Field Overell LLP Leamington

29/08/2026

📢 BANK HOLIDAY CLOSURE 📢

Please note that our office will be closed from Saturday through to Tuesday for the Bank Holiday.

We will reopen on Wednesday 2nd September 2026 from 9:00am to 5:15pm and will be happy to assist you then.

Thank you for your understanding, and we hope you have a lovely Bank Holiday weekend! 🌸

From all of us at the team, have a safe and enjoyable weekend. ☀️

27/08/2026

Domestic Abuse Protection Notices and Orders: What You Need to Know

New Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs) are being developed to provide stronger and more flexible protection for victims of domestic abuse.

The measures, introduced under the Domestic Abuse Act 2021, began operating on a pilot basis in November 2024. The pilot has since expanded to areas including Greater Manchester, parts of London, Cleveland and North Wales.

A DAPN can provide immediate protection following an incident of domestic abuse, while a DAPO can give longer-term protection. Orders can include restrictions on where a perpetrator can go or who they can contact, electronic monitoring and requirements to attend behaviour-change programmes. Breaching a DAPO is a criminal offence.

The Government's intention is for DAPNs and DAPOs eventually to replace the existing Domestic Violence Protection Notices and Orders (DVPNs/DVPOs), creating a single, more comprehensive protective framework.

However, national rollout across England and Wales has not yet taken place. The Government's May 2026 post-legislative scrutiny confirmed that the provisions remain subject to the pilot programme, with full national commencement still outstanding.

The rollout will be closely watched by police, courts, domestic abuse services and survivors as the Government assesses how effectively the new powers can improve protection and manage perpetrators.

If you need some advice on a family matter, please contact a member of our family team, who will be happy to assist on 01926 422 101 or [email protected] or [email protected]

21/08/2026

Inheritance Tax Changes: What You Need to Know

Inheritance Tax (IHT) is becoming an increasingly important consideration for families across the UK.

With tax thresholds remaining frozen, rising property and asset values, and significant changes to reliefs coming into effect, more estates could find themselves facing an IHT liability.

From April 2026, changes to Agricultural Property Relief (APR) and Business Property Relief (BPR) mean that some agricultural and business assets may no longer receive the same level of IHT protection as previously.

Further changes are also expected from April 2027, when unused pension funds are due to come within the scope of IHT.

For homeowners, business owners, farmers and anyone with significant savings, investments or pension assets, now is an important time to review your estate planning.

There are a number of options that may help reduce a potential IHT liability, including lifetime gifting, trusts, reviewing your Will, making the most of available exemptions and ensuring your assets and pension arrangements are structured appropriately.

Early planning can make a significant difference.
Our Private Client team can advise on Wills, trusts, lifetime gifting, Inheritance Tax planning, business succession and wider estate planning.

📞 Contact Gemma Lowe or David Hardy today to arrange a confidential consultation and review your arrangements. [email protected] or 01926 422101

20/08/2026

A little trip down memory lane - we recently uncovered this old plaque from the days when Field Overell LLP was known as Field & Sons. It is a wonderful reminder of the firm’s long history and the generations who have helped shape it into the practice it is today. While the name has changed following the merger with Overell & Swain in 1989, our commitment to our clients and community remains as strong as ever.

12/08/2026

Proposed reforms of cohabitation rights

The UK Government’s “A Fairer end to a relationship consultation” includes the following proposals:

• Unmarried couples who live together would get stronger legal protection if they separate. The proposed framework would generally cover couples who have lived together for at least 3 years, or who live together and have a child.
• A court could potentially make financial/property orders when the relationship ends, particularly where one partner would otherwise be left in a significantly worse financial position.
• It is not intended to make cohabitation the same as marriage. The Government says the rights would be narrower than those available to married couples.
• Couples would apparently be able to opt out of the new framework if both agree.
• There are also proposals to give qualifying cohabitants inheritance rights if their partner dies without a will, subject to conditions.

Consequences of the proposals

The controversial part is that some legal consequences could arise automatically, rather than couples having to explicitly agree to them. Critics argue this could undermine the choice of people who deliberately choose not to marry.

In an article for Financial Remedies Journal, His Honour Judge Hess, who is a Lead judge of the London Financial Remedies Court (FRC) has said the general view among judges is likely to welcome the overall reform, particularly because judges are generally convinced that it is unfair that separating cohabiting couples currently have such limited financial remedies.

However, he raised a major warning about the practical consequences:-

• The reforms could create a substantial increase in cases coming before the Financial Remedies Court.
• He estimates that extending financial remedies to cohabitants could potentially increase the FRC's workload by around 27% (ie 16.5 million couples rather than 13 million - He points to ONS statistics for 2026 showing that there are approximately 13 million married couples and 3.5 million cohabiting couples in the UK. )
• He thinks the Government may have underestimated how many cases would actually be brought.
• He is concerned that insufficient judges, court time and administrative resources could lead to longer delays, which would itself create injustice.
• He also questioned the Government's assessment that the reforms would ultimately save money through greater clarity in the law. He described the financial analysis as superficial and unsatisfactory and said codification could actually produce more litigation initially.
• Most importantly, he says that if the reforms go ahead, the courts need to be properly funded and resourced before they are implemented

Current timetable

• 14 August 2026: Government consultation closes.
• After August 2026: The Government will consider the
responses and decide which proposals to take forward.
• Then: Any legislation would need to be drafted, introduced to
Parliament, debated and passed by both Houses, followed by
Royal Assent.
• After that: The Government would set a commencement date
for the new rules.

So, it is very unlikely to become law immediately after 14 August. Realistically, we're looking at months at the very least, and potentially 1–2 years or longer before the new rules actually take effect. There is currently no announced implementation date.

If you require legal assistance in relation to a family matter, please contact a member of our family team on 01926 422101 or [email protected]

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.

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!

For more than 190 years, we have been supporting individuals, families and businesses through life’s milestones and challenges.

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.

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.