Admin assistant vacancy

We are looking for an admin assistant to join our private client department, based in Whitley Bay, to support the team.

Roles & responsibilities
The successful candidate’s duties will include (but are not limited to):

Working with a team of 6 Fee Earners, to assist with:

  • Opening new files.
  • Closing files.
  • Booking client meetings.
  • Diary management.
  • Scanning documents.
  • Registering wills with National Will register.
  • Inputting data into document management system.
  • Inputting data onto our Will software.
  • Downloading docs from our Will software, printing, binding.
  • Running Anti Money Laundering checks.
  • Ordering s27 notices / asset & liability reports, valuations, insurance via Estate search portal.
  • Requesting Land Registry documents via the portal.
  • Making sure we have documents in advance of meetings with clients.

Candidate requirements & attributes

  • Excellent communication skills at all levels, both verbally and written.
  • Organisational skills, attention to detail, and the ability to handle confidential information.
  • Team player with a positive, enthusiastic, conscientious and pro-active approach.
  • Ability to demonstrate behaviour in keeping with the firm’s core values.

Salary
A competitive salary will be offered plus benefits.

Hours
Monday to Friday 9am until 5pm with 1 hour unpaid lunch.

To apply for this role, please email your CV to jillclattenburg@kiddspoorlaw.co.uk

About Kidd & Spoor
Established in North Shields more than 150 years ago, and at our current address since 1961, we have built a strong reputation in the local area. Our heritage enhances our ability to offer a unique combination of traditional values but with a modern, proactive outlook. Over the years we have worked extremely hard to build our excellent reputation for providing clear, practical legal advice but also, very importantly, we deliver it with great personal service.

Our experienced solicitors and their talented teams offer our clients expert legal advice in the areas of Residential Conveyancing, Family Law, Wills, Probate & Estate Administration, Lasting Powers of Attorney and Trusts.
We specialise in providing legal advice and support to our clients in the North East and UK wide.

Blended families – what to consider when making your will

If you have a blended family, making a will is an important opportunity to put clear and effective arrangements in place for your loved ones. You may wish to balance the needs of your current spouse or partner with the needs of your children from an earlier relationship, while also ensuring that your estate ultimately passes in line with your wishes. Without careful planning, even well-intentioned arrangements can lead to unintended outcomes and, in some cases, costly and distressing disputes.

Inheritance planning for a blended family often involves more detailed thought and planning than people expect,’ says Lucy Brown, head of the private client team. ‘Simple wills that leave everything to a spouse or partner, and then to children, do not always work well for modern family arrangements – particularly where there are children from previous relationships or a long-term partner to provide for.’

Lucy highlights the key issues you should consider when making a will for a blended family.

Providing for your partner and your children

One of the most common challenges is deciding how to provide adequately for your surviving spouse or partner, while also protecting the interests of your children from an earlier relationship.

You may feel that leaving everything outright to your partner is the simplest solution, particularly if you trust them to provide for your children later. While this approach works for some families, it carries significant risks. Once assets pass outright, your partner will have complete control and can spend, gift or redirect those assets as they see fit.

This can be problematic if:

  • your main asset is the family home;
  • your children are still young or financially dependent;
  • relationships between your partner and your children are strained; or
  • your partner remarries or enters a new long-term relationship.

In these situations, your children could be unintentionally disinherited, even if that was never your intention.

Using trusts to strike the right balance

Trusts are often a key feature of wills for blended families, as they allow you to retain greater control over how your estate is used and who ultimately benefits.

A life interest trust (sometimes called an ‘interest in possession’ trust) can allow your surviving spouse or partner to live in the family home or receive income from your estate during their lifetime, while ensuring that the capital ultimately passes to other beneficiaries, usually your children. This structure can provide security and stability for your partner, while reassuring your children that their inheritance has been protected.

In other situations, a discretionary trust may be more appropriate. This gives your trustees flexibility to decide how and when assets are distributed, taking into account changing circumstances such as financial need, health issues, relationship breakdowns or tax considerations.

It is important to take advice when considering trusts, as different types of trust can have very different tax consequences. The inheritance tax, capital gains tax and income tax treatment can vary depending on the trust structure used and on your personal circumstances. Whether you are married or in a civil partnership, as opposed to cohabiting, can also be highly relevant, particularly when considering available tax exemptions and reliefs.

