Archives May 2025

When purchasing a property in the UK, it’s important to consider whether it is leasehold or freehold. This distinction significantly impacts your rights, responsibilities, and long-term costs as a property owner.

In this blog, we break down the key differences between leasehold and freehold ownership, explore the pros and cons of each, and discuss how these ownership types can affect different property situations and purchasing decisions.

What is Freehold?

A freehold property means that you own the building and the land it stands on outright, indefinitely. As the freeholder, you are responsible for the maintenance of both the property and the land, with no obligations to a landlord or third party. Most houses in the UK are freehold, making it the preferred type of ownership for many buyers.

Advantages of Freehold Ownership:

• Full ownership: You have complete control over the property and land with no time restrictions
• No ground rent or service charges: Unlike leasehold properties, freehold homes do not require additional payments to a landlord or management company.
• Easier to see: Freehold properties often hold their value better and are generally more attractive to buyers.
• More freedom: You can renovate and extend the property (subject to planning permissions) without needing consent from a landlord.

Disadvantages of Freehold Ownership:

• Responsibility for maintenance: All repairs and maintenance costs fall on the homeowner.
• Higher upfront cost: Freehold properties tend to be more expensive than leasehold due to the full ownership benefits.

What is Leasehold?

Leasehold means that you own the property for a set period, but not the land it sits on. Instead, a freeholder (also known as the landlord) retains ownership of the land. Leaseholders typically own flats rather than houses, and they must comply with the terms of their lease agreement.

Advantages of Leasehold Ownership:

• Lower initial cost: Leasehold properties tend to be cheaper than freehold homes.
• Shared maintenance: Maintenance and repair responsibilities for communal areas are typically managed by the freeholder or a management company.
• Some legal protections: Leaseholders have rights under the Leasehold Reform Act to challenge unfair charges and extend their leases.

Disadvantages of Leasehold Ownership:

• Limited ownership period: The property reverts to the freeholder once the lease expires unless extended.
• Ground rent and service charges: Leaseholders must pay fees to the freeholder, which can increase over time.
• Lease extensions can be costly: Extending a lease can be expensive, particularly if it falls below 80 years.
• Restrictions on alterations: Leaseholders may need the freeholder’s permission to make significant changes to their property.

Key Considerations When Buying a Leasehold Property

• Lease length: Properties with leases under 80 years can be more difficult to sell and mortgage.
• Service charges and ground rent: Always review the lease agreement carefully to understand your financial obligations.
• Leasehold reform: The UK government has proposed changes to leasehold laws, including banning ground rent for new leases and making lease extensions easier. It is essential to stay informed about potential reforms that could impact leasehold properties.

Converting Leasehold to Freehold

In some cases, leaseholders may be able to purchase the freehold through a process called enfranchisement. This is particularly relevant for leasehold house owners and flat owners who qualify under the Leasehold Reform Act. At Thomas & Thomas Solicitors, we can guide you through the process of purchasing your freehold, helping you gain full ownership and more control over your property.

Flying Freeholds

A flying freehold is a freehold property built over land which does not form part of the property, such as where a freehold property overhangs another, or projects out from underneath another. This could include:

• Rooms built across pathways
• Basement vaults
• Archways through rear courtyards

New Properties

Houses are usually sold freehold, but some new houses have been sold as leasehold. This is especially true if the property is part of a large development where the developer doesn’t own the freehold of the land; meaning they are essentially selling you the right to live on the land for a set period of time, rather than full ownership of the property itself. This often applies to properties that are part of discounted schemes like shared ownership, rent to buy and discounted housing.

Understanding the differences between leasehold and freehold properties is essential for making an informed decision when buying a home. While freehold offers full ownership and freedom, leasehold properties can come with additional costs and restrictions. Whether you are purchasing a new property, extending a lease, or considering buying your freehold, seeking expert legal advice is always recommended.

At Thomas & Thomas Solicitors, our experienced property law team is here to help you navigate the complexities of leasehold and freehold ownership. Get in touch today for tailored legal support and ensure your property investment is secure for the future.

By Beverly Cooke, Residential Conveyancer

What are the intestacy rules in the UK?

