Field Overell LLP Coventry

Field Overell LLP Coventry Field Overell LLP has over 185 years’ experience providing legal services to individuals and busin

Field Overell LLP has over 180 years’ experience providing legal services to individuals and businesses in Warwickshire, the West Midlands and beyond. Our solicitors are all experts in their field and offer a professional and tailored service to a wide range of clients from members of the public through to large companies.

Joint Tenants & Tenants in Common: What is the difference?There are many important points to consider when purchasing a ...
11/08/2026

Joint Tenants & Tenants in Common: What is the difference?
There are many important points to consider when purchasing a property with someone else. One of the main points you should consider is how you wish to ‘hold’ the property and the implications this may bring.

There are two ways in which the ownership of the property can be held: Joint Tenants and Tenants in Common. Please see below explanation of the two options.

JOINT TENANTS
When you purchase a property with someone else as joint tenants e.g. a partner or family member, you each jointly hold 100% of the property instead of a specific amount.

The significance of holding the property in this way is that no one person owns a separate share or interest in the property. Each of the joint owners owns the whole of the property. This means that in the event of the death of one of the owners, their share automatically transfers to the surviving owner(s). As a joint owner, you cannot leave a ‘share’ of the property in your Will.

TENANTS IN COMMON
Holding the property as tenants in common means that each person owns a separate share of the property, this can be a specified percentage e.g. 50/50 or 60/40. The most common way of holding the property as tenants in common is in equal shares, 50/50.

This way of holding a property means on the death of one of the owners, their share will pass according to their Will. There is no automatic passing of the property to the surviving joint owner(s), and the share of the deceased owner passes in accordance with the remainder of that owner's estate. It is therefore very important that you ensure you have a Will if you decide to hold the property as tenants in common.

If you have not contributed to the property equally or you do not intend that the property is owned in equal shares, we recommend that you enter into a declaration of trust to record your respective shares. A declaration of trust states what share each person owns (for example, a third or a half) though there is a presumption of equality of shares in the absence of other evidence.

If you would like further advice on the above or assistance with a conveyancing matter, please contact a member of our property team.

Normal Expenditure Out of Income Exemption: A Valuable but Often Overlooked Inheritance Tax ReliefWith Inheritance Tax (...
03/08/2026

Normal Expenditure Out of Income Exemption: A Valuable but Often Overlooked Inheritance Tax Relief

With Inheritance Tax (IHT) affecting more families across the UK, many people are looking for legitimate ways to reduce the value of their taxable estate. While the annual gifting allowance and the seven-year rule are widely known, one of the most valuable reliefs is often overlooked. This is the 'Normal Expenditure Out of Income' exemption.

Unlike many other gifting exemptions, there is no financial limit on the amount that can qualify, provided certain conditions are met. This can make it an effective estate planning tool for individuals with surplus income.

What Is the Exemption?
The exemption allows individuals to make regular gifts from their income without those gifts being subject to Inheritance Tax.

Importantly, qualifying gifts are immediately exempt and do not need to survive the usual seven-year period that applies to many other lifetime gifts.

Examples might include:
Helping an adult child with rent or mortgage payments.
Paying school or university fees for grandchildren.
Making regular contributions into a child's savings account.
Providing ongoing financial support to an elderly relative.

The Three Key Conditions
For the exemption to apply, HMRC requires that:

The gifts form part of your normal pattern of expenditure.

They are made from your income, rather than your capital or savings.

You are left with enough income to maintain your usual standard of living after making the gifts.

All three conditions must be satisfied for the exemption to apply.

The Importance of Good Record Keeping
Although the exemption can be highly beneficial, it is not automatic. Executors may need to demonstrate to HMRC that the gifts qualified under the rules.

Keeping clear records of your income, expenditure and regular gifts can make it much easier for your executors to claim the exemption when administering your estate. Maintaining a written record of your intention to make regular gifts can also be helpful.

Why Estate Planning Matters
As Inheritance Tax receipts continue to rise and more estates become liable due to frozen tax thresholds, effective estate planning has never been more important. Regular gifting from surplus income may help reduce the value of your estate while allowing you to support your family during your lifetime.

