also marked the first Labour budget in 14 years. Starting her speech with a call for girls and young women to break through any ceiling in achieving...
As we approach the UK government’s upcoming budget, there is a heightened focus on potential tax changes that could impact estate planning, property transactions, and probate. In particular, Inheritance Tax (IHT), Capital Gains Tax (CGT), and Stamp...
We are pleased to announce the firm has appointed a new Managing Partner. Reflecting on his time leading the firm, Richard Carter shared: "After over 20 years as Managing Partner of Martin Tolhurst Solicitors I advised the Partners last month of my...
Martin Tolhurst Solicitors have been re-accredited with Lexcel – the Practice Management Standard of the Law Society following a recent 2 day on site assessment by an external assessor. The assessment highlighted a record 26 areas of best practice...
At Martin Tolhurst Solicitors, we are delighted to share some fantastic news with our clients and colleagues! In the past few weeks, our firm has achieved significant recognition, being shortlisted for prestigious awards across the legal sector. These...
With the surge in popularity of I Am Sold auction properties, it is crucial for potential buyers to tread carefully and be aware of key considerations. While these auctions offer enticing opportunities, there are important factors to keep in mind to avoid...
There has been a lot in the news recently that “No Fault Evictions” are coming to an end, but what is this likely to mean in practice for both landlords and tenants? It is such a highly political subject because a person’s home is so...
We are delighted to announce that Nathan Hidson has officially qualified as a CLC Lawyer specialising in Wills & Probate at Martin Tolhurst Solicitors. Nathan has been practising in Private Client Law for over 6 years and has a cumulative 9 years’...
Recent Court judgments have called into question the ability of a sole director of a limited company to make decisions where the company has unamended model articles of association. The validity of previous decisions made by a sole director have also been...
Having been asked to write a blog on something other than my work type that interests me, I was estopped from regailing you in the joys of the Building Safety Act, and the happiness that fills every Conveyancers heart when they are dealing with a Leasehold...
We are delighted to announce that Liza Anderson has officially qualified as a solicitor, joining our Gillingham branch in the Litigation Department. Liza has been a valuable member of the Martin Tolhurst team since 2018, and her journey from trainee to...
This year, we are excited to continue our tradition of giving back by participating in a 13-mile charity walk along the stunning Hythe and Royal Military Canal. 17 dedicated members of the #TeamTolhurst will be taking on this challenge in support of The...
The Corporate department at Martin Tolhurst Solicitors is pleased to introduce a new fixed price service for new and existing business that are entering into (or have previously entered into) a franchise agreement. We appreciate when starting a new business...
We are delighted to announce that two of our talented Private Clients team members at the Longfield office have been shortlisted for the prestigious British Wills and Probate Awards 2024. Tari Gonyora , a rising star in the field of wills and probate, has...
With divorce applications now being completed online, the quick and easy process has led some to forget about a fundamental aspect of separation; division of the assets of the marriage. Legal steps needs to be taken even if you have reached an agreement on...
If you are asked to be a guarantor for a commercial lease – perhaps in your capacity as director of a company or to support a family member, there can be significant financial and legal implications. Here are some potential pitfalls to consider: ...
When most people think about a marriage or civil partnership it’s to make a commitment to spend a lifetime together and celebrate the joyous occasion with friends and family. However, there are legal elements of a marriage or partnership you will need...
Here at Martin Tolhurst Solicitors, we are committed to doing our part for the environment. That's why we are thrilled to announce a new partnership with Tech Recycle, a leading provider of responsible tech appliance recycling ...
You have decided to make your will. You’ve met with your solicitor, discussed your needs and received advice. You then receive your will to review, but find it contains words you may not fully understand. Let’s look at some of those terms and...
Martin Tolhurst is an amalgamation of several firms, which, in 1986, nearly 40 years ago, celebrated its centenary. The Founder Frederick William Martin was admitted as a solicitor in 1881. He was the son of Thomas Martin, a local pilot and a...
Right to Manage (RTM) is a process that enables leaseholders of flats/apartments to take over the management of their building. The right applies to leaseholders of a building or part of a building containing at least two flats. At least two-thirds of the...
Every child in the UK must get an education. This starts from the school term after their fifth birthday and lasts until the last Friday in June of the school year in which they reach the age of sixteen. Education is compulsory in the UK and children can...
There are few certainties in life, but as American statesman Benjamin Franklin famously wrote, two things we can be sure about are “death and taxes”. Yet planning for our ultimate demise, or our decline along the way, is something that we...
When a tenant, under a commercial lease, which has been contracted outside of the security of tenure provisions of the Landlord & Tenant Act 1954, remains in occupation beyond the fixed term of their lease agreement, the situation is commonly known as...