In many cases, a trust is the most practical way to help you balance competing interests, protect vulnerable beneficiaries, and reduce the risk of conflict later.

Protecting your children’s inheritance

If you have children from a previous relationship, you may be particularly concerned about ensuring that they ultimately receive the inheritance you intend for them.

Without appropriate planning, assets can easily pass outside your family line. For example, if your partner inherits assets outright and later remarries, those assets may pass under their own will to a new spouse or stepfamily, rather than to your children.

Trusts, combined with careful drafting, can help ensure that your children inherit at the appropriate time, while still allowing your partner to be supported during their lifetime.

You should also consider assets that may fall outside your will altogether, such as pensions, life insurance policies and jointly owned property. These arrangements should be reviewed alongside your will to ensure they align with your overall estate planning objectives.

Inheritance Act claims and the risk of disputes

Wills involving blended families can be more susceptible to challenge after death.

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals may be able to bring a claim if they believe your will (or the rules of intestacy) does not make reasonable financial provision for them. This may include:

  • your spouse or civil partner;
  • a former spouse who has not remarried;
  • a cohabiting partner;
  • your children (including, in some circumstances, adult children); or
  • anyone who was financially dependent on you.

If expectations are unclear, or if provision appears unequal, disputes can arise and these claims can be expensive, time-consuming and emotionally draining for your family.

Clear drafting, realistic provision and careful consideration of potential claims can significantly reduce the risk of a successful challenge. Supporting documents, such as a letter of wishes, can also play an important role.

Keeping your will under regular review and the role of a letter of wishes

Keeping your will under regular review is particularly important if you have a blended family, as your personal and financial circumstances may change over time.

Marriage automatically revokes an existing will unless it was made in contemplation of that marriage. Divorce does not revoke a will, but it generally treats a former spouse as having died for inheritance purposes, which can lead to unintended consequences if your will is not reviewed. New relationships, stepchildren, changes in wealth, or the purchase or sale of property can all affect whether your will remains appropriate.

Alongside a well-drafted will, a letter of wishes can be an extremely helpful supporting document.

A letter of wishes is not legally binding, but it allows you to explain in your own words why you have made certain decisions in your will. This can be valuable if your estate is not divided equally, or if you have included trusts that give executors or trustees discretion over how assets are applied.

For example, your letter of wishes might explain:

  • why your partner has been given the right to remain in the family home;
  • why your children from an earlier relationship will inherit at a later stage;
  • why different children have received different levels of provision; or
  • how you would like your trustees to balance competing needs if circumstances change.

Letters of wishes can also give practical guidance to executors and trustees, helping them exercise their powers in line with your intentions. Importantly, they can usually be updated more easily than a will, making them a flexible way to reflect changes in your family dynamics or priorities without needing to redraft the will itself.

How we can help

We regularly advise clients on wills and trust structures tailored to a blended family. We can help you think through different scenarios, identify potential risks, and put clear, robust arrangements in place to reflect your wishes.

Our aim is to help you plan with confidence. With the right advice, you can protect your partner, provide fairly for your children, and significantly reduce the risk of disputes in the future.

For advice on making or reviewing a will for a blended family, please contact Lucy Brown, head of the private client team on 0191 297 0011 or by email at whitley.bay@kiddspoorlaw.com.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

Family mediation week 2026

Family Mediation Week takes place from the 26th to 30th January.

The week is an opportunity to raise awareness of family mediation and of the benefits it can bring to separating families. The Family Mediation Council state that their aim is to let more people know about the benefits of family mediation and encourage separating couples to think about family mediation as a way of helping them take control, make decisions together and build a positive future for their family.

Throughout this week, they will be offering a series of free webinars, resources, information, blog posts and issue news stories.

For parents living in the North East who have decided to separate or divorce in 2026 are being urged to find out how to avoid courtroom confrontation to settle money and parenting arrangements.

January usually sees a rise in the number of parents deciding to live apart as the various pressures that go hand-in-hand with the Christmas period act as a final straw for relationships.

