Wills, Probate, and Powers of Attorney Solicitors
The Wills and Probate team at Dale & Co. is here to ensure that when you make a Will your wishes are understood, and family and friends are provided for as you intended. You will be guided on Inheritance Tax and Trusts so that your assets are maximised.
Wills are personal. You can take your time, by using our free "Planning Your Will" guide. We will ensure the Will is clear - saving your beneficiaries expense and effort. Dale & Co. deals with Probate matters with care and compassion. We can guide you through the legal processes, dealing with taxes, official forms, banks and assets. We deal with Probate matters for a Fixed Fee. Call for a free appointment.
What to put in a cohabitation agreement.
What to put in a cohabitation agreement.
Dale & Co can assist you in drawing up a cohabitation agreement to set down some practical guidelines for the relationship between you and your partner. Thinking these things through early on should make things much clearer and less painful in the event of a break up.
Everyone's personal situation is different, which means that each agreement will be different. Some of the things you should consider including in a cohabitation agreement are:
- The purpose of your agreement: do you intend the agreement to be legally binding or merely a statement of your expectations?
- The length of time the agreement will cover.
- Arrangements for children: for example, arrangements for maintenance if you should separate, agreement on having contact.
- How you will treat property owned by either of you at the beginning of the relationship.
- Will property acquired during cohabitation be shared equally or in proportions set out in the agreement?
- How will you deal with debts you have at the beginning of the relationship? Consider making a statement of what each currently owes.
- Inheritance and wills - what, if anything, will you leave to each other (although it is still important that you both make a will).
- How you will resolve disagreements - for example, via professional conciliation or a named mutually agreed conciliator.
In the event of a break up however, if you are not able to sort matters out amicably, and you find you are in dispute over how to work things out, you will need to use the cohabitation agreement in a legal setting. It is a type of "contract" and it is therefore important that it meets certain legal criteria that apply to all contracts. (But remember: although courts are showing more willingness to take account of such agreements there is still no certainty that they would enforce one.)
How to make a cohabitation agreement
Your agreement is more likely to be treated seriously by a court if you follow these guidelines. The document should be:
- In writing: This shows that you intend to be legally bound and the agreement can simply state you have such an intention.
- Clear and unambiguous: You have to be very specific about your intentions. For example, if part of the agreement relates to one of you making financial provision for the other, you need to set out where the money will come from and how it will be paid. Using vague or general terms will make the agreement 'void for uncertainty'.
- In the form of a deed: This means that it is a legal document. The agreement needs to record that it is being signed as a deed in the presence of independent witnesses to your signatures; be in writing and dated.
- Be made after taking independent legal advice: This is particularly important if the terms of the agreement seem to favour one of you over the other. Otherwise, it may be argued that one of you tried to disadvantage the other unfairly.
Contact Dale & Co to arrange an appointment to discuss setting up a cohabitation agreement to protect you, your partner's and any children's interests.
Dale & Co. Solicitors Lincoln
Specialist Solicitors in Family Law, Divorce, Property, Conveyancing, Probate, Wills and Powers of Attorney.
Lincoln Solicitors Dale and Co. are dedicated to providing the very best service. We aim to understand what you want and to offer the most effective advice tailored to your needs - not ours.
Dale & Co Solicitors have served Lincolnshire and beyond since 1986; long enough to be trusted and valued, but new enough to be efficient and client-focussed. Walk into our offices to notice the difference; friendly, professional staff with practical legal help. Our dedicated legal teams offer advice regarding Family Law, Conveyancing (buying or selling your home); Wills, Probate and Powers of Attorney.
LIMITATION OF LIABILITY
LIMITATION OF LIABILITY
Dale & Co.'s liability for both contentious and non-contentious work shall be limited to £3 million unless otherwise agreed in writing. At the client’s request a higher limit of liability may be agreed by Dale & Co. subject to the client indemnifying Dale & Co. of the increased insurance premium to cover the increased risk.
UNFORESEEN ADDITIONAL WORK AND OUR CHARGES
UNFORESEEN ADDITIONAL WORK AND OUR CHARGES
We will inform you if any unforeseen extra work becomes necessary, which will increase our charges above our estimate (for example due to unexpected difficulties, or if your requirements or the circumstances change during the matter).
We will also inform you in writing of the estimated costs of any such extra work and will obtain your agreement to being responsible to pay for such costs before we undertake the same.
Cohabitation agreements
Cohabitation agreements
It is essential when setting up a home together that legal and financial affairs are put in order by getting a cohabitation agreement and Wills drawn up through a solicitor. A cohabitation agreement can be tailored to the individual couple's situation, but should set out, for example, how the property ownership is to be shared, how the parties' income is to be utilised, i.e. either pooling resources or maintaining separate accounts and provisions for changes in the future to the agreement should it be necessary.
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Dale & Co. Solicitors were founded in 1986 in Lincoln City Centre offering sensible legal solutions. We have grown by responding to the needs of our clients with integrity and good manners. Dealing with the law can be daunting - we make every effort to ensure it is never a trial with us.
You need every confidence when you consider any legal process - to buy property, make a Will or Divorce. Call in and see us; meet someone from the team who will support you. Have a fresh coffee and help yourself to our free guides to understand more about our services. We are confident you will like us - we offer a first consultation free.
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