Set out in the Inheritance and Trustees’ Power Act (2014) in England and Wales, the rules detail strict instructions on who can inherit, depending on your circumstances.

• If the deceased was married or in a civil partnership and had no children, the entire estate goes to their spouse or civil partner, provided the estate is worth £322,000 or less. If the estate exceeds this amount and the deceased has children, the spouse or civil partner inherits the first £322,000 plus half of the remaining estate. The other half is divided equally among the siblings.
• If there is no spouse or civil partner, the estate is divided equally among the deceased’s children. If a child has already passed away, their share goes to their children – the grandchildren.

In England and Wales, the following people inherit, in priority order:

• Spouse and civil partners
• Children
• Parents
• Full-blood siblings
• Half-blood siblings
• Grandparents
• Aunts/uncles
• Half-blood aunts/uncles

If there are no living relatives, the entire estate passes to the Crown. It’s important to note that intestacy law does not cover stepchildren, unmarried partners, friends, and charities, meaning that many of those who are close to you may be left with nothing after your passing.

Rejecting your inheritance

In some cases, you may choose to reject the money or property you are set to inherit. This is known as ‘disclaiming’ an inheritance which then passes to the next person entitled under the intestacy rules. It is important to highlight that if you disclaim the inheritance this must apply to the whole asset. It is not possible to receive part of the asset and decline another part.

How to find out if someone has left a valid UK will

Ideally, anyone who creates a will should inform their named executors and ensure they know where it is stored such as in a solicitor’s office or a bank.

However, if you are unsure on whether a will was left, you can search for a record online through the Probate Service for a small fee.

If you cannot locate the will but believe one exists, you can report it as lost when submitting your probate application.

The importance of writing a will

When someone dies, it can be an extremely difficult time for those close to the person.  Having a will can help avoid undue stress and worry, leaving friends and family to focus on grieving with peace of mind, knowing there is a plan in place for handling the estate.

A will ensures that your assets are distributed according to your wishes, providing financial support for loved ones and reducing the risk of disputes that could cause strain or damage family relationships.

How to reduce disputes or complications in the absence of a will?

If a relative dies without a will, you can apply to the court for a ‘grant of letters of administration’ to manage their estate. This application must be made within two years of their death; otherwise, the law will begin to distribute the estate automatically based on intestacy rules.

A minimum of two administrators is required, with a maximum of four. Having multiple administrators can help reduce conflicts by ensuring the interests of different family members are represented, particularly in complex estates. However, third-party advice from a solicitor is also recommended. They can act as an unbiased party and consultant for any legal queries the administrators and their loved ones may have.

If you need help and support on matters concerning wills and probate, our team of specialists at Thomas and Thomas Solicitors provide a comprehensive range of Will services. For further support and advice, contact us here.  

By India Ford, Trainee Solicitor within the Wills and Probate Department

Introduction

I’m going to say it from the off: Don’t get hung up on the names of these statements. If you’ve used Google to get to this page because you’re representing yourself and you need to write a statement and don’t know where to start it’s important to realise there’s no set way of writing them.

You’re probably not much impressed with these words.

You’re here because you need help. Not useless info that doesn’t answer your question. But. This post does answer your question so read on.

It’s all about nuance. It’s all about understanding what a statement has been written for, rather than it’s actual name. The law

The nuances between a position statement, a witness statement, and an updating statement is crucial when navigating the UK family court system. I’ll be blunt – the law doesn’t prescribe exact formats or contents for these documents. In the (almost) 2 decades I’ve worked in family law across England and Wales I’ve seen a huge number of statements from solicitors and litigants. The truth is – they all have their own `house’ styles. The layout can vary a little, as can the wording and other features.

The important bit is what the statements are there for. What are the writers of them hoping to achieve with them?

Let’s go into details, starting with the first of the statements I mention at the head of this post – position statements.

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Position statement

A position statement is your chance to outline your perspective and objectives for a specific court hearing.

Think of it as your “elevator pitch” to the court. It’s concise, clear, and tells the court what they need to know without overwhelming them with unnecessary detail. These statements are typically used in review or directions hearings to address particular issues or updates in the case.