It was all going along nicely………… I recall the exact moment it happened, I was reading the paper. It was mid-February 2020, about 1:20 pm, I was escaping the office in a café being comforted by a latte and cheese panini,...
We are delighted to announce The Retreat Animal Rescue as our chosen charity partner for 2024. This decision reflects our commitment to supporting valuable local organisations and aligns with our company values of compassion and community engagement. The...
Looking for a career in the Law? The importance of being an Officer of the Court – Partner Khalid Mughal writes about one of the fundamental principles of being a solicitor. Solicitors are first and foremost Officers of the Court. The Solicitors...
Blended families have become increasingly common in today's society. As relationships evolve and individuals remarry or enter into new partnerships, estate planning becomes a crucial consideration to ensure the fair and smooth transfer of assets to loved...
Divorce applications rose by 20 per cent in the year following the introduction of no-fault divorce, according to figures from the Ministry for Justice. But while the headline process may be easier, couples going through the legal stage of break-up are...
Martin Tolhurst Solicitors is thrilled to announce the successful completion of a year-long fundraising campaign in support of Great Ormond Street Hospital (GOSH). Thanks to the incredible generosity of our team members, partners, and wider community, we are...
Whether it is to fulfil a lifelong dream, be your own boss or maximise income, there are important considerations when buying a business in order to avoid entering a bad deal. Share purchase or asset purchase are two ways in which you can buy an existing...
Are you a First time buyer looking to maximise your savings potential? A Lifetime ISA (LISA) might just be the financial tool you need. With its unique benefits tailored towards long-term savings goals, a LISA offers a compelling option for those aiming to...
Martin Tolhurst is proud to announce that we have recently been re-accredited with the Conveyancing Quality Scheme (CQS) quality mark. This quality mark is a recognised standard for residential conveyancing practices in the UK, awarded by the Law Society. ...
Entering into a new lease as a commercial property tenant can be a daunting experience and it may be difficult to understand which parts of your Lease are key to understand throughout your occupation. You may feel that once your lease has completed and you...
We're thrilled to announce a new partnership with Kent Wildlife Trust, a respected wildlife charity dedicated to protecting Kent's amazing natural spaces. This exciting collaboration, starting April 1st 2024, builds on our ongoing commitment to...
Martin Tolhurst is delighted to announce the well-deserved promotions of Tom Bexhell and Hannah Stanford to partner. Both Tom and Hannah have distinguished themselves through their dedication and exceptional skills, solidifying their positions as valuable...
Inheritance challenges and disputed wills are soaring, but it’s not just the high profile, wealthy that are fuelling the action. Figures from the Ministry of Justice come against a backdrop of headline-catching disputes such as the case of Russian...
To celebrate National Conveyancing Week we look at our own conveancying team within the firm. In this blog post, we are delighted to feature Tom Bexhell, one of the conveyancers at our Ashford office. In his interview, we will learn about...
National Conveyancing Week is an annual event that celebrates the dedicated and skilled professionals who work tirelessly to ensure that property transactions run smoothly. In this blog post, we are delighted to feature Gemma Nie, one of the conveyancers at...
In celebration of National Conveyancing Week, we sat down with Charlotte, a valued member of our property team, to learn about her path to becoming a Chartered Legal Executive and what sets her apart in the field. What led you to pursue property law as a...
Any responsible business will have recognised and accepted the need for businesses and individuals alike to take positive action to improve sustainability and cut carbon emissions. With a commitment by the UK Government to reaching net zero by 2050 there is...
It is possible to make a Power of Attorney online, but whether you should is an entirely different matter. The process of making a Power of Attorney seems straightforward, but for those who are unfamiliar with the process, there are many potential pitfalls...
If you live with your partner, or considering moving in together, you may have thought about a cohabitation agreement. But do you actually need one? There is, of course, no legal requirement to have a cohabitation agreement to live with a partner, but it can...
We are thrilled to announce our continued membership with Kent Invicta Chamber of Commerce for 2024! As a proud member, we value their dedication to supporting local businesses like ours. Their network, resources, and advocacy have been...
Common Myths about Inheritance Tax Planning: Busting the Misconceptions Inheritance tax planning is a crucial aspect of financial management, yet it is often shrouded in misconceptions and myths. As the New Year begins, it's an opportune time to...
We are excited to share that so far that Team Tolhust has raised an incredible amount of £17,500 for our current Charity of the Year, Great Ormond Street Children's Hospital! It's a tremendous achievement and so far the largest...
As a landlord in the UK, dealing with commercial tenants can be a complex and challenging task. There are many different aspects that need to be considered. Landlords need to understand the legal framework, review the rights and obligations that should be...
The family-focus of Christmas is often followed in January with news of unhappy couples calling it a day, leading to so-called Divorce Day , as family lawyers receive a surge of enquiries when they re-open after the break. Generally, divorce...
