Barcan+Kirby magazine - Issue 2

THE BEST OF BRISTOL: LEGAL & LIFESTYLE

Spring/Summer 2018

HOW TRUSTS HELP TO PLAN YOUR FUTURE

YOUR

GUIDE

TO

EQUITY

RELEASE

BRISTOL’S BEST PUB WALKS | IN THE GROOVE WITH ROUGH TRADE RECORDS | DIVORCE IN LATER LIFE

ISSUE

02

| SPRING/SUMMER 2018 | ISSUE 02

been syet e v a h y a it oldark m st major While oPrnwall, the dvain Bristol. in C was filme of it

CITY

OF

Bristol’s reputation as a cutting-edge centre for film & TV is acknowledged on the global stage

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Welcome to our latest issue

“Our City of Film feature on the cover of the magazine is proof, if proof be needed, that Bristol is indeed a world-class city”

W

elcome to the second issue of our great new magazine. Published every six months, it brings you legal news and analysis of the things that matter to you, as well as entertaining lifestyle features on what’s going on in and around Bristol. There’s also a Directory, packed with useful information about our firm, such as our services, charity work and details of how to get in touch.

Our legal features aim to keep you up to date with key developments in the law, as well as giving easy-to-follow advice on the issues that affect us all during the course of our busy and complex lives.

This issue we have a feature explaining the role of trusts in making sure your loved ones are provided for in the future (p.16). There is also coverage of the pros and cons of equity release (p.22), plus the modern phenomenon

of couples divorcing in later life (p.26), and how best to manage a process in the best way possible for all.

We also explore the ins and outs of the tricky area of employment law (p.30), we examine legal aspects of selling a business (p.36) and we offer an insight into the role of the Court of Protection where there is loss of capacity and no Lasting Power of Attorney in place (p.38).

In addition to the legal content in the magazine, we also have some fantastic lifestyle features reflecting what a vibrant and exciting place Bristol is to live and work in.

Our cover feature confirms what Bristolians have always known – that it is indeed a world-class city. The latest accolade is being named a UNESCO City of Film. Long a favourite location for film and TV executives, Bristol now joins Bradford as the only other UK city with that honour.

Read all about it on p.10. We also have features on the latest nutrition trend, the opening of an iconic music store in Bristol, urban art in the city and the best pub walks in and around the South West.

We hope you enjoy reading the latest issue of the Barcan+Kirby magazine.

barcankirby.co.uk | 0117 325 2929

BILL WILLCOCKS | Managing Partner b.willcocks@barcankirby.co.uk Tel 0117 929 3251 QUEEN SQUARE

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CONTENTS

04

Contents Issue 2 Spring/Summer 2018

________________________________

GENERAL ENQUIRIES 0117 325 2929 barcankirby.co.uk hello@barcankirby.co.uk @BarcanKirby OFFICES BEDMINSTER 31 North Street Bristol BS3 1EN CLIFTON 199a Whiteladies Road Bristol BS8 2SB

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HORFIELD 374 Gloucester Road Bristol BS7 8TP KINGSWOOD 111/117 Regent Street Bristol BS15 8LJ QUEEN SQUARE 49/50 Queen Square Bristol BS1 4LW THORNBURY 36 High Street Thornbury BS35 2AJ

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________________________________

PUBLISHING TEAM

www.mediaclash.co.uk Editorial Director: Gary Tipp gary.tipp@mediaclash.co.uk Art Director: Carly Dugdale carly.dugdale@mediaclash.co.uk

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Contributors: James Bell, Stephanie Boxall, Georgina Bryant, Alex Castiglione, Fiona Dabell, Stephanie Evans, Carol Gourlay, Lucy Harttrup, Chris Miller, Anna Molter, Stephen Parker, Charlotte Pike, Guy Radcliffe, Mark Scanlon, Tom Sharkey, Tom White, Bill Willcocks Printed by: Pensord. www.pensord.co.uk ________________________________

Any views or opinions submitted by contributors or advertisers are those of the authors only and do not reflect the views and opinions of Barcan+Kirby. The publisher accepts no responsibility in respect of any advice or services which may be advertised in this issue, or for any errors, omissions, misstatements or mistakes in any such references. No part of Barcan+Kirby magazine may be reproduced in any form or by any means, either wholly or in part, without written permission.

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09

10

NEWS ROUND-UP

TALKING POINT

CITY OF FILM

The latest company news, including three new partner appointments, awards success, B+K in the community, and Gromit unleashed!

Partner Alex Castiglione tells us about her rise through the firm and her passion for property law and for helping clients

With its recent accolade as a UNESCO City of Film, Bristol's welldeserved reputation as a top location has achieved world-class status

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16

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22

A MATTER OF TRUST

WELL PRESERVED

EQUITY RELEASE

Making sure your loved ones are provided for in the future needs careful planning, and setting up a trust just could be the answer

Good health and looking after your gut go hand in hand, and fermented foods are the new way forward. Follow our guide to the latest nutrition advice

An ageing population and rising house prices mean many older people are assetrich and cash-poor. One solution is equity release, but there are pros and cons

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26

28

30

FEELING GROOVY

EMPLOYMENT

When older couples divorce, it’s not simply the assets that need dividing and things can get complicated.

Barcan+Kirby is here to help you

The first Rough Trade music store opened in Ladbroke Grove in 1976 and went on to spawn the famous record label. Now a new store has just opened in Bristol

Should you ever put up with ageism in the workplace? Clearly the answer is ‘no’ but where does the law stand and what exactly are your rights?

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SILVER SPLITTERS

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36

38

A MOMENT IN TIME

SELLING A BUSINESS

LOSS OF CAPACITY

Artist Tom White captures the essence of Bristol in his work. He tells us why he loves the city so much, and how Venice was the inspiration for his unique style

Even if you are not ready to sell your business, you should build the possibility into your plan. Barcan+Kirby can help you prepare for a smooth transaction

Where there is loss of capacity and no Lasting Power of Attorney in place, the Court of Protection can step in to help.

Barcan+Kirby explains the process

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40

PUB WALKS

43

DIRECTORY

LAST WORD

There's only one thing better than a good country walk and that’s one with a good pub at the end of it. Follow our guide to some of the best in the South West

Seven pages of information, offering a guide to all our services and details of how to get in touch with our staff, including a Focus on Dispute Resolution

Assistant Solicitor Fiona Dabell tells us why living in Wiltshire and working in the wonderful city of Bristol offers her the best of both worlds

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barcankirby.co.uk | 0117 325 2929

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OUR NEWS

06

OUR NEWS: ROUND-UP

New Partners Appointed

B Georgina

Kirsten

Samantha

arcan+Kirby is delighted to announce that Georgina Bryant, Kirsten Hale and Samantha Castle have all been appointed partners. This trio of appointments now means that 53% of our 17-strong partnership are women – an impressive statistic when compared with the legal industry average of just 33% female representation among partners.

This news follows the recent appointment of Alex Castiglione, our Head of Commercial Property as Partner in January (see our interview with her on p.9).

Each solicitor brings a wealth of experience and expertise to the table, drawn from right across the firm’s various practice areas: Georgina joined the firm in 2017 as the head of our newly established company commercial team. Kirsten is an experienced divorce and financial separation solicitor and a Resolution-accredited family law specialist. A multi-disciplinary lawyer, Samantha practices in personal injury, employment, debt recovery and dispute resolution.

Executive Partner Anna Wilson congratulated her new partners: “I’m really excited to be welcoming Georgina, Kirsten and Samantha to the partnership. Each thoroughly deserves her appointment and I’m confident they will all shine in their new roles. On behalf of the whole partnership, I can say we are looking forward to working with them.”

B+K’s Fundraising boost Thanks to all the hard work put into fundraising efforts by its staff, B+K was able to raise an impressive £6,061.54 for local dementia charities BRACE Alzheimer’s Research and Bristol Dementia Action Alliance (BDAA).

Through a combination of quizzes, bake sales, bike rides and sponsored walks, our staff have found lots of ways to fundraise for these two worthy charities.

BRACE is a local charity that funds national research into dementia and how it can be prevented or cured. BDAA is another local organisation, but with a Bristol focus – their aim is to make Bristol a welcoming and supportive place for people with dementia.

B+K has affirmed its commitment to these two charities by retaining them as our Charities of the Year.

Bake sales are always popular

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WALKING IN A WINDOW WANDERLAND

Barcan+Kirby’s Bedminster and Horfield offices have both played an active role in the Bristol-wide Window Wanderland community arts project.

Now in its fifth year the initiative transforms city streets into magical, outdoor galleries through a trail of illuminated windows left on and decorated by local businesses and residents alike.

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BLOOMIN’ BEDMINSTER

Barcan+Kirby is extremely happy to announce its role as the main sponsor of the annual Good Front Garden Awards.

This incredibly popular project has been running for 15 years and encourages local people to care for their front gardens to help improve the appearance of local streets and uplift the local community.

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GROMIT’S UNLEASHED

Barcan+Kirby are delighted to announce that we will be sponsoring a Gromit as part of this year’s Gromit Unleashed 2 sculpture trail, run by Bristol Children’s Hospital charity The Grand Appeal.

This year, Gromit will be joined by best pal Wallace and his arch nemesis Feathers McGraw in the form of over 60 giant sculptures designed by high-profile artists, designers, innovators and local talent around iconic locations in Bristol. We look forward to seeing our sculpture and raising money for sick children, babies and their families cared for at Bristol Children’s Hospital.

Gromit UnleashedTM The Grand Appeal®. Registered charity 104603.

Wallace & Gromit ©Aardman Animations Ltd 2017. All rights reserved

Awards Success Barcan+Kirby’s continued dedication and hard work has been rewarded by success in a number of industry awards recently.

At the Bristol Law Society Awards we scooped no fewer than three awards – which is a record for the firm. Assistant Solicitor Fiona Dabell from our medical negligence team won Junior Lawyer of the Year award (see our interview on p.50).

We were also delighted to win the CSR Firm of The Year. We came out on top thanks to the strength of our community dementia campaign, through which we have not only worked to make our own offices dementia friendly, but also shared our knowledge with other law firms and businesses.

