• Doncaster

    01302 327 136
    Mon-Fri 9-5pm

  • Retford

    01777 703 100
    Mon-Fri 9-5pm

  • Worksop

    01909 500 511
    Mon-Fri 9-5pm

  • Clowne

    01246 810 050
    Mon-Fri 9-5pm

  • Rotherham

    01709 375 561
    Mon-Fri 9-5pm


  • Sheffield - Waterthorpe

    0114 251 1702
    Mon-Fri 9-5pm

  • Sheffield - Chapeltown

    0114 246 7609
    Mon-Fri 9-5pm

'Personal Law' Category Archives

September 18th, 2019

Property and Conveyancing Solicitors for the South Yorkshire Region

At Foys, we have years of expertise in property law and offer our advice on a range of property matters. The legal details of property law can be complex – our experienced property and conveyancing solicitors can help you understand the legal details and support you with issues that may arise.

The property matters that we can assist with:

• Buying and selling properties
• Renting and letting properties, including buy-to-let
• Declaration of Trust (Deed of Trust)
• Buying a council house (Right to Buy)

For more information regarding how we can help you, check out our recently updated ‘Property and Conveyancing Solicitors for the South Yorkshire Region’ page. Here we explain in depth the mentioned areas of law that we cover.

Contact Foys Solicitors for advice on Property and Conveyancing today

We strive to ensure we exceed the needs of our clients and offer a FREE initial consultation so we can discuss your situation and assess your case.

To book an initial free consultation or to find out more about our Personal Injury services, call us on 01302 327136. Alternatively, you can send us a message via our Contact Form.

September 11th, 2019

Wills, Trusts and Probate Law

At Foys, our dedicated team of expert Will and Probate solicitors can support you in all the complex legal details surrounding Wills, trusts and probate law.

The importance of writing a Will is often overlooked. We cannot predict tomorrow and the consequence of not having a Will can be devastating for your family when the time comes. We recognise that it can be a difficult matter to approach therefore our expert Will and Probate solicitors are here to help you understand the legal ins and outs of the procedure. We will support you throughout the process and ensure your needs are met.

Our Wills, trusts and probate team can assist you with the following:
• Making a Will
• Setting up a Trust
• Probate
• Letters of Administration
• Lasting Powers of Attorney

For more information regarding how we can help you, check out our recently updated ‘Wills, Trusts and Probate Law‘ page. Here we explain in depth the mentioned areas of law that we cover.

Contact Foys Solicitors for advice on Wills, trusts and probate law today

To book an initial free consultation or to find out more about our Wills, trusts and probate services, call on 01302 327136 to book your FREE initial consultation. Alternatively, you can send us a message via our Contact Form.

September 4th, 2019

Family law solicitors

Family law solicitors in LondonAt Foys, our family law solicitors understand the importance of legal family matters and are committed to ensuring the best solutions for you and your family.

Family law can be complex as it covers a wide range of legal issues that address different matters. Therefore, it is important to understand the details involved in order to ensure the outcome you desire. We understand the stress and confusion such issues may cause, therefore, our experienced family team take a sensitive approach to help you understand the legalities.

We will support you through the difficult times and on your journey to securing a better future for you and your loved ones.

Our family team can advise and assist you with the following:

  • Divorce
  • Collaborative law
  • Civil partnerships
  • Separation agreements
  • Premarital agreements
  • Cohabitation agreements
  • Financial matters
  • Domestic abuse and injunctions
  • Children’s legal matters
  • Change of name

For more information regarding how we can help you, check out our recently updated ‘Family Law Solicitors‘ page. Here, we dive deeper into the areas of family law that we cover.

Contact Foys Solicitors for sound advice on family law today

To book an initial free consultation or to find out more about our family law services, call Foys’ family law solicitors on 01302 327136 to book your FREE initial consultation. Alternatively, you can send us a message via our Contact Form.

July 17th, 2019

Employment solicitors for employees

Employment law for employeesYou can rely on our employment experts for employees for advice and support in protecting your career and employment rights.

We believe that every employee should have the ability to protect their employment rights and safeguard their career. That’s why we provide employees in need with reliable and sound legal advice regarding employment law.