How We Can Help
Inheritance Tax rules can be complex, and whether the 'Normal Expenditure Out of Income' exemption applies will depend on your individual circumstances. Our Private Client solicitors can advise on estate planning, lifetime gifting, Wills and trusts to help ensure your affairs are structured as tax efficiently as possible.

If you would like advice on Inheritance Tax planning or reviewing your existing estate plan, please contact our Private Client team to discuss further.

28/07/2026

🌐 We're Live!

We're delighted to announce the launch of our brand-new website!

Designed with our clients in mind, our new site makes it easier than ever to learn about our legal services, meet our team, access helpful resources, and get in touch when you need trusted legal advice.

Whether you're seeking support for your business or personal legal matters, we're here to provide practical, professional guidance every step of the way.

Take a look and let us know what you think!

https://fieldoverell.com/

Domestic Violence Disclosure Scheme also known as ‘Clare’s Law.’ Clare’s Law came about following the murder of Clare W...
26/07/2026

Domestic Violence Disclosure Scheme also known as ‘Clare’s Law.’

Clare’s Law came about following the murder of Clare Wood who was murdered by her partner in 2001. The Scheme allows the police to release information about any previous history of violence or abusive behaviour a person might have.

You can apply for information about:

- A current or ex-partner who you are worried may have a history of abuse and is a risk to you and/or your children
- A current or ex-partner of a friend of relative who they have contact with because you are worried they might be at risk.

Information can be requested as follows:

If there is an immediate risk to someone’s safety call 999
if there is no an immediate risk call 101
Make an online application through the police website.

If you are suffering domestic abuse, (which is not limited to physical abuse and can include emotional abuse, verbal abuse, coercive and controlling behaviour and/or financial abuse) by a current or ex-partner, you may also be able to apply for a protective order under the Family Law Act 1996.

If you need legal assistance on a family law matter, please contact Kerri Gregory or Séverine Vincent on 01926 422 201.

Financial matters arising from divorce: Could the court start to recognise domestic abuse as conduct when considering th...
24/07/2026

Financial matters arising from divorce: Could the court start to recognise domestic abuse as conduct when considering the division of matrimonial assets?

Conduct, or behaviour, is rarely taken into account when considering how matrimonial assets should be divided following divorce. The bar to considering conduct is so high, it is rarely met even in domestic abuse circumstances. However, this could be about to change following two recent cases heard by Mr Justice Cusworth challenge the judicial approach, perhaps making a conduct argument more achievable. Furthermore, one of the cases acknowledged the domestic abuse suffered by one party during the marriage.

LP v MP [2025] EWFC 473
The judge reduced the wife’s award by 40 per cent on the basis of what he described as her “deplorable conduct”. Throughout the marriage, the wife was coercive, controlling and abusive to the husband. The marriage was founded on deception and fraud. She falsely claimed to be a High Court judge, demanding money for judicial trips and academic studies.

She manipulated and lied to the husband, verbally and later physically abusing him. The judge found that although the wife’s abusive behaviour was hard to measure, that did not mean that its impact was not present. The wife’s conduct was the “‘glass’ through which to assess fairness”.

Mr Justice Cusworth said: ‘I consider that there is a real risk of unfairness to victims of violent or coercive controlling behaviour, if the lack of readily quantifiable financial loss prevents the courts from even considering the fairness of taking their assailant’s behaviour into account in determining the outcome of a financial remedy application.’

Wei-Lyn Loh v Ardal Loh-Gronager [2025] EWFC 483
The husband and wife had signed a prenuptial agreement before their 2019 wedding. The judge found that the husband’s behaviour throughout the marriage was “deplorable”, with the husband transferring significant sums to his sole name from the parties’ joint account, “preparing the ground for as lucrative a separation as he could contrive”.

Upon separation, he undermined, harassed and unsettled the wife to deter her from fighting him. He forged emails, and denigrated and criticised the wife in his evidence.

The husband’s award under the prenuptial agreement was reduced twice, once on account of the marital funds he had already transferred to his sole name throughout the marriage, and again as a direct consequence of his conduct. Despite the prenuptial agreement being validly entered into, his entitlement was reduced from £6.5mn to around £2.4mn.

A 2024 report on domestic abuse stated that 80% of family justice professionals said that domestic abuse, and specifically economic abuse, was not sufficiently taken into account in financial remedy proceedings.

