Author: Riya Sekhon

Employee privacy rights in the UK are protected under different laws and regulations, ensuring a fair balance between workplace monitoring and individual privacy. Employers must navigate these regulations carefully to maintain compliance and create a respectful work environment.

Key Privacy Protections

General Data Protection Regulation (GDPR) & Data Protection Act 2018
Employees have the right to know how their personal data is collected, stored, and processed. Employers must obtain explicit consent before processing sensitive information and ensure strong data security measures.

Monitoring in the Workplace
Employers can monitor communications, internet usage, and activities, but this must be justified, proportionate, and communicated clearly to employees. Covert monitoring is only permitted in exceptional circumstances, such as preventing criminal activity.

CCTV and Workplace Surveillance
The use of CCTV in the workplace should be necessary, proportionate, and clearly communicated. Employees must be informed about its purpose, and footage should be stored securely.

Email and Internet Use
While companies may implement policies on acceptable internet and email usage, they cannot access personal communications without valid reasons. A transparent IT policy should be in place outlining expectations and monitoring procedures.

Employee Medical and Personal Data
Employers must handle health records with strict confidentiality and only process them when necessary for workplace health and safety. Employees have the right to access and request corrections to their data.

Best Practices for Employers

• Clearly communicate data collection and monitoring policies.
• Ensure transparency and obtain necessary consents.
• Implement strong security measures to protect employee data.
• Regularly review privacy policies to align with legal updates.

By understanding and respecting employee privacy rights, businesses can foster trust, ensure legal compliance, and create a fairer workplace for all. For further advice, don’t hesitate to contact our experienced employment solicitor on imardarescu@astonbond.co.uk.

In a judgement delivered on the 14^th of March 2025, the Court of Appeal agreed with the Employment Appeals Tribunal that an Ofsted inspector was unfairly dismissed after brushing water of a child’s head during a school inspection.

In doing so, they restated important principles applying to conduct dismissals. These are important for both employers and employees alike when considering a case of potential misconduct and unfair dismissal.

1: Would an employee reasonably regard an action as misconduct?

Examples of gross misconduct are normally listed in disciplinary policies, though since these lists are not exhaustive, an employer may dismiss an employee for an action not listed.

However, in such cases, it should be considered whether the employee could have reasonably regarded their behaviour to amount to misconduct.

In the case of Hewston, the Claimant argued that there was a lack of disciplinary rules clarifying that his conduct would lead to dismissal, an argument accepted by the Court of Appeal.

2: How does an employee’s failure to reflect on their actions relate to unfair dismissal?

The dismissal letter sent to the Claimant states his ‘concerning lack of contrition’ as the reason the Claimant’s arguments could not affect the outcome of the hearing.

However, bearing in mind the dynamics of a particular situation, an individual’s temperament, and the stress of a disciplinary hearing, Underhill LJ stated that, as a general proposition, it is difficult to see how this could be enough to ‘bump up’ the seriousness of conduct.

In other words, the conduct in of itself should amount to misconduct, regardless of whether they reflected on their conduct or showed contrition.

This was particularly true where the Claimant’s conduct is not of a kind to imply ‘a real risk of serious misconduct in the future.’

3: Dismissal for misconduct based on loss of trust and confidence in an employee, or the risk of reputational harm.

Loss of trust and confidence, and the risk of reputational harm were recognised as relevant factors, but by themselves are not sufficient to justify dismissal.

This was recognised by the Court of Appeal in Hewston, who described the Employment Tribunal’s references to trust and confidence as ‘possibly misleading’ in the context of dismissal for misconduct. The reason being loss of trust and confidence cannot justify dismissal for misconduct in of itself.

The same is true for the risk of reputational harm: though a significant factor, it ‘cannot be a stand-alone basis’ for a disciplinary decision.

4: Employees’ need to be provided with all relevant documents.

The Claimant questioned the fairness of the dismissal procedure, claiming that he had been shown neither the complaint from the school nor the incident report recording the pupil’s complaint.

This was accepted by the Employment Appeals Tribunal and Court of Appeal, with the Court of Appeal’s judgement re-iterating that employees should be provided with copies of all documents relevant to anything in dispute in the disciplinary process before any decision is reached.

When planning for the future, ensuring your assets are passed on according to your wishes is essential. A well-drafted Will provides peace of mind that your loved ones will be taken care of and that your estate is handled correctly. However, the rise of unregulated Will writers in the UK has introduced significant risks that can jeopardise the validity and execution of your will.