Trevor Gay, head of Family Law says “Family Mediation Week is designed to raise awareness of the benefits of family mediation, a process that can help ex-partners agree what works for them, whilst avoiding the court process with all the stress, delay and cost it can bring.”

He says: “Many parents emerge from the festive period feeling defeated by the pressures on relationships and finances that have been highlighted during the holiday period.”

Here in Whitley Bay, we find parents in this position simply don’t know which way to turn. Their life-changing decision to separate brings with it so many tough questions:

  • Who lives where?
  • Where will the children live, and how will we make sure we each spend time with them?
  • How will we sort money?
  • What about debts and pensions?
  • And even the family dog?

Family Mediation Week shines a helpful spotlight on these tricky issues, offering separating parents information about their options as they look to make arrangements for parenting, property and finance.

Family mediation is a process where an independent, professionally trained mediator helps you work these things out, enabling you to avoid courtroom confrontation. Professional mediators help empower you to create long-term solutions for your particular circumstances, rather than leaving it to a court to make decisions for your family.

Anyone wanting to know more about the benefits of family mediation and parenting arrangements can visit www.kiddspoorlaw.co.uk or call 0191 297 0011.

 

Dealing with a death overseas – key legal considerations

Dealing with a death overseas – key legal considerations

Losing a loved one is never easy, but the situation can become even more complex when someone dies abroad. Whether your relative was living, working, or travelling overseas, you may find yourself facing an unfamiliar set of legal and practical steps before their affairs can be brought to a close.

As Lucy Brown, head of the private client team at explains:
When someone dies abroad, the emotional toll is often made worse by the uncertainty of what to do next. Our role is to guide families through each stage of estate administration – from registering the death and arranging repatriation, to dealing with overseas assets and foreign authorities – so that everything is handled properly and with care.’

Every international case is different. Some situations involve a holidaymaker passing away suddenly overseas, whilst others concern someone who had settled abroad or who split their time between two countries. The key to managing matters smoothly lies in understanding which country’s laws apply, what documents are needed, and how best to coordinate the process from the UK.

Immediate practicalities

When a death occurs outside the UK, the first step is to register it in the country where it happened. Local procedures vary widely – in some places, the death must be registered at a town hall or local registry office, while in others it is done through a hospital or police authority. The British Consulate can assist with the local process.

Once the death has been registered abroad, you can apply for a consular death registration through the UK authorities. This involves sending the foreign death certificate and a certified translation to the General Register Office, which can issue a UK record of the death for future use.

You may also need to decide whether to bring your loved one’s body home or arrange for burial or cremation abroad. Repatriation involves complex logistics including obtaining permits for transport, coordinating with both foreign and UK funeral directors, and complying with customs and health requirements. Costs can vary depending on distance and the level of consular assistance available. Some travel insurance policies include repatriation cover.

Even if the burial or cremation takes place abroad, you may still need translated copies of the death certificate, medical reports, and other documents for the estate administration. These translations must be carried out by certified professionals to ensure they are accepted by UK authorities and banks.

Cross border probate issues

After the immediate steps have been taken, you and your solicitor will be able to start dealing with your loved one’s estate. If they owned property, bank accounts, or other assets abroad, this may mean dealing with two or more legal systems.

In many cases, you will need to obtain probate in the UK to deal with assets here and a separate grant of probate (or its equivalent) in the country where the assets are located. Some countries accept a ‘reseal’ of a UK grant of probate, which is a simplified process recognising the UK document. Others require a full local application.

A crucial factor is domicile; the country your loved one regarded as their permanent home. Domicile can affect not only which laws govern the estate but also where inheritance tax is payable. Someone who lived abroad for some years might still be deemed UK domiciled if their long-term ties remained here. Conversely, those who had genuinely severed their UK connections may be treated as domiciled elsewhere, which can significantly change how their estate is administered.

If your loved one left a will, you will need to determine whether it covers their overseas assets or if there is a separate will in the foreign country. It is possible to have more than one valid will (one for the UK and one for another jurisdiction) but problems can arise if the documents are inconsistent and one revokes the other.

Conflict of laws

Every country has its own inheritance and succession rules. In England and Wales, people generally have freedom to decide how their estate is distributed. However, many countries operate under forced heirship systems, where certain relatives such as a spouse or children must receive fixed shares of the estate by law.