To ensure that we provide our customers with reliable information on how we can help, we’ve updated our ‘Employment Law for Employees’ page.

On this page, you will find out how we can assist with:

  • Unfair or constructive dismissals
  • Discrimination
  • Redundancy
  • Settlement agreement
  • Change of contractual terms
  • Disciplinary and grievance hearings
  • Breaches of contract
  • Bullying and harassment at work
  • Retirement

Contact Foys Solicitors for employment law advice for employees

For a free initial consultation and a discussion on how our employment law services can help you, call us on 01302 327 136 today. Alternatively, you can fill out our Contact Form or email us at enquiries@foys.co.uk.

June 5th, 2019

The danger of DIY Wills

Research conducted by Royal London in 2018, the largest mutual insurer in the UK, revealed that more than half (54%) of the adult population do not have a Will.

The danger of not having a Will in place or even attempting to write your own Will can have devastating consequences for your loved ones left behind.

Employing a solicitor to assist with the Will writing process is an option that most people take, ensuring that their last wishes are carried out. However, with the accessibility of DIY Will toolkits and templates, it is useful to know the risks before opting to do it yourself.

Potential pitfalls of a DIY Will

It is said that the number of inheritance disputes has risen drastically in 2019 – and DIY Wills are mainly to blame. Without the guidance of an experienced solicitor, a DIY Will is likely to feature mistakes or omissions, leaving your family to argue over your possessions and property.

To write a Will, you must be over 18 and have the mental capacity to understand the outcome of the document you are signing. If you made a Will without having the mental capacity, your family could challenge the validity of your Will down the line.

It is unlikely that a DIY Will can accommodate the changing of your circumstances. If you have a Will in place but are going through a divorce and plan to remarry, any Will that you have previously implemented will no longer be recognised.

What is a Will, and why should a solicitor help me write one?

A Will is an important legal document, encompassing how you want your estate (property, possessions and finances) to be distributed among your family members after you have died. This legal document includes the name of your executor(s) who will manage the distribution of everything that you have left behind.

Without a Will, the laws of intestacy apply, meaning that your estate will be distributed according to the rules of intestacy. This situation could result in stress and pain for your family, and your assets will not go to the people you had in mind.

By employing a dedicated and experienced solicitor to assist you with writing your Will, you can ensure that this will not happen. At Foys, our solicitors have decades of experience with Will writing, and you can rest assured that your wishes after death will be respected.

What does writing a Will entail?

The legal and correct process of writing a Will does not need to be complex or lengthy. With Foys, we will guide you every step of the way, and help you with understanding the value of your assets before determining how they should be divided.

A valid Will needs to:

  • Be in writing, signed by you and witnessed by two people.
  • Have been written by you while you had the mental capacity to make and understand the effect of it.
  • Be made by you voluntarily, and without any pressure or coercion from another person.
  • Be completely free of errors and transparent as to what your requests are.

Common mistakes on a DIY Will

Understanding the legal ins and outs of a Will can pose as a problem to many people who have not sought professional advice. It is critical that the language used within your Will is concise and clear. Even the smallest error in your Will could result in the courts having to interpret it or the document being deemed invalid.

The top five common mistakes include:

  • Incorrectly signed and witnessed: your Will needs to be witnessed by two people who are present at the time of your signing for it to be legally binding. These witnesses must be UK citizens, 18 years or older and not be named as beneficiaries in your Will or married to someone who is.
  • Omitted assets: by forgetting to mention an asset in your Will, such as a property in another country, means that the court will have to deal it with.
  • Out of date: any deaths, births or marriages in your family should prompt you to update and edit your Will.
  • Not making proper exclusions: you need to provide a letter alongside your Will explaining why you have excluded anyone that has a legal claim to your estate.
  • Inappropriate executors: an executor will be considered inappropriate if they are under 18, do not feel capable of accepting the responsibility or live overseas.

Foys Solicitors can be trusted with writing your Will

With the assistance of Foys team of dedicated Wills and Probate solicitors, the experience of writing your Will is made significantly more straightforward and affordable. We offer competitive fixed standard fees for our services, safeguarding your wishes and putting you and your family at ease.