Finally came the coveted Lawyer of the Year award. Of the three nominees for the prize, two were from Barcan+Kirby – Partners Kirsten Hale and Samantha Castle. Both would have been worthy winners but, in the end, it was Samantha who walked away with the trophy, mirroring Claire Hurrell’s success from last year.

Following the conclusion of the awards, Managing Partner Bill Willcocks was elated with the firm’s success. “I’m so pleased for each and every one of our winners,” he said. “Fiona and Sam both thoroughly deserve this recognition of their excellent work over the past year and impressive careers to date.

“Likewise, the CSR award for our dementia work is a testament to the conscientiousness and commitment of all our staff, but particularly to the hard work of Anna Molter, who has championed this cause for a long time now.

Further acknowledgement came in the form of a prestigious nomination for Marketing Campaign of the Year at the Business Leader Awards 2017. While a nomination at the popular Bristol Life Awards is further proof of the firm’s forward momentum.

barcankirby.co.uk | 0117 325 2929

NEWS IN BRIEF

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OUR NEWS

If someone close to you lacks the mental capacity to manage their own affairs, our Court of Protection solicitors can provide practical help and advice.

08

Tom heads our Court of Protection team

Expert in his Field

T

om Sharkey, Partner and head of B+K’s Court of Protection team, has been named among the first 30 lawyers appointed to the Law Society’s Mental Capacity panel of experts.

As an accredited mental capacity legal expert, Tom is recognised by the Law Society for his experience in representing the needs of vulnerable clients.

As a specialist Court of Protection solicitor, Tom can help anyone who lacks mental capacity – including older people

and those injured in accidents – and their relatives to apply to the Court for a deputyship that allows someone else to manage their affairs (see our feature on p.38).

Tom’s work in this field draws on his previous experience as a care solicitor representing children in care proceedings.

As a result of his long career in this area and his recent work with older clients, he has an acute awareness of vulnerable people’s needs and the issues they often face in welfare cases.

Top of the Rankings The recently published edition of the Chambers Guide to the Legal Profession revealed that B+K’s medical negligence team once again came out top in Bristol for their specialism. What’s more they are the only department in the city and surrounding area to hold a Band 1 ranking and have been so for many years.

The guide describes them as an “outstanding practice with a solid reputation for its range of clinical negligence expertise” and “one of the premier firms in clinical negligence”.

Managing Partner Bill Willcocks gave his reaction to the release of the rankings: “Being ranked at all by Chambers is a success, but to be consistently placed highly shows the strength in depth that this team has. We’ve come to expect this level of excellence from our medical negligence and personal injury teams, but that by no means diminishes their achievement.”

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Talking Point:

Alex Castiglione

Q A Q A

Recently appointed as a Partner, Alex has experience in all aspects of property law

How long have you been working with Barcan+Kirby?

I started working as a temporary receptionist in April 2002 at Kirby Simcox, as it was then.

Can you tell us briefly about your role within the firm?

I was promoted to Head of Commercial Property in February last year and then Head of Residential Property and Partner in January. The Residential team consists of 36 people and there are 11 people in the Commercial team.

Management of the team includes reporting regularly to the partnership, planning budgets in conjunction with the Finance Director, strategic direction of the department, recruitment, compliance, marketing, technical assistance and training. I also have my own caseload of long-standing clients.

Q A

What skills and expertise do you bring to your role?

First and foremost, it has to be leadership and management skills. I like to think that I am an approachable manager who encourages others and is able to bring out the best in them. I am empathetic and a good listener. I am highly motivated and extremely organised, which are essential when you have a large team.

Q A

In your role how important is the ability to listen to your clients?

As a firm we take the time to get to know our clients and closely understand each individual’s needs.

This approach fosters professional relationships that are positive and unique and lead to repeat business.

Q A

What do you consider your greatest professional accomplishment?

I was the first Chartered Legal Executive in the history of the firm to be promoted to Senior Associate, and the first to make Partner.

Q A

How has the Bristol property market changed since you started?

The property market was booming when I qualified in 2007 and then the recession hit. At Barcan+Kirby we pride ourselves on the service we provide to our clients and because of that we have a large amount of repeat work. We were busy even through the recession.

The market now seems almost as good as it was then.

Our commercial team has grown considerably over the past 10 years. Even the Brexit negotiations don't seem to be affecting the market. The 3% higher rate SDLT may have put off some investors, but others are moving more towards mixed-use properties to rent.

Q A

Q A

Q A

Q A

Can you give us an idea of the sort of cases you work on?

Commercial sales and purchases, acquisitions of development land, Overage agreements, conditional contracts, plot sales, refinancing of property portfolios and Landlord and Tenant work.

Is it possible to describe a typical working day at Barcan+Kirby?

There is no such thing as a typical day. One day can be very different to the next, depending on whether I am dealing with the management side of things or working on clients’ files.

How do you see the property market developing in the Bristol area?

Bristol is set to become one of the UK’s fastest growing cities over the next three years and is predicted to outperform London. Clevedon house prices increased more than anywhere in the UK in 2017. They've risen by 10% and now stand at an average of £334,245.

What is the one thing you like most about your role?

It has to be the fast pace and demanding nature of commercial property work. I enjoy assisting our clients in the growth of their business and negotiating the terms of the agreement in order to secure the deal.

barcankirby.co.uk | 0117 325 2929

ALEX CASTIGLIONE | Partner a.castiglione@barcankirby.co.uk 0117 914 7370 CLIFTON

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ENTERTAINMENT

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CITY

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ristol is well known as the location of many of the UK’s most loved drama series, an impressive list that includes Sherlock, Casualty, Doctor Who, Only Fools And Horses, Skins and more recently Kiri starring Sarah Lancashire. What is less known is that its achievements were recognised late last year with it being awarded the designation UNESCO City of Film.

The prestigious title means Bristol joins the likes of Sydney, Galway, Rome and Bradford (the only other UK location) as a City of Film.

Dr Charlotte Crofts, Associate Professor of Filmmaking at UWE Bristol said: “As a filmmaker, educator and passionate Bristolian, it's great that the city has been recognised not only for its strong production base, its vibrant film culture and strong educational provision, but also for our ambition in making film a vehicle to enhance the future development of the city."

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The Bristol Film Office played a central role in putting the bid together and Film Officer Natalie Moore kindly took time out from her busy schedule to talk to us about the award and what it means to the city.

Q. What is a UNESCO City of Film?

It’s a network of creative cities working together towards a common mission for cultural diversity and sustainable urban development. This award will enhance Bristol’s reputation as a filmmaking destination around the world and help forge strong partnerships with other nations. It is a designation for the city and not a single-year award, meaning that Bristol will be known as a City of Film for many years to come.

Q. How and why did Bristol receive the designation?

The UNESCO City of Film bid process began in 2016.

Our application was put together under the guidance of a

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management group made up of the Council, the Bristol Film Office, the University of the West of England (UWE Bristol), the University of Bristol, Screenology, Destination Bristol and The Bottle Yard Studios.

Although the city already has a lot going on in terms of

"We felt the UNESCO City of Film designation would put Bristol on the map in a way we haven't been able to do so far"

Bristol is booming as a location for filming

film, we felt the designation would put Bristol on the map in a way we haven’t been able to successfully do so far. It sets us apart from London, and we felt it would allow Bristol to stand out more from other British cities.

Q. Is the award in some ways like a global calling card?

Definitely. It has potential not only to establish new creative links across different cities internationally, but there are also opportunities for tourism and business. The network is geared towards working closely with other Cities of Film. Bradford has done it well, establishing strong business links with China. There’s a huge amount of potential.

Q. Why is there such a strong film community in Bristol?

I feel it’s partly because of the general creative strengths that the city already has, but the opportunities to learn here are strong. It certainly helps that both the universities have strong film departments. It means there are lots of people who’ve set up home here after studying film here.

Also organisations like the Watershed who promote filming in Bristol so well – lots of creative film activity.

There are a lot of resources available to new and upcoming filmmakers. Places such as Knowle 

Benedict Cumberbatch on the set of Sherlock: The Abominable Bride

Filming Kiri on location in Bristol

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ENTERTAINMENT

12

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Eleanor Tomlinson (Demelza) on the Poldark set at The Bottle Yard Studios

"The city can deliver a historic setting, with a mix of architectural styles, and also gritty urban locations"  West Media Centre and Calling The Shots are able to foster creative talents in a way that is less formal than the traditional channels. While creative agencies such as Boom Satsuma provide education and on-the-job learning in less formal settings that appeal to people who might find the film industry slightly intimidating. It’s Bristol’s alternative way of going about things that helps.

Q. What is the appeal of Bristol as a film location?

A major factor is that the city can offer a variety of different types of location. Our appeal is linked to our ability to deliver an historic setting with a mix of architectural styles, such as King Street or Queen Square, but also gritty urban locations.

We have beautiful countryside right on our doorstep and the sea close by at Weston and Clevedon.

We have strong links with the Bath Film Office, so if we need an amazing Georgian street we can call on them.

The two cities complement each other nicely.

Q. Could you tell us more about the role of the Bristol Film Office?

Filming Sherlock: The Abominable Bride on location in Bristol

It's a Council service and our aim is to attract as much filming to Bristol as possible as it is a big economic driver for Bristol.

Last year we calculated it was worth £18.3million pounds to the city. We do that by being proactive and going out to production companies and selling the locations and the services we can offer, such as The Bottle Yard Studios.

If enquiries come directly through to us then we work hard in trying to meet the production companies’ requirements – though sometimes we’ll get enquiries we just can’t match, like the Palace of Versailles or something like that!

When the productions are here we try to make their lives as easy as possible. We put them in touch with the right people and often find locations for them where they are struggling to settle on the right place. Also, we are able to issue permits to film in parks, green spaces and highways.

Q. All this screen time must make Bristol seem like a great place to visit?

Absolutely. Film tourism is a booming industry and it’s one we are trying to tap into. Ireland has done it really well with Game of Thrones and also Star Wars. Destination Bristol has Kiri was a recent production shot on location in the city

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a set of Bristol movie maps that enable people to tour the locations where the really popular shows were filmed, such as Sherlock, Doctor Who, and even Only Fools And Horses.

Often Bristol isn’t Bristol when it’s on the screen – Casualty is Holby, Sherlock is Victorian London – so it’s important for us to let people know where they were filmed.