What is an Unregulated Will Writer?

Unlike solicitors, who are regulated by the Solicitors Regulation Authority (SRA), many Will writers operate without any legal oversight. These individuals or companies offer Will-writing services without the same level of legal training, client protection, or professional accountability.

The Risks of Using an Unregulated Will Writer

Lack of Legal Knowledge and Expertise

Writing a Will involves more than just listing your assets and naming beneficiaries. It requires an understanding of complex legal principles, such as Inheritance Tax laws, Trusts, and Estate Planning. Unregulated Will writers may lack the necessary knowledge, leading to errors that can make a Will invalid or create unintended consequences for beneficiaries.

No Regulatory Protection

Regulated solicitors must adhere to strict professional standards and are required to have insurance in case of negligence. If an unregulated Will writer makes a mistake, there is usually little possibility for compensation, leaving families to deal with costly legal disputes.

Risk of Fraud and Mismanagement

Without regulation, there is no assurance that an unregulated Will writer will act ethically. There have been cases where Will writers have disappeared with clients’ money, charged excessive fees for storage, or even named themselves as executors to exploit estates for personal gain.

Invalid or Poorly Drafted Wills

A Will must meet strict legal requirements to be valid in the UK. Simple errors, such as incorrect witness signatures or ambiguous language, can result in a Will being contested or deemed invalid. This could lead to assets being distributed according to Intestacy Laws, rather than the deceased’s wishes.

No Legal Duty to Act in Your Best Interest

Unlike solicitors, unregulated Will writers are not bound by a code of conduct that prioritises clients’ best interests. This lack of accountability increases the risk of mis-selling, where clients are pressured into unnecessary or unsuitable products, such as expensive Will storage services or complicated trusts.

For any further guidance with Wills, do not hesitate to contact Aston Bond’s qualified and trustworthy Private Client team on lthomas@astonbond.co.uk and sclark@astonbond.co.uk for a complimentary initial consultation.

Following recent discussions and consultations, the UK Government have announced significant amendments to the Employment Rights Bill that could have financial and legal implications for employers and their business.

The most important changes have been listed below including what they mean for employers.

Important changes

Protection from unfair dismissal:

• The most significant change proposed has been to introduce protection against unfair dismissal from day one (compared to the current 2-year period).
• The government has proposed an ‘initial period of employment’, which would define the first nine-month period.  This allows for 6-month probation period with an extension if needed.
• Employers could rely on performance or conduct issues for dismissal; however, this cannot be applied to redundancies in this initial period.
• This will change the hiring process for employers and highlight the crucial need for performance monitoring from day one.
• A meeting would also be required before dismissal, where employees can bring trade union representation.

Fire & Rehire:

• Although the reforms do not aim to remove fire & rehire practices entirely, it would severely restrict the employer from using loopholes or exploiting the practice.  It would be unfair to dismiss an employee if;
• They decline an alteration of their original employment contract; or
• The employer intends to replace the employee under an amended contract to perform the same duties as before.
• However, if the business can show that they were acting due to financial difficulties or the employer could not have reasonably avoided this, dismissal would not be automatically unfair.

Fair Work Agency:

• A new government body to be established which will have the power to bring claims on behalf of employees.
• an employee does not have to choose to bring a claim forward themselves anymore and instead can rely on the Fair work Agency to bring forward their claims to the employment tribunal.
• The 3-month period where employees could bring their claims forward has also been increased to 6-months.
• Therefore, employers could be subject to legal proceedings brought by a well-funded government body representing employees.

Harassment

• The bill introduces a new liability on all employers in relation to protection against harassment for all staff.
• Employers will be liable if they don’t take all reasonable steps to prevent third-party harassment in the workplace.
• It is clear that this goes way beyond any reasonable steps – and standard, off-the-shelf, policies alone will not help. 
• Employers will need to provide industry and workplace specific training alongside properly drafted policies if they want to avoid a claim.
• Employers will need to act now to be ready in time.

Zero-hour contracts

• If zero-hour or agency employees meet a certain criteria, they will be offered regular hours after a review of their 12-week reference period. However, it remains the worker’s choice if they wish to stay on a zero-hour contract.
• Workers will also have the right to reasonable notice of shifts and are entitled to compensation if given short notice when a shift is cancelled or rescheduled.
• The government is yet to confirm what is meant by ‘regular hours’ and ‘short/reasonable notice’.