We do not want legal fees to deter you from protecting your interests in the future, so we offer a FREE initial consultation. This allows us to determine the best course of action and understand how we can help you.

To get in touch simply fill out our Online Form or call your local Foys Solicitors office:

If you found this interesting, check out:

This post is not legal advice and should not replace professional advice tailored to your specific circumstances. It is intended to provide information of general interest about current legal issues.

May 29th, 2019

A guide to making a traffic accident claim

Thanks to improved road safety and measures addressing reckless driving, the overall number of fatalities and road casualties has been in decline for two decades in the UK.

The latest report published by the UK government in April 2018 indicates that there were 181,384 accident casualties recorded in 2016, of which 1,792 (1%) were fatal and 179,592 (99%) were non-fatal. While a big portion of non-fatal injuries didn’t require hospital admission, some suffered life-changing injuries which require ongoing medical treatment and rehabilitation. If the accident involves a death, the injuries can also extend to emotional trauma.

If you have been the victim of a traffic accident within the last three years, you may be entitled to claim compensation. The conditions and causes surrounding a traffic accident are different for every case, and the process of claiming compensation can be lengthy and complicated. This is why it is best to speak with one of our specialist personal injury solicitors and we will do everything in our power to help you obtain the finances needed for your recovery.

How to make a traffic accident claim

After you have contacted one of our expert solicitors, we will analyse the details of your accident and determine who exactly was responsible for your injuries, or who was the negligent party. When the person responsible has been identified, we will work tirelessly to get an admission of fault. In some cases, this will result in an early compensation payment known as an interim payment, which can cover the costs of urgent medical treatment or other needs.

To claim an interim payment, the insurance company, which covers the negligent party responsible for the accident, must accept liability. By accepting responsibility, they are also recognising that their policyholder was responsible for the accident and will pay your compensation. After this has been decided, our personal injury solicitors, acting on behalf of you, can apply for an interim payment. Although this sum will be deducted from your final settlement, it can alleviate any current financial issues.

In the majority of cases, the amount of compensation you receive will be agreed with the other party. If the person will not admit fault, or the value of your claim cannot be agreed, your case could go to court where we will guide you through the process. The amount of compensation you receive will also depend on the nature and severity of your injuries, as well as any costs or losses you have experienced as a result. To establish the details of your case, discuss the following with one of our personal injury solicitors:

  • Details of the accident
  • Contact details for any witnesses
  • Details of injuries, medical diagnosis and treatment received

During the claims process, you will need to undergo a medical examination, determining the impact and degree of your injuries. A medical expert will review your current medical status and how your injuries have impacted your work and quality of life. This information can be used in the court as evidence. In the event of a catastrophic injury, that’s an injury with serious lifelong altering consequences, we will work with you to establish the followings:

  • Proof of loss of earnings and other financial expenses due to your injury.
  • Any evidence that can be used to support your claim, including documents from before your accident or previous accidents in similar circumstances.
  • Documents relating to any insurance policies you have, such as motor or household insurance, to see if these will cover the legal costs of your claim.

With the introduction of the CE-File system, an electronic filing and case management system, the claims process is now a lot speedier. Solicitors and insurance companies can engage with ease due to the digital exchange of documents.

When should you make a traffic accident claim?

You have up to three years to make a claim for your traffic accident, but we recommend contacting an experienced personal injury solicitor as soon as possible. There are exceptions to the three-year time limit for making a claim, including:

  • Road traffic accidents abroad: Time limits in other countries outside the UK can vary. Depending on the circumstances surrounding your accident, you may still be able to claim under UK law.
  • Mental capacity: If a family member lacks the capacity to make a claim.
  • Criminal injuries: If your injuries were a result of a deliberate act, you could make a claim through the Criminal Injury Compensation Authority. In a case like this, there is a time limit of two years from the date of the accident.
  • Children: Before your child turns 18, a claim can be made at any time if they were affected by the accident. Following that, your child can make a claim until the age of 21.

How much compensation will you receive?

