A number of years ago the legal profession was opened up so that people other than solicitors and barrister could practice. This resulted in a number of new professions being created, you may have heard of licensed conveyancers and legal executives. The reason for this change was to allow a wider variety of people to attain a career in the law. When Kelly was eighteen she decided she could not go to University. She was from a single parent family and had two younger sisters so money was tight. Instead she went to secretarial school and trained to be a legal secretary. Following this she found a job in a law firm and began her career. She started as a junior legal secretary and worked her way to being a partner's secretary. Whilst she was working she enjoyed herself so much she decided she wanted to progress further so started a course with the Institute of Legal Executives and began her training. She worked and learned on the job. Finally, in 2005 she passed all of her exams and because she had been working for more than five years was admitted as a Fellow of the Institute of Legal Executives. During her study time she spent three years learning a mix of legal subjects, two years studying estate administration, one year studying trust and equity law and a further year studying land law. When she qualified she inherited her first case load and off she went! She didn't stop there though. She was the first person who started as a legal secretary in her firm (at the time) who was made an associate and the former legal secretary to be made a partner. Not bad for a girl who grew up in apple orchards! She qualified as a member of Solicitors for the Elderly and the Society of Trust and Estate Practitioners. She completed her law degree when she was 35 whilst working full time and was one of the first three people in the country to achieve the Probate Practitioner's accreditation from the CILEx regulatory authority. In 2014 she founded Argo Life & Legacy and has been happily running her own practice, her own way ever since. So, the answer to the question is no, Kelly is not a solicitor. This is not because she knows less than a solicitor or is less qualified. She does not want to be a solicitor because of all the help and support that her regulatory and training body have given her along the way. She believes in Legal Executives and giving those who want a chance to be a lawyer. She believes in breaking the traditional rules and being different. She believes in a level playing field of opportunity and that those who work and study hard should be rewarded for what they achieve. We don't mind that Kelly is not a solicitor because there is only one Kelly, and she works at Argo!

As you know there are a number of taxes that are paid by an individual during their lifetime. One of these is Capital Gains Tax. This is a tax on profit made on investments ie stocks and shares or property. There have been some changes recently in relation to the treatment of capital gains and properties. A capital gain can arise when a property is sold or given away. The technical term for this is a disposal. A disposal will typically be where the property is sold by the owner, but it also applies where a property is inherited and then disposed of, or where a property is gifted. Capital Gains Tax applies to all properties which are considered to be investments ie •a property that someone has not used as their main home •a holiday home •a property which they let out for people to live in •a property that they’ve inherited and have not used as their main home Capital Gains Tax does not apply to any property we are occupying as our main home. The recent changes in Capital Gains Tax legislation meant that property owners selling a residential property in the UK, from 6 April 2020, will have 30 days to tell HMRC of the sale and pay any money owed in relation to Capital Gains Tax. For some this will be able to be done without having to register for Self Assessment. There is no need to report a sale of a property in the following circumstances:- •a legally binding contract for the sale was made before 6 April 2020 •the property meets the criteria for full Private Residence Relief (your main home) •the gift was made to a spouse or civil partner •the gains (including any other chargeable residential property gains in the same tax year) is within your tax free allowance (called the Annual Exempt Amount) •the property was sold for a loss •the property is outside the UK HMRC will launch a new online service to make it easier to report and pay any Capital Gains Tax. Sarah Kelsey, Deputy Director, HMRC, said: “We want to help customers know exactly what they need to do, as it’s really important that everyone involved with the sale of a residential property fully understands the changes. “People don’t usually have to pay Capital Gains Tax if they sell the house they live in, but this is a significant change for customers who do have to pay the tax and who up to this point would include the gain in their Self Assessment return. There will be lots of help and guidance available to individuals and agents, or those representing trusts, and we are providing a new online service to make it easier for all our customers to both notify and pay online within 30 days” If customers don’t tell HMRC about any Capital Gains Tax within 30 days of completion, they may be sent a penalty as well as having to pay interest on what they owe. Further advice and guidance is available on GOV.UK.

