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Category: Private client

Godwins announces leadership transition and strategic evolution

1 April 2025

 

We are delighted to announce a significant leadership transition and strategic shift as we continue to deliver tailored legal expertise to business and private clients in Hampshire, Dorset and the Isle of Wight.

After 15 years as a Member and Head of the Residential Property department — and an impressive 44 years in the legal industry — Rupert Morton-Curtis will retire on 31st March 2026. Rupert’s extensive contribution has been instrumental in establishing Godwins as a trusted authority in residential property law and his expertise will be greatly missed by both colleagues, clients and industry professionals.

Next year, Rupert will hand over the reins to Kerry Dovey, who joined Godwins in Autumn 2024 and brings extensive experience in rural and agricultural property. With over 22 years in regional heavy-weight law firms, Kerry will be promoted to Member upon Rupert’s retirement and will lead the Rural and Residential Property Department. Over the next 12 months, Rupert and Kerry will be working together on the transition.

This transition is part of our long-term succession planning — ensuring that the firm continues to deliver high-quality legal services for generations to come. Just as we are carefully managing our own succession, the firm is well-placed to advise business and private clients on all areas of succession planning — from business continuity and estate management to wealth preservation and inheritance structuring.

The changes reflect a broader evolution for Godwins, as we have moved away from litigation and family law in recent years to focus exclusively on our core strengths:

  • Private Client – providing expert advice on wills, probate and tax planning including succession planning for individuals and families.
  • Commercial Property – supporting businesses with property transactions, leasing and development.
  • Rural and Residential Property – advising individuals, estates, and businesses on complex property matters, with a growing focus on rural and agricultural property.

We are also launching a new Agricultural, Farms and Estates Sector group. This specialist group will draw on expertise from all three departments, offering a comprehensive legal service to rural and agricultural clients in Hampshire, Dorset, the Isle of Wight and beyond.

“Rupert’s leadership and expertise have shaped the success of our residential property practice, and we are incredibly grateful for his dedication over the years,” said member, Andrew Neal. “Kerry’s promotion marks an exciting new chapter for Godwins as we build on our strength in rural and residential property and enhance our offering to the agricultural sector. This transition is a key part of our long-term succession strategy, ensuring that Godwins remains a trusted partner for clients for many years to come.”

This business evolution underscores our commitment to providing exceptional legal advice with a personal touch, ensuring the firm remains a trusted partner for generations to come.

Succession planning and talking money with your Children: Key Considerations

21 February 2025

If you’ve watched HBO’s hit series Succession, you’re familiar with the cut throat drama surrounding the Roy family as they grapple with who will inherit the helm of their media empire. While their backstabbing and power plays make for compelling television, the show highlights a very real-world issue: the importance of clear and strategic succession planning.

Whether you’re managing a family business or organising your personal estate Succession planning is a critical process for ensuring that a family’s wealth, business or assets are passed down smoothly and responsibly across generations. While many focus on business continuity and the legal framework of estate planning, an often-overlooked aspect is how to talk about money with your children. The financial decisions that shape the future of your estate and assets can be complex, but an open dialogue can foster understanding and ensure that your legacy is carried on with care and responsibility. In this article, Godwins’ Andrew Neal explores how proper legal frameworks, clear communication, and foresight can ensure a seamless transfer of leadership and assets, avoiding the chaos and uncertainty we see in Succession.

Why Succession planning matters

Succession planning serves as a roadmap for passing on wealth and assets to the next generation. Whether you are transferring a family-owned business, property, investments, or a combination of these, it’s essential to have a plan in place. Proper planning helps reduce the risks of disputes, taxes, and the potential disruption of the family’s wealth.

For many, succession is not just about transferring money; it’s about passing on values, goals, and family traditions. It involves decisions that align not only with legal and financial strategies but also with the family’s vision for the future. That’s where open conversations about money come into play.

The importance of talking about money with your children

When succession planning involves significant financial assets, children may feel entitled, anxious, or even uncertain about their role in managing the wealth. Having frank discussions about money can de-mystify the process and reduce any negative emotions or assumptions. Here are a few key points to keep in mind when broaching the topic:

  1. Start early and foster financial literacy

The earlier you start talking about money with your children, the more prepared they’ll be to manage it when the time comes. Teach them the basics of financial literacy, such as budgeting, saving, investing, and understanding taxes. Having a well-rounded grasp of personal finance will empower them to make informed decisions.

Children who understand the value of money are more likely to respect the family’s wealth and approach it with the responsibility it requires. If a business is involved, offering them a role or involvement, even in a minor way, this can help them develop a connection with the family’s financial legacy.