The amount of compensation you can receive from a claim is based on the nature and the extent of your injuries, as well as any losses or costs you have incurred in the process. The amount of compensation you could claim is based on:

  • Medical and travel expenses
  • Current and future loss of earnings
  • Mobility aids
  • Pain and suffering
  • Care and support needs

As your personal injury solicitor, we will fight to ensure that you receive the maximum compensation, allowing you to move forward with your life.

How can we help you to make a traffic accident claim?

As specialist personal injury solicitors with offices in Doncaster, Retford, Worksop, Clowne, Rotherham, Sheffield-Waterhorpe and Sheffield-Chapeltown, we have years of experience with successfully obtaining compensation for our clients. We also have the knowledge and specialised skill set to assist you throughout the claims process, offering you unwavering support and guidance.

We do not want the cost of legal fees to deter you from making a claim, so we offer an initial FREE consultation. This allows us to understand the details of your accident and advise as to whether you should proceed with your traffic accident claim. To get in touch simply fill out our Online Form or call your local Foys Solicitors office:

If you found this interesting, check out:

This post is not legal advice and should not replace professional advice tailored to your specific circumstances. It is intended to provide information of general interest about current legal issues.

January 23rd, 2019

Dealing with workplace stress – Can you take sick leave?

Workplace stress - can you take sick leave?Labour force surveys in 2018 showed that 595,000 workers in the UK suffer from work-related stress, depression or anxiety. If you think that you may be experiencing workplace stress, hear what the employment solicitors at Foys have to say on what your rights are, and what steps you can take with regard to your employer.

What is workplace stress?

While every job comes with some level of pressure, workplace stress is any type of harmful reaction people experience from excessive demands placed on them at work. It can cause mental and physical problems like anxiety, depression, chronic fatigue or insomnia. When employees try to relieve the stress with alcohol, cigarettes, tranquillisers or other drugs, more serious health issues may arise. They may suffer ailments like heart disease or ulcers if the stress persists. Some factors that can trigger workplace stress include:

  • long hours and shift work;
  • lack of control or insecurity;
  • lack of job satisfaction, boredom or isolation;
  • hostile superiors or colleagues;
  • poor working environment such as noise, overcrowding and poor facilities;
  • low pay.

What are your employer’s responsibilities in regard to work stress?

While there is no specific law addressing workplace stress, employers are responsible for the general safety and well-being of their employees at the workplace under the Management of Health and Safety at Work Regulations 1999 Act as well as under common law. This means that they have an obligation to:

  • identify foreseeable risks to the employee’s health;
  • prevent harm to their health that can be predictably caused by work;
  • consider any physical or mental disability that has a substantial or long-term effect on the employee’s ability to work.

All these legal obligations should cover an employee’s workplace stress problems, but you will need to bring your situation to the attention to your employer as soon as possible. Unless it is obvious, you should not assume that your employer is aware of your difficulties, and this may weaken any claim you may make against them in the future.

Steps you can take to address workplace stress

  • Speak to HR or a line manager. Do keep written or electronic records of your requests, even though you are at an informal stage. This will count towards evidence that you have brought your problem to the employer’s attention.
  • Seek clarification on your exact roles and responsibilities. This will help ascertain whether you are working in excess of the scope that your position calls for.
  • Ask for training or support for your overload at work.
  • See if new channels of communication or reporting structure can be set up. Regular work meetings may help here.
  • Failing all the above, file a formal grievance in accordance to the organisation’s HR policy.
  • Request a flexible working arrangement if this will alleviate your stress at work.

Your rights and remedies under the law:

  • Sick leave – If work stress is negatively affecting your health, you may want to visit a General Practitioner (GP) to apply for sick leave. You are legally entitled to Statutory Sick Pay (SSP) for a period of up to 28 weeks from your employer.
  • Personal injury claim – If you can demonstrate that you have suffered a recognised psychiatric illness such as clinical depression, as a result of work stress alone, you may bring a personal injury claim against your employer for failing in its duty of care to provide a safe work environment.
    In the event that you resign from your job as a consequence of workplace stress, you may bring a claim of ‘constructive dismissal’ where the employer was in breach of the terms of contract to provide a safe workplace.
  • Non-work related stress – If the source of your stress comes from outside the workplace, such as relationship problems, bereavement or physical disability, you should notify HR or your line manager. If the stress is serious enough to classify as a “disability”, you may qualify for protection under the Equality Act 2010, where the employer must make reasonable adjustments in the workplace to accommodate your condition.