Flexible working

• Labour has proposed that flexible working become the default for employees.
• Employers can only deny flexible working if they can prove it is unreasonable; currently there are eight reasons to prove flexible working is unreasonable, which remain on the proposed bill.

Statutory sick pay (SSP):

• The waiting period required for SSP will be removed so that employees are entitled to SSP from the first day of sickness and those who are under the Lower Earning Limit (an estimated 1.3 million employees) will now also be eligible for SSP.

The above are just some of the many changes which will be enacted by the Bill.  Collective redundancy consultation requirements will also be increased, and Trade Union Reforms will lessen restrictions on trade union activity and increase trade union rights.

The Confederation of British Industry (CBI) estimates that the reforms could add £5 billion to business costs, which could have a damaging effect on investments, hiring decisions and overall business growth.

What’s next?

The Bill has passed its third reading and is now being sent to the House of Lords for debate.  If they propose further amendments, they will be sent back to the House of Commons.  But the Bill is likely to receive Royal Assent soon, potentially before the summer break.

This means the changes could come into force as early as autumn.

It is crucial that employers start considering how best to tackle some of the upcoming changes and putting things into place now in order to mitigate the risk factors.

For any advice in relation to this, or to request a meeting to review your current position, please contact our Head of Employment, Ilinca Mardarescu on imardarescu@astonbond.co.uk or call us on 01753 486 777.

The new Employment Rights Bill was introduced this year to protect workers. The Bill proposes significant changes in granting employee’s protection against unfair dismissal from the very first day of their employment. This marks a substantial move from previous laws where you had a qualifying period (currently 2 years) before unfair dismissal rights were given.

Understanding Unfair Dismissal

Unfair dismissal happens when an employer terminates an employee’s employment without fair reason or following the correct process.  Currently, employees need to have worked for a minimum period of two years before they could challenge their dismissal as unfair in the Employment Tribunal.

Day-One Rights

The new Employment Rights Bill proposes to eliminate the two-year qualifying period, ensuring that all employees are protected against unfair dismissal from their very first day on the job. This change aims to provide immediate job security and promote fair treatment across workplaces, but employers have criticised it and argued for a lengthy probationary period to be in-built to avoid an unnecessary burden on small businesses in particular.

Implications for Employees

Enhanced Job Security – New employees can now feel more secure, knowing they have legal protection against unfair dismissal from the start of their employment.

Empowerment – Employees may feel more empowered to voice concerns or report unethical behaviour without the fear of immediate dismissal.

Implications for Employers

Review of HR Practices – Employers will need to ensure that their dismissal procedures are robust, transparent, and compliant with the new regulations to avoid potential legal challenges.

Training and Development – There may be more emphasis on training managerial staff to handle dismissals appropriately and in line with the updated legal framework.

While the Employment Rights Bill for day-one unfair dismissal rights promises protection and fairness for employees, it also means that employers need to adapt to a more regulated workplace.

There are many more changes being proposed by the Bill, which could ultimately change employment law in this country. 

For any further guidance, please don’t hesitate to contact Aston Bond’s Employment Solicitor at imardarescu@astonbond.co.uk, or call our office at 01753 486 777.

At Aston Bond, we pride ourselves on delivering exceptional Conveyancing services across Berkshire. Our dedicated team of professionals ensures that every property transaction is handled with precision, efficiency, and a personal touch.

Meet Our Conveyancing Experts

• Christopher Tierney – Head of Conveyancing
  • Qualifying in property in 2019, he has built great relationships with clients and estate agents. Delivering proactive, solution-driven legal advice, Chris has built trust through his ability to navigate complex property transactions smoothly.
• Natasha Robert – Conveyancing Paralegal
  • Beginning her career as a Legal Secretary in 2019, Natasha is passionate about property law and takes pride in providing clients with a smooth and stress-free Conveyancing experience.
• Nicola Darby – Conveyancing Paralegal
  • Starting her Residential Conveyancing journey in 2021, Nicola’s dedication and keen eye for detail have allowed her to progress rapidly in the field. She is committed to ensuring her clients receive clear communication and expert guidance at every stage of the process.