Q. Kiri with Sarah Lancashire was shot on location in Bristol. Can you tell us about that process?

Yes, Kiri showcased Bristol really. The production company first contacted us in the Spring of 2017. It was our job to work with their locations team to identify the best places to shoot.

For instance, they specifically needed a Social Services office and also open spaces for scenes involving dog-walking.

Because of the sensitive subject matter and the fact the programme was easily identifiable as Bristol, we put them in touch with the Council’s Social Services team and they liaised closely with them about the ins and outs of that sort of case.

They were specifically interested in drone filming, which is now almost intrinsic to any drama production that comes here. Because there are specific guidelines with drone activity we liaise with the crews to ensure they adhere to them. For instance, the production wanted to fly a drone into St Andrews Park and across the Downs.

One special request we received was about grass cuttings. As they were shooting a crime scene across one week in July and one week in August, it was important for continuity that the grass was the same length and so we had to contact the Council’s Parks team to ensure this happened.

Filming on location at Princes Wharf Bristol

Picture credits: Bristol Film Office; Hartswood Films & BBC; Mammoth Screen & BBC; Nick Wall & C4; Sky Atlantic

Q. Finally, it seems a daft question and we think we know the answer already, are you always busy?

We need to be able to anticipate something coming in at all times. Last year film activity increased by 10% with over a 1,000 days of filming in Bristol. It can mean as many as six or seven crews filming on the same day. Yes, always busy.

The Bottle Yard Studios Located on the site of a former winery and bottling plant in Hengrove, The Bottle Yard Studios is now an established base for film and television productions in the West of England, and attracts major UK and overseas productions of all sizes.

Productions made at The Bottle Yard include Poldark, The Crystal Maze, Broadchurch and Wolf Hall. And it has been announced that series three of Sky’s Arctic drama Fortitude starring Dennis Quaid (pictured) will be filmed there. It has eight stages and offers a giant green screen studio, extensive back lot and workshop areas.

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TRUSTS

16

Managing your assets: it’s just a matter of trust How trusts can help your family plan for the future

T

he broad purpose of a trust is simple: to help families control how assets such as cash, investments or property are handed over to the next generation. Trusts have been around for hundreds of years and can play an important role in planning for the future. With families becoming more complex, trusts can help to smooth out financial issues, clarify inheritance intentions and avoid disputes.

They’re not just for the super-wealthy. People set up trusts for all sorts of reasons but the most common include:  t o protect and keep control of family assets such as a farm or other business b ecause someone is too young (under 18) to handle their own financial affairs  t o fairly distribute wealth among family members (including those not yet born)  t o make sure that a dependent relative will be cared for in the future

ANNA MOLTER | Senior Associate Solicitor a.molter@barcankirby.co.uk 0117 910 1094 KINGSWOOD

There is no limit on the amount that can be placed in trust, so you can ring fence large sums. (But be aware that if the value of assets you transfer into trust exceeds your nil rate inheritance tax (IHT) band (currently £325,000) then it will be subject to IHT at 20 per cent.) You can also use your annual allowances for small financial gifts and put these sums into a trust rather than give them to the individual directly; this is especially suitable if you want to give regularly to young children.

Trusts can be useful for inheritance tax planning. Anna Molter, Senior Associate at Barcan+Kirby says: “Say you have a life insurance policy which will pay out on your death. If you put the policy into trust and live for another seven years, then 

Trust technicalities A trust is a legal entity which allows someone (the ‘settlor’) to give property to another party (the ‘trustee’) to hold for the benefit of one or more persons (the ‘beneficiaries’). There can be more than one beneficiary - individuals, a specified group or a whole family. They can benefit in various ways, such as receiving income (maybe from renting out a house held in the trust), or capital only (being given shares held in a trust when they reach a certain age) or getting both income and capital from the trust.

There are different types of trusts, each taxed differently. One of the simplest forms of trust is a bare trust, where the beneficiary is entitled to capital and income, and can take ownership of the assets if they are legally able to do so (that is, aged 18 or over and ‘of sound mind’). Families often use bare trusts to hold shares for children under the age of 18.

You can set up a trust during your lifetime or it can be set up in the event of death by your Will (or by statute if there is no Will and only minor beneficiaries).

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barcankirby.co.uk | 0117 325 2929

“No two trusts are ever the same, and every situation is unique. If you get it right first time, you’ll avoid misunderstandings and expensive mistakes in the years to come”

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TRUSTS

18

"XXXXXX XXXXXX XXXXXX XXXXXX XXXXXX XXXXX"

 when you die the value of the policy is paid into the trust and is not subject to inheritance tax.”

Providing for care fees We are all living longer and trusts can help families prepare for a future which may involve the costs of long-term care.

Where spouses/civil partners own their home as ‘tenants in common’ (meaning they both own an equal share), they can gift that share to the other partner in trust in their Will. The surviving spouse can then go on living in the family home or buy somewhere more suitable. And if the surviving partner needs long-term care outside the home, then the half share of the property belonging to the trust can be invested to provide an income which can be used for care homes fees, while the capital remains protected for children, grandchildren or other beneficiaries.

Trustees (who can also be beneficiaries) become the legal owners of the assets held in the trust. They are personally liable and must manage the trust on a day-to-day basis and make decisions about its assets. If you are asked to be a trustee, check in advance what will be required of you before you say yes.

Get it right first time It goes without saying that the exact working of a trust needs to be precise, so you should ask a solicitor to set it up. Says Anna, “No two trusts are ever the same and every family situation is unique. Taking time to get it right at the beginning means you’ll avoid misunderstandings and potentially expensive mistakes in the years to come, and your family and other chosen beneficiaries can enjoy your generosity as you intended.”

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Buying a property together? Consider a ‘declaration of trust’ These days it’s very common for a couple who are not married/in a civil partnership to buy a home together and each contribute unequal sums towards the purchase. To avoid problems further down the line, such buyers should seriously consider a ‘declaration of trust’. It will set out who is responsible for the mortgage repayments and household bills, and what happens to the property and any sale proceeds if the relationship ends.

Anna Molter, Senior Associate at Barcan+Kirby adds: “With high property prices in Bristol, family members often want to help younger relatives with the deposit they need to get a foothold on the property ladder. Where the buyers are unmarried, those handing over the cash may understandably want the recipient to enter into a declaration of trust so that he or she will be able to keep hold of the money if the property is sold in the future.”

Where to get help There is a lot of helpful information on the HMRC website and the Government’s Money Advice Service.  www.gov.uk/trusts-taxes  www.moneyadviceservice.org.uk/

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15/03/2018 12:36

FOOD + DRINK

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Well preserved Adding fermented foods to your diet can improve your immune system and boost energy. What’s more they can be made easily at home

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he famous British explorer Captain Cook is in the history books as one of the first Europeans to discover the eastern coastline of Australia, but what’s less well known about the ancient mariner is that he was also a keen early adopter of food fermentation. The health benefits of the barrels of Vitamin C-rich fermented cabbage (sauerkraut) that he took on his ocean journeys in the 1700s is on record as having eradicated the sailor-killing disease of scurvy from his crew.

Obviously, food fermentation predates the good Captain and his endeavours by a fair few centuries, and it has always been a global proposition. In Korea they eat kimchi, cortido is popular in South America, while miso, tempeh and tamari are traditional Asian foods.

However, it is notable that the practice of fermenting food at home in the kitchens of the United Kingdom has witnessed a spectacular resurgence in popularity in recent years, with

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any number of festivals and workshops all expounding the health benefits of preserving your own.

A gut feeling There are two types of fermentation: alcoholic and lactic acid.

Alcoholic fermentation is used to produce beer, bread and wine, while the latter is applied to foods. You can ferment almost any food, but fruit, vegetables and dairy products are by far the easiest and most effective.

Without going into the realms of science too deeply and giving everybody a headache in the process, fermentation is the process of using micro-organisms, such as bacteria or yeast, to convert carbohydrates to alcohol or organic acids under anaerobic conditions.

Food writer and chef Charlotte Pike is the author of Fermented, an excellent book on the subject: “Fermentation has risen in popularity as people are becoming more and more interested in gut health, traditional methods of food preparation

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A world of ferment KEFIR: Kefir is a fermented drink that tastes similar to yogurt. It’s made using ‘starter’ grains, in the same way as sourdough bread has a starter. It is popular in Russia and is loaded with probiotic health benefits. It is most commonly made with dairy milk (no, not the chocolate).

KIMCHI: Kimchi is a spicy and popular side dish enjoyed in Korea and is made out of napa cabbage and Korean radishes. Since it is low in carbs and high in vitamins, minerals, dietary fibre and phytochemicals, it is a perfect fermented food for weight control.

Charlotte Pik e’s FERMENTE D is available fr om charlotteskit chen diary.com

KOMBUCHA: A sour, lightly sparkling drink, kombucha is a sweetened tea cultured with a colony of bacteria and yeast. Its benefits are reported to include reducing blood pressure, improving cholesterol levels, and detoxifying the body.

SAUERKRAUT: Sauerkraut is finely chopped cabbage that has been fermented by lactic acid-producing bacteria. Studies have shown that fermented cabbage contributes to the protection of blood vessels, and contains vitamin C, dietary folates and manganese.

TEMPEH: Made from cooked and fermented soybeans and formed into a patty, similar to a veggie burger. It is a high-protein, relatively low-fat and cholesterol-free food similar to tofu, but with its own distinctive taste.

and nutrition,” she says. But what are these benefits? Well, for starters, eating fermented foods is very good for you. They help to improve digestion and increase the bioavailability of nutrients, as well as manage and prevent diseases, including H. pylori infection, cancer, liver disease, arthritis, lactose intolerance and inflammatory bowel disease.

Charlotte is convinced of their advantages: “Fermented foods and drinks are rich in probiotics and are an important way of promoting gut health, which is crucial to overall health and wellbeing. They are an easy and delicious way to add extra nutrition into your diet.”

Break it down It is all to do with the health of the gut. The process of fermentation breaks down already present nutrients into more easily digestible forms. Meaning that you’re likely to absorb more of the nutrients in food when it is fermented. For example, fermenting dairy products, such as milk, breaks down

lactose into lactic acid. Lactose is a sugar that causes digestive difficulties in many people.