If your loved one was domiciled abroad, or owned property in a forced heirship jurisdiction, local law may override the terms of a UK will.  For example, in France, Spain, and Italy, a portion of the estate must pass to the deceased’s children, regardless of any contrary wishes expressed in their will.

The situation can be further complicated if the deceased had dual nationality or held property jointly with a foreign partner or relative. In such cases, careful analysis of the relevant laws is needed to establish which country’s law takes precedence.

Under the EU Succession Regulation (known as ‘Brussels IV’), individuals who owned property in certain European countries could elect for their home country’s law to apply to that property. Although the UK is no longer part of the EU, British nationals are still able to take advantage of the Regulation by including an express election in their wills. When dealing with an estate that includes EU assets, you will need to check whether the will contains such an election, as this can significantly affect how the estate is administered across jurisdictions.

Tax implications

When an estate includes assets abroad, there is often exposure to inheritance tax in more than one jurisdiction. The UK taxes estates based on domicile, while many other countries impose tax based on the location of assets. This can result in double taxation, where the same assets are taxed twice.

Fortunately, the UK has double taxation treaties with several countries. These treaties can allow relief or credit for tax paid overseas, reducing the overall burden. However, you must claim the relief correctly and provide appropriate documentation to HMRC.

Even when a treaty applies, you may still need to deal with differing tax rates, filing deadlines, and valuation rules. Exchange rate fluctuations can affect the estate’s value for tax purposes, and each country may have its own approach to deductions, exemptions, and spousal reliefs.

Professional advice can ensure that all taxes are correctly calculated, paid, and reported, and that no unnecessary liabilities arise. Missing a filing deadline or failing to provide the right documents can lead to penalties or additional tax being charged.

Practical challenges for executors

Dealing with an overseas estate can be administratively demanding. You may need to correspond with foreign lawyers, banks, consulates, or notaries, often in another language and under a different legal system. Accessing bank accounts or selling property abroad may require notarised or apostilled documents – that is, documents officially certified for use abroad.  Some authorities insist on in-person verification or local legal representation.

Delays are common, particularly where local processes are slow or where additional documents are required. Time zone differences and differing expectations about formality can also make communication challenging.

You may also need to handle practical issues such as closing utility accounts, transferring property title deeds, and ensuring compliance with both UK and foreign reporting obligations. These tasks can be time consuming, especially if you are also managing grief and family responsibilities. Having a solicitor coordinate and oversee the process can save considerable time and reduce stress.

How we can help

Our private client solicitors can advise on cross-border probate, and we have established links with trusted tax advisors, lawyers, and notaries in many jurisdictions.

We can take care of the entire process from registering the death and obtaining official translations, to securing probate and liaising with overseas authorities. Our goal is to ensure that everything is handled correctly, efficiently, and with sensitivity at what is often a very difficult time.

For clear, compassionate advice about dealing with a death overseas, contact Lucy Brown in our private client team on 0191 297 0011 or by email at whitley.bay@kiddspoorlaw.com.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

Buying a property off plan

Buying a new-build property off plan

Buying off plan involves buying a house or apartment before it has been built. In most cases, you will have to rely on architect’s plans, computer generated images and other information provided by the developer. In some cases, though, you may be able to view a show home or part of the development which has already been completed.

Buying off plan can be a good way of acquiring a new build home at a competitive price,’ says Patricia Hall, head of the residential conveyancing team. ‘However, it can be a different experience from a conventional purchase and comes with its own issues. So, it is important to consult an independent solicitor or conveyancer who specialises in new builds before committing yourself.’

In this article she answers some of your questions about buying off plan.

What are some of the advantages of buying off plan?

Buying off plan lets you acquire a brand-new home. You may even be able to have parts of it customised to your own taste.

Developers are keen to get their projects underway and rely on sales to boost their cash flow, which means prices are often discounted. Typically, this can be between five and fifteen per cent of the open market price for the same new build. In addition, some developers may offer incentives. They may, for example, pay your stamp duty or legal fees, or offer you a furniture package. You should carefully consider the true value of the incentive. Developers may, for example, limit your choice of solicitor to one recommended by them. However, you should choose one who is truly independent and who will always prioritise your interests. Incentives may also affect how much you can borrow as lenders may include them when working out how much they will advance.

