Lanyon Bowdler combines professional excellence with a friendly atmosphere. With a dynamic and modern character the firm is focused on success and growth. This success and growth generates room for our staff to mature and grow within the firm and enjoy stimulating and rewarding careers. We have a number of exciting opportunites, click below to find out more.
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We are one of the most recognised law firms in Shropshire, Herefordshire, and North Wales, and synonymous with excellence. We are able to offer a wide range of pricing options including fixed fees and service level guarantees.
We are recognised by the leading UK legal directory, having been recommended in 14 categories in the 2022 edition of The Legal 500. The teams acknowledged are clinical negligence, company & commercial, commercial litigation, contentious trusts & probate, debt recovery, education, employment, personal injury, planning, agriculture & estates (both in the West Midlands and Wales), family, criminal law, trusts & probate, and commercial property. Our agricultural solicitors team is recognised in Tier One for the West Midlands.
The 2022 edition of Chambers UK ranks the agriculture & rural affairs, crime, clinical negligence, family and personal injury teams in Band 1. The private client team is ranked in Band 1 in their High Net Worth Guide.
In May 2016 Lanyon Bowdler merged with the long-established Hereford Law firm of Beaumonts Solicitors. Our continued expansion, our network of offices and expertise, position us ideally to service the legal needs of individuals and corporate clients throughout Shropshire, Herefordshire, North Wales and along the Marches, as well as in the neighbouring counties of Gloucestershire, Worcestershire, Staffordshire, Cheshire and Powys, and Mid Wales
Whether your team is your family, your business, your community, or all three, our people are warm, friendly professionals who can give you peace of mind that whatever opportunities and challenges come your way, we can help you achieve the best outcome.
So whether you are breaking new ground, overcoming a challenge, or simply getting your life in order, the team at Lanyon Bowdler can support you with the very best legal advice delivered locally by nice people.
Lanyon Bowdler; we’re on your team.
Find out more about the different ways we have helped and supported our clients.
We are at @AngleseyShow1 today and tomorrow sharing a stand with @BaileysPartners, come and visit us at trade stand… https://t.co/pVYzdR7qRE
If you’re at @OswestryShow today come and see us for a game of hoopla, or just enjoy some strawberries & cream and… https://t.co/NDEHD13KBV
It's good to be back at @burwarton_show if you are at the show come and join us for a game of hoopla and/or refresh… https://t.co/hNzjNM367a
Scarcely a week goes by when a solicitor has clients unaffected by the impact on the courts and public services regarding cuts and COVID-19. Sir Andrew McFarlane, President of the Family Division, commented back in March that the family law courts and associated bodies were working at the limit of their capacity. His concerns were reiterated and emphasized on 24 July when the President urged separating families to resolve their disputes elsewhere, rather than through the courts.
This is something family law solicitors largely strive for and have done so long before the present public health and economic situation, but we can only work within the boundaries presented by our clients who, in turn, are often affected by social and economic factors that further limit their choices.
These constraints could be said to fall under two headings, although they are by no means mutually exclusive:
Social Factors
Financial Factors
It is worth mentioning ADR (Alternative Dispute Resolution) at this stage which, whilst not an outright solution to the financial issues, since it must still be paid for, can give people a good deal more certainty and control over the situation than they might have through the courts. However, since it is largely voluntary it still relies on a degree of goodwill and cooperation from both parties.
The President’s observation is entirely correct and a reduction in the number of matters coming before the court is something we need to aspire to. However, the court service is merely a cog in a large wheel designed to move society forward, and unless there is concerted and joined-up Governmental effort to tighten the other cogs (through availability of vital services and a cultural shift starting with very young people), then the wheel will simply fall off altogether.
Working in the Court of Protection department I regularly interact with clients who lack capacity to manage their property and affairs, or other aspects of their daily life. Some of our clients may have sustained traumatic brain injuries due to personal injury or medical negligence, or they may have a disease which affects their brain, such as a type of dementia. As with everything in life, there isn’t a one size suits all approach that you can take when supporting people, so I decided to attend a Dementia Friends Webinar to ensure I can tailor my approach in the most appropriate way.
Dementia Friends offer free online, or in person, sessions to educate people about dementia. They have short pre-recorded videos you can watch immediately, or you can sign up to attend a virtual or in person webinar run by a Dementia Champion. Due to living in Shropshire I chose to sign up to a virtual session which lasted around one hour. If you would like to attend a session, and I would highly recommend this to everyone, you can do so here.
Dementia is an umbrella term and covers diseases such as Alzheimer’s disease, Lewy body dementia, vascular dementia and frontotemporal dementia. The Alzheimer’s Society published in December 2021 that there were 900,000 people living with dementia in the UK with this figure forecast to rise substantially over the next 20 years.
Whilst living with dementia is not without its challenges, there are many negative connotations strongly linked with the diagnosis. Although dementia is degenerative it is easy to forget that there is more to a person than dementia. The Dementia Friends session was very much focused on addressing and changing the stigma associated with dementia.