Lawyers have advised clients for many years that conduct makes no difference in financial remedies but given the recent case law the advice may now be different, although it is not clear whether conduct will be an issue in cases where assets do not exceed the parties’ needs.

The government was expected to launch a consultation in spring 2026. The review of the law needs to provide certainty regarding the extent to which conduct is a relevant factor in financial remedy orders and whether there is greater scope for domestic abuse and coercive and controlling behaviour to be treated as relevant conduct.

If Mr Justice Cusworth’s decisions are followed, conduct could become the viewpoint from which all other factors are considered.

If you would like further advice in connection with the matters raised in this article then please contact Severine Vincent or Kerri Gregory in our family department on 01926 422 101.

15/07/2026

TRAINING CONTRACT OPPORTUNITY

We are looking to recruit a trainee solicitor to join our firm subject to a paralegal probation period.

All applicants should have a 2:1 degree with a strong academic background along with current experience in Civil Litigation and Personal Injury claims.

Please submit your CV directly. CVs submitted by agencies will not be considered.

We're delighted to announce that our firm has once again been successfully reaccredited under the Conveyancing Quality S...
07/07/2026

We're delighted to announce that our firm has once again been successfully reaccredited under the Conveyancing Quality Scheme (CQS).

This reaccreditation reflects our continued commitment to providing a high standard of residential conveyancing services, ensuring our clients receive expert advice, excellent service, and peace of mind throughout their property transactions.

A big thank you to our dedicated team for their hard work in maintaining these high standards, and to our clients for continuing to place their trust in us.

26/06/2026

Important Probate Fee Changes Coming in July 2026
If you're an Executor or Administrator of an estate, two significant changes to probate fees in England and Wales are coming into effect from 13 July 2026.

📌 Probate application fee increases
The cost of applying for a Grant of Probate or Letters of Administration will rise from £300 to £526 an increase of more than 75%.

📌 Additional Grant copies become cheaper if you order them early
Copies requested when you submit your application will cost just £2 each (down from £16). However, if you order extra copies later, they'll still cost £16 each.

💡 What does this mean?
Planning ahead is now more important than ever. Ordering the right number of Grant copies at the application stage could save both money and time during the estate administration process.

If you want to discuss obtaining a grant of probate for your loved ones estate, please contact a member of our team who will be happy to assist.

A lasting power of attorney (LPA) is one of the most important legal documents you'll ever put in place but choosing th...
14/06/2026

A lasting power of attorney (LPA) is one of the most important legal documents you'll ever put in place but choosing the right attorneys and getting proper legal advice is just as important.

Recently, a couple were sentenced to prison after abusing their position as attorneys for an elderly parent, selling property, transferring funds to themselves, and using the money for personal luxuries. The court ordered them to repay hundreds of thousands of pounds to the victim.

While most attorneys act honestly and in their loved one's best interests, this case highlights the significant responsibilities that come with an LPA and the devastating consequences when those duties are abused.

By instructing a solicitor to prepare your LPA, you can receive expert advice on selecting appropriate attorneys, including safeguards tailored to your circumstances, helping to protect your interests and provide peace of mind for the future.
If you're considering putting an LPA in place, our team is here to help.

26/05/2026

Missing fathers on birth certificates

Missing fathers on birth certificates can have major consequences in inheritance disputes under the rules of intestacy.

A recent High Court case, Dorant v Dorant [2025], shows how unclear family records can complicate the administration of an estate.

The case involved:
• A £2 million estate in England & Wales
• A dispute over whether siblings were related by whole blood or half blood
• A birth certificate with no father named

Because intestacy rules can treat whole blood and half blood relatives differently, the missing information became central to the case.

The Court had to consider a wide range of evidence beyond official records, including:
✔ DNA evidence
✔ Marriage and immigration records
✔ Family witness testimony

Ultimately, the Court found the siblings were related by half blood, which affected how the estate was distributed.

Cases like this highlight an important point, that missing or incomplete family records can lead to delays, disputes, and costly litigation when someone dies without a will.

It’s a reminder of the importance of:
• Keeping records up to date
• Taking legal advice early
• Making a valid will wherever possible

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