Food pallets packed with essential items have been delivered to charities across Milton Keynes and Northamptonshire this Easter, providing vital support to food banks facing increasing demand.

The deliveries, funded through the MK Food Reach and Northants Food Reach campaigns, saw seven food pallets distributed to locations, across Milton Keynes and Northamptonshire, including:

• Baby Basics MK
• Baby Basics Northampton
• Milton Keynes Foodbank
• Shenley Community Centre
• Hope Northampton
• McCarthy Dixon Foundation
• Restore Northampton

The initiative ensures that frontline charities have the resources they need to support individuals and families in need.

Established in partnership between Franklins Solicitors and His Church Charity, MK Food Reach and Northants Food Reach raise funds to secure pallets of food and essential goods for redistribution to food banks and community groups across the region.

Richard Humphrey from His Church Charity said:

“We are grateful for all the retail and manufacturing partners who trust His Church to redistribute their surplus products to help vulnerable people through charities, like the amazing organisations we have supported through these campaigns this Easter. This campaign shows what’s possible when businesses and charities collaborate to make a difference in their communities.”

Andrea Smith of Franklins Solicitors added:

“We are proud to provide ongoing support to the MK Food Reach and Northants Food Reach campaigns and to bring some cheer to our local communities this Easter. By donating through these campaigns, businesses can be confident their money goes further, reaching those who need it most through the incredible work of His Church Charity.”

The pallets have been gratefully received… comments have included the following:

Louisa Hobbs from MK Food Bank said:

“The wide variety of food items in the donation – from essential store cupboard staples to cooking ingredients and treats – helps us offer choice, comfort and dignity to the people we support. These donations keep our shelves stocked, enable families and individuals to plan meals they will enjoy and help people feel cared for during difficult times.”

Sabrina Oakey said on behalf of the McCarthy-Dixon Foundation:

“Being able to sit together and share a warm meal helps create a welcoming, family-like environment where everyone feels included and valued.”

With demand for food banks and community support continuing to rise, Franklins Solicitors and His Church Charity are calling on more local businesses to get involved. By making one-off or ongoing donations, organisations can help fund future deliveries and ensure continued support for those who need it most.

To find out more or to set up a donation, visit:

MK Food Reach: https://www.justgiving.com/fundraising/MK-Food-Reach

Northants Food Reach: https://www.justgiving.com/fundraising/NH-Foodreach

Making a Will is a crucial step in safeguarding your future wishes, but it’s not just about deciding who inherits what. For a Will to be legally valid and enforceable, it must be made correctly – and with a full understanding of the legal requirements involved.

At Franklins Solicitors, we regularly advise clients who are unaware of the potential pitfalls when it comes to writing and signing a Will. Issues around capacity, execution and DIY or online solutions can lead to serious complications – or even render a Will invalid.

For a Will to be valid, the person making it (the testator) must have the mental capacity to do so. This is known as “testamentary capacity” and is a legal requirement under UK law.

The testator must:

As we are all living longer, cases involving capacity are becoming more common. Conditions such as dementia or mental health disorders don’t necessarily prevent someone from making a Will, but they do require extra care and often medical evidence to confirm capacity at the time of signing.

If there is any doubt, it is essential to seek professional legal advice early to avoid disputes later.

While it is legally possible to write your own Will by hand, we strongly advise against it. Homemade Wills, including handwritten or downloaded templates, are more prone to errors in language, format, and execution.

These documents are often:

During their lifetime, people usually do not pay CGT when selling their main home because of Principal Private Residence Relief (PPRR).

For Executors, the rules are different. PPRR is only available if:

A Will may seem straightforward on the surface, but the law surrounding estates, tax, and inheritance is anything but. One missing clause or a poorly chosen word can lead to disputes, delays, or your wishes not being carried out at all.

Online Will-writing services are widely advertised, but they often offer a one-size-fits-all approach that lacks the rigour and personalisation of professional advice. They typically do not account for complex family situations, blended families, business ownership, overseas assets, or vulnerable beneficiaries.

Even for seemingly simple estates, we regularly see clients needing to “fix” or challenge Wills made using online platforms – often at much greater cost than having done it properly in the first place.

