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Published by marketing, 2018-12-13 06:51:31

Summer Webinars - GWLegal

Summer Webinars - GWLegal.

Summer
Webinars

Summer Retirement
Webinar 1:
Providing solutions for your future
GWLegal

Where can I find a list of specialist ER solicitors?

A number of key resources exist for those seeking specialist equity release legal advice. The
Equity Release Council’s own member directory
(http://www.equityreleasecouncil.com/member-directory/) features a section dedicated to
ER-specialising solicitors, with the option to filter results by region and proximity to a
particular postcode. Alternatively the Equity Release Solicitors Alliance
(http://www.ersalaw.co.uk/) is made up of five firms with intimate and intricate knowledge
of the finer points of the legal side of equity release, all ready and willing to o er assistance
as needed.

Are third party family and friends not allowed to be present in the face to face meeting
with the solicitor even if the client wants them there?

There are many circumstances where the clients may wish to involve family or friends in
their decision making and this makes perfect sense. As their appointed solicitor we
recommend that all clients discuss their decision with family or intended beneficiaries.

As a general rule the independent solicitor should meet with the client alone (or jointly
where there are 2 clients). This is to ensure that the clients have their own opportunity to
raise any queries, that they have an appropriate understanding of the plan and to ensure
that their decision to proceed has been made free from any external pressure or influence.
Circumstances may come to light where a client requires third party assistance but the
solicitor will need to satisfy him or herself that the request is reasonable and that the
requirement for the third party to be present is properly recorded on the client’s file. Where
a third party is an intended or potential beneficiary of the equity release it would not be
appropriate for them to be involved in the process or present during the face to face
meeting with the solicitor.

Retirement

Providing solutions for your future

Do all legal providers visit clients in their own home, or just GWLegal?

There’s no set rules as to whether they will or won’t, and it depends entirely on the firm in
question – some will, and some won’t. The best option is to discuss your needs directly with
each firm to make sure they can provide the services required. A selection of specialist
serviced providers can be found over at the Equity Release Solicitors Alliance
(http://www.ersalaw.co.uk/) and via the Equity Release Council member’s directory, the
latter of which (http://www.equityreleasecouncil.com/member-directory/) also has filter
options for proximity to addresses and also for home visit providers.

The presentation mentioned a £600 fee contribution on the Max range – is it not
£1,400?

The £1,400 relates to the total fee contribution across our Max product range. That total
comes from £600 in legal contributions alongside £800 of further contribution towards
adviser fees, amounting to the total of £1,400

What kind of delay would there be when there’s a deceased party on the house deeds
and what process would need to be followed?

This would depend on the individual circumstances of the client. The simplest and most
common situation is where a client has owned a property jointly with a deceased co-owner
and there were no restrictions on their joint ownership. Following the death of the co-owner
the death certificate would be provided to land registry and the property would usually pass
into the sole ownership of the client. More complicated are situations where joint owners of
a property have decided to own a property in specific individual shares. This decision may
have been made to ensure a specific gift to beneficiaries following death. These situations
usually create a ‘trust of land’ and the consequences can be fairly wide ranging. At best the
trust may be brought to an end provided the intended beneficiaries are in agreement and
have obtained their own independent legal advice. At worst the client may be unable to
release equity at all. Best practise for IFAs would be to recommend the client ask their
independent solicitor to review the property title and any related documents as early as
possible.


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