Falcon Law

THINGS TO KNOW BEFORE FILING FOR DIVORCE

Marketing — Fri, 30 Apr 2021 11:31:25 +0000

It’s not uncommon for a marriage to break down, but when it does, divorce can be the most practical option available. Whether the situation is amicable or not, going through a divorce can be one of the most stressful times in a person’s life. So, when it comes to proceedings, it always helps to have as much knowledge as possible before making any big decisions. Read on to find out useful things you should know before filing for divorce.

Do I need a solicitor to get a divorce?

Depending on the circumstances, a divorce can be a lengthy undertaking, so most people require professional advice before they take any first steps. The divorce process in the Canada involves a significant amount of paperwork, so it’s generally recommended that you obtain initial legal advice from a reliable solicitor, from the start. Instructing a Divorce Solicitor means you can complete all the required divorce papers correctly without any unnecessary hold ups. It can also save you a lot of time from having to read through and complete all the mandatory forms yourself, as your solicitor will do this on your behalf.

Does it matter who starts the divorce proceedings?

If the divorce is amicable, then strictly speaking, it may not matter who starts the proceedings, as this may not significantly affect the outcome in any way.
However, in more complex situations, filing for divorce first (also known as being the ‘petitioner’ rather than the ‘respondent’) can make a big difference to things later down the line, particularly if there are disputes involved. Factors affected include things like:

Timing – The person filing for divorce (petitioner) has more time to prepare their case.
Decisions – The petitioner has more say over certain matters and can choose the jurisdiction in which they litigate the divorce, so this will affect whereabouts in the country the divorce takes place.

You don’t always need your partner’s permission to get a divorce. However, if you can both agree, this can save you time and money. If both parties can agree on your divorce and the reasons for it, then getting a divorce legally finalized will usually take between 4 to 6 months. However, this can change depending on individual circumstances such as dealing with financial issues, property matters, or custody of children.

What happens if my spouse isn’t cooperative?

If your partner opposes the divorce (sometimes also known as ‘defended divorce’) or you can’t agree who should pay the divorce fee or other costs, you might need legal advice or to go to court. Defending a divorce means you’re stating that the marriage is not at an end.

It’s helpful to know that you’re only eligible for a divorce if you’ve been married for a minimum of one year. You can read more about the grounds for divorce here.

If you’re going through a divorce, the solicitors at Falcon Law in Mississauga can help you with every step of the process. Our team of specialists provide expert support offering professional, fair, and understanding representation, no matter the circumstances. Call our specialist divorce solicitors +14377000727.

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UPDATING YOUR WILL IN 2021

Marketing — Tue, 19 Jan 2021 11:40:50 +0000

Having gone through a challenging 2020, it’s safe to say that for a lot of us, mortality is at the forefront of our minds. For millions of us across the Canada, this has got us thinking about our future, so it’s only natural you might be considering updating your will in 2021.

Lots of people alter their will when they have a change of circumstances. Common reasons include when a family member passes away, when there are new additions to the family (like children grandchildren), or when a person’s financial or marital situation changes.

Despite the importance of having a will, many people put it off for fear of it being a complicated process. In truth, writing or updating your will is not as daunting as you might initially think. If you have any questions about updating yours you can always speak to a friendly expert from the comfort of your own home beforehand. In the meantime, we’ve put together a handy list of things to consider when deciding whether to update your will.

How do I update my will?

There are two main ways to update your will.
1) Create a brand-new will from scratch.
2) Add a codicil to your will. This is a document used to help you make small amendments to an existing will instead of completely re-writing an already written version. A codicil will need to be signed and witnessed in the same way as your original will, but this doesn’t necessarily mean you’ll need to use the same witnesses. There’s no official limit on how many codicils you can add to a will, either.

What happens if I don’t update my will?

If you die without a valid will in place, rules set by the Government dictate what happens to your estate. These are known as ‘intestacy rules.’ If your circumstances have drastically changed, then it’s important to make a will to ensure that your possessions and money are distributed according to your wishes. When writing or updating a will, it’s wise to have an idea of what you want to include in the will before seeing a solicitor. However, your solicitor will always ensure the document passes all the formal requirements needed to make your will up to scratch and legally valid. If you do decide to make a new will, this will revoke any previous wills you had.