One of the most common reasons a Will becomes invalid is incorrect witnessing. For a Will to be legally binding, it must be:

Crucially, witnesses cannot be beneficiaries of the Will, nor can they be married to or in a civil partnership with a beneficiary. If a beneficiary acts as a witness, they will lose their inheritance under the Will, though the rest of the document may remain valid.

Example: If you name your daughter as a beneficiary and she witnesses your Will, she will not receive her inheritance. Even if your son-in-law witnesses the Will, your daughter will lose her entitlement because the witness is married to a beneficiary.

A Will should reflect your current circumstances. Major life events can significantly affect how your estate should be distributed, yet many people forget to review their Will after these changes occur.

Marriage automatically revokes any existing Will unless it was made in contemplation of that specific marriage. This means if you marry after making your Will, you will effectively die intestate unless you make a new Will.

Divorce does not revoke a Will, but it does remove an ex-spouse as a beneficiary or executor – though other provisions remain in place.

We recommend reviewing your Will every five years, or after:

If you have children under 18, your Will should name guardians who will care for them if both parents die. Without this provision, the courts will decide who looks after your children – and their decision may not align with your wishes.

This is one of the most important reasons for parents to make a Will, yet it is frequently overlooked in DIY and online Wills, which often fail to prompt for this information.

A valid Will is not just a piece of paper – it’s a legally binding document and arguably one of the most important you will make. Getting it wrong can have life-changing consequences for those you leave behind.

At Franklins, we work closely with our clients to ensure that every Will is:

Whether you’re writing your first Will or updating an existing one, our experienced Private Client team is here to support you every step of the way.

If you are concerned about an existing Will or would like to make a new one, contact our Wills and Probate team for clear, practical advice.

When someone passes away, their Executors often need to deal with selling assets such as property, shares, or investments. One area that commonly causes confusion is Capital Gains Tax (CGT). The rules are similar to those that apply to individuals selling assets in their lifetime, but there are some important differences that can easily catch Executors out.

A common misconception is that CGT is based on what the deceased originally paid for an asset, which can be worrying if it was bought decades ago and has gone up a lot in value.

The good news is that there is a “free uplift” on death. This means that the starting point for CGT is the asset’s value at the date of death – not what was originally paid. Executors only pay CGT on any increase in value from the date of death to the date of sale.

Example: If the deceased bought a property for £100,000 in 1990, and it was worth £400,000 at the date of death, the estate’s base cost is £400,000. If Executors later sell it for £420,000, CGT is only payable on the £20,000 gain.

CGT only arises when the Estate actually sells an asset for more than its value at death. Importantly, there is no CGT liability when assets are transferred directly to beneficiaries – this is not treated as a disposal for CGT purposes.

This means Executors should consider whether it is better to sell assets themselves or to transfer them to beneficiaries, who can then use their own CGT allowances if they choose to sell later.

During their lifetime, people usually do not pay CGT when selling their main home because of Principal Private Residence Relief (PPRR).

For Executors, the rules are different. PPRR is only available if:

In practice, this usually only applies where the deceased owned the property with someone else who still lives there.

If PPRR does not apply and CGT is due on the sale of UK residential property, Executors must report the gain and pay any CGT due within 60 days of completion.

This is a strict deadline and applies even if the Estate’s overall tax return is not yet due. Failure to report and pay within 60 days can result in penalties and interest charges.

The 60-day rule does not apply to other assets such as shares or commercial property, which are reported on the Estate’s annual tax return.

Just like when selling in your lifetime, the Estate can deduct certain costs from the sale price before working out the taxable gain. These include:

If solicitors are handling the Estate administration, part of their fees can also be deducted.

Estates have the same annual CGT exemption as individuals – currently £3,000 for the 2024/25 tax year (much lower than in recent years).

Executors can only use this exemption in:

After that, the exemption is lost if assets are still unsold.

This means timing can be important. If possible, Executors should consider whether delaying a sale into a new tax year allows them to use another year’s allowance.

A useful tax planning tool is ‘appropriation’, where an asset is allocated to beneficiaries before it is sold.

This means the sale is treated as if it was made by the beneficiaries, not the Estate. Each beneficiary can then use their own CGT allowance in addition to the Estate’s allowance.

