News

Probate – what is it, and do you need a solicitor?

21st May 2020

The word probate’ is often used to mean the whole process of administering the estate of a person who has died. In fact, ‘probate’ just refers to the process of proving a Will (which ends with obtaining a Grant of Probate).

That is why Gilbert Stephens prefer to refer to “Estate Administration”, which covers the whole process and includes dealing with the estates of those who have died without a valid Will.

Private Client solicitor at our Exeter office, Alyson Coulson, talks us through the whole process and where you may need a solicitor. Read more…

Surge in domestic abuse during UK lockdown calls for urgent action

15th May 2020

As the lockdown came into full force on Monday 23rd March 2020, the UK has witnessed a dramatic spike in domestic abuse incidents, with calls to domestic abuse helplines rising by 25%.

Approximately 2.4 million victims of domestic abuse are recorded each year. In light of the current circumstances, there is an undeniable urgency for action more so now than ever.

Jessica Burgess, Chartered Legal Executive at Gilbert Stephens, updates us on the measures the Government has taken to tackle the increase in domestic abuse cases. Read more…

The “Butterfly Effect”

14th May 2020

Since the coronavirus lockdown came into force seven weeks ago, questions have continued to mount over its damaging effects to the property market. Martin Pratley, Head of our Conveyancing Department, shares his predictions for the uncertain months ahead.

The question which most people are asking right now is “what is going to happen to the property market?”

My answer to this is below but, firstly, let me explain how I arrived at it. Read more…

VE Day 2020 – We Never Close

8th May 2020

Today, Gilbert Stephens Solicitors are proud to be commemorating the 75th Anniversary of Victory in Europe. On 8th May 1945, Winston Churchill announced that Britain and its Allies had formally accepted Germany’s surrender. At this moment, celebrations, street parties and mass gatherings broke out across the UK.

75 years on, whilst we are unable to celebrate in quite the same way as we did in 1945, Gilbert Stephens is delighted to be participating in the nationwide ‘stay at home’ party. Read more…

Welcome Alyson Coulson, new Solicitor at our Exeter office!

24th April 2020

Gilbert Stephens Solicitors are delighted to introduce our newest team member and Solicitor at our Exeter office, Alyson Coulson.

Alyson joined Gilbert Stephens in February 2020 and deals with a wide variety of Private Client work to include Wills, Powers of Attorney, Inheritance Tax Planning, Court of Protection matters and trusts. With a particular interest and expertise in working with families affected by learning disabilities, she is able to ensure that proper Wills, trusts and Powers of Attorney are put in place for the whole family. She is also a Dementia Friend.

We asked Alyson a few questions to get to know about her typical working day and what she finds the most challenging working in law. Read more…

COVID-19: Latest update on furlough scheme

23rd April 2020

When the Coronavirus Job Retention Scheme (CJRS) was introduced on Friday 20th March 2020, the new legislation left many questions unanswered. Many people were eager to know who would be eligible, how long the Scheme would stay open for, when would employers be able to claim their staff’s wages, and so on.

Helen Clegg, Solicitor at our Exeter office, talks us through some of the latest updates for employers and employees utilising the Scheme.

What is the Scheme?

Many will now be aware of the Scheme’s aim to reduce unemployment by providing a grant to employers of up to 80% of their employee’s wage. This grant will be capped at £2,500 per month, per employee, and is inclusive of employers’ national insurance and pension contributions. During this time, furloughed employees must not undertake any work for the company. This includes checking or responding to any emails. You can claim your employee’s wages through a new HMRC portal.

When will the portal be available?

The portal launched on Monday 20th April 2020. After making an application, employers should receive the money within six working days. You can start your application through the portal here.

Who is eligible for the Scheme?

The Government have now clarified that apprentices, public sector organisations, administrators, individuals and those on fixed term contracts will be able to claim for the grant. This is provided they have a UK bank account, have enrolled for PAYE online and have created or started a PAYE payroll scheme on or before 19th March 2020.

I am a Company Director; can I furlough myself?

Yes, as an office holder you are eligible to be furloughed through this Scheme. Whilst you will have to carry out basic administrative duties for the company during this time, you must not carry out any work which will be profitable for the business.

How long will the Scheme be open for?

On Friday 17th April 2020, the Government announced the Scheme’s extension until the end of June. This date could be extended further if necessary.

I made some employees redundant before I knew about the Scheme, what can I do?

For any employees who have been made redundant or have been put on unpaid leave on or after 28th February 2020, you can re-employ them and put them on furlough instead.

As an employee, can I work elsewhere whilst I am furloughed?

Yes, but only if your employment contract allows you to do so.

I have multiple jobs; if I am furloughed will the cap be applied to my total monthly income?

No, the cap is applied to each employer individually. It is also worth mentioning that if you are furloughed in one of your jobs, you may continue to work for another employer and receive your usual pay.

What happens if I refuse to be furloughed?

If you refuse to be furloughed, you may be at risk of your contract being terminated or being made redundant. If this happens, you will still be protected by the usual redundancy rules and protections.

Can I take holiday pay whilst on furlough?

Yes, you can take holiday pay during this time. Your employer must then pay you your usual holiday pay. You can also agree with your employer to be paid any holiday entitlement as part of the furlough agreement.

The policy on holiday pay under furlough is still under review and further updates can be expected.

I’m on maternity leave during this time, how does this affect me?

If you are on maternity, paternity, adoption or shared parental pay, your employer can claim for enhanced contractual pay for you during this time. The amount you will receive will be dependent on your earnings.

For more detailed, practical advice on the CJRS and other funding you may be eligible for, get in touch with our employment law team on or call 01392 424242

Welcome Amanda Farley, new Solicitor at our Sidmouth office

16th April 2020

Today, Gilbert Stephens Solicitors would like to tell you about Amanda Farley, new Solicitor at our Sidmouth office.

Amanda is a solicitor at our Sidmouth office and deals with a broad spectrum of Private Client work, such as Wills, Inheritance Tax Planning, Lasting Powers of Attorney, Deputyship Applications, Court of Protection work, Elderly Client and trusts. In her role, Amanda enjoys supporting clients through difficult times and being able to communicate her knowledge to clients. Read more…

COVID-19: Advice for landlords and tenants

8th April 2020

At Gilbert Stephens Solicitors, we understand the ongoing pandemic can generate a number of concerns for both landlord and tenants. We believe it is important for anyone in the private rented sector to be aware of the Coronavirus Act 2020 which the Government brought into force on Thursday 26th March 2020.

The Coronavirus Act 2020 brings about many temporary changes to possession proceedings, rent and mortgage repayments, property repairs and House in Multiple Occupation (HMO) tenancy agreements. These changes will help provide both landlords and tenants with additional security during the turbulent and unpredictable months ahead. Read more…

Ministry of Justice announces delay to whiplash reform programme

6th April 2020

The Ministry of Justice Secretary, Robert Buckland, has recently announced that the Road Traffic Accident (RTA) portal for whiplash claims has been postponed. Whilst the insurance industry has committed millions of pounds to ensuring that the new online service is implemented today, Monday 6th April, the Ministry of Justice has recently taken some accountability for delaying its release until Saturday 1st August. Read more…

Gilbert Stephens Solicitors join forces with Certainty

3rd April 2020

At Gilbert Stephens Solicitors we understand the worry and upset that can be caused if a Will cannot be found at a time when it is most needed. To help overcome this we have joined with Certainty, which is a national Wills register recommended and endorsed by leading legal professional bodies, charities and other organisations. Certainty makes sure that if your Will is lost, misplaced or forgotten over the passage of time, the location of it can easily be identified. Read more…