They can be used in a variety of applications. This includes Child Arrangment or Specific Issue Order applications.

Purpose of a position statement

The primary purpose of a position statement is to provide the court with an overview of your case or your position on the issues being considered. This could include:

• Summarising the key issues of the case.
• Highlighting any concerns you want the court to address.
• Stating what you want the court to decide (e.g., a specific order or resolution).

By preparing a position statement, you ensure the court understands your stance before the hearing even begins, which can be especially helpful if time during the hearing is limited.

Key features

• Brevity: Aim for no more than two pages. Judges often have limited time to review documents, so a concise statement ensures your key points are considered.
• Structure: Organize your statement into clear sections:
  • Background: Provide a brief history relevant to the current hearing. It’s a brief background.
  • Concerns: Highlight specific issues that need addressing.
  • Order Sought: Clearly state the outcome you desire from the court. Make sure they’re reasonable and the court has the power to order them
• Plain English: Avoid legal jargon. The goal is clarity, not complexity. Refer to individuals by their roles (e.g., “Mother,” “Father”) or first names to maintain focus.

Best practices for position statements

1. Stay Relevant: Only include information pertinent to the upcoming hearing. Avoid recounting the entire history of the case unless it directly impacts the current issues. If something isn’t relevant to the Welfare Checklist, don’t include it!
2. State fact: Don’t say anything you’re not sure about.
3. Number the paragraphs: This makes your statement that much clearer.
4. Be Persuasive: Use factual language to support your position. Avoid emotional appeals or accusatory language.
5. Proofread: Spelling mistakes and bad grammar probably make much difference so don’t worry about that. But make sure what you’re saying is clear and as unambiguous as possible.
6. Provide Copies: Submit your position statement to the court and ensure all parties receive a copy before the hearing. Bring multiple printed copies to court as a backup. If you’re going to be before a judge, he/she will need a copy, as will the other party (it’s important to ensure they have one) and you’ll need at least one for yourself. If you’re seeing magistrates, take 3 copies for each of them.
7. Case details: The case number, the court, the names of the parties, and the name and date of birth of the children should be at the top of the first page.

A good position will ensure the court knows everything you need to know before you open your mouth (or if you don’t get enough time to explain things to your satisfaction). It’s especially useful if you’re a litigant in person: You can use it to enable you to be clear about the situation before you get into the court room and also as a script when you’re there.

Unless you’ve specifically been ordered to do so, don’t provide your statement to anyone until you get into court. Find an usher – they’ll be the harassed-looking staff members wearing black robes – and ask them to give a copy to the court before you go in. Most of the time they’ll happily do so. Sometimes they’ll tell you to give it to the reception desk or else take it in with you.

Almost all courts are more than happy to accept well-written and concise to statements: If you’re helping the court, it’s usually welcomed. Don’t pay too much heed if your ex partner’s solicitor tells you or the court that your statement should be ignored because `it hasn’t been ordered’. They may be right…but there is nothing in law that says you can’t submit a statement so don’t worry about that. On rare occasions, the legal advisor may refuse the statement in court too on these grounds too – but it’s rare.

Don’t be disheartened if this happens.

I’ve mentioned the advantages of having a statement even if you are the only one who sees it – and when you consider the fact that your statement will almost be accepted, it’s certainly worth doing.

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Witness statement

A witness statement serves as the testimony of an individual involved in the case. It provides a factual account of events or observations and is used as evidence in court. Unlike a position statement, which outlines your stance, a witness statement focuses on facts and personal experiences.

What Is a witness statement?

Witness statements are formal documents that detail what the witness has personally seen, heard, or experienced. They’re crucial in presenting evidence to the court and can significantly influence the outcome of a case.