For example, if there are three beneficiaries, the gain can be spread across the allowances. This can significantly reduce the overall tax bill.

Appropriation must be done correctly and documented properly, so Executors should take advice before using this strategy.

CGT in Estate administration can be tricky, with rules that differ from those for individuals. Executors should always take professional advice before selling assets, especially where values have risen significantly since the date of death. This ensures that the Estate is managed properly and avoids unexpected tax bills.

If you are acting as an Executor and need guidance on CGT or any other aspect of estate administration, contact our Wills and Probate team for clear, practical advice.

We plan for many things in life: careers, retirement, even our Wills. Yet fewer people prepare for the possibility of losing the ability to make decisions for themselves. With longer life expectancies and rising rates of dementia and other capacity-limiting conditions, planning for mental incapacity is more important than ever.

At Franklins Solicitors, we help individuals and families plan ahead with confidence and compassion. One of the most effective legal safeguards available is a Lasting Power of Attorney (LPA), a document that allows someone you trust to act on your behalf if you lose capacity.

LPAs are not just for the elderly. Anyone can suffer an unexpected accident or illness. Without an LPA in place, your loved ones will not have the automatic right to make financial or healthcare decisions for you – not even your spouse or children.

Instead, they may be forced to apply for deputyship through the Court of Protection, a lengthy, costly and emotionally demanding process. Creating an LPA in advance avoids this scenario and ensures that your wishes are respected by appointing the right people in the right way.

There are two types of Lasting Power of Attorney, each serving a different purpose:

Property and Financial Affairs LPA lets your attorney manage bank accounts, pay bills, collect pensions or even sell your home. This can be used as soon as it is registered, even if you still have capacity, making it useful if you need assistance while abroad or during periods of ill health.

Health and Welfare LPA allows decisions about your care, treatment and where you live, but only if you are unable to decide for yourself. This covers daily routines, medical treatment, moving into a care home and, in some cases, life-sustaining treatment.
Both types can be tailored to your preferences and registered in advance for peace of mind.

When appointing attorneys, many people choose to name more than one person, often family members such as siblings or children. They can be appointed to act jointly (all decisions made together) or jointly and severally (independently or together).

This choice has serious practical implications:

If you are acting as an attorney and encountering problems, or you are unsure whether to appoint attorneys jointly or jointly and severally, professional advice can help you avoid future complications.

Creating an LPA requires several steps:

Registration typically takes 8-10 weeks, though delays can occur. The registration fee is currently £92 per LPA, though exemptions and reductions are available for those on certain benefits.

While it is possible to create an LPA yourself, errors are common and can lead to delays or rejection. At Franklins, we help clients get it right first time, ensuring the document is legally valid, reflects your wishes and works in real-world situations.

If you made an Enduring Power of Attorney (EPA) before 1 October 2007, it may still be valid — but it only covers financial decisions, not health or welfare. We can review your existing EPA to check if it remains appropriate or if a new LPA would offer better protection.

If no LPA is in place and you lose mental capacity, a loved one must apply for deputyship to manage your affairs. This route involves:

Creating an LPA is faster, cheaper and gives you more control over who will act for you and how.

An Advance Decision (sometimes called a Living Will) is a separate document that allows you to specify which medical treatments you do or do not want to receive if you lose capacity to make those decisions yourself.

Unlike a Health and Welfare LPA, which appoints someone else to make healthcare decisions for you, an Advance Decision sets out your own preferences directly. It is legally binding if it meets the requirements of the Mental Capacity Act 2005.

Common decisions include preferences about resuscitation, life-sustaining treatment or specific medical interventions. An Advance Decision works alongside, not instead of, an LPA.

Putting a Lasting Power of Attorney in place is not just a legal task — it is an act of care for your future self and the people around you. It gives your loved ones the tools they need to help you if the time comes.

Whether you are preparing your own LPA or acting as an attorney for someone else, Franklins’ Wills, Trusts and Probate team is here to guide you. From start to finish, we ensure the process is handled correctly, compassionately and with your best interests at heart.

Contact our Wills and Probate team today to discuss Lasting Powers of Attorney and incapacity planning.

Planning how to provide for your children after you are gone can be an emotional and sometimes difficult process. Naturally, most parents want to treat their children fairly. But if a child is vulnerable or has additional learning needs, leaving them an inheritance outright may not always be the best option.