Lord Chief Justice says coronavirus will impact the operation of courts The Courts and Tribunals Judiciary (CTJ) has released an update from the Lord Chief Justice, Lord Burnett of Maldon, regarding the coronavirus (COVID-19). It is ‘of vital importance’ that the administration of justice continues, although it is not realistic that business as usual will continue. There is an urgent need to increase the number of hearings over phone and video, while the Civil Procedures Rules and Family Procedures Rules provide considerable flexibility. Emergency legislation will be drafted, and this will likely include expanded powers in the criminal courts to use technology in a greater range of hearings. The immediate aim of the CTJ will be to continue serving the public and ensuring continuity for urgent matters. HM Courts & Tribunals Service has also updated its coronavirus guidance to reflect jury service guidance. So, how will this affect Argo. Wills: There should be no impact as a result of coronavirus unless the will is being made through the Court of Protection as a statutory will Lasting Powers of Attorney: It is likely we will see delay in registering lasting powers of attorney as staff members at the Office of the Public Guardian are advised not to go into work or self isolate. As we are made aware of issues you will be too! Court of Protection: It is likely we will see delay in applications with the Court of Protection as staff members are advised not to go into work or self isolate. We are already aware that two members of the Court of Protection Judiciary are self isolating. However, the Court are trialing some urgent hearings by skype where individuals lacking capacity need to attend. Estate administration: It is likely that the Probate Registry will be affected which will cause a delay in issuing of Grants of Probate and Grants of Letters of Administration. Rather than post applications we are able to submit our applications online. We will be testing this in the next two weeks to see if this cuts down on time delays. We are continuing to operate a fully functioning service for our clients and will continue to do what we has to be done to make sure your case progresses as it should. We are carrying our a strategic risk assessment of all clients and work we are conducting on their behalf to see how coronavirus could affect progression of their case. We still have multiple methods of contact into the office so just call us if you need us.

The following statement has been released from the Chief Executive and Chief Land Registrar from H M Land Registry on how coronavirus might affect the services they offer clients:- "As the coronavirus (COVID-19) spreads we are preparing for a range of potential scenarios in line with the government’s coronavirus (COVID-19) action plan, to ensure we are as prepared as possible. Our priority is to protect the welfare of our employees and our customers. Following the latest guidance on social distancing we are no longer accepting any face-to-face appointments at our local offices. But you can continue to contact us online, on the telephone or by post. I would like to reassure you that we will continue to operate as close to normal as possible. We are also considering our application handling policy in light of the current situation and any disruptions our customers may face. We will keep you informed of any changes to our services. Thank you Simon Hayes Chief Executive and Chief Land Registrar" Nothing unexpected in that statement but you want to know what this means for you. In relation to services we offer our clients we have minimal dealing with the Land Registry. We do however register titles on documents if properties are changing hands in estate administration, sever joint tenancies and update title documents following deaths. We have not experienced difficulties at this point, but if this changes we will let you know.

There is a lot of confusion about social distancing and what it really means. Until last night some people were still socialising, others had chosen to stay at home, some went shopping, some did not. In an attempt to help understand what social distancing is we have included the link below to the Government website instructions:- https://www.gov.uk/government/publications/covid-19-guidance-on-social-distancing-and-for-vulnerable-people/guidance-on-social-distancing-for-everyone-in-the-uk-and-protecting-older-people-and-vulnerable-adults

We have received an update from Royal Mail as to the ongoing situation with mail delivery which may prove to be an important lifeline for many over the coming months. Here is what they have said "At Royal Mail, we are actively monitoring the rapidly evolving Coronavirus situation. The postal service is a key part of the UK’s infrastructure. The delivery of parcels and letters is a key way of keeping the country together and helping many people who may not have the option to leave their homes. We will continue providing the best delivery service for you and protect the health of our people, and our customers. We have already made a series of adjustments to our parcel handling procedures. We are keeping our ways of working under review. We will keep you informed. We understand that having the right information is very important during this time. So, we’ve made it easy for you to find out up to date information on our website: • Question & Answer section for all our customers • Steps we are taking to protect our staff • International delivery updates • UK delivery updates If you’d like to be updated automatically about any local or national service issue, you can sign up to our email alerts." Here are some of the questions that Royal Mail have been asked:- 1. Can customers catch coronavirus from the mail? Public Health England has advised that there is no perceived increase in risk of contracting the new coronavirus for handling post or freight from specified areas. From experience with other coronaviruses, we know these types of viruses don’t survive long on objects, such as letters or parcels. 2. What precautionary actions are you taking to ensure the health and safety of colleagues? We take the wellbeing of our employees very seriously. In line with guidance from Public Health England, we are advising colleagues that good hand hygiene is the first and most important line of defence. Disposable gloves are also available to our people on request. 3. What actions will Royal Mail take in the event of a suspected or confirmed case of coronavirus with one of our employees? Should we have a confirmed employee case, we will work with Public Health England who sets out the required actions for the relevant Royal Mail office (if the employee has been in work) and any wider actions relating to people the employee has been in contact with. We have all the systems and processes in place to carry out cleaning of our property, if required. 4. What will happen if one of Royal Mail’s sites has to close because of an outbreak of the virus? Any decision to close one of our units would be made in line with Public Health England guidance. We have strong contingency plans in place to ensure mail is kept moving. The scale, vast network and business continuity expertise of our organisation mean we have extensive experience in being able to quickly deploy diversion plans so we continue to provide customers with access to our collection and deliv services, and their mail. And in these unusual times why don't we go back to writing letters? We all used to have pen pals so how about getting some more!