Foys can help with employment law

If workplace stress takes a heavy toll on your well-being, you may choose to agree on a mutual termination of your employment on suitable financial terms with your employer. It is recommended that you seek professional advice from a qualified employment solicitor such as Foys before taking this step, as you are very likely to be asked to sign a settlement agreement setting out the full terms binding the two parties.

To find out how we can help you, fill out our Online Form – or call your local Foys Solicitors office:

  • Doncaster – 01302 327 136
  • Retford – 01777 703 100
  • Worksop – 01909 500 511
  • Clowne – 01246 810 050
  • Rotherham – 01709 375 561
  • Sheffield (Waterthorpe) – 0114 251 1702
  • Sheffield (Chapeltown) – 0114 246 7609

This post is not legal advice and should not replace professional advice tailored to your specific circumstances. It is intended to provide information of general interest about current legal issues.

January 16th, 2019

Employment Law – Statutory shared parental leave

Parents on shared parental leaveTraditionally, only a mother who has given birth has the option to take paid time off work to look after a newborn. But with Shared Parental Leave (SPL), eligible parents of all newborns and adopted children born or adopted on or after 5 April 2015 can spend quality time with their child in those exciting first few months. Our employment solicitors explain exactly how shared parental leave works.

Understanding shared parental leave

Shared parental leave allows a second person (a married partner, a civil partner or partner to the mother) to share 50 weeks of additional leave, which would have otherwise only be used by the mother as maternity leave.

It is worth mentioning that shared parental leave does not change the existing maternity and paternity leave. For example, it does not replace the two weeks of leave that a mother who has given birth receives following the birth of her child (four weeks for factory workers). It also does not change the one or two weeks’ paid paternity leave. However, it does replace ‘additional’ maternity and paternity leave.

The 50 weeks of shared parental leave – of which 37 weeks is paid – are only applicable to parents who meet the eligibility criteria, and can only be used during the first year of the child’s birth or adoption.

Why does shared parental leave matter?

The law reflects the modern roles of women and mothers, allowing them the choice to return to their careers earlier if they want to, giving the new dads a greater share of childcare. It is designed to let two people ‘take turns’ in looking after a newborn, or helping an adopted child adapt to the new surroundings and familial structure.

At present, the UK government is trying to raise awareness of shared parental leave, as current statistics show that less than 10,000 parents used the scheme in the last tax year. Experts argue that the low uptake is indicative of the gender pay gap. This may be due to many families relying on the higher income of men, which would likely lead to a significant reduction in household income if shared parental leave was used – thus making it an unappealing option when compared to maternity leave.

How it works

The parents are able to split up the 50 weeks of leave and up to 37 weeks of pay between each other in a flexible manner.

For example, a mother may want to return to work after 16 weeks of maternity leave (equating to two mandatory weeks + 14 additional weeks). This would leave 36 weeks of leave which can be shared between the mother and her spouse/partner.

This flexibility allows, for example, the mother to return to work if there is a busy period expected in her workplace without having to worry about the care of the child during that period.

It is worth noting that not all leave has to be taken in one block. Rather, parents can book up to three blocks of leave during the child’s first year – but they must give employers at least eight weeks’ notice before any block of leave to ensure that the request is not rejected.

Eligibility

This is where things can get a bit complicated as there is different criteria for birth parents and adoptive parents.

For birth parents, this gov.uk page lists three scenarios: both parents want to share the SPL and ShPP (Statutory Shared Parental Pay), the mother wants to take the SPL and ShPP, or the mother’s partner/spouse wants to take the SPL and ShPP.

For adoptive parents, they must show that they share responsibility for the child and meet the work and earnings criteria as listed on this gov.uk page.

Self-employed fathers aren’t eligible for shared parental leave. However, a self-employed mother who qualifies for maternity allowance (up to £140.98 a week for 39 weeks) can use the maternity allowance or exchange it for shared parental leave and pay for her employed spouse/partner.

Can your employer refuse your request for shared parental leave?

