Compensation Protection Service

Wrigleys Solicitors LLP is a market leader in 'asset protection' type issues for the private individual. That naturally involves a large amount of property related work.

Amongst other things it also includes dealing with complex wills, trusts, inheritance tax, administration of deceased's estates, disability planning and elder care.

As we are specialists in our field we are usually recommended by other professional people who have experience of using our expertise. They are probably our best judges.

Wrigleys Solicitors LLP is also highly rated for its ability to meet the needs of its clients in the independent Chambers and Legal 500 guides for clients.

The Specialist Trust Property Service is a specialist unit within Wrigleys Solicitors LLP based at our Sheffield Office.

Its very name acknowledges that property related work is often far from the 'push button' call-centre type legal service it is sometimes hailed as being.

We are happy to carry out straightforward work but also have the ability to go well beyond that as necessary.

That may be because:

The title to the property is complex:

• Problematic (for example the title is defective or the paperwork is missing).

• Very involved (for example long chains, leasehold or covenants apply).

The circumstances are complex:

• The person needing to effect a transaction may need to consider inheritance tax or other similar issues.

• There are trustees involved. They have particular legal duties to fulfil.

• A mentally incapable or other vulnerable person may be involved. Third parties may need to act for them in accordance with Court rules.

Standardised processing of property matters has its place:

• We standardise as much as we can. That helps save our clients money. 

• We recognise that many properties and sets of circumstances are not standard.

Many situations are complex and that is why the Specialist Trust Property Service has been set up to deal with these issues.

The Specialist Trust Property Service was created to deal with property related issues relating to:

Gifts

Transfers into trust for:

• Tax planning

• General asset protection

• Disposals arising upon death

Due to the demand for specialist services involving vulnerable people we have developed expertise in the fields of:

• Sales and purchases under the authority of the Court of Protection

• Sales and purchases under the authority of Lasting Powers of Attorney

These services are all frequently used by:

• Individual clients

• Trustees

• Carers and other appointees of vulnerable people

• Other firms of solicitors

We can help you with all aspects of:

• Sales

• Purchases

• Transfers and other changes of ownership

• Adjustments of entitlement in property

• Assents (following a death)

• Leasehold title including enfranchisement and extension of residential long leases

• Private mortgages

• Remortgages

• Equity release arrangements

• First registration applications

• Rights of way

• Rights of drainage

• Claims for 'adverse possession'

Individual clients, appointees of vulnerable people and other firms of solicitors selecting the services of our 'Compensation Protection Service' which helps to protect awards of compensation for personal injuries can now also benefit from our property related expertise.

The specialist knowledge of the unit enables relevant property transactions to be carried out competently and effectively in the context of trust administration. The work is often closely overseen by the professional trustees of a relevant Compensation Protection Trust (Personal Injury Trust or Disabled Trust) or other professional Court appointee (such as a Receiver or Deputy).

Good communication and consultation between our property solicitors and the administrators of any Compensation Protection Trust (Personal Injury Trust or Disabled Trust) or Court of Protection appointees ensures that all parties are fully informed and advised of the progress of property transactions.

Practical factors to consider include:

• Choosing an appropriate location to suit the beneficiary/vulnerable person and others who may be moving in with them/living close by.

• Ensuring the size and space offered by a property is appropriate to accommodate the beneficiary/vulnerable person and those who may be living with them.

• Selecting a property with adequate facilities including storage and carers' accommodation.

• Considering the ability to extend or carry out substantial alterations to an existing property or initiating the process for the construction of a new build property to be built to specification.

Legal factors to consider include:

• Obtaining the trustees' agreement to the transaction. The trustee or appointed person can only give consent if what is proposed complies with their duties to the beneficiary/vulnerable person.

• Obtaining the consent of the Court of Protection to the acquisition or disposal of a property for a vulnerable person.

• Registering a restriction in favour of the Court of Protection at the Land Registry.

• Obtaining the required legal consents such as planning permission and building regulations approval for adaptations or for the construction of a new property, including liaising with architects, surveyors and planning offices.

• Co-ordinating the timing of the transaction, including dealing with the simultaneous sale of an existing property and the purchase of the new property, or dealing separately with the later sale of the old property.

• Considering and recording the appropriate legal interests/shares in a property according to the contributions made towards the purchase price This can involve recording the names of the trustees in trust cases. It can involve documenting additional contributions made by family members either at the time of the purchase or at a later date.

• Stamp Duty Land Tax considerations relevant to the original purchase and later acquisitions of shares in a property.

 
Additional specialist services.

Compensation Protection Trust (Personal Injury Trust or Disabled Trust) purchases and those involving vulnerable people, also often involve our specialist property team:

• Acting as co-ordinator for all parties involved (ranging from trust specialists, litigation solicitors, architects, surveyors to project managers) and providing regular updates to all parties throughout the transaction. 

• Ensuring the requirements of all the relevant professionals are met prior to a commitment being made to the transaction (for example, liaising with the architect to ensure that any covenants on the title will not be breached by the proposed alterations and extensions to the property).

• Drafting complex clauses to be included within the Contract for Sale allowing the purchaser to withdraw from the transaction after exchange of contracts if suitable planning permission is not granted within a specified period

We aim to ensure that the same solicitor deals with the transaction from start to finish. The solicitor dealing with the transaction can be contacted direct to provide first hand quality advice, as and when it is needed.

This level of service is often difficult to obtain. When you use our services you are not on a conveyor belt whether the transaction is through a Compensation Protection Trust (Personal Injury Trust or Disabled Trust) or under the supervision of the Court of Protection.

The Specialist Trust Property Service is designed to be a streamlined and efficient way for clients to secure high quality property related legal work. Whilst it is primarily designed to be operated by post, email and telephone, it also aims to be as personal and as effective as other more traditional means of service delivery.

The processes used are all designed to ensure that you will always be in charge of the direction of matters and in particular the charges involved.

If there are ever things which you are not entirely happy with then you should feel free to tell us. Our objective is to ensure that you are entirely satisfied with what we provide. We are receptive to the need to make changes and are always seeking to make improvements. If despite this you have a complaint with the way your transaction is being handled, the Wrigleys complaints procedure is set out in our standard terms of business.