The full extent of COVID-19's global impact is yet unknown but developing daily. With this in mind we would like to share the measures we take to protect our clients, staff and our business each and every day. In light of the Coronavirus pandemic, it's important to stay updated with information and follow guidelines from trusted organisations like Public Health England, gov.uk, NHS & NHS 111 online. We ensure that we obtain our information from these reliable sources and trust this prevents us spreading misinformation that may cause general panic. Whilst hospitals and governments work to keep people healthy and safe, many businesses, like ours, are continuing to provide customers with what they need during this period. At Argo we don't just provide legal support during a time of need we also provide each of our clients a support service through our Social & Wellbeing team which is available to assist during self-isolation periods Keeping our clients safe We update our employees with the latest news developments and health regulations. We make sure everyone understands how to look out for common symptoms of the coronavirus like a dry cough, shortness of breath and/or fever. We make sure our team is following protocol given by Public Health England like washing hands, using tissues when sneezing (if you have no tissue use the crook of your arm/elbow), sanitize surfaces and if you display any symptoms stay at home to keep everyone healthy. At Argo we are working hard to keep our clients and staff safe during this current pandemic. The working practices we have already in place are designed to protect our vulnerable clients. How are we maintaining our service We need to maintain our service throughout this pandemic but how can we succeed in doing this if we are self isolating and unable to see our clients? We have worked hard over the past few years to improve how you can access our services. Firstly, the traditional way: Our office telephone is 01622 843729 and is switched on 9am - 5pm Mon, Tues, Thurs, Fri 1230 to 5pm Wednesdays Outside of normal office hours you can leave a message and our duty on call team member will call you back. Our Social & Wellbeing team supports our clients and they have access to our 24 hour freephone response line. Please understand that services are in high demand and we endeavor to answer all telephone calls however if you have to leave a message we will contact you the same day You can send us your inquiry by email to info@argolifeandlegacy.co.uk We have also listened to our clients about how they wish to contact us. As a response to this we developed and launched our new website in 2019 in which we have included great new ways to access our service. You can Live Chat with us via our home page (bottom right corner). Using Live Chat gives you access to a messaging service so you can speak directly to our team. It's great to get simple questions answered quickly. Via our website you can request to download our Argo mobile device app. This will keep you up to date with the news we share. You can also find out about our events via the app and Live Chat with us when you are on the move. We also have an Argo community forum within our app so that we can answer questions and have discussions to help our clients and carers navigate their individual journeys. Client Meetings Most of our client meetings are held within your own home. We are determined to ensure that the Argo team are in the best of health for all of our meetings. If any of the team or our clients are not feeling well meetings are postponed or covered by another member of the team with the relevant expertise. However with the magic of technology we have other methods available to ensure you can have your meeting, even with us not being in the room! HOW? We are able to hold telephone conference meetings through our inhouse system with multiple people, in different locations. We also have our own encrypted online video meeting rooms, where families can log in via mobile phone, Ipad or PC from their own home, office or holiday villa and catch up. In the past this has helped us deliver our services to families who live worlds apart. We share news when we get it With news changing daily we are keeping our Argo Live! news up to with changes which could affect our service. You can access Argo Live! via our website, Argo Mobile app, or our social media Facebook, Twitter or Linkedin services. Social & Wellbeing team readiness Argo Life & Legacy has the benefit of our Social & Wellbeing team which responds to any of our clients in their time of need, whether it is an urgent hospital admission, finding care providers or sourcing locksmiths, plumbers and electricians, the team work to ensure everyday problems don't become major issues. Our team is already making plans for our clients to enable us to respond if or when the government decide to implement self-isolation for the over 70's. We will be available to support whatever our clients and families require. At Argo we are working hard to keep our clients and staff safe during this current pandemic. The systems we already have in place are designed to protect our vulnerable clients and make sure their lives can continue as normally as possible. If you need us we are here, so phone.