If you are a new parent and plans to take shared parental leave, you must give your employer eight weeks’ notice. If an employee requests leave for one continuous block or period of time, the employer cannot dispute or deny this – even if that period happens during an inconvenient time for the employer.

However, if an employee requests their leave in multiple blocks (examples: one week in May, two weeks in June and one week in August), the employer can refuse the request and suggest dates that are more suited.

If you feel that you have faced shared parental leave discrimination or have been unfairly dismissed due to shared parental leave, use our free initial consultation to talk to us about your situation today.

Returning to employment after shared parental leave

As an employee, you have the right to return to the job that you have left, although it doesn’t mean that role remains the same. In your absence, the company may make some changes to your role and you may return to a new set of responsibilities.

Contact Foys today

At Foys, our team of employment solicitors have helped many employees with their employment rights throughout South Yorkshire.

Get in touch using our Online Form – or call your local Foys Solicitors office:

  • Doncaster – 01302 327 136
  • Retford – 01777 703 100
  • Worksop – 01909 500 511
  • Clowne – 01246 810 050
  • Rotherham – 01709 375 561
  • Sheffield (Waterthorpe) – 0114 251 1702
  • Sheffield (Chapeltown) – 0114 246 7609

If you liked this, you might also like:

This post is not legal advice and should not replace professional advice tailored to your specific circumstances. It is intended to provide information of general interest about current legal issues.

January 9th, 2019

Drug-driving laws

On 2 March 2015, a new drug driving law came into force in England and Wales, making it illegal to drive when over a particular limit for controlled drugs, illegal drugs or even on certain medications.

To enact this legislation, police officers can perform tests at the roadside to determine if any drugs are present in a person’s system, and may follow this up by performing a forensic analysis of blood samples (taken at a police station) to establish the exact drug, and its quantity, in the bloodstream.

Offenders under this law will face a minimum 12-month driving ban, an unlimited fine, up to six months’ imprisonment and have a criminal record. If you have been charged with drug driving offences under Section 4 and Section 5A of the Road Traffic Act 1988, contact one of our motoring offence solicitors on our 24-hour helpline 07980 288 920 immediately to ensure you get the appropriate legal advice and representation.

Affected drugs and their limits

A total of eight generally prescribed and eight illegal drugs were listed with the introduction of regulations on 2 March 2015, with regulations on amphetamine arriving on 14 April 2015. Each drug has a specified limit. If a driver is found to be driving while over the specified limit for one of the listed drugs, then they face being arrested and charged under Section 4 and Section 5A of the Road Traffic Act 1988.

The eight illegal drugs where there is a ‘zero tolerance approach’ with limits in microgrammes per litre of blood (µg/L) are:

  • Benzoylecgonine: 50µg/L
  • Cannabis (or Delta-9-tetrahydrocannabinol): 2µg/L
  • Cocaine: 10µg/L
  • Heroin (or 6-monoacetylmorphine): 5µg/L
  • Ketamine (known as ‘K’ or ‘Special K’): 20µg/L
  • LSD (or Lysergic acid diethylamide): 1µg/L
  • MDMA (or Methylenedioxymethamphetamine): 10µg/L
  • Methylamphetamine (known as ‘Crystal Meth’ or ‘Ice’): 10µg/L

The eight medicinal drugs where there is a ‘risk-based approach’, with limits in microgrammes per litre of blood (µg/L), include:

  • Clonazepam: 50µg/L
  • Diazepam: 550µg/L
  • Flunitrazepam: 300µg/L
  • Lorazepam: 100µg/L
  • Methadone: 500µg/L
  • Morphine: 80µg/L
  • Oxazepam: 300µg/L
  • Temazepam: 1,000µg/L

There is a separate approach to amphetamine, due to it being found in a number of medicines, and the limit in microgrammes per litre of blood is 250µg/L.

Driving under the influence of drugs can be dangerous as they can affect your mind and body in many ways for hours or even days after taking them. A drug-driving offender may hallucinate, seem confused, become aggressive, and exhibit other symptoms that affect their driving ability. With the introduction of the drug driving law, police in England and Wales now use ‘drugalysers’ to check for cannabis and cocaine by using a simple mouth swab.