Key features

1. Statement of Truth: Every witness statement must begin with a declaration such as:“I, [Name], of [Address], make this statement believing the contents to be true and knowing that it will be placed before the Court as evidence. I say as follows:”This declaration underscores the seriousness of the statement and reminds the witness of their obligation to be truthful.
2. Factual Content: Witness statements should focus on facts, not opinions. Include details about what the witness personally experienced, avoiding hearsay or speculation.
3. Signature and Date: The statement must be signed and dated by the witness, affirming their belief in its truthfulness.
4. Evidence can be attached: Don’t put too much in. If you genuinely have a lot the court needs to see, a bundle may be a better option (which strictly speaking is the procedurally correct way of doing things under Practice Direction 27A but often pointless at the early stages in a case).
5. Add case law: Don’t get hung up on this. Case law can help. But nowhere near as much as being seen to be whiter-than-white, child-focused and providing solutions instead of problems.

Drafting a strong witness statement

• Be Detailed: Include specific dates, times, and locations where relevant. Precision lends credibility.
• Use Plain Language: Avoid legalese and focus on clarity.
• Stay Objective: Stick to the facts without embellishment or bias.

Considerations for witness statements

If someone else has written a witness statement – which needs to follow the same guidelines I mention above, they need to be prepared to attend court and face cross-examination based on their statement. A statement provided without it’s author being available to answer questions in court can carry less weight than one where they are.

A badly-written statement or one whose contents is dubious can make your position more difficult too – so be careful!

Therefore, it’s essential to ensure the statement is accurate, truthful, and relevant to the case. Witnesses who provide misleading or false information risk undermining their credibility and harming the case.

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Updating statements

Updating statements are used to inform the court of developments or changes since the last hearing or submission of statements. This type of statement is particularly valuable in ongoing cases where new information could influence the court’s decisions.

These statements aren’t that common. Courts can order them. If you’re writing a position statement (with or without the court ordering it) they’re pretty much the same. But there are some differences…

When to use updating statements

Updating statements are appropriate when:

• Significant events have occurred since the previous hearing.
• New evidence or information has come to light.
• Circumstances have changed, such as a change in living arrangements or a new professional report.

Key features

• Recency: Focus on developments that have occurred since the last statement or hearing.
• Relevance: Only include updates that directly pertain to the issues before the court.
• Clarity: Present the information in a straightforward and organized manner.

Best Practices

• Avoid Repetition: Don’t restate information already provided unless necessary for context.
• Be Concise: Stick to the key updates without overloading the statement with unnecessary detail.
• Provide Evidence: Attach supporting documents where appropriate, ensuring they’re labeled and referenced clearly.

Updating statements `fill in the gaps’ between hearings. When they’re ordered it’s often because the court anticipates things to have happened since the last hearing – if nothing has happened there’d be no point in writing one.

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Commonalities across all statements

While each type of statement serves a unique purpose, there are some key similarities:

1. No Prescribed Format: The law doesn’t dictate how these statements should look or what they should include. However, following conventions can make them more effective.
2. Respectful Tone: Maintain professionalism and objectivity. Avoid emotional language, personal attacks, or inflammatory statements.
3. Clarity and Brevity: Judges appreciate documents that are easy to read and straight to the point.
4. Accuracy: Ensure all information is truthful and verifiable.

Like I mention above…don’t get hung up on the name of these statements. I’ve heard some strange names for statements over the years and what they do is far more important that what the court is calling them!

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How to attach evidence

When attaching evidence to a witness statement, it’s crucial to reference it clearly within the text. For example, you might write:

“See attached document marked Exhibit A.”

Ensure all evidence is labeled consistently and presented in an organised manner. Remember, any evidence attached to a witness statement must be accompanied by a Statement of Truth. Without one the worst case scenario is the court rejecting it and/or the other party making a lot of noise about how it can’t be trusted because it’s missing one. It’s nit-picking to do this. But if you can avoid this situation, you absolutely should.

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Tips for crafting effective statements

1. Plan Ahead: Start drafting your statements well before the hearing to allow time for revisions.
2. Seek Feedback: Have someone review your statements to ensure they’re clear and persuasive.
3. Use Templates: While there’s no prescribed format, using a template can help ensure you include all necessary elements.
4. Focus on the Audience: Remember, the judge is your primary audience. Tailor your statements to their needs and priorities.
5. Stay Calm and Objective: It’s easy to let emotions influence your writing, but staying composed will make your statements more effective.
6. Don’t add implicit info: You need need to say you’re acting in the best interests of your child, explicitly state how something relates to the Welfare Checklist, etc. Doing so just takes up valuable real estate on your statement that the court already knows.