We have just received notification from our colleagues at Emerson Grange that they will be closed to all visitors and relatives from Friday 13 March 2020, until further notice, in order to protect their residents and staff from the Coronavirus. This means that our talk on lasting powers of attorney scheduled for the afternoon of 18 March has been postponed. As soon as we have rescheduled dates we will let you know. We understand that visitors to the owners of apartments in Emerson Grange Mews are still able to visit as normal. If need to speak to anyone at Emerson Grange call them on 01322 610090.

Have you heard about the Helping Hands Scheme offered by the European School of Osteopathy? Here is a snapshot their website:- To mark ‘Random Acts of Kindness Day’ and in line with the ESO’s charitable aims, this February we relaunched our ‘Helping Hands Scheme’* . Helping Hands recognises the fact people may be in pain but not have the means or the motivation to seek help. A maximum of 20 places available, with a course of up to six osteopathic sessions free of charge; these are offered on a case by case basis and cannot be guaranteed. Those enquiring about the Helping Hands scheme should indicate:- - how long they have been experiencing pain - personal circumstances that may qualify them for the Helping Hands scheme; for example - the applicant may be taking a break from employment to care for young children, or elderly relatives, they may have ongoing health issues and be considering osteopathy for the first time, or perhaps they or their partner have experienced redundancy - personal circumstances that may qualify them for the Helping Hands scheme; for example - the applicant may be taking a break from employment to care for young children, or elderly relatives, they may have ongoing health issues and be considering osteopathy for the first time, or perhaps they or their partner have experienced redundancy - a telephone number or email address – it is usual for Mr Thomas to contact applicants individually Under normal circumstances, we would not expect current or previous ESO Clinic patients to apply. Although we would not ask for formal evidence of income, we would hope our charity status would be respected when deciding whether to submit an application. Closing date for applications: Friday 29 May 2020 Applications should be sent to robertthomas@eso.ac.uk or in writing to: Mr Robert Thomas ESO Clinic 104 Tonbridge Road Maidstone Kent ME16 8SL * Treatment will only be offered where considered appropriate following an 80 minute initial consultation. As part of their professional code, Osteopaths have an obligation to refer patients to other health professionals when osteopathic treatment is not deemed suitable or where further investigations may be required.

This is probably not something that will affect the majority of deputies who are not acting in a professional capacity, but for those of us who have a family member looked after by a professional deputy this is something you need to be aware of. The Court of Protection has recently issued a judgment in relation to legal advice and costs where a professional property and affairs deputy asks another member of their professional firm to provide advice. The Court was specifically asked to consider in what circumstances a professional can recover legal advice costs and how they manage conflict if there is a need to take legal advice within their own firm. A deputy is usually given general authority to deal with the administration of a person's financial affairs. The general nature of the power relates to ordinary tasks required to manage a person's affairs. When you look at obtaining legal advice this is general authority limited to non contentious legal advice for example buying and selling houses. In the recent case the Court of Protection has decided that litigation is beyond the scope of a deputy and is not within the general power they are given. The legal advice received can cover advice up to but not including anything past issuing letters notifying the other party that litigation will be commenced. If litigation is required permission must be sought from the Court of Protection first. The only two exemptions to this are if matters need to be brought to the attention of the Court of Protection if they relate to the property and affairs of the person being looked after or if the Court needs to make a decision in relation to the welfare of an individual if the care they are receiving is unlawful or when the body which sought have brought the case fails to do so. If a professional deputy instigates litigation before permission is given by the Court they may not be able to recover their costs. So how could this affect your family member? Here is an example, the property and affairs deputy can commence proceedings in relation to a continuing healthcare application but cannot begin an appeal against a decision without permission of the Court. In an attempt to deal with the conflict issue which arises where a deputy instructs another member of his firm to act on his behalf the Court has been quite clear. There are one two ways a deputy can do this. Firstly, the deputy can ask, in the original application for their appointment, for permission to use in house lawyers. It will be down to the facts of the specific situation as to whether this permission will be given. In these circumstances it is more likely the Court will impose restrictions and conditions on any such permission rather than give blanket authority. The second option requires the deputy to do three things, namely to obtain three quotes for the work, make and record a best interest decision as to which lawyers to instruct and then the following rules apply a. if the deputy selects a different firm, the instructions can proceed, but b. if the deputy selects the in-house provision, the deputy will need to seek approval from the court if the cost will be more than £2,000 plus VAT, and c. set out any legal fees in the deputy's return to the Office of the Public Guardian, appending notes of the decision making process If a deputy acts outside of their power it may be that the decision or resolution involved does not stand or that your family member ends up paying for fees which should never have been incurred in the first place. If your family member is currently involved with litigation instigated by their deputy then it is important to determine whether they have permission to continue or whether a stay needs to be sought to obtain permission. This case is another example of how finding the right deputy to manage financial affairs is important. As a family member you can ask questions about how the professional deputy will manage or is managing the affairs of your mother, father, sibling or child. If you have any concerns then you are always able to contact the Court of Protection and raise your concerns directly with them.

