We are excited to announce the opening of our new office in Bangor, County Down.

In 2020, we carried out an extensive review of where our clients live geographically ie where our work comes from. It turned out that clients based in Bangor represented over 1/3 of our client base.

Since then we have been looking for the right location to open an office. Strategically placed in the heart of Bangor, our office at 114 Abbey Street will provide our clients with easier access to our range of legal services. By opening an office in Bangor, we aim to build even stronger connections within the local community and establish long lasting relationships with our clients in that area and across the Peninsula.

We are already well acquainted with the Bangor community via sponsorship of Bangor Rugby Club  and we will look to support other local clubs to contribute to the growth and well-being of the area as a whole.

For further information about us and about our new office please visit our website www.boydricesolicitors.com or feel free to call in and visit our new office.

 

We are delighted to report that Mark Green has joined our Firm as a Solicitor in the Property Department. Mark is an expert conveyancing Solicitor and brings a wealth of experience to the team. His addition will ensure that our Property team continue to provide legal advice and assistance of the highest standard to our clients.

Commenting upon Mark’s addition to the Firm, our Director Ben Wall who heads the Property Department said as follows

“The addition of Mark to our team is in keeping with continued growth in the Department over the past few years. Mark has an excellent reputation as a Solicitor in Belfast and has some experience working in Newtownards from earlier in his legal career. We will  strive to improve our service to our clients and to develop our already established relationships with local estate agents and contractors during 2022.”

Mark will be based in both our Newtownards Office and in our Belfast Office.  To contact Mark please phone the office on 02891817715 or email Mark directly mark@boydricesolicitors.com

Legal executive required to join our growing Practice in Newtownards

We are currently accepting CVs with a cover letter from legal executives/ paralegals to join our busy and expanding litigation and conveyancing teams.

The successful applicant will be based in our office in Newtownards and will work closely with two Partners.

Experience in conveyancing or litigation is desirable but not essential.

The successful applicant can expect a competitive salary and potentially a training contract if commitment and aptitude is shown.

Please ensure your CV is accurate and up to date. The CV should include your full employment history inclusive of dates, all academic achievements and full personal contact details. Please send your CV and cover letter to neil@boydricesolicitors.com

Boyd Rice Solicitors provide a full service for executors acting in the administration of estates. In the event of a death, we deal with the administration of a person’s estate, even if the will has been prepared by another firm.  Where there is no will the same general process is followed, and the person administering the estate is referred to as the administrator rather than executor.

Most people know that the executors of a will have responsibility to ensure that the wishes of the person who made that will are carried out following their death. In practice, what does that involve?

The administration process can be broken down into four main areas. The input of the executor in each area is important.

Step 1 – Identify the assets and liabilities of the estate

To administer the estate the executor must take all reasonable steps to:

• Gather all documentation regarding the deceased’s assets. This will include all bank and/or saving account details, life insurance policies and details of any investments including premium bonds.
• Obtain details of the deceased’s house, land or any other property that they owned, together with information regarding insurance.
• Identify chattels having significant value other than ordinary household goods.
• Obtain details of any gifts exceeding £3,000 per year made in the last seven years before the deceased died.
• Identify any money that may be due to the estate.
• Contact the Department of Communities on 0800 085 2463 to stop any state pension or benefit payments.
• Gather all information relating to any outstanding debts. This may include credit cards, rates or utility bills and would also include the funeral account.

Step 2 – Applying for a Grant of Probate or Administration

A Grant of Probate or Administration (where there is no will) provides the executor’s title to deal with the deceased’s estate.  Financial institutions will require sight of it before closing accounts and paying the monies due to the estate and it is also required if any property is to be sold or transferred.

The main documents to be completed in order that application for a Grant can be made are an inheritance tax account (IHT) and an oath for executor or administrator.  Various time limits apply in relation to inheritance tax.  Most importantly if IHT is payable it must be paid within six months of the  end of the month of death and a return filed within twelve months of the end of the month of death.