  1. Discuss values and expectations, not just assets

Money discussions often focus solely on numbers—how much is there, who gets what, and when it will be transferred. However, it’s crucial to also talk about your values and expectations. Discuss why certain assets are being passed on, what you hope your children will do with the wealth, and the impact you want to create. For example, if philanthropy is important to your family, consider incorporating charitable giving into your succession planning.

You should also set clear expectations regarding the management and stewardship of family assets. Will children be expected to manage a family business, maintain investments, or preserve the family home? Setting these expectations early helps children understand their roles and avoid surprises.

  1. Be transparent about your plan

Transparency is key to preventing misunderstandings and resentment down the line. Clearly communicate the details of your succession plan, including the division of assets, any trusts, and how decisions will be made. If there are any contingencies, such as conditions tied to inheritances or the future of a business, explain them clearly.

In addition, be open to feedback and discussions. Your children may have questions, concerns, or ideas about how things should unfold, and addressing them proactively can prevent conflict in the future.

  1. Consider the emotional impact

Money can carry a heavy emotional weight, especially when family dynamics are involved. Sibling rivalry, differing values, or even jealousy can arise. It’s important to acknowledge the potential emotional impact of your decisions and ensure that your children are prepared to manage these feelings.

Encourage family meetings with an estate planner or financial advisor, or consider involving a neutral third party to mediate discussions. This provides an opportunity for everyone to express their thoughts and ensures that the plan remains fair and well-understood by all parties.

  1. Review and update the plan regularly

Family dynamics and financial situations can change, so it’s essential to regularly review and update your succession plan. Life events, such as births, marriages, or the introduction of new family members, may require adjustments to the plan. Periodic discussions help to keep the plan relevant and allow everyone to stay aligned on goals and expectations.

Conclusion

Succession planning is as much about communication as it is about numbers. Talking openly and regularly with your children about money and your intentions for passing on wealth not only prepares them for the responsibility but also fosters a sense of trust and unity. By considering financial literacy, values, expectations, and emotional dynamics, you can create a legacy that benefits future generations while minimising the conflict and confusion as seen in the TV series.

Do get in touch with the Godwins team if you have any questions about Succession planning.

Legal Obligations and Laws Surrounding Trees on Your Land

21 January 2025

 

Trees form one of the most important views across the landscape and combined with their environmental benefits, are to be treasured. With carbon credits being brought to the fore in today’s climate change battle, woodland has become hot property. Even the tree in your back garden could be protected so make sure you understand your obligations.

Owning land with trees brings a host of legal responsibilities. Trees, while an asset to the environment, can become the focus of legal disputes, particularly when it comes to pruning, removal, or management. Below, the Godwin’s team outline the main legal obligations and duties for landowners regarding trees, including specific laws on Tree Preservation Orders (TPOs), conservation areas, ancient woodland, and liability surrounding trees.

What is a tree a preservation order? (TPOs)

Tree Preservation Order (TPO) is a legal mechanism used by local planning authorities (LPAs) in the UK to protect specific trees or groups of trees that provide significant environmental or aesthetic value.

  1. What does a TPO mean for landowners?
    • If a tree on your land is protected by a TPO, you cannot cut it down, prune it, or carry out any other work without prior written consent from the LPA.
    • Unauthorised work on a TPO-protected tree can result in fines of up to £20,000 or, for more serious offenses, unlimited fines in the Crown Court.
  2. How do I check if a tree has a TPO?
    • During the conveyancing process we can check if the trees on the land you are buying are protected by a TPO which are shown as a local land charge on the Local Search.
    • Post purchase we are able to check online to ascertain if specific trees on your land have the protection.
  3. Can you prune a tree with a TPO?
    • Pruning is permissible, but it requires written consent. Applications must include detailed information on the proposed work and justification (e.g., safety concerns or disease). Emergency works, such as those required to remove a dangerous limb, may be carried out without prior consent, but you must notify the LPA afterwards.

 

 

Are there restrictions on trees in conservation areas?

Trees located in conservation areas receive automatic protection, even if they are not subject to a specific TPO.

  1. What are Conservation areas?
    • These are areas designated for their special architectural or historic interest. Trees in these areas contribute to their character and are protected under Section 211 of the Town and Country Planning Act 1990.
  2. Obligations for landowners in Conservation areas
    • You must notify your local council at least six weeks before carrying out work on a tree with a trunk diameter exceeding 75mm (measured at 1.5 meters above ground level). This notice is called a “Section 211 Notice.”
    • The council may respond by issuing a TPO if it deems the tree worthy of long-term protection.
  3. Penalties for unauthorised work
    • As with TPO-protected trees, unauthorised work on a tree in a conservation area can result in significant fines.

Are trees in ancient woodland and veteran trees protected?