Buying off plan, you will also benefit from any rise in property prices during the construction period. In a rising market, this could be significant.

What are some of the disadvantages of buying off plan?

The most obvious disadvantage is not seeing the property before you commit to buy. Due diligence will minimise the risk of the developer failing to deliver on their plans. Even so, the completed building could fall short of your expectations.

While you would benefit from any increase in property prices in a rising market, the opposite is true in a falling market. The price will be fixed at the time you agree your purchase. So, the price payable on completion may be higher than the property’s market value at that time. Not only will you have notionally lost money, but this could cause difficulties with your lender if you are borrowing. You may not be able to borrow as much as originally intended.

Some buyers are happy to wait for their new home to be built. For others, though, this delay makes buying off plan unsuitable. Moreover, there is inevitably a degree of uncertainty in any construction project and unplanned delays can be a further issue.

How do you finance buying off plan?

Conventional mortgages are generally unsuitable for buying off plan. Most mortgage offers are for a limited period, usually six months, and many developments will take longer than this to complete. Some lenders may extend their offers, but this may only be for a short time and is at their discretion. You should not commit yourself to buying a property without knowing you can fund it; if you cannot complete, you may lose your deposit.

Lenders will typically require you to provide a higher percentage of the purchase price yourself. Some may also require a revaluation of the property prior to completion. If you plan to take out a mortgage, you should speak to an independent specialist mortgage advisor early on.

Buying off plan often appeals to cash buyers and investors, who are attracted by the possible uplift in property prices during the construction phase. Using cash to fund your purchase could also give you more scope to negotiate a discount or other benefits with the developer.

How does the conveyancing process differ when buying off plan?

The basic process is the same, but there are some differences.

First, the developer is likely to require a reservation fee to take the property off the market. The amount varies but is typically around £500-£2,000. This will usually be deducted from the purchase price on completion, but you should check this. The developer is then likely to require exchange of contracts (when you will become legally committed to buy the property) within 28 days. This is a shorter period than a conventional purchase and can present challenges. So, it is important to instruct a solicitor who is experienced with this type of purchase and who can give you their close personal attention.

Secondly, particular title and legal issues can arise when buying off plan. Your solicitor will need to ensure the proposal and completed build comply with the applicable planning permissions and that it will have adequate rights over any common parts and access. Sometimes there can be a discrepancy between the developer’s promotional material and the legal documentation, and it is essential to clarify this so you know exactly what you will be getting.

Thirdly, the completed property should come with some sort of guarantee. This could be in the form of an NHBC guarantee, which provides cover against certain building defects for a period of 10 years. Alternatively, it could have the benefit of warranties from the contractor and relevant professionals. As well as checking the cover provided, your solicitor will need to ensure their benefit is assigned to you. So, they will also need to understand construction law and practice.

How can I best protect myself when buying off plan?

Proper due diligence is essential when buying off plan. You should, for example, carefully check the developer’s reputation and financial standing. You should also check your deposit is protected in an industry-approved scheme. This should ensure you get your money back if the developer goes bust.

The best way of protecting yourself is to get the correct professional advice. It is always advisable to seek advice early on. This is particularly so when buying off plan as the time between having your offer accepted and exchange of contracts is typically short.

Your solicitor should be experienced in off-plan purchases. They will then be familiar with the issues that can arise and ensure these are fully considered and covered in the documentation. For example, problems can arise where there is a long gap between exchange and completion, and stories in the press have described buyers losing their deposits due to being unable to fund their purchase when it came to completion. This can be a particular risk where there are unexpected delays, and a mortgage offer may have expired. However, a break clause inserted into the sale contract, linked to the expiry date of your mortgage offer, can mitigate this.

How we can help

Our solicitors are experienced in all aspects of conveyancing and have special expertise in new builds and off-plan purchases. Instructing us will ensure your purchase has the best possible chance of success and that there will be no unexpected legal issues to stop you from enjoying your new home.