If you want to make or update an existing will, the solicitors at Falcon Law in Mississauga can help you get started with the process. Call our wills and probate solicitors today on +14377000727.

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STAMP DUTY HOLIDAY

PD DESIGN — Fri, 10 Jul 2020 16:14:05 +0000

In a bid to rejuvenate the Canada property market, Government chancellor Rishi Sunak announced a stamp duty holiday for homebuyers in England and Northern Ireland on the 8^th July 2020.

Responding to a significant dip in property sales since the arrival of the coronavirus, the ‘holiday’ means that property sales up to £500,000 will now be exempt from the stamp duty land tax charge. The chancellor intends to increase confidence in the housing market with this tax relief, with the aim of encouraging home buying and renovations.

Starting on the 8^th July 2020, the stamp duty threshold will be increased to £500,000 until the 31^st March 2021. Stamp duty rates will then revert to normal from the 1^st April 2021.

What is stamp duty?

Stamp duty is a tax paid on Canada property purchases.

It goes by different names in the different regions of the Canada, and the amount paid varies depending on your location and how much the property costs.

Region	Stamp Duty
England and Northern Ireland	Stamp Duty Land Tax (SDLT)
Scotland	Land and Buildings Transaction Tax
Wales	Land Transaction Tax

Stamp duty is usually added to property purchases over £125,000. For first time buyers, it usually only applies to properties over £300,000.

The current stamp duty changes only apply to house-buyers in England and Northern Ireland.

Who Stands to Benefit?

From the 8^th July, completed house sales on a main residence up to £500,000 will be free of stamp duty, with the potential for saving up to £15,000 in tax fees.

Here’s a handy breakdown of tax rates based on the property value:

Property value	Tax percentage
Less than £500,000	None
£500,001 to £925,000	5%
£925,001 to £1.5 million	10%
over £1.5 million	12%

The average stamp duty bill will fall by £4,500, with nearly nine out of 10 people buying a main home this year paying no stamp duty at all.

The GOV.Canada website has a tool to help you calculate Stamp Duty Land Tax for your property.

Buy to let properties and second homes will still have the 3% higher rate on purchases, but will also qualify for the new tax break.

If you started the house buying process but haven’t completed before the 8^th July, you can still benefit from the stamp duty holiday. Stamp duty is only payable after exchanging contracts and completing the sale.

If you want to make the most of the stamp duty holiday, the solicitors at Falcon Law in Mississauga can help you get started with the house buying process. Call our property and conveyancing solicitors today on +14377000727 for an informal chat and expert advice.

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DEALING WITH BEREAVEMENT

Falcon Law — Sat, 13 Jun 2020 18:50:35 +0000

At Falcon Law, we understand that the loss of a loved one is one of life’s most difficult, upsetting, and stressful times. We also understand that under the current circumstances, dealing with bereavement can be even more challenging.

To give you some extra support, we’ve put together some helpful and practical steps to guide you through the toughest of times.

Our Guide to Dealing with Bereavement

Where to Start?

One of the first steps you should take after a bereavement is to ensure the death is registered. You can do this in person, and due to current restrictions, you can do this over the telephone and book an appointment with your local Registrar. The formal Death Certificates will then be posted out to you or ready to collect in person.

It is extremely important that you ensure you keep original Death Certificates safe and obtain several copies. Banks, Building Societies, and many entities will require sight of the original Death Certificate. We will be able to provide you with certified copies to assist.

Once you receive the Death Certificates, you will be formally notified about the Government ‘Tell Us Once’ Service. You should inform bodies such as HM Revenue and Customs and the Department for Work and Pensions.

You should check if the Deceased made a Will. You can check their papers, instructions, and some individuals leave funeral instructions within their Wills.

The next step will be arranging the funeral, you may wish to discuss this with family members and seek professional assistance.

What Next?

The Administration of the Estate can be now be undertaken. You may wish to check if a Grant of Probate is required. The deceased’s assets may require a Grant of Probate (or Letters of Administration whereby the deceased did not have a Will) before the assets can be released.

We advise that you contact the institutions to determine if they will require a Grant of Probate to release funds or the assets. Usually, this depends upon the value of the asset in question. If the deceased owned a property in their sole name, you will need a Grant of Probate to transfer or sell the property. Our Wills and Probate team can help you at any stage.