For example, a direct inheritance could:

In these situations, placing money into a Trust is often the most appropriate solution.

A Trust is a legal arrangement where assets such as property, money or shares are held and managed by one or more people (the Trustees) for the benefit of another (the beneficiary).

The Trustees have a legal duty to manage the Trust assets responsibly and in the best interests of the beneficiary. Importantly, because the beneficiary does not legally own the assets, the Trust can protect them from financial risks while still allowing them to benefit from the inheritance.

There are two main types of Trusts commonly used to protect vulnerable children or those with additional needs.

A Discretionary Trust is the most flexible option.

Because the beneficiary has no legal entitlement to Trust funds, their means-tested benefits such as Universal Credit, Personal Independence Payment or housing support remain unaffected.

To guide the Trustees, the person making the Will (the testator) should write a Letter of Wishes. While not legally binding, this document sets out your hopes and intentions, giving Trustees valuable direction when managing the Trust.

A Disabled Person’s Trust is designed specifically for someone who meets the statutory definition of disability under the Mental Health Act 1983 or who receives certain qualifying benefits such as Disability Living Allowance or Personal Independence Payment.

However, if your estate is substantial, the restrictions may mean that surplus funds cannot easily be distributed to others.

Trusts can be created during your lifetime or through your Will.

A Trust created in your Will only takes effect after your death. The Will itself acts as the Trust document, so there is no need for a separate Trust deed. Once your estate has been administered and any Inheritance Tax or debts settled, the Trustees can begin managing the Trust assets for the beneficiary.

Alternatively, you can create a Trust during your lifetime, which may be appropriate if you want to make provision now or if your circumstances require immediate planning.

Appointing the right Trustees is crucial. They will have wide-ranging powers and responsibilities, including the day-to-day administration of the Trust.

When deciding who to appoint, consider people who:

Many families appoint a combination of family members and professional Trustees, such as solicitors, to ensure both personal understanding and professional expertise.

Professional advice is strongly recommended before making your decision.

A Letter of Wishes sits alongside your Will or Trust and provides practical guidance for your Trustees.

A Letter of Wishes can be updated at any time without changing your Will, making it a flexible tool for providing ongoing guidance.

One of the key advantages of using a Trust for a vulnerable child is that it protects their entitlement to means-tested benefits.

If assets are held in Trust, they are not counted as belonging to the beneficiary for benefit assessment purposes. This means they can continue to receive vital support such as:

Without a Trust, a direct inheritance could disqualify them from these benefits or reduce the amount they receive, potentially leaving them worse off overall.

Every family situation is unique, and the most appropriate type of Trust will depend on your specific circumstances. Professional advice ensures that the right decisions are made for both you and your loved ones.

Considerations include:

If you would like tailored advice on Estate Planning and creating a Trust to protect a vulnerable child, our experienced Wills and Probate team is here to help.

While wills are essential for outlining your wishes after death, many individuals choose to take their estate planning further by using trusts as a powerful tool for control, protection and long-term planning. Trusts can offer valuable benefits both during your lifetime and beyond, particularly when it comes to managing wealth, minimising tax and providing for others with precision.

At Franklins Solicitors, we regularly advise clients on how to incorporate trusts into their wider estate strategy. When used correctly, they offer flexibility, clarity and peace of mind. But without proper legal guidance, they can also lead to unexpected risks.

A Trust is a legal arrangement where one or more people (the trustees) hold and manage assets on behalf of others (the beneficiaries). The person who creates the Trust is known as the settlor. Trusts can be used to pass on wealth, protect vulnerable individuals, manage property ownership or structure family business succession.

Contrary to common belief, trusts are not just for high-net-worth individuals. They are widely used in a range of everyday situations, including:

The key is to choose the right type of Trust and ensure it is properly established and maintained.

Trusts can address specific concerns that a basic will cannot. Common situations where trusts prove valuable include:

A life interest Trust allows your spouse to benefit from assets during their lifetime (for example, living in the family home or receiving investment income) while ensuring the capital ultimately passes to your children from a previous relationship.

Rather than inheriting a large sum at 18, funds can be held in Trust and released at specific ages or milestones, such as completing education or buying a first home.