Three children have won a share of their father’s £700,000 estate after a hard-fought case that reached the High Court in London. The siblings took action when their father Kenneth Grizzle died and they found they were excluded from his...
Conveyancing can be a long and stressful process, but the work of conveyancers helps to reduce this significantly by taking on many of the more complex tasks. Selling a house can be daunting, and many legal considerations need to be taken into account to...
Agreeing shared contact for children can be difficult for divorced or separated parents. Here we break down your options to help this Christmas. When any relationship breaks down, it can be difficult for parties to agree on the best way forward to separate,...
More often than not, if a tenant does not leave a property voluntarily, then, to evict them lawfully the landlord will usually have to follow the following key stages to obtain possession lawfully: Serve the relevant notice(s) and await expiry of the...
In 2022, equity release loans in UK totalled around £6 billion. In 2023, due to higher rates of interest, this is likely to fall to around £2.5 - £3 billion of loans being taken up. The managing partner of Martin Tolhurst,...
Unfortunately accidents can happen to anyone at any time. These accidents can result in individuals losing the ability to make their own decisions. If this should happen, the Court of Protection in the UK steps in to protect the interests of vulnerable...
Cohabitation has become increasingly common, with more and more couples choosing to live together without getting married or entering into a civil partnership. However, it is important to note that cohabiting couples do not have the same legal rights and...
In leases, break clauses serve as crucial provisions that provide commercial flexibility for both landlords and tenants. These clauses can allow either party to terminate the lease before the expiration of the fixed term, subject to certain conditions being...
The new Law Net Autumn/Winter 2023 Business First Magazine is out now! This edition is packed full of features including creating a supportive workplace, sustainable buildings, legally compliant HR and EDI essentials. And we are delighted to have an article...
An article in the Law Society Gazette a few weeks ago revealed that a couple were stung with an £89 annual storage fee for their wills, having already paid £4,500 for their wills and been told the storage fee would be £49. Meanwhile, the...
When a court issues an order, it is legally binding and must be followed by all parties involved. Unfortunately, there are instances where one parent may disregard or breach a court order, causing frustration and potential harm to the child and the other...
When parties to a statutory lease extension are unable to agree on the final terms there is a process in place whereby a final decision can be given by the First-Tier Tribunal (Property Chamber). This article provides some further information about how...
Connor joined the firm in February 2021 as an Office Administrator and qualified as a Solicitor in September 2023. He is currently working in the Commercial Property department within our Gillingham office. Andrew-Ashley Edwards, Commercial Property...
This year, Organ Donation Week runs between the 18th - 24th of September. The campaign is designed to raise awareness about organ donation and transplantation. While most of the UK now runs on a system of opting out, it is still something you should discuss...
We are proud to announce that Martin Tolhurst Solicitors is now a signatory to the Greener Litigation Pledge , joining a growing list of law firms committed to minimising the environmental impact of our practice. The Greener Litigation Pledge is...
In 2022, the Office of the Public Guardian (OPG) registered over 770,000 Lasting Powers of Attorney (LPA), and this was an increase of nearly 10% over the number of registrations from 2021. However, the waiting times between making an application for...
Ian Quayle the Managing Editor of Property Law UK takes the opportunity to ask an experienced residential conveyancer a series of questions concerning the state of modern residential conveyancing and to share knowledge and experience with readers of Property...
What you need to know when buying a New Build Property in the UK. Buying a new build property in the UK can be an exciting venture, offering modern designs, energy efficiency, and the opportunity to be the first owner. However, purchasing a new build comes...
When it comes to travelling abroad with a child, parents often have questions about the legal implications, especially if the child has a different surname. In England and Wales, parental rights and responsibilities are primarily governed by the Children Act...
At Martin Tolhurst, giving back to our community is at the heart of what we do, and this year, we're proud to support Great Ormond Street Hospital (GOSH) as our charity of the year. Our team has rallied together in an incredible show of support, with...
Whether you are a landlord or tenant, it is sensible to seek specialist legal advice from the offset. The procedures, rules and fixed time limits surrounding this area of law can be complex. Regaining possession of a commercial premises that has a...
In a world that is becoming increasingly conscious of its environmental impact, it's vital for organisations to take meaningful steps towards sustainability. We are thrilled to share a remarkable accomplishment from our Sittingbourne office, where...
In the year to 31 March 2022, fraud became the most committed crime in the United Kingdom, with more than 4.5 million offences in a year. However, there is no evidence that the risk of fraud is being translated into police resources – fraud accounts...
Our Wills and Probate team is moving! Currently based in Gravesend offering a wide range of services including wills, probate, powers of attorney, trusts and court of protection, we are excited to announce from Monday 24 July our Wills and Probate team will...