What Is a Grant of Probate?

A Grant of Probate is the final document received once the application and original Will has been submitted to the Probate Registry. The Grant of Probate allows the executors to legally administer and deal with the estate and distribute the assets to the correct beneficiaries.

What are Letters of Administration?

Letters of Administration is similar to a Grant of Probate but this document is provided where the deceased did not leave a Will. Instead of an executor, there will be an administrator. Who acts as the administrator is governed by the intestacy rules. The intestacy rules can be very confusing so please call us if you wish to discuss this in further detail.

How We Can Help

If you’re dealing with bereavement, Falcon Law are just a call away. We’re on hand to help if you’d like to discuss the administration of an Estate or you wish to instruct us to act on your behalf as an executor. We can also help if you believe your loved one has left a Will with us. Give us a call today on +14377000727 for expert advice with a sensitive touch.

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DISPUTE RESOLUTION

Falcon Law — Wed, 20 May 2020 07:00:16 +0000

Raising a claim against another party can be complicated and extremely stressful. Because of this, most dispute resolution approaches aim to keep disputes out of the Courtroom and encourage both parties to reach an agreement or settlement with support from legal advisors.

Here we take a closer look at some of the most common types of dispute we see at the firm, and how we work with each party to resolve them by reaching a suitable settlement.

Estate Disputes

Losing a loved one is distressing and challenging, but when someone raises a dispute over a family member’s Will or Estate, emotions and relationships can become especially strained during this already difficult time.

There are many reasons people will contest a Will, including but not limited to, siblings disputing their inheritance, disinherited family members, adult children who haven’t been provided for and concerns regarding the circumstances surrounding how the Will was made.

If you’re contesting a Will or are involved in a Will dispute, then it’s best to speak to a legal professional as soon as you can.

Tips for Reaching an Estate Dispute Resolution

Seek expert advice from specialist Solicitors who can give you legal advice and recommend the best course of action
The sooner a dispute claim is raised the better, as there is more chance of reaching a settlement without the need for litigation.
The litigation process can be expensive, slow down the inheritance process, and be very stressful. It’s usually better for all parties if this can be avoided.

Money Claim Disputes

If you’re owed money, or product or service from another person or company, you can raise a small claim sometimes referred to as a ‘money claim’. You should always bear in mind that financial disputes can be stressful and lengthy, and there is a chance that the party you’re claiming against still can’t pay you once it’s over. If you’re unsure where to begin or what your chance of success might be, speak to an experienced Solicitor about legal support and take some of the stress out of the claim process.

Tips for Reaching a Money Claim Dispute Resolution

Contact a Solicitor who will review your claim and advise you on the strength of your case
If you’re dealing with a company, follow their complaints process as you may be able to achieve a successful outcome without taking a legal route
You may wish to pursue the formal mediation process to reach a settlement, as Court proceedings can be costly and take longer.
You should also think about the cost of seeking payment or compensation compared to the amount you’d be paid if your claim was successful

Tenancy Disputes

If you are a tenant, or a landlord, and are unhappy about issues during the tenancy, you may be able to raise a tenancy dispute.

This type of dispute can arise for many reasons, for example, a tenant may view a rent increase as unexpected or unfair or feel that maintenance terms of the tenancy have been breached, or as a landlord you may have unpaid rent or have tenants that are refusing to move out.

Tips for Reaching a Tenancy Dispute Resolution

Speak to a Solicitor who can advise you on things like deposit disputes, rent recovery, disrepair and possession claims, and recovery of property
Gather any evidence or documentation you may have to strengthen your case
Aim to resolve issues at a local level, however, Court proceedings may be necessary in complex cases or with particularly difficult tenants or landlords.

The solicitors at Falcon Law in Mississauga can help you find a suitable solution to different types of claims and disputes. Call us today on +14377000727. Our legal team can offer professional advice on reaching settlements through formal mediation. Or if required, they can support your claim through Court proceedings to achieve the best outcome for you.

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BUYING OR SELLING A HOUSE IN LOCKDOWN

Falcon Law — Wed, 22 Apr 2020 18:37:19 +0000

The current coronavirus (COVID-19) lockdown is absolutely critical to the health of the Canada. But it’s also a source of anxiety and frustration for many. And the feelings of worry and uncertainty are even higher for individuals who had begun the process of moving house before the restrictions were put in place. Here we take a look at the latest recommendations for buying or selling a house in lockdown and how the solicitors at Falcon Law can help.