Charlotte adds: “Just a little makes a real difference. Try some live yoghurt, homemade sauerkraut or kimchi, lightly fermented vegetables or sourdough bread. Fermented foods should be enjoyed unheated as heat destroys their natural bacteria. My book Fermented shows you how to make simple ferments from scratch, and gives you lots of ideas of how to incorporate them into delicious everyday eating.”

What’s more, the process of fermentation preserves food, as the organisms produce acetic acid, alcohol and lactic acid – all bio-preservatives that assist in retaining nutrients and preventing spoilage. Lactic acid acts as a preservative by reducing pH, which inhibits the growth of any harmful bacteria.

Fermenting your own food might initially sound like a pretty daunting prospect, but it can with done at home by following a set of fairly uncomplicated instructions, and the benefits might just be too good to ignore.

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15/03/2018 12:43

BUYING + SELLING

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Should I consider equity release?

Older home owners can tap into their property wealth but a great deal of consideration needs to be taken first

STEPHEN PARKER | Partner s.parker@barcankirby.co.uk 0117 919 2404 KINGSWOOD

I

t’s clearly great news that people are living much longer, but it’s not so great if you struggle financially. Decades of home ownership and rising house prices mean that lots of older people have built up significant property wealth. But they can’t use it to pay the bills.

All of this explains the growing popularity of equity release, a type of mortgage which lets older homeowners turn the value of their property into cash. In 2017, they withdrew an estimated £3 billion equity from their properties, the largest annual borrowing ever recorded and a 40 per cent jump on 20161.

Equity release is a loan secured on your home (a mortgage, in other words), which lets you take the cash as a lump sum or in instalments. Known as a ‘lifetime mortgage’, you can make repayments but most people simply let the interest roll up. You only repay the amount borrowed and any accrued interest when you die or move into long-term care.

Releasing capital There are lots of reasons why people choose a lifetime mortgage, says Barcan+Kirby Partner Stephen Parker. “One of the most common motivations is to release some capital to help adult children use it as a deposit on their own home.

Another might be to continue living in your home while being able to tap into some of that equity. But it can also be for building improvements, to pay off debts, fund school or university fees for grandchildren or simply to supplement pension income and ensure a decent standard of living.”

Individual lenders have their own criteria, but you can normally borrow up to 60 per cent of the value of your property. How much depends on your age and the value of your property. The minimum age for a lifetime mortgage is usually 55 but the younger you are, the more it is likely to cost you in the long run. Increased competition is pushing interest rates down and average lifetime mortgage rates are

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currently at a low of 5.3 per cent. Although if you don't make any interest payments during the term of the mortgage, the lender will usually apply a higher interest rate.

With a lifetime mortgage, you have the right to live in your home for the rest of your life, or until you need to move into long-term care. If you are a couple, no repayment is required until the surviving partner living in the home either dies or goes into permanent long-term care. You may be able to transfer the mortgage to a new property if you decide to move. And there’s no risk of negative equity: at the end of the contract, when the property is sold, even if there is not enough left to repay the lender in full, your estate will not be asked for more money.

While equity release may seem like the answer to several financial puzzles, Stephen Parker warns that it should not be undertaken without a great deal of thought and consideration.

“It is an expensive choice, with high penalties for early redemption. It will reduce the value of your estate and could even leave nothing for your family to inherit.”

Stephen says people should consider alternatives before deciding on a lifetime mortgage. Perhaps your grown up children would be happy to help you out financially now, in the knowledge they will inherit a debt-free property on your death? Can you draw on other savings or investments?

Downsize to a smaller house? Or even find new sources of income – perhaps let out a room in your big house?

Equity release is a highly regulated financial product, provided by a handful of specialist companies. In addition to arrangement fees of £1,500-£3,000, you should also budget for expert financial and legal advice. Unlike general mortgages, it is compulsory for potential equity release borrowers to take advice, and all advisers recommending equity release schemes must have a specialist qualification.

From the legal point of view, the process is actually fairly simple, but for Stephen Parker the focus is always firmly on making sure that the client and their next of kin clearly understand exactly what they are doing and its implications.

“It’s a big commitment and hard to undo if you change your mind,” he says. www.telegraph.co.uk/personal-banking/mortgages/older-homeownerswithdrew-record-3bn-equity-2017-south-pay/

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barcankirby.co.uk | 0117 325 2929

“One of the most common motivations is to release some capital to help adult children use it as a deposit on their own home�

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FAMILY

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Coping measures for divorce in later life

More older people are divorcing than ever before, but with a specific set of circumstances how do these ‘silver splitters’ ensure a fair settlement?

CHRIS MILLER | Partner c.miller@barcankirby.co.uk 0117 978 6037 BEDMINSTER

O

ne of the consequences of increasing longevity is that older people are divorcing in greater numbers. After all, when you can look forward to living for another 20 to 30 years, you don’t want to spend that time in an unhappy relationship. And couples who might have stayed together in order to raise their children feel they can comfortably separate once their brood has finally flown the nest.

In any successful divorce, the trick is to divide assets fairly and in a way that can best support two households.

The family home (probably mortgage-free), savings and investments are obvious assets to take into account when working out a fair financial settlement, but it is essential not to forget about any pension funds or pension income either party may have.

Consider the pension pot Insurance company Aviva has estimated that a typical couple divorcing in their 50s could have about £120,000 in combined private pension assets, assuming they married when aged 30. The older the couple, the bigger the pension pot is likely to be.

Chris Miller, Partner at Barcan+Kirby says: “People too often overlook the value of pensions when they come to separate. Yet a pension fund can be worth at least as much as or sometimes more than the family home. We see couples all the time who have amicably agreed to sell the home and split the proceeds, and share out their savings, but who have completely forgotten to factor any pension assets into their calculations.”

Of course, it is easier to understand the value of the house than the value of pensions. A couple might have one

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pension scheme between them or several each. They might have different types of pension – occupational pension, private pension or additional state pension. Someone might already be taking income from their pension fund.

Some European jurisdictions insist that all marital assets are divided 50/50, regardless of what the parties involved need or want, but English law makes it easier for both partners to get what’s important to them.

Some couples are clear about their priorities. Often, in a typical case, the wife chooses the house and the husband chooses the pension. Or the pension is offset against the value of the house so that fairness can be achieved.

Reforms introduced in 2015 gave people much more flexibility about how to spend their private pension funds.

There is no longer the obligation to buy an annuity and anyone can access their pension funds when they turn 55 through income drawdown or simple cash withdrawals.

For the divorcing couple, this opens up choices. However, with choice comes greater complexity.

It may be possible to share an occupational or private pension, and have payments made directly to both partners.

That’s why it’s essential to take expert financial advice about how to share pension assets, as well as the best legal advice on the options available.

The need for a ‘clean break’ Whatever you agree, you need to get any financial settlement agreed by the courts in order to achieve a clean break. A DIY divorce is not necessarily difficult or expensive but it will only end the marriage. You will also require a ‘consent order’, also known as a ‘clean break’ order, from the courts.

Without this, one partner can still make financial claims on the other even decades later. The most high-profile example is that of the former wife of the green energy entrepreneur Dale Vince. In 2011 – nearly 20 years after they divorced – she made a claim against her husband, and eventually won a not inconsiderable £300,000 after a legal battle costing over £500,000.

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Case studies Mr and Mrs P divorced after a long marriage. Mrs P took no legal advice.

She and her husband sold their home and each took 50 per cent each of the proceeds. Mrs P moved to Greece, bought a property and started a new relationship. When things didn’t work out, she moved back to the UK where she found herself with no home and no pension.

“We're talking about dismantling up to 20 or 30 years of a shared life, so take time to consider future needs and divide things properly”

Mr and Mrs S divorced after many years. They agreed a financial settlement but never finalised it with a court order. Mr S had issues with alcohol and spent all his share leaving himself with no income or property.

Because there had been no clean break order, Mr S was entitled to make a claim on Mrs S’s current assets.

Practical advice

Take your time Finally, take your time. Chris advises: “We’re talking about dismantling up to 20 or 30 years of a shared life and assets, so take the time to consider future needs and divide things properly. That’s the way to a fair outcome that meets the needs and priorities of both partners.”

At Barcan+Kirby, our specialist team of divorce solicitors work to protect the interests of our clients going through a marriage breakdown.

If you and your partner are considering separation or divorce, our family law solicitors can provide practical advice and legal support, tailored to your needs and circumstances.

barcankirby.co.uk | 0117 325 2929

A couple planning divorce after a long marriage should take expert advice – ideally from a solicitor who specialises in this field. Resolution’s 6,500 family lawyers and other professionals in England and Wales share a constructive, non-confrontational approach to divorce and other family matters, advocating mediation, collaborative and other ways of resolving disputes.

Resolution also accredits specialists and can help you find a lawyer with the expertise to help you reach the right solution for you both.

Divorce is rarely a pleasant experience.

When disputes become heated, it’s easy for emotions to take over and conflicts to escalate into costly court battles. But by seeking legal advice early, the challenges faced in separation can be overcome with minimal time and fuss.

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15/03/2018 12:58

BRISTOL RETAIL

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Feeling groovy tween, but one is now be far d an few e ar es or st e Rough Trad d it comes complete not only up and running in Bristol an its own live performance area with racks of vinyl but also

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ith its impressive back catalogue of high profile bands and an inordinately large number of live venues, Bristol has long been blessed with an enviably dynamic music scene. Indeed, some while back one of those entirely reputable surveys named Bristol as the UK’s most musical city with the perhaps fanciful assertion that it possessed the highest number of people in bands per capita than any other location in the country. Now to turn the musical envy factor up another notch or two, a Rough Trade store has recently opened in Nelson Street at the bottom of Broadmead.

The first Rough Trade store opened in 1976 in Ladbroke Grove and two years later it spawned the celebrated Rough Trade record label, which went on to be the home of such influential bands as The Smiths and

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The Libertines. For Bristol to be chosen as the venue of a store should be considered a major coup, due in no small part to the rarity of them, as store manager Seb Newton explains: “We only have five stores worldwide. There are two in London, there’s Nottingham, New York and now us. With its rich music culture and history, Bristol is a city perfectly in synch with what Rough Trade do.”