Trusts can support relatives with disabilities or mental health conditions without affecting their entitlement to means-tested benefits.

Trusts can facilitate orderly handover of family businesses, protecting continuity and commercial value across generations.

Certain Trust structures can help protect part of your estate from local authority assessment, though this must be approached carefully to avoid deprivation of assets challenges.

There are several types of trust commonly used in estate planning, each suited to different circumstances:

The simplest form, where the beneficiary has an absolute right to both the capital and income. Often used for straightforward gifts to children or grandchildren.

Also known as an interest in possession trust. The beneficiary receives income or use of an asset (such as living in a property) during their lifetime, with the capital passing to others after their death.

The most flexible option. Trustees have discretion over how and when to distribute income and capital among a class of beneficiaries. This allows them to respond to changing circumstances and individual needs.

A trust created within your will that only takes effect after your death. This avoids the need for a separate trust deed during your lifetime.

Each type has different tax implications and suitability depending on your circumstances.

A declaration of trust is a specific type of legal document used to record how property is owned when two or more people have unequal financial interests. This is particularly common where one person has contributed more to a property deposit or mortgage, or where parents have helped a child buy their first home.

Without a declaration of trust, assumptions can lead to costly disputes later, especially if a relationship breaks down or if one co-owner dies. Having this documentation in place helps to clarify contributions and entitlements from the outset, offering protection and transparency for all parties involved.

In recent years, some individuals have been encouraged to gift their property into a trust as a way of avoiding care home fees or inheritance tax. While this strategy might sound appealing, it can be highly risky and, in many cases, ineffective.

If not done correctly, such transfers may be challenged by local authorities under deprivation of assets rules. They could also create unexpected tax liabilities or even result in the loss of legal control over your home.

At Franklins, we strongly recommend seeking advice before making any decisions about gifting assets. A full understanding of the legal and financial consequences is essential before proceeding.

Appointing trustees is one of the most important decisions when setting up a trust. Trustees have wide-ranging legal responsibilities, including:

When choosing trustees, consider people who:

Many families appoint a combination of trusted family members and professional trustees (such as solicitors) to balance personal knowledge with professional expertise and continuity.

Since the introduction of the Trust Registration Service (TRS), many Trusts, including some that were previously exempt, are now required to be registered with HMRC. This includes certain bare trusts and co-ownership arrangements that many people do not realise qualify.

Failure to register a Trust can result in penalties and complications, especially when administering an estate or selling a property. Our team provides clear guidance on whether your Trust needs to be registered, and we can manage the registration process for you.

The TRS is part of HMRC’s efforts to improve transparency and prevent money laundering. Even if you created a Trust years ago, you may now have registration obligations.

Creating a trust is not a one-off event. Trusts require ongoing administration, which can include:

Professional trustees typically handle these responsibilities as part of their service. For family trustees, understanding these obligations before agreeing to act is essential.

Trusts have complex tax implications that vary depending on the type of trust and when it was created. Key tax issues include:

Assets placed in most trusts during your lifetime are treated as chargeable lifetime transfers and may trigger an immediate tax charge if they exceed the nil-rate band (currently £325,000). If you survive seven years after creating the trust, the assets generally fall outside your estate for inheritance tax purposes.

Income generated within a trust is typically taxed at higher rates than income received by individuals. The specific rates depend on the trust type.

Trusts have their own capital gains tax allowance, currently half the personal allowance available to individuals.

Professional advice is essential to understand how these taxes apply to your specific situation and to structure trusts in the most tax-efficient manner.

Trusts can be a valuable part of your estate plan, but they must be approached with care. With the right advice, they offer flexibility, protection and a way to meet your family’s needs long into the future. Without proper legal input, however, they can be misunderstood, misapplied and potentially challenged.

At Franklins, we work closely with individuals, families and business owners to create bespoke trust and estate planning solutions that align with your goals. Whether you need to create a trust, register an existing one or understand your options, we are here to help you plan with clarity and confidence. 

To discuss trust planning or any aspect of your estate, contact us to arrange a consultation with our private client team.

Despite its importance, writing a Will is something many people put off. It is not always easy to think about the future in this way, but making a Will is one of the most responsible steps you can take to protect your loved ones and ensure your wishes are respected.