Creating a Power of Attorney (POA) is a crucial legal step to ensure your wishes are upheld and your affairs are managed in the event of incapacitation. While it may seem tempting to make a POA online, it's essential to understand the potential pitfalls...
If you're looking to sell property in the UK, you may have considered selling at a traditional auction. But is selling property at auction right for you? In this article, we'll explore the legal implications, rules and regulations, and important...
Buying property at a traditional auction can be a thrilling and potentially rewarding experience. However, it is important to be aware of the legal implications, rules and regulations, and possible risks involved in such a purchase. In this article, we...
We are thrilled to announce that Great Ormond Street Hospital Children's Charity has been chosen as our Charity of the Year 2023/24! This decision is incredibly close to our hearts, as one of our own staff members experienced the unwavering...
Are you ready for some exciting news? Martin Tolhurst Solicitors, one of Kent's leading law firms, is proud to announce the opening of a new office in Gillingham! After months of hard work and dedication, we are thrilled to be expanding our reach and...
Getting divorced is never easy, and not something people plan for long into the future. Similarly, when spouses go into business together, they rarely consider making a commercial agreement. As a result, divorce can be even more challenging where you and...
It is important as a landlord to know your rights and responsibilities. Generally, when managing residential property, your role involves maintenance and ensuring any repair work is completed, as the property cannot have any hazards or breach any health and...
Contentious probate refers to any disputes about an individual's estate when they are no longer here. This process can be difficult for families and lead to many mixed feelings, but understanding when an estate can be contested can help answer many...
As we bid farewell to our beloved charity of the year, My Shining Star, we reflect on a remarkable journey filled with dedication and overwhelming support from our incredible staff and partners. Over the past 12 months, we have witnessed the profound impact...
Going through divorce or separation is challenging, particularly if you have children. If your children are old enough, they may also express worry, concern, or preferences about what they would like to happen. However, should your children become formally...
National Pet Month runs from April 1 - May 1 2023, and aims to promote responsible pet ownership. As a nation, we love our pets, and with more than half of households in the UK owning at least one pet, pets are a huge part of our lives for many of...
There are documents which need to be considered following the death of a shareholder of a limited company to establish how their shares will be dealt with. Articles of Association Provisions which govern what the personal representative can do with the...
A Power of Attorney is a very valuable document to have in place, allowing you to plan for the future when you can no longer make decisions for yourself. In this article, we look at why a Power of Attorney is something you should consider. What is a Power...
The speed of the sale of your business or company (or 'Target') is directly linked to how expediently the parties correspond, provide documents and negotiate terms. Mignonette Ellis highlights three stages of the transaction that commonly consume the...
Why homemovers need to tighten their trainers! Property continues to catch headlines, whether prices are up or down; city dwellers are moving to the country or back again; or how long it may take to get the keys to a new home. Following the dramatic 30%...
The benefits of having a prenuptial agreement: why every couple should consider one. While a ‘prenup’ can be difficult to discuss with your partner, and may seem unromantic to factor into your wedding planning list, it's important to...
No real surprise as Inheritance Tax receipts soar by nearly 20%. Can you limit the damage Inheritance tax does to your estate? Most economic editors in the media expressed surprise that there was a surplus in Government finances announced for January...
What is a voluntary lease extension and when might one be appropriate? A voluntary lease extension, also known as an informal lease extension, is the process of negotiation between the landlord (often the freeholder) and leaseholder (tenant) whereby...
Section 3 of the Economic Crime (Transparency and Enforcement) Act 2022, which requires the Registrar of Companies to keep a register of Overseas Entities in accordance with the provisions of the Act, came into force on the 1 August 2022. Linked to the...
We are incredibly excited to announce that our firm has been shortlisted for the UK Probate Research Awards 2023, for the Best Probate Law firm category of medium size firm. After winning this award in 2020, Martin Tolhurst is thrilled to announce that we...
Exploring the benefits of mediation as an alternative to court Mediation can be an alternative way to resolve legal disputes and has many advantages over going to court, including being faster, cheaper, and allowing the parties to remain in control and...
New year, new property? Why is January a good time to prepare to sell your property? Our new article looks at why. January is the time of the year we all start making plans for all those things we hope to achieve across the year laid out in front of us. ...
The Leasehold Reform, Housing and Urban Development Act 1993 provides qualifying leaseholders with a statutory framework to extend their lease by an additional 90 years and reduce the ground rent to a peppercorn or to collectively purchase the freehold of a...
Martin Tolhurst Solicitors has the pleasure of announcing it has successfully become an accredited member of the Association of Leasehold Enfranchisement Practitioners (ALEP). ALEP is a professional membership association of solicitors, barristers, The...
More back-tracking and a complex array of new plans announced by the Chancellor in the Autumn Statement make it essential for individuals and corporations to keep on top of tax planning implications and opportunities The autumn statement delivered by...
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