The decision to open a Rough Trade store in Bristol was accelerated by the closure of much-loved record shop Rise. Rough Trade owned Rise, but when they lost their building on the Clifton Triangle, instead of reopening Rise in a different part of the city they decided to opt for the full rebrand.

“Rough Trade is more music orientated than Rise with a much greater emphasis on live events. We have a dedicated live room and we will be hosting a lot of gigs to

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coincide with album releases, together with local promoter events as well,” says Seb. “Not all the Rough Trades are the same and they have the ability to absorb what’s going on in the city they are in. We’ll be doing something different here, and the store will reflect both the staff and the customers. All the people who work here, apart from myself, are involved in bands or local promotion and they are very closely tied in with the Bristol music scene. I’m sure that will come across in the sort of events we host here.”

Are you experienced?

The internet has changed the face of retail across the board and record shops are certainly no exception.

Retailers such as Rough Trade have to creatively combat the challenges of the online big boys. As Seb clarifies: “Record shops these days are more experiential. The internet has taken sales away from every type of retail business and we have had to respond. We want to be a place where people not only shop but can also come and hang out.”

To this end, the new store not only has the endless racks of vinyl and CDs that you would expect, but it also has a bar and café area for browsers to rest their weary feet. What’s more, there is a dedicated, fully soundproofed live area with standing room for 150. As Seb expounds: “We have a proper venue here. So our in-store performances are actual full-on live shows rather than just brief acoustic appearances.”

The intention is that during the first week of an album release a featured band will undertake a mini-tour of the Rough Trade shops. Entry to the show is gained by purchasing the album in-store. Seb again: “Everything goes hand in hand with the live event. People will buy the album and then go to the gig, have a drink and enjoy the shop. It all joins up.”

One thing Seb is very certain about is that the shop must appeal to a wide range of people with all sorts of tastes, and not possess even the merest whiff of musical elitism: “I’m sure some people might have that opinion of us but we really are trying to be the opposite of that. We

Best of Bristol We asked Seb at Rough Trade to recommend an album from a Bristol band and this is what he picked up off the racks for us. I Can’t Stand It Here On Quiet Nights is a superb collection from Maximum Joy – a post-punk collective whose sound ranged from jazz and reggae to punk, funk and soul.

Available on vinyl, naturally.

want to be able to have anyone come in and help them find what they want. We might not have the latest release pop album racked all over the shop, but we will want to have a copy or to make sure it is available to buy or order.

We want to be as inclusive as possible and would never be snobbish about anything.”

Into the groove

With so many albums on display, we couldn’t leave the shop without quizzing store manager Seb about the resurgence of vinyl. “The main reason that vinyl has come back, though it never really went away in Rough Trade shops, is that the alternatives just aren’t as good. There has been a reaction against the poor quality sound of MP3s and streaming. A very high majority of the albums we stock in the shop will sound considerably better than their digital counterparts. It sounds better and looks better.”

And who are we to argue with that?

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15/03/2018 14:05

EMPLOYMENT

Should you put up with ageism in the workplace?

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Everyone has the right to be treated fairly at work and there are laws to protect you against discrimination on the basis of age

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orking into your 60s, 70s and beyond is no longer a rarity, and for many it's a financial necessity. The past 15 years have seen a 60% rise in the number of people age 50-64 in the workplace, a third of the workforce is expected to be over 50 by 2020 and in the last 10 years, the percentage of employed 70-74 year olds has virtually doubled.

Despite the prevalence of older workers, many people age 50 and over feel unfavourably discriminated against because of their age. Barcan+Kirby Partner and employment law specialist James Bell explains where the law stands.

Q A

Can you let us know what the law says about age discrimination?

Under the Equality Act, which came into force in October 2010, it is unlawful to discriminate in the workplace because of age. The legislation replaced an existing regulation, which applies to everyone including employees, job applicants, trainees, office holders (such as directors), contract workers and self-employed, and spans all aspects and areas - from recruitment and employment terms and conditions to training, promotions, transfers and dismissals.

Rise in 50-64 olds in employment over past 15 years

60%

The fraction of workforce aged over 50 by 2020

1/3

The year the default retirement age was abolished

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Q A

What is regarded as discrimination?

Age discrimination is when you are disadvantaged or treated less favourably because of your age. The Equality Act recognises that it can take different forms and identifies four main types of age discrimination: direct discrimination, indirect discrimination, harassment and victimisation.

Direct discrimination is exactly what it says – for instance, being told directly that you are too old for something, such as a raise, a promotion or a training course.

JAMES BELL | Partner j.bell@barcankirby.co.uk 0117 914 7377 QUEEN SQUARE

Indirect discrimination is when a workplace or employment policy or practice impacts negatively on an older person. An example is offering a training course to recent graduates. As older people are unlikely to be recent graduates, they are excluded from being able to take up the training, which could constitute discrimination.

Harassment, the third type, covers things like offensive jokes or comments about age or age-related derogatory remarks about abilities.

Lastly is victimisation, which, in general terms, relates to less favourable treatment of someone who has made or supported someone who has made an age discrimination complaint.

Q A

Are there any exceptions to these types of discrimination for employers?

It may be lawful for an employer to discriminate if there is a very good reason for doing so. Known as 'objective justification', if discrimination is shown to be a proportionate means to a legitimate end – in other words appropriate and necessary – it may be considered justified and therefore allowable. An employer may have to prove this in court and may have to show that there are no other, less discriminatory options.

Q A

I'm under pressure to retire but I don't want to.

What are my rights?

Following abolition of the default retirement age in 2011, employers can no longer make it compulsory for an employee to retire or dismiss someone because they have reached 'retirement age' – unless they can justify it objectively.

Provided you are meeting the requirements of your job, you should be able to continue working as long as you like.

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“Discrimination on the grounds of age is against the law across all aspects of employment”

You no longer have to put in a request to work beyond age 65, and with no default retirement age any more, if and when you retire is largely, a matter of choice.

Q A

I've slowed down a little as I've got older. Is this grounds for dismissal?

As long as you meet the requirements of the job, no it isn't. If you are carrying out your role as required, the fact that you do so a little slower than previously shouldn't be an issue.

Q A

Q A

The job I want to apply for requires GCSEs but these qualifications weren't around when I left school. Is this discrimination?

A recruitment advertisement asking for GCSEs effectively disadvantages anyone who left school before they were introduced and therefore discriminates. In this case, the advertisement should state GCSEs or equivalent, and an employer is obliged to accept the equivalent.

Q A

People at work often make fun of my age.

Can I do anything to stop it?

Age-related jokes and remarks that are offensive or belittling can constitute harassment. This is a form of discrimination and your employer is required to manage it. Harassment can be directed at individuals, such as derogatory comments about age-related features like wrinkles, or can be part of the corporate culture, such as ageist jokes being routinely and freely told.

Career support It’s likely that you’ll be in employment for most of your adult life; but being an employee isn’t always plain sailing. Careers evolve, businesses change and people move on – it’s part of the employment lifecycle, but we’re not only here when things go wrong.

Whether it’s reviewing your contract, renegotiating your terms through to planning an exit strategy, our specialist workplace lawyers are adept at dealing with sensitive employment situations.

We provide prompt and professional advice on a range of employment-related issues, including redundancy, disciplinary issues and contract advice. We can also support you if you’ve been a victim of discrimination at work, or if you’ve suffered wrongful, unfair or constructive dismissal.

barcankirby.co.uk | 0117 325 2929

I'm thinking of changing jobs. Is my age likely to be a barrier?

By rights it shouldn't be a barrier. Discrimination on the grounds of age is against the law across all aspects of employment, including job advertisements and recruitment processes, unless there is objective justification for doing so. A company cannot choose not to interview you or decide not to employ you because of your age, and cannot offer unfavourable age-related employment terms and conditions.

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15/03/2018 14:11

ARTIST PROFILE

32

t n e m o AM e m i T In

Artist Tom White’s stunning photorealistic paintings of Bristol’s urban scene strive to capture the city’s cool charisma

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hile bridges, balloons and busy waterfronts are all well and good, Bristol-based artist Tom White takes to finding the inspiration for his paintings in the less iconic corners of the city. “My cityscapes are all about capturing ‘a moment in time’. The city changes so rapidly that a painting executed one month can invoke nostalgia the next.”

Putting his brushes down for a second, he explained to us the motivation behind his work and why Bristol never fails to deliver.

obvious views to paint the elegant decay of the back streets, with rotting door frames, peeling paint, faded facades and locals going about their everyday business. I never painted the Grand Canal again.

On my return to Bristol I found a very similar ‘elegant decay’ in districts such as Stokes Croft, Montpelier, St Pauls and Easton. Furthermore, with the right light (usually early morning) I found that some of the otherwise ordinary corners of the city became quite extraordinary. Often every bit as beautiful as Venice.

Q A

Q A

What attracts you to painting cityscapes? And why Bristol, in particular?

Early in my painting career I spent a lot of time in Venice on account of the iconic architecture and great light.

Within a short time I found myself drifting away from the

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A lot of your paintings feature graffiti – is this an art form you can relate to?

It appears in my paintings because it’s there and forms a fundamental part of the fabric of the districts I'm drawn to.

It acts as a window into the humour and charisma of the city.

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I often describe my paintings as ‘full disclosure’ as they include everything that is present (the road signs, dustbins, litter, vehicles and, of course, graffiti).

As a result of the graffiti in my work, I have been lucky enough to get to know many of Bristol’s finest street artists, some of whom such as Rowdy, Jamie Gilman and Alex Lucas now exhibit their work alongside mine, at the Great White Art Gallery on Perry Road.

Q A

You tend to start painting early in the morning, why is that?

It’s always the best time to paint in my opinion; the low sun, long, sharp shadows and people walking to work perhaps not fully appreciating just how beautiful their street looks today.

I also paint the same streets a number of times in different

light, a little like Monet and his Haystacks. It's amazing what a differing light quality can make to any street.

Q A

What best describes your style? Would you call yourself a photo-realist?

This is probably the most accurate way to describe my cityscapes. My natural style is loose and impressionistic which works well in landscapes, but it simply did not convey enough of the character of the streets, so I adopted a more realistic painting approach.