  1. What is Ancient Woodland?
    • Ancient woodland refers to areas continuously wooded since at least 1600 in England. These areas are irreplaceable due to their biodiversity and historical significance.
    • Veteran trees, though not necessarily part of ancient woodland, are mature specimens with significant ecological or historical value.
  2. Legal Protections for ancient woodland and veteran trees
    • Ancient woodland is protected under the National Planning Policy Framework (NPPF). Development impacting these trees is only permitted in exceptional circumstances.
    • Local planning policies may also provide additional protections.
  3. Managing trees in ancient woodland
    • Any work must comply with environmental laws, such as the Wildlife and Countryside Act 1981, which protects nesting birds and bats living in trees. You may also need to consult an ecologist.

Are landowners responsible for trees overhanging public highways and footpaths?

  1. Landowner Duties
    • Landowners are legally obligated to ensure that trees on their land do not pose a hazard to public highways, pavements, or rights of way.
    • Overhanging branches must be pruned to maintain clearances:
      • 5.2 meters above roads.
      • 2.5 meters above pavements.
  2. Enforcement by Local Authorities
    • If a tree poses a hazard (e.g., obstructing visibility or causing damage), the local authority can issue a notice requiring remedial action. Failure to comply may result in the council undertaking the work and charging the landowner.
  3. It is very important as a landowner that you  have third party insurance to cover falling trees which could cause an accident

 

Are trees in the garden of a listed building protected?

If your property is a listed building, additional restrictions apply to trees on your land.

  1. Listed building status
    • The setting of a listed building, including its garden, is protected by law. Alterations, including tree removal, must preserve the character and setting of the property.
  2. Can you cut down a tree in a garden of a listed building?
    • You may need both planning permission and listed building consent to remove or prune a tree, particularly if it contributes to the historic or aesthetic value of the property.
    • Trees in conservation areas or with TPOs are subject to additional layers of protection.
  3. Consultation with authorities
    • Always consult your local planning authority and, if applicable, heritage organisations to determine the necessary permissions before undertaking any work.

How Godwins can help

Godwins can help you acquire land which may be dotted with trees, or indeed your very own parcel of woodland. We raise specialist enquiries and searches so that you know whether the trees on your property are protected.

 

Please get in touch with the team if you would like legal advice on trees on your property.

Making a will – guide for an individual

13 October 2022

This briefing note is designed to provide an overview of some of the points you may wish to consider when reviewing your existing Will or putting a new Will in place. The information in this note is brief so please let us know if you would like further information on any of the points raised.

Why should I make a Will?

A valid Will dictates how your estate will pass after you die. If you die without a valid Will, your estate will pass in accordance with a set of statutory provisions, known as the “Intestacy Rules”. The Intestacy Rules are no substitute for a properly drawn-up Will and can often result in unintended consequences. For example, under the rules an unmarried partner has no rights at all.

When should I review my Will?

You should review your Will at regular intervals, to ensure that it is still appropriate to your circumstances and that it is consistent with the latest legislation.

In particular, you should consider reviewing your Will whenever there is a major change to your or any of the beneficiaries’ financial and/or personal circumstances. Please note that if you were to get married, this would have the effect of revoking your Will (unless that Will was specifically made in contemplation of the marriage).

What should I include in my Will?

A Will can deal with a multitude of matters. As a starting point, you may wish to consider the following:

Executors Executors are people you entrust to deal with your estate following your death and to carry out the terms of your Will. The role carries with it great responsibility and it is important you choose people who you trust to deal with things properly. Executors are required to act unanimously, so it is important that the people you choose are capable of working well together. Executors should be at least 18 years of age, of full capacity and, crucially, likely to outlive you!

In some circumstances, it may be possible/appropriate to appoint the Members of Godwins Solicitors LLP as your executors. We are happy to discuss this with you.

Funeral wishes You may like to include your funeral wishes in your Will, although there is no requirement to do so. It is one of the first things we get asked following a death; it is important that your next of kin are aware of your wishes.

You may wish to state whether you would like to be buried or cremated, the location of your final resting place, and/or whether you would like your body to be made available for medical research or organ transplant.

Guardians If you have minor children then you ought to consider who would be best suited to caring for and looking after your children. Please note that a guardianship provision would only be capable of taking effect on the death of the last person with parental responsibility for any child.

Personal possessions and specific bequests

We tend to deal with personal belongings separately from the rest of the estate, as this reduces complications when dealing with the estate administration. We usually provide for a person’s belongings to pass to the executors to distribute at their discretion. If you have particular items that you would like to pass to specific individuals, we can record this in a separate Letter of Wishes, which you can update from time to time without the need to change your Will.

Pecuniary and specific legacies

You may decide to leave cash gifts of fixed amounts or specific assets to one or more individuals or charities.

Residuary estate

You will need to consider who you would like to receive the balance of your estate after payment of all liabilities and administration expenses to include taxes arising as a result of your death as well as any legacies given in the Will (known as the “residue”) and the way in which you would like those people to benefit. If there is more than one beneficiary, you will need to decide on the respective shares that they are to receive.

