Author: Ilinca Mardarescu

Since last week, P&O Ferries has been all over the headlines for seemingly all the wrong reasons. Their mass sacking of 800 staff without following the correct procedure of going through a proper consultation period, with the intention of hiring cheaper, non-UK workers instead, was met with outrage at the blatant breach of UK law.  Yet they seem set to get away with it, as government ministers and newspapers condemn the actions while simultaneously acknowledging that it seems there is little they can do.  In return, the ferry company has substantially reduced its operating costs in a matter of days, potentially saving the business many thousands of pounds.

This is not luck.

Thorough and detailed legal advice would have been sought, and a quick and comparatively cheap solution provided. This solution drew on the fact that substantial parts of the company operated in international waters or were registered overseas, minimising the influence of UK employment laws. The suddenness of the move also meant that no union action could take place to delay or draw out the process, again keeping costs down. The settlement packages offered to the employees have also proved effective, as they are reasonably generous, and the vast majority of the workers have accepted them, seeing settling as preferable to a protracted legal challenge which could leave them with nothing.

This style of approach clearly has potential advantages for companies needing to cut costs quickly, but it is undoubtedly also a high-stakes gamble. One which P&O Ferries may yet lose.

Public relations and brand image form a significant part of the worth of a company. They have a value, albeit one that is hard to quantify, and they contribute significantly to the success and failure of a company.

The public outcry against P&O Ferries has been huge, and while the company’s move has increased their money-making potential in the short term, they may well have paid for this in the long-term by sacrificing their public image. Only time will tell.

P&O Ferries may have flown too close to the sun with their dismissals. However, it is possible that had this been done on a smaller scale and attracted less public attention, it may well have flown completely under the radar, leaving the company’s brand unscathed and with a healthier bottom line.

The brazenness of their move has rightly prompted calls for a review of employment laws. As we have seen, this area is already a potential minefield for employers and employees alike, and may well change soon in light of recent events. Expert and up-to-date legal advice is therefore crucial for knowing your rights and making sound business decisions.

Under Section 9 of the Wills Act 1837, there should always be two witnesses present during the physical signing of the Will with the testator (the person who has made the Will). The witnesses would also be required to sign the Will in the testator’s presence to validate the document. These rules have been key pillars in the process of validating a Will until the Covid-19 pandemic brought about unprecedented change. As the death rates began to increase, restrictions were put in place by the government, which lead to the elderly population being forced into self-isolation. Suddenly, the need for valid Wills to be made in a timely and efficient manner became a priority.

As a result, new legislation was introduced in 2020 broadening the definition of the witnesses needing to be “in the presence of”, to include video conferencing and “other visual transmission”. This was subsequently backdated to January 2020 and kept in place until January 2022. The government has recently announced that it has extended the legislation till January 2024.

So, why has this legislation been extended when only 14% of solicitors who drafted Wills during lockdown took part in remote witnessing? According to reports from the Law Society, the option to remote witness has proved helpful amongst vulnerable people who need to set their affairs in order and cannot afford to do so in a physical capacity. This legislation was created to support those who are isolating, vulnerable or incapacitated by further restrictions, and has seemingly achieved this goal. However, “video conferencing” to witness and validate a Will is not without its complications.

One of the risks a solicitor must be aware of is that the testator could lose their mental capacity to validate the Will over time. If the testator is not in a proper capacity to sign their Will, it would be difficult to tell this through a screen. There could also be a chance that undue influence is at play by someone off-camera and out of sight during the signing. Unfortunately, there is no concrete way of confirming that the testator is alone and/or uninfluenced over a video call.

There is also a risk of documents going missing in the post. A Will is only valid once it is signed by the testator and both witnesses. If the Will is lost in the post before being signed by the witnesses it will need to be re-signed, causing unnecessary delays. If there is a delay between the testator and the witnesses’ signings, there is a high probability that the testator (especially a vulnerable person) could die before the Will is completed.

It is important to note that although video witnessing is a legal method to validate your Will, it is not the most secure. There is a potential risk of fraud. If a third party posts or delivers the Will, there is a risk they could replace certain pages or the Will in its entirety. The Ministry of Justice (MOJ) have also stressed that the “the use of video technology should remain a last resort, and people must continue to arrange physical witnessing of wills where it is safe to do so.” There are several ways in which Wills can be witnessed, such as witnessing through a window, carpark witnessing or from another room in the property.

Here at Aston Bond, we believe validating any Will is a matter of great importance and for that reason we encourage signing your Wills in person at our offices or via a home visit. It is imperative to confirm that the testator has full mental capacity and is not being coerced or pressured to sign the Will in any way. We would recommend that other options should be explored before relying on video witnessing.