Q A

Many of your paintings feature pub facades, is this to capture them in a moment of time or are you waiting for them to open?

I love beer and characterful pubs, and Bristol has more than its fair share. I started painting pubs a long time 

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15/03/2018 14:17

ARTIST PROFILE

34

 ago, however following the financial crisis in 2008, it seemed a lot of pubs were closing so I focused on capturing as many as possible ‘just in case’.

Several of my favourite establishments did close and I’m glad I captured them in time. It’s different today, however, with many pubs thriving and new ones opening. I still like painting them, though! One of my favourites is The Star & Garter. The graffiti is by Sweet Toof and Rowdy, and is a nice example of a traditional oil painting capturing contemporary street art.

Q A

If you could place yourself in any city during any time period to paint – where would you be and when?

If I could choose any city in any timeframe, it would have to be Glasgow between 1950 and 1970, before the slums were cleared. This was the time and place that Joan Eardley worked, and it captured the essence of the city and its people

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so well. I paint frequently in Glasgow today and really enjoy every aspect of the city, but for pure charisma that period was the golden age.

Q A

How would you describe the current Bristol art scene? Is it looking healthy?

The Bristol art scene is incredibly vibrant, and equally importantly, well supported by Bristolians. If you visit any of the city’s open studios (BV, Jamaica Street, Spike), art fairs or galleries you will see large numbers of people engaged with the art. From a commercial point of view, it is that support that allows so many artists in Bristol to keep working.

To find out more and see Tom’s work in greater detail, visit cliftonfineart.com/artist/tom-white/

15/03/2018 14:18

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At Digby Associates we recognised that as a firm, the highest value that we can offer clients is to work towards financial security by delivering co-ordinated wealth management. To that end, what goals do you have that will take planning, time, money and ongoing co-ordination to achieve?

As your partner in building wealth and security, we generally focus on ways that we can help you live your life that you want to. By engaging in the services of Digby Associates you assure yourself of regular financial reviews and valuations, along with access to new ideas brought to you by the team.

The value of pensions and investments can fall as well as rise, you may get back less than you invested.

Your home may be repossessed if you do not keep up repayments on your mortgage.

SAVINGS & INVESTMENTS What goals do you have that will take planning, time, money and ongoing co-ordination to achieve?

PENSIONS & RETIREMENT PLANNING What does retirement mean for you?

Digby Associates Based in Bristol, Digby Associates provide a professional, but personal approach, believing every individual has different financial needs.

As such, our advice is tailored, so we invite you to get in touch to see how our financial advisors can support you to achieve your life goals and ambitions. Founded in 2007, Digby Associates has built its business on reputation; the caring financial advisors who want to add value to customers’ lives.

PROTECTION Financial peace of mind when you need it most.

MORTGAGES With over 25 years experience in placing and arranging property finance, our mortgage team will guide you through every step, from start to finish.

Digby Associates is a trading style of Digby Associates – Positive solutions Limited which is an appointed representative of Positive Solutions (Financial Services) Limited which is authorised and regulated by the Financial Conduct Authority. Digby Associates – Positive Solutions Limited is registered in England and Wales. Registration Number: 06245037 Registered Address: 236 Henleaze Road, Henleaze, Bristol, BS9 4NG

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15/03/2018 14:20

BUYING + SELLING

36

Selling a business?

How to prepare for a smooth transaction Selling your own small business can be fraught with pitfalls, but proper planning can help pave the way to a successful sale

GEORGINA BRYANT | Partner g.bryant@barcankirby.co.uk 0117 970 5905 QUEEN SQUARE

W

ith 5.7 million businesses1, Britain is certainly a nation of entrepreneurs. But at some point, even the most dedicated business owner may want to sell up – to pursue a new commercial opportunity, change direction or simply retire. And even if you are not ready to sell, smart thinking says you should prepare for that day – some advisers would even say that a good business plan should always include an exit strategy.

On your marks…

It won’t happen overnight. Georgina Bryant, Partner at Barcan+Kirby, says that a good rule of thumb is to allow at

least two years to plan and make a sale. “This gives you time to do things that might enhance the value of the business, as well as think about what you want from the sale. Especially where there are multiple owners or family members involved, it is really important to plan ahead and make sure you all agree on the objectives and strategy for the disposal.”

Get set...

The more you prepare and think everything through in advance, the easier the process will be for you, the buyer and other stakeholders. Any serious buyer will undertake ‘due diligence’ – a detailed investigation into the business.

Some buyers want to look at absolutely everything, others much less, but you can’t go wrong if you prepare for a detailed due diligence.

Incomplete or messy paperwork can put buyers off.

Having everything sorted in advance will also help when it comes to the final handover. Make sure that you have all the paperwork up to date. This includes documentation about

How we can help Barcan+Kirby and Independent Financial Advisers Sovereign are hosting a free breakfast event in central Bristol on Wednesday 16th May. This will include a seminar from Georgina Bryant, Partner and a Financial Adviser from Sovereign on the subject of selling your business and tax planning. If you are interested in attending the event, or would like some further information contact marketing@barcankirby.co.uk or phone 0117 325 2929

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the ownership of the business as well as essentials such as key terms & conditions, employee contracts, supplier contracts, customer records, register of assets, trademarks and IP. It’s also wise to spend some time thinking what you want to achieve from the sale. Is price paramount? Or do you want the right buyer? Someone who will value your staff and continue your legacy? Maybe you’d like to be involved with the business after the sale, perhaps as a consultant.

Brief your accountant and solicitor about your plans and find out what the tax implications could be. You might need advice from specialists before you can accurately value the business. They can also explain different ways to structure the sale – such as selling shares in the company or just certain assets of the business. Remember that you might prefer to sell the whole company, but a buyer may not want to take on all the liabilities.

Georgina Bryant suggests that it is prudent to work with legal advisers who have a successful track record for comparable sales. Give them enough notice “even if it’s only to check what you are agreeing in principle. No one can give the best advice if they only get to see the heads of terms/ letter of intent the day before they’re signed”.

How do you find the right buyer? Networking and word of mouth can uncover a trade buyer, somebody who already knows your business and your industry. Or you can go with a professional broker, a business to business matchmaker who finds a purchaser for you.

“Don’t overlook your employees,” says Georgina Bryant.

“The right buyer could be right in front of you. There can be advantages to a management buy-out: the buyers already know the business and staff and there are fewer issues around confidentiality as you are not handing your commercial secrets to a competitor.”

Be prepared for all sorts of questions from your buyer, but also undertake your own enquiries. How well does the buyer know your business and sector? Why are they interested in it? How will they fund the purchase? If a private buyer cannot raise the whole price at once, would you be prepared to take the risk of payment in instalments?

The most successful transactions occur when vendor and purchaser can communicate openly and build a good relationship. Says Georgina: “The sales that go most smoothly are always those where there has been honest dialogue and trust built over time. When you have that kind of relationship, it is easier (and often quicker and cheaper) for the principals to sort out issues face to face, without involving lawyers.”

Finally, be realistic when it comes to the actual sale.

Once you have found a buyer, events might move quickly or it could take up to a year or more. If the buyer is borrowing to pay for the business, then the timetable will be out of your control. In the meantime, remember that you will need to keep the business running as normal, so that it is in good shape when you finally hand it over.

1

http://researchbriefings.files.parliament.uk/documents/SN06152/SN06152.pdf

“Where there are multiple owners involved, it’s really important to plan ahead and make sure you all agree on the objectives and strategy for the disposal”

barcankirby.co.uk | 0117 325 2929

And go…

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15/03/2018 14:25

COURT OF PROTECTION

38

How can the Court of Protection help me?

The Court of Protection deals with the affairs of people who lack the capacity to make decisions for themselves

L

oss of capacity to make decisions can happen to any of us, whether through illness or injury. A previously set-up Lasting Power of Attorney (LPA) means that if the need arises, a trusted person can step in straightaway to take care of things. But if there is no LPA in place, looking after someone's affairs becomes a matter for the Court of Protection. Barcan+Kirby Partner Tom Sharkey puts us in the picture.

Q A

First of all, what is the Court of Protection and how did it come into being?

The Court of Protection was created under the Mental Capacity Act 2005 to safeguard the rights of vulnerable people who have lost the capacity to make decisions for themselves. Loss of capacity could be due to conditions such as dementia or because of serious injury, such as brain injury.

If someone is no longer able to make their own decisions, the Court of Protection has the authority to make decisions on the person’s behalf or can appoint what’s known as a deputy to do so. A deputy is normally a relative or close friend, or a professional deputy could be appointed, such as a solicitor.

Q A

Who is in a position to decide if someone has lost capacity?

A decision about whether someone has lost capacity is made by The Court of Protection, and is based on medical evidence provided by doctors, psychologists or other mental health professionals.

Q A

What sort of decisions can the Court make for someone who lacks capacity?

The Court can make decisions about a person’s property and financial affairs, and their health and welfare. This could include where a person should live, for example, how their money is managed and what medical treatment they should receive. The Court is also in a position to decide whether or not to appoint a deputy to manage the person's affairs.

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TOM SHARKEY | Partner t.sharkey@barcankirby.co.uk 0117 919 2039 KINGSWOOD

Q A

What sort of decisions is a deputy able to make on the person’s behalf?

A deputy is able to apply to make single or ongoing decisions about a person’s property and financial affairs, their health and welfare or both.

For property and financial affairs, this could include authorisation to manage bank accounts and investments and pay bills, and for health and welfare, decisions such as what care or medical treatment a person should receive.

The Court will issue an order, which specifies what actions and decisions the deputy can and can’t make.

Depending on the circumstances, this could be general or limited powers, which means that another application may need to be made to the Court for permission to do something that is not specified, such as deal with the sale of a property, for example.

In reality, orders authorising ongoing decision-making are normally only given for property and financial affairs, with the Court on the whole tending to prefer to grant authority for health and welfare matters on a single-issue basis.

Q A

Who can be appointed as a deputy and what relationship must they have with the person?

Anyone aged 18 or over can apply to be a deputy.

They are usually family members or close friends of the person concerned, and the Court can appoint two or more deputies to act for them.

As the responsibilities of deputyship can be demanding and complex, some families opt to appoint a professional deputy such as a solicitor. In some cases, for example where there is nobody suitable to act as deputy or the person’s affairs are complicated or the estate is of high value, the Court itself may decide that a professional deputy is necessary.