As with anything in life it is easy to get trapped focusing on the negatives, but there are things we can do as individuals to help change the stigma. Of course this will vary depending on the situation and the individual, but multiple small changes can make a large difference.
Understanding
Dementia doesn’t solely affect someone’s memory, it can affect their motor skills such as being unable to use a knife and fork when eating. Someone living with dementia may have difficulty with sequencing and struggle with tasks such as getting dressed. They may have difficulty communicating or with their visual perception. Understanding how dementia affects the individual means you can learn how to assist them. For example, if you were to ask someone living with dementia if they wanted orange or blackcurrant squash to drink they may not be able to communicate with you, however, if you had a picture card with both on they may be able to understand the question and communicate which they would like. Something as simple as slowing down your pace when you talk, and simplifying sentences to someone living with dementia, could make a difference in their ability to communicate.
Change
Change doesn’t have to be big to make an impact. It may be that a setting is familiar and leaving things as they are is what’s best for a person living with dementia, however, for some a small change may make their life easier. This could be something as simple as changing the layout of the kitchen so it is easier to make a sandwich or hot drink, or the layout of a wardrobe making it easier for them to get dressed in the morning.
Awareness
This is twofold: we need to be aware that we can help even in small ways and also the need to spread awareness. There is more to a person than their dementia diagnosis whether they are in the early stages or more advanced stages. It is easy for people to see or hear of a diagnosis and make an assumption. Sadly we witness these assumptions far too frequently, but with education and raising awareness hopefully they will become less frequent.
We understand that a diagnosis of dementia doesn’t automatically mean someone lacks capacity, and if they do lack capacity regarding certain decisions it doesn’t mean they lack capacity to make any decision whatsoever. If you or a loved one have been diagnosed with a disease that affects the brain, have an acquired brain injury, or have been assessed as lacking capacity, that doesn’t mean access to legal help is no longer available. The Court of Protection department at Lanyon Bowdler specialise in mental capacity law and are happy to assist you with any enquiries.
Diversification can lead to new sources of income, and may also be an attractive business project for younger generations of farming families looking for long-term financial stability. With the number of UK residents opting for ‘staycations’ since the COVID-19 pandemic, diversification has become an increasingly desirable tool for farmers and land owners to access new means of revenue. However, diversification can have a negative impact on your inheritance tax (IHT) position and could exclude the availability of valuable IHT reliefs. Before making any changes, it’s important to consider what tax implications might lead from diversification, to ensure your family doesn’t end up with a large and unwanted tax bill in the future.
Agricultural Property Relief (APR)
Many farms benefit from Agricultural Property Relief (APR), which can reduce, or completely wipe out, IHT on farm land and buildings. Briefly speaking, APR requires that the land or buildings must be occupied and used for agricultural purposes. This can include farmland, barns and storage buildings, farmhouses and farm cottages. When considering the availability of APR, HMRC will look at the different uses of the land or property and the way it is used and occupied.
Changing the use of such land and property from agricultural to non-agricultural use risks the asset in question no longer qualifying for APR and therefore becoming subject to IHT.
One popular method of diversification in recent years has been converting existing agricultural land or buildings into holiday lets, or camping and glamping sites. However, applying the above rules, these assets would no longer benefit from APR. Diversification by a tenant of your land away from agricultural use can also affect your eligibility for APR as the landowner.
Business Property Relief (BPR)
Some diversified assets may qualify for Business Property Relief (BPR), which can also reduce or eliminate IHT. In order to benefit from BPR, the asset, land or buildings must be used for ‘trading’ rather than ‘investment’ purposes. Therefore assets owned for the purpose of collecting rental income without much management, or any extra services, will likely be considered to be ‘investments’ and therefore less likely to qualify for BPR.
Common diversification projects on farms that are likely to be deemed ‘investment’ activities include holiday lets. If the level of additional services provided is particularly high, then HMRC can consider the business as ‘trading’ rather than ‘investment’, however, this is difficult to judge and each case must be treated on its own facts.
Is there a quick solution?
There is no ‘right’ answer when it comes to diversification. All farms and all families are different, with individuals having their own preferences and motivations, so there is no “one size fits all” approach. There are options when it comes to mitigating the potential IHT bill, such as insurance policies to cover IHT bills and making lifetime gifts, however, these are not without their own consequences and as a result no one should take such steps without speaking with a qualified advisor first. As with everything in life, the best option will depend on your individual circumstances.
If your diversified business is likely to include trading and investment activities, then it’s important to discuss the potential tax consequences with a specialist advisor, such as one of our Private Client solicitors.
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Lanyon Bowdler is a trading name of Lanyon Bowdler LLP which is a limited liability partnership incorporated in England and Wales, registered number OC351948.
Lanyon Bowdler is authorised and regulated by the Solicitors Regulation Authority (SRA). SRA number: 534828.
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