At Franklins Solicitors, we understand the impact a well-drafted Will can have, and more importantly, the problems that can arise when one is not in place.

When someone dies without a valid Will, their estate is distributed under the rules of intestacy. These rules are rigid, impersonal and often do not reflect modern family arrangements. For example, unmarried partners and stepchildren have no automatic right to inherit under intestacy, regardless of the nature or length of the relationship.

This can lead to distress, disputes and delays for those left behind, particularly if there are family members who believed they would inherit, or if there are disagreements over funeral wishes and financial arrangements.

In England and Wales, if you die without a Will and your estate is worth more than £322,000, your spouse or civil partner will inherit the first £322,000, plus half of the remaining estate. The other half is divided between your children. If your estate is worth less than £322,000, your spouse inherits everything and your children receive nothing.

Unmarried partners receive nothing under intestacy, regardless of how long the relationship lasted. This means your partner could face significant financial hardship or even lose the family home.

Without a Will:

A Will allows you to decide exactly who benefits from your estate and what they receive. You can leave specific items to particular people, make cash gifts, or divide your estate in percentages.

If you are not married or in a civil partnership, your partner has no automatic right to inherit anything from your estate, even if you have been together for decades or have children together. Only a Will can protect them.

If you have children under 18, a Will lets you choose who will look after them if both parents die. Without a Will, the court will decide, and this may not be the person you would have chosen.

Proper planning through your Will can help reduce the amount of Inheritance Tax your estate pays. This might include making use of tax reliefs, setting up trusts, or leaving gifts to charity.

You can use your Will to ensure your partner or children can continue living in the family home. This might involve leaving them the property outright, giving them a life interest, or setting up a trust.

If you have a child or relative with a disability or who cannot manage money, you can set up a trust in your Will to provide for them without affecting their entitlement to means-tested benefits.

A Will allows you to leave gifts to charities or causes that matter to you. Gifts to charity can also reduce the Inheritance Tax payable on your estate.

Executors are responsible for administering your estate, paying debts and distributing assets. Your Will allows you to choose people you trust to carry out these important duties.

A clear, professionally drafted Will reduces the risk of arguments between family members. It sets out your wishes in legally binding terms, leaving little room for misunderstanding or challenge.

While not legally binding, your Will is an appropriate place to record preferences about your funeral arrangements, whether you wish to be buried or cremated, and any specific requests.

You should review your Will every three to five years, or whenever your circumstances change significantly. Key life events that should prompt a review include:

Making a Will involves several important steps:

Calculate your total assets, including property, savings, investments, pensions and personal possessions. Deduct any debts such as mortgages, loans and credit cards to understand your net estate.

Consider who you want to inherit and what you want them to receive. Think about contingency plans if a beneficiary dies before you.

Select trustworthy people who are capable of handling the responsibilities. Many people choose two Executors to share the workload. You can appoint professional Executors such as solicitors for complex estates.

Think about whether your estate will be liable for Inheritance Tax and whether there are steps you can take to reduce this through your Will.

Have your Will professionally drafted to ensure it is legally valid and clearly expresses your wishes. Errors in wording or structure can invalidate a Will or create ambiguity.

In England and Wales, your Will must be signed by you in the presence of two independent witnesses, who must also sign in your presence. Witnesses cannot be beneficiaries or married to beneficiaries.

Keep your Will in a secure location and ensure your Executors know where to find it. Many people store Wills with their solicitor or with the Probate Service for safekeeping.

In an age of online templates and DIY Will kits, it is tempting to take a shortcut. But a poorly drafted Will can cause more harm than good. Errors in wording, execution or even witnessing can render it invalid or open the door to costly and emotionally charged disputes.

Common problems with DIY Wills include:

Our experienced Wills and Probate team can help you avoid these risks. We ensure your Will is legally sound, clearly expressed and tailored to your personal circumstances, including any tax planning considerations, business succession issues or vulnerable beneficiaries.

The cost of making a Will varies depending on the complexity of your estate and your personal circumstances. For a straightforward Will, you might expect to pay between £150 and £300 per person. More complex Wills involving trusts, business assets or tax planning may cost £500 or more.