15/03/2018 14:28

The role of deputy clearly carries responsibilities.

What obligations do they have?

The role of deputy carries a lot of responsibility, and every decision must be in the person’s best interest and taken with considerable care. As a deputy, you can only make decisions as specified by the Court, and only if the person you’re acting for is unable to do so for themselves.

If you take on the role, you will need to keep records of everything you do on someone’s behalf and keep copies of all relevant paperwork and documents, such as receipts and bank statements. You will also need to file an annual report explaining all the reasons for the decisions you’ve made and why they are in the person’s best interest.

Q A

Is it necessary for deputies to be monitored by anyone?

Yes it is. Deputies are supervised by The Office of the Public Guardian to ensure that they comply with the Court’s order and act in the best interest of the person concerned. Levels of supervision will vary depending on the deputy and the things they are responsible for.

Q A

If I wanted to apply to be a deputy, how would I go about it?

Making an application involves completing lengthy forms and supplying numerous supporting documents. It can be a difficult and demanding process so getting specialist help is often a good idea. Once an application has been submitted, the Court of Protection can take four months or more to complete assessments and appoint a deputy, however, complex cases can take a lot longer.

Statutory Wills

What they are and how they’re granted In order for a Will to be valid, the person who made it must have had the mental capacity to do so at the time.

If someone has lost capacity without making a Will, however, or if changes need to be made to an existing Will after capacity is lost, an application can be made to the Court of Protection for what’s called a ‘Statutory Will’. In most cases, the applicant will be the person’s court-appointed deputy or deputies, and it is their responsibility to draft a proposed Will for approval.

A Statutory Will must always be made in the best interests of the person concerned and the Court will want evidence that what is proposed and the people named as beneficiaries are likely to be a true reflection of what the person would have wanted. The process is a detailed and sometimes complex one and it can take around six months. As well as requiring proof that the person is not able to make a Will themselves, the Court will also want a range of documents and information, including a family tree, full financial information about the person’s estate and assets, and a copy of a current Will if an amendment is applied for.

barcankirby.co.uk | 0117 325 2929

Q A

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15/03/2018 14:31

COUNTRY COMFORTS

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15/03/2018 14:37

THESE

BOOTS WALKING WERE MADE FOR

A long country walk is a great way to spend some time away from the hustle and bustle of the city. Factor in a pub and you’ve got a winning equation

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ark Twain is linked, rightly or wrongly – we think wrongly – with the golf-bashing idiom “a good walk spoiled” and for many he might be right on the money. However, putting the clubs aside for a moment, what the American writer and humourist didn’t factor into the walking equation was a traditional country pub at the end of the journey. If so, before downing his pint and tucking into a ploughmans’ lunch, we would surely be accrediting him with a quote along the lines of “a good walk improved”.

Let’s face it, there’s nothing quite like earning your favourite tipple by stretching out the legs and taking in the stunning countryside around Bristol.

To this end, we’ve been (unusually) painstakingly thorough in our research to supply you with a selection of nearby country walks all of which possess the magic ingredient of a pub at the end of them.

Our directions are indicative only, so we would advise that you consult a map or explore the internet for a more detailed set of instructions. But above all we recommend you get your boots on and start walking…

The Lock Keeper @ Keynsham WALK | Distance: 2.5m | Time: 50 minutes | Difficulty: Easy PUB | Food: Yes | Dog Friendly: Yes | Beer Garden: Yes

This riverside trek is rich in historic and wildlife interest and, what’s more, it takes in some great pubs along the way. Essentially it’s a walk from Keynsham to Hanham and back, or vice versa if you are so inclined. Our version starts at The Lock Keeper in Keynsham and heads west along the River Avon Trail.

Along the way you’ll see traces of the old Londonderry Wharf and The Dramway that once carried coal from Kingswood to the river. Once you get to Hanham you have the option of visiting either the Old Lock & Weir or The Chequers for some liquid refreshment before heading back the way you came.

Alternatively, you can loop back, walking parallel to the A4 taking in some wild grasslands and exposed rock strata. 

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COUNTRY COMFORTS

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

Red Lion @ Lacock

Anchor Inn @ Oldbury-onSevern

WALK | Distance: 2m | Time: 40 minutes | Difficulty: Easy PUB | Food: Yes | Dog Friendly: Yes | Beer Garden: Yes

WALK | Distance: 5.2m | Time: 2 hours | Difficulty: Easy PUB | Food: Yes | Dog Friendly: Yes | Beer Garden: Yes

This is your opportunity to explore the medieval market village of Lacock, with its superb architecture and houses dating back over 800 years. The route opens up to beautiful views of the surrounding countryside and the River Avon, as it follows the river bank through the valley of Snaylesmeade, on which stands the historic Lacock Abbey.

The National Trust owns two pubs in the village, and it would be wrong not to frequent them both. The walk starts at the Fox Talbot Museum (itself worth a look) and passes the Red Lion on your left. Along the way you’ll get to see a tithe barn, a weir, St Cyriac’s church and some wonderful views of the River Avon, not to mention the historic Lacock Abbey itself.

This pleasant stroll begins in Oldbury-on-Severn, a small village near the mouth of the River Severn, and heads along the estuary to the original Severn Crossing and back again. The walk uses paths and lanes including sections of the Severn Way and Jubilee Way. It is mostly along the top of the river levees and provides wonderful panoramic views.

The path climbs up onto a cliff as it approaches the bridge, providing an excellent viewpoint of both the original crossing and the new bridge further down the river. As you head inland to return to Oldbury, you’ll pass through farms and the villages of Littleton-onSevern and Cowhill, until you reach your destination, the wonderful old stone-built Anchor Inn.

New Inn @ Blagdon

port of call @ clifton

WALK | Distance: 6.25m | Time: 2.5 hours | Difficulty: Medium PUB | Food: Yes | Dog Friendly: Yes | Beer Garden: Yes

WALK | Distance: 2.5m | Time: 50 minutes | Difficulty: Easy PUB | Food: Yes | Dog Friendly: Yes | Beer Garden: Yes

This lovely easy walk starts at the village of Blagdon and heads down to and over the dam, originally built in 1891, and around the lake. You’ll pass through or near to Butcombe (famous for its beer), Nempnett Thrubwell, Ubley and back to Blagdon, with the enticing prospect of a pint in the New Inn’s fantastic beer garden. It’s just over six miles in distance and the terrain is perfectly accessible throughout, so no death-defying stunts will be necessary. The lake’s rich supply of food ensures a thriving population of waterfowl, including coot, moorhen, tufted duck, sedge warbler, shoveler and Bewick’s swan, to name a few. Once back in Blagdon you can loosen your laces and sample its family-friendly atmosphere and pub grub.

The Downs consists of Clifton Down and Durdham Down, bordering the Clifton Village, Clifton and Redland areas of the city. Together they represent a huge area of protected parkland within walking distance of other major attractions such as the Clifton Suspension Bridge, giving the impression of being surrounded by countryside. What’s more they are very easily accessed from the rather excellent Port of Call public house, which is handily tucked away at the top of the Whiteladies Road. You could always plan a circular walk – with a distance of your choosing – for a Sunday morning and you can end up back at the Port of Call just in time to treat yourself to one of their well-regarded traditional roast dinners.

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Barcan+Kirby Our people Our services

barcankirby.co.uk | 0117 325 2929

Contact details Office addresses Useful information

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15/03/2018 14:43

DIRECTORY

44

DIRECTORY: SERVICES

Our Expertise

We have developed a reputation for excellence, providing specialist support and advice across a range of areas, delivered by expert lawyers and supported by a core commitment to client care and understanding

BUYING + SELLING Stephen Parker Partner 0117 919 2404 s.parker@barcankirby.co.uk Kingswood

 Residential conveyancing  New build properties  Leasehold homes + leasehold extensions  Help to Buy + shared ownership  Transfer of ownership  Buy-to-let purchases  Re-mortgages

COMMERCIAL PROPERTY Alex Castiglione Partner 0117 914 7370 a.castiglione@barcankirby.co.uk Clifton

COMPANY LAW Georgina Bryant Partner 0117 970 5905 g.bryant@barcankirby.co.uk Queen Square

 Boundaries  Ownership  Rights of way/easements  Right to extend  Business lease renewals  Landlord + tenant (commercial)

 Joint ventures  Shareholder agreements  Business acquisitions + disposals  Company formations  Corporate governance  Public procurement + regulatory issues  General company + commercial law

DISPUTE RESOLUTION Bill Willcocks Managing Partner 0117 929 3251 b.willcocks@barcankirby.co.uk Queen Square

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 Contract disputes  Debt recovery  Boundary + right of way disputes  Landlord + tenancy disputes  Commercial property disputes  Wills, estates + inheritance disputes

15/03/2018 15:03

”Thanks for the way in which you have supported Mum throughout this transaction. She has sung your praises as having the perfect balance of empathy and professionalism!”

Buying + Selling client

EMPLOYMENT

For employees  Employment contracts + conditions of employment  Grievance + disciplinary issues  Settlement agreements + severance agreements  Redundancy advice + claims

James Bell Partner 0117 914 7377 j.bell@barcankirby.co.uk Queen Square

For employers  Contract law  Maternity + paternity rights  Redundancy + settlement agreements  Disciplinary procedures + tribunals

Jim Gridley Senior Partner 0117 919 2034 j.gridley@barcankirby.co.uk Horfield

 Divorce + separation  Legal advice regarding children + private finance advice  Civil partnerships + civil partnership disputes  Prenuptial + cohabitation agreements  Domestic violence  International child abduction  Collaborative law + mediation

FAMILY

Richard Harries Partner 0117 910 2255 r.harries@barcankirby.co.uk Queen Square

 Brain + head injury  Cancer + other misdiagnosis  Car, cycling + road traffic accidents  Orthopaedic + fractures  Spinal injuries  Workplace accidents

WILLS, TRUSTS & PROBATE Amanda Firth Partner 0117 914 7380 a.firth@barcankirby.co.uk Bedminster

 Making or changing a Will  Probate  Setting up + administering trusts  Estate planning  Lasting Powers of Attorney  Advice to the elderly

barcankirby.co.uk | 0117 325 2929

MEDICAL NEGLIGENCE & PERSONAL INJURY

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DIRECTORY

DIRECTORY: OFFICES

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Our Offices

We have six offices, all conveniently located across Bristol and South Gloucestershire, which provide advice and guidance to individuals and businesses within the South West and nationwide

About Barcan+Kirby

Contact a solicitor in South Bristol Barcan+Kirby Solicitors 31 North Street Bristol BS3 1EN 0117 325 2929 Me od Rd

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For more information about our expertise and services or to book an appointment please contact us:

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We’re far from being a stuffy, rigid law firm. Instead we’ve combined a fresh, modern approach with our traditional values to ensure that we’re still as relevant today as we were 20 years ago.