Our Approach to Conveyancing

We understand that buying or selling a property is one of the most significant financial decisions you will make. That’s why our committed team combines dedication and a client-focused approach to make your property transaction as streamlined and stress-free as possible. Whether you’re buying your first home or selling your property, you can trust us to handle your Conveyancing needs with professionalism and care.

Client Reviews

• “Had a great experience working with Chris Tierney and Nicola Darby. Great communication and handling of the case. They helped make a complex process simple.”
• “Chris and Natasha were incredibly helpful and very efficient with the purchase of my property. Their communication was outstanding, and their experience and local knowledge allowed for completion within a couple of months including the Christmas break. I will definitely use them again should I need to.”
• “I had an outstanding experience with Aston Bond while navigating my home purchase. From start to finish, the team provided **expert guidance, clear communication, and unwavering support**, making what could have been a stressful process feel smooth and straightforward.”

Why Choose Aston Bond?

Aston Bond is an award-winning Top Tier Legal 500 Law Firm, recognised for our excellence in various legal sectors. Our personal and pragmatic approach ensures that we offer practical, clear, and sensible solutions to our clients. We believe that to practice law, we must first build a long-term relationship with each of our clients, which is why we take the time to understand the personal and professional aims of all clients for a tailored experience. At Aston Bond, our people are at the heart of what makes us different.

If you’re considering a property transaction in Berkshire, trust Aston Bond to guide you every step of the way. Contact us today on 01753 486 777 to experience our exceptional conveyancing services firsthand.

Owning a home is one of the most significant financial commitments you could make. However, despite the importance of property ownership, a surprising number of homeowners do not have a valid Will in place. This can lead to unintended consequences, financial challenges for loved ones, and legal complications. Here’s why every homeowner should make a Will.

1. Ensure Your Home Passes to the Right People

Without a valid Will, depending how you own your home the rules of intestacy may determine who inherits your home. These rules follow a strict legal hierarchy, which may not align with your personal wishes. For example, unmarried partners or stepchildren may not have an automatic right to inherit your home, potentially leaving them vulnerable. By making a Will, you can specify exactly who should inherit your property and on what terms.

2. Protect Your Family from Legal Complications

Dying intestate can lead to lengthy and expensive legal processes for your loved ones. If multiple family members have a claim on your estate, disputes may arise, leading to delays and additional stress. A clearly drafted Will provides certainty and helps avoid unnecessary legal battles.

3. Minimise Inheritance Tax Liability

A well-structured Will can help reduce the amount of Inheritance Tax (IHT) payable on your estate. The UK currently imposes a 40% tax on estates passing to non exempt beneficiaries which exceed the IHT threshold. Careful estate planning through a Will can help maximise tax-free allowances and ensure your beneficiaries receive as much of your estate as possible.

4. Provide for Young or Vulnerable Beneficiaries

If you have young children or dependents who are unable to manage a large inheritance, a Will allows you to set up trusts or appoint guardians to manage their inheritance until they are ready. Without a Will, their inheritance could be distributed in a way that does not protect their long-term interests.

5. Prevent the Sale of Your Home Against Your Wishes

If you own a home with a partner or family member, making a Will ensures that your share of the property passes according to your wishes. Otherwise, co-owners may be forced to sell the property or face legal challenges to retain ownership. This is particularly important if you own your home as tenants in common rather than joint tenants.

6. Support Charities and Causes You Care About

Many homeowners wish to leave a portion of their estate to charitable causes. Without a Will, your entire estate will be distributed according to intestacy laws, with no provision for charitable donations. Including a charity in your Will can also reduce Inheritance Tax liabilities.

7. Avoid Government Control Over Your Estate

If you die without a Will and have no eligible family members under intestacy rules, your estate could pass to the Crown under bona vacantia laws. This means the government will inherit your assets instead of friends, distant relatives, or charitable causes you may have preferred.

Despite common misunderstandings, making a Will is straightforward and affordable. Aston Bond had put together a step-by-step for how to make a Will (https://www.astonbond.co.uk/how-to-make-a-will-a-simple-step-by-step-guide/).  Consulting a Private Client solicitor ensures that your will is legally sound and reflects your intentions.

Don’t hesitate to contact our professional Private Client team on lthomas@astonbond.co.uk and sclark@astonbond.co.uk, or call our office on 01753 486 777. By acting now, you can provide peace of mind, protect your loved ones, and ensure that your home is passed on according to your wishes.