For more information on making valid Wills through using video conferencing, you can check out:

https://www.gov.uk/guidance/guidance-on-making-wills-using-video-conferencing#video-witnessing

If you have any queries, please do not hesitate to contact myself at kkumari@astonbond.co.uk or Rachel Jones at rjones@astonbond.co.uk

We are extremely proud to announce that our very own Jade Gani was the winner of the Young Practitioner of the Year at the STEP awards last night.

 STEP is the global professional association for those advising families across generations.  Jade, and the private client team as a whole, have worked particularly hard during the past few years, especially during the pandemic, and this recognition is very much deserved.

The Judges said: In a very strong field, our winner stood out not only for their considerable professional accomplishments but for their selfless commitment to others through their pro-bono and charitable efforts. They devoted significant time, energy and passion to those less fortunate. During a year when many were challenged, they rose above the fray in several ways, including providing free wills for NHS staff.

The awards have been described by notable practitioners as:-

 “The very best in the private client industry – everyone appreciates that the entries are genuinely and fully scrutinised and independently and rigorously judged – worth winning in other words!” (Ceris Gardner TEP, Maurice Turnor Gardner LLP)

“The Oscars of our industry and the one all of us wish to win. Clients, staff and competitors all look to these awards as a measure of quality.” (Mark McMullen, Stonehage Fleming)

Stephen Puri, Aston Bond CEO commented:

“We are delighted for Jade. She continues to work hard and strive for the very best and this result is testament to her commitment to work and clients alike.”

We are delighted to announce that our Private Client team continue to build on their successes and have been shortlisted for two awards at the British Wills & Probate Awards 2021.

Background

Last year, our Head of Private Client, Jade Gani, won the ‘Young Practitioner of the Year’ Award at the national British Wills & Probate Awards 2020. This award was a crowning moment for our team as Jade secured the win against formidable competition from much larger, highly regarded firms, namely Shoosmiths and Morrisons Solicitors.

Since then, the department has gone from strength to strength. The team won the ‘Best Community Contribution” Award at the Probate Research Awards 2021, which recognised our dedication to the local community as well as our charity work. Ilinca Mardarescu, Director, also won the ‘Unsung Hero’ Award for all the unwavering support she provides to the department and the firm as a whole.

Jade’s national success has even extended globally as she is a finalist for the ‘Young Practitioner of the Year’ at the 2021 STEP Private Client Awards. The winner of this award will be announced via a virtual ceremony on 23 September 2021.

British Wills & Probate Awards 2021

At this year’s prestigious British Wills and Probate Awards 2021, we are excited to announce that Aston Bond have been shortlisted for ‘Probate Provider of the Year (Small Firms)’, alongside fellow shortlisters, Farewill Ltd and Sterling Trust Law Corporation Limited. Only the firms and practitioners who excel in the field will be awarded the winning spot.

The firm’s shortlisting for ‘Probate Provider of the Year’ required us to:-

1. Demonstrate the ability to deliver high standards of service and support to clients;
2. Show that they provide real benefits to clients and strategic partners;
3. Show that they work consistently to improve efficiencies and reduce costs for all parties;
4. Show innovation in developing and bringing to market new service offerings; and
5. Show they adopt the best philosophy to client integration.

In relation to Aston Bond’s nomination for the Probate Provider of the Year, Director Ilinca Mardarescu said:-

“We are so proud of everything that the whole team has achieved.  They are going from strength to strength and we feel that this is testament to their passion for the work they are doing.  They genuinely care about helping our clients in the very best way possible.”

Jade also received several nominations for Today’s Wills and Probate Industry Champion; a new category introduced this year to recognise those who have made contribution to the sector for the better. The wider sector nominated individuals outside of their own organisations and we are proud to say that Jade’s nominations were impressive enough to see her shortlisted with other remarkable members of the industry.

Every nomination had to provide the following:-

1. A demonstration of how they put their client’s interests at the forefront of everything they do;
2. Evidence of how they have excelled at dealing with the transition to a remote working environment; and
3. A demonstration that they have overcome challenges with minimal disruption to the outcome of their work.

When asked about her nomination for the award, Jade replied with the following:-

“I am a little in shock. It was overwhelming to win the Young Practitioner Award last year, but to be recognised amongst the entire industry is something I could only dream of, until now! I have looked up to Michael, Ian and Holly for a long time; seeing my name up there with them makes me feel proud of my journey and even more determined to strive to be the best I can for my team and clients. Each of them are worthy winner in my eyes.”

It is now up to a public vote to decide the winner of this category, which is open until 27^th September 2021. If you would like to vote for your chosen winner, you can do so here:- https://www.britishwillsandprobateawards.co.uk/industry-champion-award/

The winners will be announced at a hybrid event on Thursday 21 October 2021.