While this might seem expensive compared to a DIY Will kit, the cost of getting it wrong can be far greater. An invalid or poorly drafted Will can result in expensive legal disputes, unintended tax liabilities or your estate being distributed in ways you never intended.

Making a Will is one of the simplest and most important things you can do to protect your family’s future. At Franklins, we make the process straightforward, respectful and secure.

Whether you are making a Will for the first time or updating an existing one, we provide clear, practical advice every step of the way.

To arrange a consultation with our private client team at our Northampton or Milton Keynes office, contact us today.

Facing legal proceedings involving children can be a daunting and emotionally challenging experience. If you find yourself served with a C100 application under the Children Act 1989, it is crucial that you quickly try to get to grips with your rights and responsibilities.

This article provides you with an understanding of what you should do if you are served with a C100 application and an insight into your next steps.

The C100 application is a court form used in family law cases within England and Wales, specifically under the Children Act 1989. This application initiates proceedings related to children, such as issues associated with living arrangements, spending time arrangements and parental responsibility.

If you are served with a C100 application, it means that someone, often the other parent, is seeking a court order in relation to your child or children.

On receiving a C100 application, it is natural to feel overwhelmed and anxious. It is essential, however, to stay calm and avoid making hasty decisions.

You need to respond, not react, and preferably through a solicitor. Seeking independent legal advice should be your first step.

Consult an experienced family law solicitor who can guide you through the legal process, explain the legal position for both you and your child or children, and help you understand the implications of the application.

Carefully read the C100 application and try to understand the nature of the orders the court is being asked to make. This document will outline the specific issues the applicant, probably the other parent, is bringing before the court.

Take your time to absorb the information and take notes on anything you find confusing or concerning so that you are clear what you need advice on.

The court will set a specific deadline for you to respond to the C100 application. Failing to respond within the stipulated timeframe might prejudice your position.

Work closely with your solicitor to craft a well-considered response that addresses each point raised in the application and indeed puts any others you feel should also be before the court.

It will be crucial for you to attend all scheduled hearings. Failing to do so could negatively impact the court’s perception of your commitment to the process and indeed your child or children.

Follow your solicitor’s advice on presenting your case effectively, providing input promptly and completely when asked.

The court is likely to issue orders setting out various deadlines during the proceedings. You and your solicitor, if applicable, should be aiming to comply with those to avoid legal complications or harming your position.

Your solicitor should provide you with specific advice on your legal position, and the prospect of your position rather than that of the other parent being accepted by the court.

You are well advised though to remember that these proceedings are to focus on the child or children and what is in their best interests, rather than what works best for you or the other parent.

Your family will be under the spotlight and that can be uncomfortable but the court will genuinely be trying to understand your family dynamic and circumstances and what living and spending time arrangements will work best.

Not many relish the prospect of contacting a solicitor, and here at Franklins we are realistic about that. We try to make the process of instructing us as simple as possible.

We offer an initial fixed-fee appointment, during which we try to give you an understanding of your legal position and what the future might hold.

If you have received a C100 application and need advice on child arrangements, contact our Family Law Support Team on 01908 660966 or email familysupportteam@franklins-sols.co.uk.

No one wishes to be feuding at Christmas time. To help support separated parents during this festive period, we have put together a few top tips for ensuring that Christmas contact is arranged without problems and disputes.

One of the biggest problems we see as family solicitors in the weeks before Christmas is parents attempting to arrange Christmas contact way into December.

It is understandable that both parents will want to spend time with their child or children at Christmas time. This is why it is imperative that proposals are made far enough in advance to allow an open dialogue and negotiations in the child’s best interests.

If verbal communication between the parents is not an option, they should consider other methods of communication such as text message or email proposals.

In the event that the parents are unable to agree directly, this also means there is enough time to make a referral to mediation or consult a solicitor to aid in this process.

It is whatever works best for the child. Here are some practical solutions that work for many families:

Some parents split Christmas day in half. Parent one wakes up with the child on Christmas morning. Then at a mutually agreed time, the child is collected by parent two to spend the remainder of the day with them.

Some parents may alternate Christmas day on a yearly basis. The child will spend Christmas Eve and Christmas Day in year one with parent one. The following year, the child will spend Christmas Eve and Christmas Day with parent two.