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We also recognise the impact of our business and adhere to a Corporate Social Responsibility Policy. We’re committed to behaving responsibly, minimising our environmental impact and developing links with our local community.

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Naturally we’re proud of our professional reputation. Many of our lawyers are leading practitioners in their field and we’re consistently recommended for our clinical negligence and personal injury work.

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Our core values drive our culture and are at the heart of everything we do. As well as providing high quality, professional advice, we believe in finding practical, common-sense solutions to your issues whilst maintaining the highest standards of client care.

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Leading Law Firm in Bristol At Barcan+Kirby we pride ourselves on being friendly and approachable. We’re passionate about providing you with legal solutions that are intelligent, efficient and clear.

Providing a high standard of client care is the cornerstone of our success. We understand that you don’t just want a legal expert; you also want someone who listens and understands what you’re trying to achieve.

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”I would like to express my gratitude for the sensitive way you dealt with my divorce.

Your advice was clear and helpful, and you guided me through a very difficult time” Family Law client

THORNBURY

Contact a solicitor in Horfield Barcan+Kirby Solicitors 374 Gloucester Road Bristol BS7 8TP 0117 325 2929

Contact a solicitor in South Gloucestershire Barcan+Kirby Solicitors 36 High Street Thornbury BS35 2AJ 0117 325 2929

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Contact a solicitor in Kingswood Barcan+Kirby Solicitors 111/117 Regent Street Bristol BS15 8LJ 0117 325 2929

Contact a solicitor in Bristol city centre Barcan+Kirby Solicitors 49/50 Queen Square Bristol BS1 4LW 0117 325 2929

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DIRECTORY

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DIRECTORY: FOCUS ON

Dispute Resolution

If you’re unable to sort out a conflict or disagreement with another party then a dispute resolution lawyer can offer their expertise

MARK SCANLON | Solicitor m.scanlon@barcankirby.co.uk 0117 978 6048 QUEEN SQUARE

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egardless of whether you’re a business or individual, if you’re unable to resolve a conflict or disagreement with another party then our dispute resolution lawyers can help.

We provide comprehensive support and advice to individuals and businesses in Bristol and the South West.

Protracted disputes that are left unresolved can be stressful and, sometimes, can get pricey. That’s why it’s to everyone’s advantage to resolve the matter quickly and efficiently.

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When you come to our litigation solicitors, we’ll talk you through your options and work with you to find practical, cost-effective solutions. We’re skilled in all forms of dispute resolution so as well as court action, we can also offer you less confrontational alternatives, such as mediation and direct negotiation.

We’re also experts in debt recovery and disputes over contracts, commercial property, Wills, estates and inheritance, boundaries and rights of way, as well as disputes over landlord/tenancy agreements.

The Dispute Resolution team at Barcan+Kirby make it their priority to resolve your dispute quickly and efficiently, whilst always protecting your best interests.

For straightforward and practical help and advice please get in touch with us.

15/03/2018 15:17

”Without proper legal guidance it’s easy to make mistakes, making it more likely that in the future a disappointed beneficiary will contest the Will”

FACT SHEET: Will disputes and contesting a Will

Greater risk Often it’s just because it appears financially worthwhile to stake a claim against the Will. Greater life expectancy and the UK property boom have resulted in an ageing and wealthy population. But this also means a greater likelihood of vulnerable and dependent adults falling victim to unscrupulous

individuals, whether that’s a stranger or a friend, neighbour, carer or even a family member.

You could consider disputing a Will if you believe that your loved one was coerced into changing their wishes, or if they lacked the necessary mental capacity to write a Will.

Or your loved one may have – somewhat unexpectedly – left a significant proportion of their estate to a charity, cause or someone you don’t know, disinheriting family members in the process.

Nonetheless, if you feel that you’ve been unfairly excluded from a Will, or if you’re an executor on the receiving end of a Will challenge, it can be difficult to know where to start.

First steps So if you suspect that a Will is invalid, or you decide that you want to contest the Will of a loved one, what should you do?

Your first course of action is to speak to a contentious probate solicitor with expertise in managing Will challenges and inheritance disputes.

They will discuss with you the grounds on which you can contest a Will and they can investigate the circumstances under which the Will was prepared.

Once you have all the necessary information, your solicitor can guide you towards a satisfactory outcome for all concerned.

barcankirby.co.uk | 0117 325 2929

You might think that writing a Will is the easiest and most effective way to stop any arguments after your death. But according to some people, the deceased doesn’t always know best.

Contesting a Will isn’t easy – it can be emotionally draining, costly and time-consuming. Accusations fly, families fall out and charities fight. Yet inheritance disputes are becoming commonplace.

So what is leading more people to challenge the Will and wishes of their loved one?

This growth could partly be due to an increasing number of people choosing to go it alone and ‘DIY’ their Wills. Without proper legal guidance, it’s easy to make mistakes – making it more likely that in the future a disappointed beneficiary will contest the Will.

In addition, our family structures are changing.

Difficulties and issues are compounded by complex and extended family relationships. People marry, remarry and cohabit with new partners. Or there may be children from different relationships.

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15/03/2018 15:18

LIFE + WORK

50

The Last Word:

Fiona Dabell

Living in Wiltshire and working in Bristol, Fiona has the best of both worlds

Q A Q A

How long have you been working at Barcan+Kirby?

I started working at Barcan Woodward in May 2008 (pre-merger), so nearly ten years now.

What for you is the best thing about working at the firm?

I really enjoy coming to work every day. It’s very clear to me that a large part of this is down to the fact I really like the people I work with – they are an awesome lot.

But it’s also because there is generally a very happy feel about the place and I have always felt really well supported and valued.

Q A

Is there such a thing as a typical working day for you at Barcan+Kirby?

Not really. The work I do is varied and each case is very different, bringing with it different issues and problems to overcome. My cases could relate to an adult or child who has passed away prematurely or I could have a client whose life has been seriously adversely affected by injuries. I will be communicating with clients, medical experts and other experts ranging from an array of medical professionals through to forensic accountants for example.

No two conversations are ever the same.

Q A

What is the most rewarding thing about working in the legal profession?

For me, it’s all about being presented with a problem by a client, investigating it, and then finding ways through to a solution. The result may not always be what you were hoping for, but if you’ve done the very best you can, then hopefully your client will be satisfied. However, the best bit is that there is an individual or individuals at the heart of it all as I really enjoy contact with people – I don’t think I could do the job if it didn’t have that aspect to it.

Q A

Bristol is a great city. What is the best thing about working here?

Bristol is the other reason why I enjoy my job so much. I live in Wiltshire, so I tend to go to Bath when I’m not at work. Bath is lovely in its own gentrified way but

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FIONA DABELL | Assistant Solicitor f.dabell@barcankirby.co.uk 0117 325 2260 QUEEN SQUARE

Bristol is the opposite of Bath; it’s far more buzzy and “real”.

I feel very privileged to have the best of both worlds. I love working in Queen Square as it’s such a beautiful spot, and there are lots of bars and restaurants. You can sit on the green in the summer and join in the petanque matches against other businesses.

Some of us are in a running group so we run around the dock once or twice a week past the SS Great Britain and one of Banksy’s murals. You can’t really beat that… and it’s nice and flat, unlike where I live!

Q A

Do you have a favourite bit of architecture in the city?

I love the old buildings in King Street and, in particular, the Llandoger Trow and the Bristol Old Vic, both inside and out. I like the combination of old stone and new glass, so I think the Old Vic will look stunning when the new developments are finished.

Q A Q A

Have you seen any celebrities while you’ve been working in Bristol?

I saw Carol Vorderman at Temple Meads station once.

She was much smaller than I had expected her to be.

What is your favourite drinking establishment in Bristol?

Probably the Llandoger Trow. I have many happy memories of sitting outside the Llandoger after work with a beer listening to music coming from the Old Duke.

It’s a great old building too.

Q A

What would be your perfect night out in the city?

This would probably involve a drink somewhere in King Street, followed by a film at the Watershed and then on to eat a curry of some description.

My favourite Indian in Bath is the Mint Room, but I understand that the Kathmandu Nepalese restaurant in Bristol is pretty special.

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Expert legal advice, right on your doorstep With six offices across Bristol, we’re perfectly placed to provide legal advice at a location convenient to you.

Almost all of us will need legal advice at some point. For most of us, it’ll be routine – buying a house or writing a Will, for example. We can also help you if you’re having family problems or need advice on resolving a dispute.

Sometimes the advice you’ll need will be less routine, such as if you’ve had a serious accident.

Either way, our friendly and approachable team of specialists can assist you. Rather than blind you with technicalities and jargon, we’ll provide clear, practical advice tailored to your circumstances.

Professional advice, simply stated.

Buying + Selling + Commercial + Family + Wills, Trusts + Probate + Employment Medical Negligence + Personal Injury + Dispute Resolution + Court of Protection Barcan+Kirby CLIFTON 199a Whiteladies Rd, Bristol BS8 2SB HORFIELD 374 Gloucester Rd, Bristol BS7 8TP QUEEN SQUARE 49/50 Queen Sq, Bristol BS1 4LW

0117 366 7344

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BEDMINSTER 31 North St, Bristol BS3 1EN KINGSWOOD 111/117 Regent St, Bristol BS15 8LJ THORNBURY 36 High St, Thornbury BS35 2AJ

hello@barcankirby.co.uk

This firm is authorised and regulated by the Solicitors Regulation Authority. No: 568743.

www.barcankirby.co.uk

@barcankirby

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