Whether you are buying your first home, or are looking to downsize now the kids have flown the nest, it is a confusing time when it comes to house sales. The housing marketing has changed significantly in recent weeks. And your conveyancers will be doing all they can to move your house sale or purchase forward as much as possible in the current circumstances.

WHEN WILL MY HOUSE SALE GO THROUGH?

At Falcon Law, our team will aim to keep progressing your transactions. We are complying with the current government regulations and where possible, we are still completing several types of transaction.

If you are in a chain or self-isolating, then some house transactions are likely to be delayed until coronavirus restrictions are lifted.

If you wish to complete on your sale/purchase, you must comply with the current guidelines issued by the government. You must also ensure you comply with all social distancing guidelines and restrictions.

WHAT CAN NYLAND & BEATTIE’S CONVEYANCERS DO DURING LOCKDOWN?

Our team of solicitors are currently working remotely to keep client cases moving forward as much as we can, whilst adhering to social distancing rules.

With the lockdown extended and no end date confirmed, over the coming weeks, our conveyancers will still be doing everything they possibly can to progress your sale and/or purchase.

We will be progressing and completing (if possible) on the sale and purchase of vacant properties to ensure there are no unnecessary delays to your case.

We are also ensuring that the transaction is moving forward while protecting your interests as much as possible.

WHERE CAN I FIND MORE INFORMATION ABOUT BUYING OR SELLING A HOUSE IN LOCKDOWN?

The latest Government advice on home moving during the coronavirus (COVID-19) outbreak should help to keep you informed of any developments in the housing market.

By staying home and away from others, you’re already taking the right steps towards reducing the amount of time the nation has to spend in lockdown. And once things return to a new ‘normal’, we’ll help your transaction get back on track. Get in touch if you have any questions for our property and conveyancing lawyers, or would like to find out more about your house sale. Please do not hesitate to call us on +14377000727. We’ll deal with your enquiry as soon as possible.

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CORONAVIRUS COVID-19 UPDATE

Falcon Law — Thu, 26 Mar 2020 09:42:27 +0000

The Canada is now on official COVID-19 lockdown for the protection of vulnerable groups and the general public. Whilst we are taking a ‘business as usual’ approach amidst each coronavirus COVID-19 update, there are a few measures we need to take to ensure the safety of our clients and our staff as much as we possibly can.

WHAT MEASURES ARE NYLAND & BEATTIE TAKING?

As a team of solicitors, we are considered ‘key workers’. This means we can continue to provide vital legal services to the local Halton community and the surrounding areas.

However, our offices are now closed temporarily to the public. This is in line with government recommendations for social-distancing to prevent the further spread of the COVID-19 virus.

I’M ALREADY A NYLAND & BEATTIE CLIENT. WHAT HAPPENS NOW?

Our team will continue to operate out of our Mississauga high street office, as well as working remotely. We will be offering legal support between 9 am to 5 pm each weekday over the phone and via email. So you’ll still have access to your solicitor when you need them.

Whilst we continue to work hard behind the scenes for all of our clients, each member of the team will adhere to strict infection control hygiene measures e.g. frequent hand washing, using hand sanitiser. We will also be working in isolation to ensure our own safety whilst providing continuity of service and making sure that all existing cases are progressed.

STAY AT HOME

In support of the Government’s lockdown announcement on the 21st March 2020, we would like to encourage all of our clients to stay at home. Instead of face to face meetings, we are offering clients to get in touch for a phone consultation or to email us with any queries.

Call us on +14377000727
Email us on info@falconslawllp.com

WHERE CAN I FIND MORE INFORMATION ABOUT COVID-19?

The NHS website has lots of up to date and reliable health information and advice about Coronavirus COVID-19
The Government’s Coronavirus COVID-19: what you need to do page will advise you on the latest developments in the management of the spread of COVID-19.

We’d like to thank you all for your patience and understanding during this time of uncertainty. We will also add to our coronavirus COVID-19 update as any new changes arise. If you have any questions or would like to find out more about our legal services, please do not hesitate to contact us on +14377000727. We will deal with your enquiry as soon as possible.