Buying a property is one of the most significant financial commitments you’ll make, and it can be incredibly stressful when things don’t go to plan. Unfortunately, property purchases sometimes fall through for various reasons, such as mortgage issues, survey problems, or chain collapses. If you find yourself in this situation, here’s what you need to know and do next.

Understand Why the Sale Fell Through

The first step is to determine the exact reason why your property purchase didn’t go ahead. Common reasons include:

• Mortgage issues – If your mortgage lender refuses to offer a loan, you may need to reassess your finances or seek alternative lending options.
• Gazumping – The seller may have accepted a higher offer from another buyer.
• Survey concerns – A negative survey report could reveal structural or legal issues that make the purchase untenable.
• Chain collapse – If another transaction in the property chain falls through, it can impact your purchase.
• Seller withdrawal – The seller may have decided not to sell, sometimes for personal reasons.

Understanding the cause can help you determine your next course of action.

Check if You’ve Lost Any Money

If your property purchase falls through before contracts are exchanged, you usually won’t be legally obligated to proceed, but you may be liable to costs, such as:

• Survey fees
• Search fees
• Conveyancing solicitor fees
• Mortgage application fees

Some of these costs may be recoverable or transferrable to a new property, so check with your solicitor and mortgage lender.

Assess Your Options

Once you know why the sale fell through, you can consider your next steps:

• Renegotiate the deal – If the issue was a bad survey or an unexpected problem, you may be able to negotiate a lower price.
• Look for another property – If the seller has pulled out or you’ve been gazumped, it may be time to resume your search.
• Seek alternative financing – If your mortgage was declined, you could speak to a broker about alternative lenders or government schemes.
• Thanks to Aston Bond’s partnership with our search provider, with us as your solicitors you’ll receive a free search pack on your next purchase if your initial purchase falls through, as long as it happens within six months.

Prevent Future Issues

To minimise the risk of a failed purchase in the future, consider:

• Using a mortgage agreement in principle (AIP) – This shows you’re a serious buyer with financial backing.
• Getting property surveys done early – Identifying issues quickly can prevent wasted time and money.
• Inquiring about chain-free properties – If possible, look for properties without a long transaction chain.
• Discussing legal protections with your solicitor – Some buyers opt for “lock-in agreements” to deter gazumping.

Consider Home Buyer Protection Insurance

To protect yourself financially, you may want to consider home buyer protection insurance, which can cover costs incurred if your purchase falls through due to circumstances beyond your control.

A failed property purchase is frustrating, but it doesn’t have to derail your plans. By understanding the reasons behind it, assessing your options, and taking steps to prevent similar issues in the future, you’ll be in a stronger position when you find your next home.

Don’t hesitate to contact Aston Bond’s skilled Conveyancing department on 01753 846 777 for expert advice.

Harassment in the workplace is a serious issue that can have legal, financial, and reputational consequences for businesses. Employers in the UK have a duty to protect their employees from harassment under the Equality Act 2010. Failing to address complaints productively can lead to Employment Tribunal claims, fines, and damage to workplace morale. We have put together a blog to outline the best practices for handling harassment claims in the workplace.

Understanding Workplace Harassment

The Equality Act 2010 defines harassments as unwanted behaviour that makes the victim feel intimidated, humiliated, and uncomfortable.   

In order to be able to claim harassment under the Equality Act, the victim would first have to fall within one of the protected characteristics such as age, sex, race, disability, religion, sexual orientation, and gender reassignment.

Harassment can then happen in many forms, including:

• Verbal Harassment – offensive jokes, slurs, or threats.
• Physical Harassment – unwanted touching, intimidation, or assault.
• Sexual Harassment – inappropriate comments, advances, or quid pro quo behaviour.
• Cyber Harassment – offensive emails, messages, or online bullying

New duties regarding Sexual Harassment in the Workplace

From October 2025, there is a new statutory duty to take reasonable steps to prevent sex harassment in the workplace.  These changes are mean that all employers will be under a statutory duty to take reasonable steps to prevent sex harassment in the workplace.  If employers fail to take reasonable steps to prevent sex harassment, then the Equality and Human Right Commission can take enforcement steps, plus any successful tribunal claim will be subject to a compensation uplift of up to 25%.