For further information, please contact Patricia Hall in the residential  conveyancing team on 0191 297 0011 or email whitley.bay@kiddspoorlaw.com.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

Avoiding common property problems in a divorce

Dealing with real estate issues in a divorce or dissolution of a civil partnership can be legally intricate. Misunderstanding how assets are categorised, failing to value them correctly, or overlooking tax consequences can lead to an unfair settlement and long-term financial harm. Problems can be further complicated where other family members are involved, such as an elderly parent in a granny annex, or where property is owned via a company.

Among some of the most challenging aspects is deciding what is to happen to property, such as the family home and other valuable assets that have been built up or acquired during your marriage or civil partnership,’ says Trevor Gay, head of the family team. ‘In order to avoid lengthy court proceedings, it is best to understand at the outset how to avoid the common property problems which can arise during divorce negotiations.’

Our family law team at Kidd & Spoor Solicitors are experts in this field, and below we take a quick look at the key issues that you need to consider.

Understanding matrimonial and non-matrimonial property

Before looking at the common problems, it is important to understand the difference between matrimonial and non-matrimonial property.

Matrimonial property includes all assets accumulated during the marriage, such as:

  • the family home (regardless of whose name is on the title);
  • joint savings, pensions, and investments, such as a buy-to-let or a holiday home; or
  • businesses or companies built up during the marriage, which could own commercial or residential property.

Non-matrimonial property generally refers to assets acquired before the marriage, or after separation. Examples include:

  • a home owned prior to the marriage;
  • inherited wealth, such as the home of a deceased parent; or
  • post-separation income or investments, such as a buy-to-let.

Non-matrimonial assets can be ‘mingled’ with matrimonial property, meaning that they are treated within the matrimonial pot.  For example, if one spouse’s inheritance is used to buy or improve the family home, it may lose its separate character and mean it is treated as a matrimonial asset. Similarly, if the matrimonial assets are insufficient to meet both parties’ needs, then non-matrimonial property will be considered to achieve a fair outcome.

When it comes to negotiating the financial settlement, the starting point is an equal division of matrimonial assets. However, many factors, such as the housing needs of any children of the family and any ill health of a spouse will also be taken into account.  These factors often mean that there is a divergence from a 50/50 division.

What happens to the family home?

The family home is often the most valuable and significant asset in a divorce, and it may be difficult to agree how it is dealt with as it is often an asset that has a lot of emotional ties.  Both spouses may wish to remain in the home, or one spouse may wish to remain but is unable to raise sufficient monies to buy out the other spouse’s interest.

How it is divided depends on a number of factors, including:

  • the age of each party and duration of the marriage;
  • any physical or mental disabilities; and
  • the housing needs of any dependent children.

Where there are dependent children, the court’s first consideration is their welfare. This typically means that the parent the children reside with will receive a larger interest in the family home.  This may mean a larger portion of any equity in the family home if it is to be sold, or that the spouse who resides with the children is able to buy out their spouse’s interest in the home at a lower rate.  If they are not financially able to do that but wish to stay in the family home, they may seek a postponement of sale of the house until the children are grown up (known as a ‘Mesher order’).

It is important to note that the court will consider the above factors, even in a situation where one spouse owns the property in their sole name.

It is also worth considering at an early stage if mortgage approval will be required, or a new mortgage application needed.  For example, if you already have a mortgage on the family home that had been in joint names, this will either need to be repaid, or the mortgage company will need to consent to an agreement to transfer the property to just one spouse’s name.  If the mortgage is to be repaid, typically this is done by releasing monies from another asset to raise the funds to repay, or, by taking out a new mortgage in just one spouses name.

Other real estate: second homes, granny annexes, and business premises

While the family home is the focal point, many couples also own additional properties, whether that is a holiday home, investment property, or business premises.

  • Second homes and holiday properties

Second homes and holiday homes are typically treated as matrimonial property if purchased during the marriage or funded by joint income. Their fate depends on the couple’s needs and financial position. Often, these properties are sold, with proceeds shared or offset against other assets.

If one party has a strong emotional attachment or regularly uses a property, it is sometimes possible to negotiate a trade-off.  Typically, this means accepting a smaller share of assets elsewhere in order to keep the holiday home.