Usually, the parent who the children don’t spend Christmas day with spends Boxing Day or New Year with them instead. This allows the child to enjoy a ‘second Christmas day’ with that parent. The routine can be alternated each year.

It is important to keep logistics in mind. Most parents wish to see their child on Christmas day. However, if the parents live some distance away from each other, is it really fair to expect the child to spend most of the special day travelling in the car?

Many separated parents agree that they should spend Christmas day together. The idea is to allow the children to open their presents and enjoy Christmas lunch with both parents.

Whilst this can work well in some families, where parents are amicable and there are no third parties such as new partners to consider, in many cases this simply doesn’t work.

Firstly, there is the possibility of the child witnessing animosity between their parents. This should not happen any day of the year, let alone Christmas.

Secondly, seeing the parents working together and remaining amicable during Christmas day may confuse the child. It may provide them with false hope that mummy and daddy are going to reconcile. They may find this difficult to deal with when, come Boxing Day, mummy and daddy are back in their separate houses with their separate lives.

In addition to contact arrangements, it may be prudent to have an open dialogue about gift purchases for your child.

It is important that neither parent adopts a competition mentality around special occasions. Although your child will no doubt appreciate the latest Disney princess or games console, he or she would benefit far more by seeing that his or her parents can get along amicably and facilitate good quality contact through this special time.

Arrangements must be made to ensure they have an enjoyable Christmas period and spend good quality time with both parents.

There is no better time than Christmas to put your differences aside and work together for your children. After all, it is the season of good will.

If you need support arranging Christmas contact or have concerns about child arrangements, our experienced family law solicitors can help.

Contact our Family Law Support Team on 01908 660966 or email familysupportteam@franklins-sols.co.uk.

When setting up or growing a company with more than one shareholder, it’s easy to get caught up in day-to-day operations and push the legal paperwork to the back burner. But failing to have a proper shareholder agreement in place can be one of the most expensive mistakes a business makes – especially when things don’t go to plan.

This article explains what a shareholder agreement is, why it matters, the key clauses it should contain, and how share transfers work in practice.

A shareholder agreement is a private, legally binding contract between a company’s shareholders. It sets out:

Unlike the company’s articles of association, a shareholder agreement is not publicly filed and can be customised to reflect the specific intentions of the shareholders. It provides clarity, certainty and a shared understanding of rights and responsibilities – especially during periods of conflict, growth or change.

Without a clear legal framework, disagreements can quickly lead to deadlock or litigation. A shareholder agreement helps prevent disputes by setting out the rules in advance.

Disputes often arise when there is a lack of formal structure or clear rules. Typical flashpoints include:

Without a written agreement, resolving these issues can lead to deadlock, costly litigation, or even the failure of the business.

Every business is different, but most shareholder agreements follow a similar structure. A typical shareholders agreement format includes:

This structure provides a clear, consistent framework for shareholders and reduces ambiguity.

A robust agreement should be tailored to the business, but commonly includes:

Rules around selling or transferring shares, including pre-emption rights, drag-along and tag-along provisions.

A list of reserved matters that require unanimous or majority consent — protecting shareholders from unilateral decisions.

How profits will be distributed or reinvested.

What happens on retirement, death, or when a shareholder wants to sell.

Clear processes for resolving disagreements, such as mediation, arbitration or buy-out mechanisms.

Provisions preventing shareholders from competing with the business after they leave.

Setting these rules in advance helps avoid confusion, tension, and costly disputes later.

Transferring shares is not always as simple as selling or gifting them. Depending on your company’s articles and shareholder agreement, transfers may require:

Having a defined process protects minority shareholders, prevents unsuitable buyers from entering the business, and ensures legal compliance.

A shareholder agreement is not a “set and forget” document. As the business grows, brings in investment or changes direction, the agreement should be reviewed and updated to reflect new realities.

Thinking about drafting or updating a shareholder agreement? Don’t wait until a disagreement arises. Our Corporate Services team can help you put robust protections in place now — saving time, money, and relationships later.

If you’re considering selling your business, our expert Corporate Services team can guide you through each stage of the process with clarity and confidence.

Visit our Business Services or Business Contracts pages, or contact us to discuss your plans.