Yesterday we were lucky to be invited to speak to the team and selected guests at the new Barchester Healthcare care home in Herne Bay. Herne Place is due to open in the summer of 2020. The home is 2 minutes off the A299 and about five minutes away from the seafront. The first phase will see forty rooms en-suite rooms being filled with individuals needing residential care, dementia care and respite breaks. With residents being able to have on-site private dining for special occasions, spa bathing, onsite hairdressing and a dedicated minibus for day trips. Being a new home it will have all the modern facilities for those living with dementia to live in a dementia friendly, multi sensory environment. From a quick review of the menu it does not look as if anyone will go hungry! With breakfast, mid morning snacks, a three course lunch, afternoon tea, a three course evening meal along with the options of evening supper and a late night menu I think some larger size trousers may also be on the menu. The builders are still in and welly boots may be the order of the day for a visit but the team would love to see you if you are looking at options for the future. Some may think that this is an advertising gimmick but we truly support the great care homes and their teams who support us with our clients so it is only right that we shout about the good homes we find! If you do want to have a look and see what is on offer here is the link for the website https://www.barchester.com/home/herne-place-care-home. If you just want to go an have a quiet nose about why not drop into one of their community events which are taking place during March:- Essential Oils Talk Wednesday 11 March 1-2.30pm Basketry demonstration Wednesday 18 March 1-3pm Antique valuations and talk Wednesday 25 March 1-3pm Or, why not just give Sam a call. She would be delighted to help with any queries that you may have.

2020 is a leap year and thousands of women across the globe will take the opportunity to propose to their partners. Whilst the romance will pass in the moment the legacy that is left by marriage is long lasting. Finances change, families change, personal circumstances change and although you will be married, none of us can predict what is round the corner. Here are five practical things to think about after the romance of a leap year proposal:- 1. Assets held before marriage None of us truly believe, whilst we have our heads in the romance clouds, that things could ever go wrong, but they do. If you are bringing assets to a marriage you should give thought as to whether it is wise for you to prepare a prenuptual agreement before you exchange your vows. Divorces can be costly so, if you are in love, would it really matter if you agreed to leave the relationship with what you came with, even if divorce will never happen, just to be cautious? 2. Make a will Before you were married your assets were your own and would pass to your parents and siblings if you had not made a will. Upon marriage this all changes. If you do not make a will and you are married at the time of your death the law sets out in rules called the Intestacy Rules who has what. This could mean that your new wife/husband of three weeks inherits your entire estate to the exclusion of your family. A will governs where your assets go on death and can ensure a fair split between your new spouse and your family. 3. Make a new will If you have made a will before you marry you cannot rely on this will after your wedding day. A marriage revokes an existing will so you will need to update or resign a new will to ensure it is valid after your marriage. 4. What do you do with the kids? It is likely that after the hangover from the wedding has subsided you could hear the patter of tiny feet. Whether this is the dog or triplets, have you decided what would happen with your children if both you and your spouse died? Think carefully about who you would wish to look after your children in your absence and provide for your children in an appropriate way. Would you want them to live with their guardians, would you want them to stay together, if they inherit from your estate who would you want to look after their inheritance until you considered them old enough to receive it? 5. Get some independent financial advice Being a married grown up brings responsibility. What happens to your family if you die? Have you stated where any death in service pension from your employer goes? You want to ensure it does not pass into your estate for inheritance tax purposes. Do you have life insurance? Can your spouse continue to pay the mortgage or live your current standard of living if you die? An independent financial adviser can provide advice on the best way to secure your family’s future when you are not here. For further information, advice and support on these issues contact Kelly or Claire on 01622 843729