Establishing a Clear Anti-Harassment Policy and Action Plan

Employers should always implement a strong anti-harassment policy that clearly outlines:

• The definition of harassment
• Expected standards of behaviour
• Procedures for reporting harassment
• Disciplinary actions for those found guilty of harassment

This policy should be easily accessible to all employees and included in employee handbooks and contracts. Training materials should be provided for employees and managers, so that they are able to recognise and prevent workplace harassment.   

• Crucially however, what is clear is the new duties regarding sexual harassment mean that simply having in place a generic policy is simply not going to cut it any longer in terms of “taking reasonable steps” to prevent harassment.  

Employers will need to carefully draft policies relevant to their workplace and implement training and action plans (alongside regular reviews of these) to properly discharge these new liabilities.

Encouraging a Culture of Reporting and Support

Creating a safe environment where employees feel comfortable reporting harassment is essential. Employers should:

• Offer multiple reporting channels (e.g., HR, anonymous reporting systems)
• Ensure confidentiality to the greatest extent possible
• Reassure employees that retaliation for reporting harassment will not be tolerated

Ignoring or downplaying a harassment claim can lead to an Employment Tribunal claim. Employers should treat every complaint as a serious matter and act promptly to investigate.

Handling Harassment Complaints Effectively

When a harassment complaint is received, employers must act promptly and fairly. Key steps include:

Acknowledge the Complaint

• Acknowledge the complaint in writing.
• Offer support and explain the next steps.

Conduct a Thorough Investigation

• Appoint an unbiased investigator, usually from HR or an external party if necessary.
• Gather evidence, including interviews with the complainant and accused, witness statements, emails, and CCTV footage.
• Keep records of all actions taken.

Employers must follow the ACAS Code of Practice on handling workplace disciplinary and grievance procedures to ensure fairness.   The steps within an employer’s disciplinary & grievance policies should be followed to ensure compliance and enable all parties involved to know what to expect.

Take Appropriate Action

If harassment is found to have occurred, employers must act appropriately, which may include:

• Disciplinary action – a warning, suspension, or dismissal.
• Workplace adjustments – changing reporting lines, or work environments.
• Revising policies – improving training and awareness.

Even if harassment is not proven, employers should take steps to foster a respectful and inclusive workplace.

Prevent Victimisation and Retaliation:

Under UK law, employees are protected from victimisation for making a harassment complaint. Employers should:

• Reassure employees that they will not suffer negative consequences for speaking up.
• Monitor the workplace for signs of retaliation.
• Take swift action if victimisation occurs.

Failure the prevent victimisation can lead to legal claims for constructive dismissal or discrimination.

Offer Mediation (If Appropriate)

In some cases, workplace mediation may help resolve disputes amicably, but this should never be forced upon the complainant.

Preventative Measures

To minimise future incidents, employers should:

• Provide regular anti-harassment training for all employees.
• Foster an inclusive and respectful workplace culture.
• Encourage leadership to lead by example in maintaining respectful behaviour.

Legal Consequences of Mishandling Harassment Claims

If an employer fails to handle a harassment claim appropriately, the affected employee may bring a claim before an Employment Tribunal. Potential consequences include:

• Unlimited compensation in cases of discrimination claims
• Reputational damage to the business
• Increased staff turnover and loss of productivity

Addressing workplace harassment is not just a legal obligation but also a moral responsibility. By establishing clear policies, fostering a culture of respect, and responding effectively to complaints, UK employers can create a safer and more productive workplace for all. Taking proactive steps to prevent harassment and ensure compliance with UK employment law will ultimately benefit both employees and businesses alike.

For any further advice, don’t hesitate to contact Aston Bond’s skilled Employment Solicitor Ilinca Mardarescu on imardarescu@astonbond.co.uk, or call our office on 01753 846 777.

Planning for the future is essential, and one of the most responsible steps you can take is setting up a Lasting Power of Attorney (LPA). An LPA is a legal document that allows you to appoint trusted individuals to make decisions on your behalf if you’re unable to do so. Whilst no one likes to imagine a time when they might lose capacity to make their own decisions, having an LPA in place ensures that your affairs are managed according to your wishes.

What Is a Lasting Power of Attorney?

An LPA is a legal document created to give authority to someone or several people (known as “attorneys”) to act on your behalf in case you lose capacity and are unable to manage your financial affairs or health. There are two types of LPAs that you can choose to set up just one or both, depending on your needs:

• Health & Welfare LPA – Covers decisions about your personal care, medical treatments, living arrangements and life sustaining treatment.
• Property & Financial Affairs LPA – Covers decisions about your finances, such as paying bills, managing bank accounts, or selling your home should it be required.