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Conclusion

I’ll say it again: Don’t get hung on up on the name of the statement when you’re writing witness, position and updating statements.

The important bits are:

• Details of the case so the court knows who and what matter it is dealing with.
• What the background of the case are, what the problems are and what you want doing about it.
• A statement of truth if you’re submissing evidence (not usually needed in position or updating statements unless you want to evidence).

You don’t want to be arguing over your statement either. A bad statement can do more harm than good – such as when the judge takes issue with it’s contents or you’re being cross-examined by a hostile barrister in an attempt to discredit you. So only put things in that are a) true b) the other party can’t use to attempt to discredit your case.

A good statement is worth it’s weight in gold: A bad one…you’re better off without one.

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Going through the family court is hard.

It can be an intimidating, confusing and emotive environment – especially when you’re representing yourself. Our recommendation is that it is never a good idea to go to court entirely alone.

This is where a McKenzie Friend comes into play. For many people, they can be a game changer for a whole host of reasons. And it’s not just cost – they’re way more than `cut price’ solicitor-substitutes although they usually charge far less).

Having the right person by your side can make a huge difference in your case (though nothing is guaranteed when it comes to law!). Don’t assume that anyone – McKenzie Friend or solicitor is going to fix everything. It could be you don’t want the hefty price tag of legal representation. There are solicitors that charge less than others and a McKenzie Friend will often charge you less still.

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What is a McKenzie Friend?

A McKenzie Friend is an individual who supports someone representing themselves in court (a litigant in person). The name comes from a case in the 1970s =  McKenzie v McKenzie. In this case it was established litigants were allowed to have someone by their side to provide guidance and support during legal proceedings.

It’s important to state a McKenzie Friend doesn’t need to have formal legal qualifications (although many do, such as our team members). They aren’t cut-price solicitors.

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The role of a free (and any other) McKenzie Friend

Afree McKenzie Friend can be a cost-effective way to receive support during your court case. But they’re rare. We’ll go into that later in this post.

Here’s how a McKenzie Friend can assist you:

1. Providing moral support: Court proceedings can be stressful. They can offer a reassuring presence, helping you stay calm and focused.
2. Assisting with case papers: They can help you organise and understand your documents, ensuring you’re well-prepared.
3. Offering quiet advice: They can quietly suggest strategies, point out important aspects, and keep you informed about what’s happening during a hearing.
4. Taking notes: It’s important to keep a record of what happens and what is said during a hearing. It may come in useful later, help you understand aspects of your case and can be invaluable if you have to appeal.

A good McKenzie Friend can absolutely make a huge difference to a case. We frequently get told by clients who have been through the court `I wish I’d found you earlier. We’ve also been told `Why didn’t my solicitor tell me this?’ and `I’ve made more progress in a month with you than I have for the last 3 years’.

That’s not to say every McKenzie Friend is the right person to help you. But there are some amazing ones out there (and of course…there are bad ones too!)

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Limitations of a McKenzie Friend

I’ll be honest with you. While there are several advantages to using a McKenzie Friend there are downsides. It’s important to understand their limitations:

• No Right of Audience: They don’t have automatic rights of audience – they cannot speak on your behalf in court unless granted permission by the judge, which is not guaranteed. If you need someone to speak for you…only a solicitor or barrister can do that.
• Cannot Conduct Litigation: They aren’t allowed to manage your case outside of court, such as signing documents or corresponding with the other party.
• Cannot act as your agent: They can’t represent you. In some rare cases this does happen in my experience, but it’s rare and again…if you need someone to do this for you, you definitely need a solicitor or barrister.

A McKenzie Friend cannot `represent’ you. They assist you.

Next up – the advantages to using one….