Defending drug driving charges

There is a defence for someone over the legal limit but who has been taking drugs in accordance with a medical or dental direction and whose driving has not been impaired as a result. The key is to talk to our motoring offence solicitors and get the appropriate legal advice as soon as it happens.

Drug driving and your career

A conviction on drug driving normally leads to a driving ban, a fine, up to six months’ imprisonment and a criminal record. As a result, you are likely to see an increase in your insurance costs and possibly a termination from your employer if driving is part of your job or if you need to drive to work.

However, if driving isn’t part of your job and your company doesn’t have a policy relating to drug driving, then your employer is not likely to let you go.

Get drug driving advice from Foys

Our motoring offence solicitors are specialists in drug driving. To find out how we can help you, fill out our Online Form – or call your local Foys Solicitors office:

  • Doncaster – 01302 327 136
  • Retford – 01777 703 100
  • Worksop – 01909 500 511
  • Clowne – 01246 810 050
  • Rotherham – 01709 375 561
  • Sheffield (Waterthorpe) – 0114 251 1702
  • Sheffield (Chapeltown) – 0114 246 7609

This article was first published on 01/04/2015 and updated on 09/01/2019.

This post is not legal advice and should not replace professional advice tailored to your specific circumstances. It is intended to provide information of general interest about current legal issues.

December 19th, 2018

What is a Declaration of Trust?

Declaration of TrustIn many situations when two or more people to buy a house together, they split the price equally. However, there are some cases where one person may pay more than the other(s) and want a proportionally bigger share of the property as a result.

In these cases, the best way to accurately reflect how much each tenant owns is by creating a Declaration of Trust. In this post, our experienced conveyancing solicitors explain what a Declaration of Trust does and whether you need one.

What is a Declaration of Trust and what does it do?

A Declaration of Trust is a document that establishes true ownership of a property with two or more owners, and sets out financial arrangements and procedures should the ownership arrangement change. It also covers anyone who has a financial interest in the property, such as parents who have helped to buy a property but do not want to be listed as owners. Under the Trustee Act 2000, a Declaration of Trust is legally binding, and allows an individual to be treated as the owner of a property even if they are not listed on the land registry. In essence, it’s a ‘just in case’ document; it sets out what will happen should the current arrangement change, and prevents any arguments about who owns what, or how much money one owner is owed compared to the other.

A Declaration of Trust is typically used by joint owners to decide who gets what if their partnership doesn’t work out. As a result, it confirms how much of a property each owner is entitled to, and sets out the exact details of the purchase arrangement.

Other things a Declaration of Trust can cover include:

  • How much each person must contribute to the mortgage, and how it will be paid off.
  • How the value of the property will be split should it be sold, and procedures to govern the sale if the relationship breaks down.
  • How to divide payments such as council tax, household maintenance, insurance and damages.
  • Provisions if one owner wishes to pay the other owner for their half of the property, and provisions for any children if this occurs
  • An adjustment mechanism if one party pays above what they would normally for a period of time.

Who should get a Declaration of Trust?

New homeowners often use a Declaration of Trust. This is because it acts as a legal and permanent testimony to their ownership of the property, showing exactly how much they have paid and what they own as a result. A Declaration of Trust can be used by both joint tenants and tenants in common.

It’s also a useful option for cohabiting couples, as cohabitation agreements are not always legally binding – something that can lead to arguments if the relationship ends. A Declaration of Trust is legally binding and clearly states who owns what, preventing arguments over who is entitled to the property.

Contact Foys today – we can help you make a Declaration of Trust

Making a Declaration of Trust isn’t always simple, mainly because you need to think of every single eventuality. Whether you’re looking at a personal or commercial property, getting expert help is vital. At Foys, we have many years of experience drafting these Declarations, and our expert conveyancing solicitors can help you plan for the future, no matter what it entails.

To find out more, get in touch using our Online Form, or contact your local office:

Doncaster – 01302 327 136
Retford – 01777 703 100
Worksop – 01909 500 511
Clowne – 01246 810 050
Rotherham – 01709 375 561
Sheffield (Waterthorpe) – 0114 251 1702
Sheffield (Chapeltown) – 0114 246 7609

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