If the second home is overseas, then it is best to try and reach an agreement as to how it will be handled.  If agreement cannot be reached, then our courts can consider the asset and its value in any order, but enforcement of that order outside of the jurisdiction is complex and likely to be time consuming.

  • Granny annexes and extended family arrangements

Where a property includes a self-contained annex or accommodation for elderly relatives, additional sensitivities arise. The court will assess both parties’ housing needs and any dependencies of elderly or vulnerable family members. If relatives have contributed to the purchase or a refurbishment, the court may need to consider whether they have a beneficial and financial interest even if they do not hold legal title. These cases often require expert evidence, including property valuations if agreement cannot be reached.  Careful consideration of the property title is also required to see if any rights are registered in favour of the elderly relatives.

  • Investment properties and rental portfolios

The court treats buy-to-let properties and investment portfolios as income-producing assets, and they are usually included within the matrimonial pot. The valuation will typically be based on market value minus any mortgage and tax liabilities that fall due on sale.

Depending on needs, one spouse may retain the rental property to generate income, while the other spouse receives cash assets to balance the settlement.  This is known as ‘offsetting’.

  • Business premises and company assets

Where one or both spouses own business premises or are directors/shareholders, the situation can be complex. The business itself is often the main income source for the family, so courts will be cautious about making orders that could undermine its viability.

Valuing a business requires specialist input from an accountant.  We deal with several accounting experts who we can instruct on your behalf to ensure you have the assessment for your business.  A valuation will consider the business resources, profitability and a realistic goodwill figure.

Upon receipt of the valuation, we will be able to advise you on the best approach under your circumstances.  This may involve offsetting against different matrimonial assets, transferring shares or making structured payments.

Failing to take account of tax implications

Failing to take account of tax arising from any property transaction can be a costly oversight, and typically the following taxes need to be considered:

  • Capital Gains Tax (CGT)

If you are separated, you can transfer assets between spouses free of CGT until the end of the third tax year after the tax year in which you separated, i.e. on or before 5 April of the third tax year.  CGT is particularly relevant where one spouse retains an investment property or business interest.  Failing to plan properly can erode the settlement value by thousands of pounds.

  • Stamp Duty Land Tax (SDLT)

There are several issues that can arise which may have an SDLT impact.  Typically, SDLT does not apply when spouses transfer property between themselves as part of a divorce settlement.

If you buy a new home before your divorce is finalised (assuming you still own or jointly own the former matrimonial home) it will be treated at the time of purchase as a second home and the SDLT surcharge will apply.  If, however, you reach a settlement, or obtain an order from the court, and within three years of buying your new home, sell or transfer your interest in the former matrimonial home you can apply for a refund of the surcharge SDLT you paid.  SDLT is a complex tax, with many exemptions and variations.  It is therefore important to take advice on your individual circumstances.

  • Income tax and future earnings

Shares, investment income, and business profits also carry potential income tax implications which need to be borne in mind when entering a settlement agreement, as some could reduce the income you are perhaps expecting. Any entitlement to marriage allowance will also come to an end.

  • Pension sharing and lifetime allowances

Pensions can often be significant marital assets, and a SIPP or SSAS may include property, yet many couples overlook their tax complexity. Pension sharing orders transfer a percentage of one spouse’s pension to the other, but factors such as lifetime allowance limits, tax on withdrawals, and scheme rules can all affect true value.

We will advise you if independent financial, accounting and actuary advice is required to consider your potential tax implications.

How we can help

Our experienced family law team will provide you with clear legal guidance at the outset. We guide clients through every stage of the divorce process, from negotiation to settlement, ensuring your financial interests and those of your family are protected.

If you are facing divorce or separation and need advice on dividing property, contact our Family Law Department today to arrange a confidential consultation on 0191 297 0011 or email whitley.bay@kiddspoorlaw.com.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

St Oswald’s 300k Giving Day

St. Oswald’s Hospice Giving Day campaign aims to raise £300,000 in just 33 hours, to fund their vital bereavement support and social work services for a full year.

The bereavement support and social work services are offered free of charge to both adults and children. The charity receives no statutory funding so the cost to run them must be covered by charitable giving. Costs and demand for these services are rising, so together, we hope to secure them for the future, for everyone who needs them.