Once all necessary documentation has been completed, signed and sworn we will then arrange for the Application for a Grant to be lodged with the Probate Office, an office within the High Court.

Step 3 – Gathering in the assets

Once the grant has issued the executors are in a position to gather in the assets of the estate.  This will usually involve:

• the completion of forms to close bank accounts.
• application for payment to the estate of monies payable under life policies or other policies.
• the sale of shares or the encashment of investments.
• the sale of a house or land or other property.

Step 4 – Distribution of the estate

It is important to be aware that the debts, funeral and testamentary expenses of the estate must be paid in full before any beneficiaries receive their interest under the will.

Once the estate is ready for final distribution, we will prepare the estate accounts. These accounts will show the assets and liabilities in the estate, and its distribution to beneficiaries.

 

Our Role

Throughout the process of administration we will provide guidance and advice,  draft all necessary documentation, deal with any correspondence and communicate with all parties involved.  In particular:

We will provide advice on:

• The validity and interpretation of the will.
• If the deceased died intestate, the entitlement to take a grant and the devolution of the estate.
• The relevant law and Inheritance Tax.

We will also

• Obtain details of the assets from the personal representatives and take appropriate steps to value these for IHT purposes.
• Prepare IHT accounts, settle any IHT, prepare the oath and apply for a grant.
• Pay debts and realise or transfer assets.
• Prepare estate accounts and distribute the estate to the beneficiaries.

 

For further information please contact one of our Probate and Estates Team on 02891817715 or estates@boydricesolicitors.com

 

The Coronavirus pandemic has had a negative impact on various aspects of our lives. Many relationships have been affected. A recent BBC report (https://www.bbc.co.uk/news/uk-england-54117821) suggests that we are likely to see a ‘divorce boom’ as the pandemic has intensified relationship difficulties. The prospect of initiating divorce proceedings may now be a consideration for many of us. As understanding of the grounds on which divorce may be granted is a helpful starting point.

Firstly, it is important to remember that in Northern Ireland you need to have been married for at least two years before you can petition for a divorce. Your marriage must have broken down irretrievably, and your petition must be made on one of the following grounds.

Adultery

This ground can be used when your spouse has committed adultery during the time of your marriage. You must be able to prove that your spouse has committed adultery, which can be difficult to do in court if your spouse has not admitted to it. It is important to remember that if you continue to live with your spouse for more than six months after they have committed adultery, then you cannot use this as a ground for divorce.

Unreasonable behaviour

To be granted a divorce on the ground of unreasonable behaviour, you must be able to show that your spouse has behaved in such a way that you can no longer be reasonably expected to live with them. For example, if they have been verbally or physically abusive towards you, if they have alcohol or drug addictions which have made them difficult to live with, or if there is a lack of communication between you.

Desertion

If your spouse has left you for at least two years without your consent and without cause and it is clear your spouse has no intention of returning, you may petition for divorce on the ground of desertion.  This ground is rarely used because it has been largely displaced by reliance on the fact of two years separation which is explained below.

Two years separation

You can be granted a divorce if you and your spouse have lived separately for two years, provided that your spouse consents to the divorce. You can still live in the same property as your spouse for up to six months, but you must live completely separate lives for example, cooking separately and not spending any time together.

Five years separation

If you and your spouse have lived separately for five years or more, you can ask the court for a divorce on this ground. You do not need your spouse’s consent and there is therefore no defence to this ground.

No fault divorces?

There has been some suggestion recently of introducing ‘no fault’ divorces, which would allow a couple to divorce simply because their marriage has irretrievably broken down.  Many support this idea as it could reduce conflict, remove blame and simplify the divorce process. Others, however, fear it could have a negative impact on the sanctity of marriage, by making divorce too easy.  While ‘no fault’ divorces may be something seen in the future, for now divorce in Northern Ireland remains possible only on the grounds described above.

If you would like advice in relation to divorce proceedings, or any other matrimonial issues please give us a call on 02891 817715 or contact our us by email at info@boydricesolicitors.com.