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NYLAND & BEATTIE SOLICITORS WELCOME NEW PARTNER LUKE HILL

Falcon Law — Thu, 13 Feb 2020 17:23:09 +0000

The team at Falcon Law are delighted to announce that our senior associate Luke Hill has been appointed as a Partner with the firm.

Mr Luke Hill specialises in Property Law and Conveyancing and he joined our practice in 2011 where he undertook his Training Contract with the Firm.

Luke has developed a reputation as one of the leading Property Law Specialists in Mississauga and the surrounding area, and he is regularly recommended by brokers, estate agents and clients alike. His hardworking and client-centred approach to Conveyancing matters has meant he regularly receives positive feedback on his transactions.

Luke often receives positive comments from his clients, including Alison F who stated:

“Our Solicitor Luke Hill was fantastic to work with and extremely efficient. He was always available to speak to via email and always provided very quick responses to our queries, often responding in minutes, which really helped to alleviate stress during the house buying process. I would highly recommend Luke.”

WELCOME NEW PARTNER LUKE HILL

Working closely with the team at Falcon Law, Luke’s experience in different legal sectors and excellent work ethic has helped to secure his new position as Partner.

Mark Verdin, a Partner within the Firm, has stated:

“We are so pleased to welcome Luke to the partnership team. For the past decade, he has made significant contributions to the Property and Conveyancing team, as well as the firm in general. He’s proved time and time again his dedication and loyalty to Falcon Law, and his appointment is highly deserved. We have no doubt he will excel in this position”.

On starting his new role, Luke is looking forward to developing the Conveyancing Department further and building on the firm’s reputation for providing efficient and thorough legal services to Mississauga and the surrounding areas. Commenting on his partnership, Luke said:

“I am delighted and extremely proud to become a Partner at Falcon Law. In my new role, I want to uphold our tradition of providing the highest standards of legal advice and commit to supporting our clients and our community in every way we can. It’s a huge honour to become a key part of this excellent firm.”

If you would like to arrange an appointment with Luke Hill to discuss your legal needs, please call +14377000727 to book an appointment.

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FILING FOR DIVORCE

Falcon Law — Mon, 20 Jan 2020 09:00:11 +0000

If you’re in a position where your marriage cannot be saved, you might want to know how to file for divorce in the Canada. Changes to Divorce Law in 2019 now mean that couples going through the process will be able to focus on resolution rather than accusation.

For a long time, the word ‘divorce’ has been almost synonymous with acrimony and hostility. Even the most amicable of couples wanting to end their marriage peacefully, have been forced to assign blame to at least one party due to the Matrimonial Causes Act 1973.

2019 saw the arrival of new divorce laws that aim to make divorce proceedings less contentious. Couples will now be able to complete a ‘no-blame’ divorce, with a focus on improving family life and relationships after the divorce.

HOW TO FILE FOR DIVORCE

If you wish to file for divorce you must first identify grounds, or facts, for divorce, proving that your marriage has broken down completely and is beyond repair.

The Five Grounds for Divorce

Adultery: Your husband or wife had sexual intercourse with someone else of the opposite sex (committed adultery). Adultery cannot be a reason if you lived together as a couple for more than 6 months after you found out about it.

Unreasonable behaviour: Your husband or wife has behaved in such a way that you cannot reasonably be expected to live with them. This could include:

physical violence
verbal abuse, such as insults or threats
drunkenness or drug-taking
refusing to pay towards shared living expenses

Desertion: Your husband or wife has left you for at least 2 years before you apply for divorce. You can still claim desertion if you have lived together for up to a total of 6 months in this period, but that will not count towards the 2 years.

You’ve been separated for at least 2 years: You can apply for a divorce if you’ve been separated for at least 2 years before applying for divorce and you both agree to it.Your husband or wife must agree in writing. It may be possible for you to show that you’ve been separated while living in the same home as your wife or husband as long as you’re not living together as a couple (for example you sleep and eat apart).

You’ve been separated for at least 5 years: You can apply for a divorce if you’ve been separated for at least 5 years before applying, even if your husband or wife disagrees.