If you have children, you will want to consider the age at which you would be happy for them to receive funds. The default is age 18, however, many people prefer to defer this until age 21, 25, or even later. You should also consider what you would want to happen if none of your intended beneficiaries were to survive you. In these circumstances, do you have other individuals or charities in mind who you would like to benefit?

Another consideration is whether it would be unwise to make funds available to any of the beneficiaries for any reason (e.g. if there is a risk of divorce or bankruptcy proceedings).

Finally, you should consider if there is anyone who might feel aggrieved by the provisions of your Will and who may seek to challenge it. Whilst it is not possible to remove the risk entirely, there are steps that can be taken to reduce the likelihood of a successful claim being made against your estate.

What about inheritance tax?

In preparing your Will, it is necessary to give some thought to inheritance tax, which is primarily a charge to tax on the value of an individual’s estate at death. On a person’s death, inheritance tax is currently payable at the rate of 40% on the chargeable value of the estate above the “nil rate band”. The nil rate band is currently £325,000 (but may be reduced by the value of certain lifetime transfers/gifts).

There are some steps you can take during your life to reduce the value of your estate for inheritance tax purposes.

In terms of Wills, there are a few points to note: • As of April 2017, an additional allowance known as the “residence nil rate band” may be available where a person leaves a property interest to “direct descendants” (which includes children, grandchildren, and so on, as well as step-children and the spouses/civil partners of those people). The maximum amount of the residence nil rate band is currently £175,000. Care should be taken when drafting a Will to ensure that the residence nil rate band is capable of being claimed. A taper is applied to reduce the available residence nil rate band for estates valued over £2 million. • Gifts to charities are free of inheritance tax. In addition, the overall rate of inheritance tax is reduced from 40% to 36% where a person leaves at least 10% of their net estate to charity. • Properly structured gifts of farmland, business interests, and shares in unquoted trading companies may qualify for generous reliefs from inheritance tax. It is important that you let us know if you hold any assets of this nature.

Can my beneficiaries amend my Will?

It is currently open to the beneficiaries of a Will to vary their entitlements, if so desired. There are no inheritance tax implications, provided this is done within 2 years of death. For example, a beneficiary may have no real need of their inheritance and may prefer to pass it on to their children. Provided this is done correctly, the funds will effectively bypass the original beneficiary’s estate for inheritance tax purposes.

What happens if I lose mental capacity during my lifetime?

Whilst dealing with your Will, you may also wish to consider what would happen if you were to become mentally incapable of dealing with your affairs during your lifetime. We can advise you on putting in place Lasting Powers of Attorney and/or Advance Decisions to deal with the position. Please contact us if you would like further information on this.

The information in this guide is not intended to replace specific advice tailored to your individual circumstances. Information correct as of January 2022

A guide to gifting property

10 November 2020

Property Gifting can be a tax efficient way to pass inheritance down a generation or two, not to mention helping children or
grandchildren on to the housing ladder. For property (be it a house, farm or land), here are some top tips to consider:

Is the property registered? Hampshire was one of the last areas to introduce compulsory first registration of land. Consequently, there are still properties which are not registered at HM Land Registry. As a matter of good legal housekeeping, it is sensible to ensure that property to be gifted is registered so that you and your family can deal with it more easily. This will provide comfort that the legal title is held on a central electronic register, rather than in paper deeds that could be lost or damaged over time.

Whole or part? If you are gifting the whole property, then the process can be straight-forward. However, if you wish to split up a property – perhaps a farm – so that you gift part of it to one child and part to another, then some thought needs to be given to the legal structure of the gift. Of particular importance is what rights and reservations each part of the property may need for independent occupation.

Do you wish to retain control of the gifted property going forward? Property can either be gifted outright to children and/or grandchildren or to a discretionary trust. The advantage of the former approach is simplicity. However, the property gifted is then vulnerable to the recipient’s own misfortunes, whether that be death, divorce or bankruptcy, and is no longer within your control. By contrast, a gift to trust of which you
remain one of at least two trustees, can be controlled, managed and protected by you for the benefit of your intended
recipients.

What are the tax implications? With any gift, it is important to consider the interplay between inheritance tax and capital gains tax on the transfer, as well as any stamp duty land tax (SDLT) and income tax implications. This is a complex area but can be worked through methodically to ensure the best result depending on your and your family’s personal circumstances.

Can you continue to benefit from the assets gifted away? This is a question often asked. In order for the gift to be effective for inheritance tax purposes, it is important that you do not reserve any benefit in the gifted property. This means paying market rent for your use of the property following the date of the gift. The implications vary, depending on how the gift is structured, which, once again, will be discussed with you in detail.