Why Should You Set Up an LPA?

LPAs are intended to enhance your control rather than restrict it or transfer it to others. With the increasing cases of dementia in the UK, along with other serious illnesses, LPAs allow you to plan and appoint trusted individuals to make decisions on your behalf.

By having an LPA in place, you can prevent potential disputes among your family over who should make decisions for you and when actions should be taken. Differing opinions can create tension during an already challenging time. An LPA clearly outlines your chosen attorneys and your preferences, providing clear guidance.

Without an LPA, your loved ones might be excluded from making important decisions on your behalf. They may even have to apply to the Court of Protection for a Deputyship Order to be able to make decisions on your behalf. This means they would need to go through a lengthy and expensive court process to gain the right to make decisions for you if you lose capacity.

How to Set Up an LPA

Book a Consultation with a Private Client Solicitor

The first step is to contact a solicitor who specialises in Private Client law. During your initial consultation, they’ll explain the process, discuss your needs, and help you decide which type of LPA you need.

Choose Your Attorney(s)

Your attorney should be someone you trust completely. This could be a family member, close friend, or a professional such as a solicitor. You can appoint more than one attorney, and you’ll need to decide if they will act:

• Jointly – They must make decisions together.
• Jointly and Severally – They can act independently or together.

Define Your Instructions and Preferences

Working with a solicitor allows you to customise your LPA in a clear and legally enforceable way. You can outline specific instructions or preferences for your attorney, such as:

• Restrictions on selling property.
• Preferences on medical treatment.
• Guidance on investments or distributing funds.

Engage a Certificate Provider

You will need a certificate provider to confirm that you understand the document and aren’t under pressure to create it. Your solicitor can often serve as the certificate provider, streamlining the process.

Draft and Review the LPA Documents

Once all the documents are finalised, your solicitor will draft the LPA forms on your behalf. They will review these with you to ensure the information is accurate and reflects your wishes. This stage includes careful attention to any optional sections, such as preferences or instructions, which are often overlooked in DIY applications.

Sign and Witness the Documents

Your solicitor will oversee the signing process to ensure the correct order is followed, as any errors in the signing order can invalidate the LPA:

• You (the Donor) signs first, in the presence of a witness which can usually be your Solicitor.
• The certificate provider signs to confirm your capacity.
• Your attorneys sign to accept their role, in the presence of a witness.

Register the LPA with the Office of the Public Guardian (OPG)

Your LPA needs to be registered with the OPG to be valid. Your solicitor will handle this step, submitting the forms and paying the registration fee. The registration process can take up to 20 weeks, and your solicitor will keep you updated on the progress.

Receive the Registered LPA

Once the LPA is registered, the OPG will return the official document. your solicitor will provide advice on how to store it safely and ensure relevant parties have access when needed.

Setting up a Lasting Power of Attorney with the help of a Private Client solicitor ensures your wishes are clearly recorded and legally binding. While it’s an additional cost compared to the DIY approach, the expertise and peace of mind you gain are invaluable.

If you’re considering setting up an LPA, contact Aston Bond’s experienced Private Client team on 01753 486 777. By planning, you’ll be protecting yourself and making life easier for your loved ones if the unexpected happens.

For your information, we prepare Lasting Powers of Attorney on a fixed fee basis. Please see below for our costs:

• Individual Lasting Power of Attorney X 1 (Finance & Property OR Health & Welfare) – £500.00 + VAT
• Individual Lasting Power of Attorney X 2 (Finance & Property AND Health & Welfare) – £600.00 + VAT
• Couples Lasting Power of Attorney X 1 (Finance & Property OR Health & Welfare) – £600.00 + VAT
• Couples Lasting Power of Attorney X 2 (Finance & Property AND Health & Welfare) – £750.00 + VAT

There is also a further registration fee of £82.00 per application for registering the documents with the government body that manages LPAs The Office of the Public Guardian. The documents must be registered before they can be used.

There is also an additional one-off charge for fixed fee Lasting Power of Attorney files to cover our case management, archiving, and administration fees. This is £45.00 + VAT. There are no ongoing annual charges for these services, and we also offer to store your original Lasting Power of Attorney documents without any additional charge!