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Benefits of using a McKenzie Friend

Choosing a McKenzie Friend has several advantages:

• Cost Savings: Legal fees can be prohibitive – at a recent legal conference, our founder Michaela Wade heard from a speaker that a legal bill of £53,000 for one case wasn’t `disproportionate‘. A McKenzie Friend provides support without adding to your financial burden (and if you have a free one…it’s a lot cheaper too).
• Personalised Assistance: Often, McKenzie Friends are individuals who have personal experience with the legal system and can offer empathetic, tailored support. Some specialise in certain aspects of family law or certain perspectives.
• A fresh approach to resolving issues: The legal profession is, by and large, deeply conservative and resistant to change. The best McKenzie Friend look for solutions and will tell you what actually works as opposed to what `should’ work.
• More responsive: While many McKenzie Friends keep regular hours, they’re often much more swift when it comes to responding to changing situation and messages. You’re far less likely to be told `There’s no one to assist you until next week’, with online booking and file upload systems to make things as easy as possible for you.

We’d say that 80% of people are fully able to represent themselves with the assistance of a McKenzie Friend and not just simple cases or ones where there is agreement between both parties. The best McKenzie Friends assist in complex cases in the High Court – something many solicitors will never do.

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Potential drawbacks

However, there are some considerations to keep in mind:

• Varied Expertise: McKenzie Friends aren’t required to have formal legal training. This means their knowledge and experience can vary significantly. They can range from legally qualified individuals who do everything they’re permitted to do under the rules concerning McKenzie Friends, through to a friend who comes and provides moral support (although you need to understand that strictly speaking anyone with an interest in a case shouldn’t act as a McKenzie Friend).
• Lack of Regulation: McKenzie Friends are unregulated, meaning there’s no official body overseeing their conduct or ensuring a standard level of service.
• Lack of insurance: Solicitors and barristers have a legal requirement to be insured; McKenzie Friends don’t.

It’s important to ensure you know the ups and downs of a McKenzie Friend before you engage one (or decide it isn’t right for you). Because it’s far easier to say `Thanks but no thanks’ rather than deciding whoever is helping you isn’t the right person to be by your side during your case itself.

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Choosing the right McKenzie Friend

When selecting a free McKenzie Friend, consider the following:

• Experience and background: Inquire about their familiarity with cases similar to yours. Personal experience with the legal system can be beneficial.
• Availability: Ensure they can commit the necessary time to assist you, both in preparation and during court proceedings.
• Compatibility: It’s crucial to feel comfortable with your McKenzie Friend, as you’ll be relying on them during a potentially stressful time.

Established McKenzie Friends tick these boxes – it’s their full time job; there are people who do this part time however. Beware of people who are hold to get of, hide behind social media posts or webpages and have an aggressive attitude.

Check Google reviews. Search for names online. Look for social media posts. But be aware that even the best McKenzie Friend is going to have someone who wasn’t impressed – because the court process is hard, it’s an emotive subject and even with the best legal brain by your side there is no guarantee the court will make an order you like.

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Preparing for Court with a McKenzie Friend

To make the most of your McKenzie Friend’s assistance:

• Organise your documents: Have all relevant paperwork ready and in order.
• Discuss your case thoroughly: Ensure your McKenzie Friend understands all aspects of your situation to provide the best possible support.
• Plan your strategy: Work together to outline how you’ll present your case, including any key points you need to address.
• Listen to them: If you continually disagree with the person helping you, you don’t trust them or ignore their advice, asking yourself iif they’re the right person to help you.

A family court case can be hard. Your McKenzie Friend (and you!) should be making it as easy as possible so all your energy is directed towards achieving the right outcome.

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Conclusion

A free McKenzie Friend is hard to come by. It’s hard to find someone who is able to both give your case the attention it deserves while being able to pay their own bills.

Look hard enough and you will undoubtedly find people who will help you with paperwork, forms, documents and explaining things to you for free – but many will be limited when it comes to assisting you in your 3-day court hearing as they have work to go to).

But a good McKenzie Friend who charges?

They can be a valuable ally when navigating the legal system on your own. They offer support, guidance, and a calming presence during what can be a challenging time. However, it’s essential to understand their role’s limitations and choose someone who aligns with your needs and circumstances. By doing so, you can approach your court proceedings with greater confidence and clarity.