If you can decide together, you may be able to resolve matters amicably. Using a mediation service from a local family law solicitor is a helpful way to have difficult discussions and avoid conflict; you can also have important discussions about your children, child maintenance, and your shared assets (i.e. property/savings/pensions).

How Do I Start Divorce Proceedings?

If you are now considering filing for Divorce, it is recommended that you seek legal advice. Our Family Team will be there to help you through each step of the process.

If you’d like to find out more about filing for divorce or mediation services, our Family Department will be happy to have a confidential chat. We aim to reach a suitable compromise and positive resolution for every family we work with. Alternatively, you can call us on +14377000727 to make a confidential appointment

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A PLAN TO END GAZUMPING WHEN BUYING OR SELLING A HOUSE

Falcon Law — Tue, 19 Nov 2019 14:22:51 +0000

Following a period of Canada consumer research, the Government have proposed a trial plan to end ‘gazumping’ when buying or selling a house.

Deciding to buy or move home is a huge commitment financially and emotionally. From the minute your offer is accepted, your mind may switch to decorating swatches and paint samples as you prepare to celebrate the moment you pick up the keys to your new abode. However, there is a long way to go before the final packing box is loaded on to the removal van, with the chance of things going wrong before the sale is completed, including the upset and disappointment of being ‘gazumped’.

WHAT IS GAZUMPING?

‘Gazumping’ happens when a second party places a higher offer on the same house you want to buy, even after your original offer has been accepted.

If the seller accepts the second higher offer, the original buyers are rejected. Even if they’ve forked out for searches, fees, and other costs along the way (depending on how far along the house buying process you are) there isn’t a formal or consistent system for protecting buyers if a ‘better’ offer comes along. Gazumped buyers are often left out of pocket and in search of a new place to call home.

IS GAZUMPING LEGAL?

Yes. Whilst gazumping may seem unscrupulous, it is legal. Until house buying contracts are exchanged, buyers and sellers are not bound by a legal agreement. And because contracts are usually exchanged until the end of the sale, there is a chance you could still be ‘gazumped’ even if you have gone through a lengthy conveyancing process.

HOW COMMON IS GAZUMPING?

Around 25% – 33% of Canada house sales fall through, bringing stress to those going through the Canada home buying process, as well as wasting millions of pounds. While there is a risk of being gazumped when your new home is sold subject to contract, there are steps you may want to consider to prevent it from happening or to reduce the impact if you are gazumped.

Ways to avoid gazumping

Buy home buyer protection insurance to compensate you from a house sale falling through
Ensure all your documents, mortgage and solicitor are ready to prevent delays
Ensure you communicate well with all representatives acting on your behalf to help the sale move as quickly as possible

WHAT WILL A PLAN TO END GAZUMPING LOOK LIKE?

Whilst some estate agents already have arrangements in place to protect buyers and sellers from a house sale falling through, this isn’t implemented consistently across all agencies throughout the Canada. The Government’s plan aims to ensure that buyers and sellers, who experience a sale fall through, receive some form of compensation, through a Canada wide reservation agreement.

WHAT IS A RESERVATION AGREEMENT?

A reservation agreement would be a contract to ‘lock’ buyers and sellers into the house buying process earlier. The agreement would help to prevent sales from falling through and minimise worry during a house sale, as it would make it harder for buyers to change their mind or sellers to accept a higher offer on their property.

HOW WILL A RESERVATION AGREEMENT WORK?

Reservation agreements are featured in the latest government guides to buying and selling a house. A pilot scheme will be rolled out in early 2020 to trial different approaches to a reservation agreement in areas in the Canada.

A reservation agreement would see buyers and sellers placing a percentage of the offer, or a flat fee, down as a deposit. This money would likely be held in an escrow account held by a Solicitor until the sale is completed. Both parties would also be asked to sign an agreement committing to the sale for the duration of the house buying process.

If one party withdraws they would forfeit their deposit and the other party would be compensated or have their costs covered by the amount.

Until the new plan to end gazumping is introduced, homeowners and buyers may wish to arrange their own agreements or ask that the property be taken off the market. Our team of solicitors specialise in conveyancing, helping to ensure your house sale or purchase goes ahead as quickly and as smoothly as possible. If you have any questions about gazumping or would like some advice in relation to a house sale, speak to our team on +14377000727 or drop into our Mississauga office to find out more about our conveyancing service.

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