The giving campaign runs from 8am on Wednesday 17th December and will end at 5pm on Thursday 18th December, and aims to raise £300,000 in total during the 33 hours. Every donation will be doubled be a generous pledger, who has donated a match funding pot to match every donation made during the 33 hours of the campaign.

Lucy Brown, our head of the private client team is a champion for the campaign. St. Oswald’s is particulary personal for members of our team Lucy Brown, Emily Blackett and Ruby Shannon, who lost their close friend Kelly earlier this year. St Oswald’s supported Kelly, her husband and children during her illness and after she sadly passed.

Donations can be made through our team page HERE

November budget 2025, your residential property questions answered

The November 2025 Budget was the subject of much speculation in the press with rumours of major changes to stamp duty and the introduction of a new tax on the sale of a property. While these failed to materialise, there are other changes that could affect you.

There was a lot of concern about how the 2025 Budget would affect property owners,’ agrees Patricia Hall, head of the residential property team. ‘And this may have led some people to put their plans to move or invest in property on hold. Fortunately, the situation is now much clearer. However, while the changes introduced by the Chancellor of the Exchequer may be less drastic than some feared, it is still important to be aware of the new rules.’

Here Patricia answers some of your questions.

I plan to move shortly. How will the 2025 Budget affect me?

If you are selling your home, or buying a new one, the 2025 Budget makes no changes likely to affect you.

Last year’s Budget changed the way stamp duty land tax (SDLT) applies to the purchase of property, particularly in relation to second homes or investment properties. However, the 2025 Budget made no further changes and so the existing rates still apply. This means most buyers will continue to pay SDLT on their purchases, the amount depending on the property’s value.

How will the 2025 Budget help first-time buyers?

The 2025 Budget contained no measures to directly benefit first-time buyers. However, potential reforms to the Lifetime ISA could make it easier for buyers to save for their first home. First-time buyers could also benefit indirectly from the Government’s plans to increase housing supply, for example, through the Social and Affordable Homes Programme.

Is there anything else I need to consider?

Buying or selling a property is an important economic transaction, with many legal issues to be considered in order to protect your interests and your enjoyment of the property in the long term. It is important to also choose a solicitor who understands your individual aims and aspirations, and knows your local market, as well as all the legal aspects of the transaction.

How we can help

For further information, please contact Patricia Hall in the residential conveyancing team on 0191 297 0011 or email whitley.bay@kiddspoorlaw.com.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

Tips for co-parenting during Christmas

In our last blog article of 2025, Trevor Gay shares some helpful tips ahead of the Christmas period in relation to arrangements for children.

  • Focus on the child’s best interests
    Life with children is great but unpredictable. Inevitably during holidays, issues come up and must be resolved between parents despite the best laid plans. I find it is helpful in the middle of any turmoil to take a moment and bring the focus back onto the child. After all, most parents I speak to want their children to continue to flourish. There can be lots of suggestions made by those close to a parent as to what they should do for the best, but ultimately, the law is clear that any judge’s focus will be on what is in the child’s best interests. Effectively trying to score points against the other parent and not being pragmatic or child-centred will not go down well if court proceedings are needed about long term child arrangements.

 

  • Respect your existing agreement
    Once arrangements have been made, the child will be expecting those arrangements to happen. We know that these times are difficult for children of separated parents, and one way to minimise their stress is to stick to the agreed arrangements. You may be surprised at how many times one parent has changed arrangements or timings at the last minute. It may have been out of their control, but if not, then going back to the child’s best interests above, what may feel like a temporary victory could have long term negative effects on the child’s mental health.

 

  • Knowledge is key
    Uncertainty is a source of stress for most of us, but even more so for a child at Christmas. If plans must change, then the first step after the parents agreeing any amendments is to explain the situation to the child in neutral terms and so that they know what to expect.

 

  • Keep communications open
    What if the child says they are missing the other parent? We have so many options for communication these days that make it easy for them to have a quick call or exchange of messages with that parent. The law favours reasonable indirect contact and crucially it will undoubtedly help the child if they can see that parent promoting contact with the other parent and will assist in reducing the possibility of the child feeling as though they are caught in the middle.