Frequently asked questions

We open at 9:00am and close at 5:00pm, Monday to Friday, and do not open at weekends. The latest appointment is normally at 4.30pm, but later appointments may be possible if booked in advance. We are flexible and can often meet at other mutually convenient locations.

Our team are available during office hours along with our support staff, who will be able to assist with your general enquiries. One of our lawyers should be available to advise you as soon as possible, subject to police station emergencies and court appearances.

An inexperienced person or one that is not competent, whilst they may charge less per hour, may take longer to take your instructions, draft a document or send unnecessary letters and so will cost you more in the end. We do not believe in sending letters just for the sake of it to increase your costs.

We offer a free ½ hour consultation meeting at all of our offices.

As soon as possible! If you are selling you should instruct us prior to putting the property on the market and if buying, instruct us before you make an offer as the Estate Agents will want your solicitor’s details when your offer is accepted.

These are third party fees and have nothing to do with the quote itself. Whichever firm you instruct these charges should be the same.

For conveyacing they include Land Registry fees, local search fees and banking fees. Local search fees, payable when you purchase property vary depending on the local authority’s price structure.

Stamp duty Land tax bands for the 2011-2012 tax year.

Residential Property

• £0 - £125,000 0%
• £125,001 - £250,000 1%
• £250,001 - £500,000 3%
• £500,001 - £1,000,000 4%
• Over £1,000,000 5%

Non Residential

• £0 - £150,000 0%
• £150,001 - £250,000 1%
• £250,001 - £500,000 3%
• Over £500,000 4%

For first time buyers there in no stamp duty payable up to £250,000. This tax holiday will continue until 25th March 2012 and is being reviewed in Autumn 2011.

From mid July 2011 onwards bulk purchases of residential property will only be subject to Stamp Duty Land Tax at the average value of each property rather than the total value of all the properties being purchased in bulk.

It depends upon the type of claim you are making but generally for car accidents, slips/trips and work accidents it is within 3 years from the date you suffered injury. In some instances this 3 year period is deemed to start from the date you knew, or ought to have known, that you were injured.

No there are certain grounds for a divorce and you have to have been married for one year.

You will only be granted a divorce if you can demonstrate to the Court that your marriage has suffered an "irretrievable breakdown". Meaning, you must show that your marriage is beyond repair because of any one of the following:

• your husband or wife has committed adultery;
• your husband or wife's behaviour is such that you cannot reasonably be expected to live with them;
• your husband or wife left you at least two years ago without good reason and refuses to return;
• you have been separated from your husband or wife for two years and they agree to the divorce; or
• you have been separated from your husband or wife for five years or more.

We will be able to give you more details of each of these sets of circumstances. If a divorce is against your religion we can give you advice about other forms of separation.

The legal formality of getting a divorce is relatively straightforward. What is generally much less straightforward is sorting out the practical issues associated with a divorce, such as where each person will live, who gets what and arrangements for any children. Before agreeing matters with your husband or wife we will talk to you about your rights and the options available to you.

The person applying for the divorce is known as "the Petitioner", and the person they are divorcing is "the Respondent". If you are applying for the divorce Walkers will usually start the process by writing a letter to your husband or wife to tell them that you are planning to start the divorce process. It is also usual to let them have details of the evidence you are going to ask the Court to consider in the divorce papers. This initial letter will also recommend that your husband or wife gets independent legal advice if they have not done so already.

If you do not have a Will you have no say over what happens to your assets when you die. This can cause difficulties for those you care about most. Therefore, everyone should have a Will. This is particularly important if you own property, are married or have entered a civil partnership, have a long-term partner, have children or other dependants, or if you wish to benefit someone who is not a close family member. Making a Will enables you to decide and specify how your assets will be dealt with after your death, giving peace of mind to you and those close to you. If you do not have a Will the law will assume who you wish to benefit and by how much according to fixed rules. Those rules are intended to be fair, but more often than not would not reflect your wishes.

You can write your own Will but it is a good idea to take professional advice. Your Will is important and professional advice will ensure that your Will complies with legal requirements, that your instructions are clear and will be followed after your death, and that you have taken advantage of any tax reliefs available to you. If there are errors or omissions in your Will then the consequences are serious. The Will may not be valid at all, or it may be valid but lead to a different result than you intended, or if the irregularities can be put right this may involve substantial costs.

When a person dies somebody has to deal with their estate (money, property and possessions left) by collecting in all the money, paying any debts and distributing what is left to those people entitled to it. Probate is the Court’s authority, given to a person or persons, to validate their entitlement to administer a deceased person’s estate. The document issued by the Probate Service is called a Grant of Probate (or, if there is no Will, a Grant of Representation). Unless the overall value of the property is very small (usually less than £15,000) you will have to show the Grant of Probate / Representation to banks, building societies, insurance companies and other financial institutions. This is so they can be sure you are the person entitled to deal with the deceased's assets and affairs.

The process can take time, depending on the assets involved, but typically you should be able to apply for a Grant of Probate within three months of the date of death. The application will be processed by the District Probate Registry and typically you can expect the Probate Registry to issue the Grant within two to four weeks of the date of the application.

It is difficult to be precise because it depends on the content of the Will, the type of assets comprised in the estate, the amount of time taken and correspondence generated, and whether there are any complicating factors. We will give you an estimate of the likely overall cost at the start of the process, and will tell you if the process becomes more complicated than was first anticipated.

If you are arrested you will be cautioned: "You do not have to say anything. But it may harm your defence if you do not mention, when questioned, something which you later rely on in court. Anything you do say may be given in evidence."

We recommend that it might be in your best interests not to comment at all until our legal advice is given. Whether you are arrested or attend a police station voluntarily, you have the right to:

• know why you have been arrested or the nature of the allegation;
• consult the independent firm of Walkers Solicitors. Our lawyers' details are on the National (DSCC) Database, which can be accessed by all police stations and other agencies.
• have someone told where you are, subject to certain exceptions;
• have an experienced Walker’s representative advise and assist;
• assist you if you have reading problems;
• read a copy of the Codes of Practice;
• have an appropriate adult present in interview (in addition to a solicitor) if you are under-17 or mentally fragile;
• see a written note of these rights and those governing how you should be treated;
• Walkers might request a specialist interpreter if there are language difficulties.

Generally, our advice is that you should not discuss your case or sign any notes until you have received our informed advice.

If the decision is made to interview you our representative plays a key role. The investigating officer will give us a briefing which we can use to advise you in private prior to interview. We will also advise on your continuing rights, explain the law and procedures and discuss your options. Our lawyers may also make representations on your behalf, such as the need for a medical examination, an appropriate adult or photographs of any injuries. You will then be interviewed under caution. The interview itself is always recorded, normally on tape. Our representative should be present throughout the interview to ensure that everything is done fairly and within the rules. We may clarify and object to the officer's questions if necessary. It is also your right to stop the interview at any stage to seek further legal advice from our representative.

If you are charged you will be given a Charge Sheet, which contains details of the offence. It will specify when and where you are due to appear in court and any conditions on your bail. The first step may be to complete and lodge an application for Legal Aid. If Legal Aid is granted one of our representatives will be able to both prepare your case and representation in court with the backing of public funds and often entirely free. You may prefer to instruct us privately. Your first hearing will always be in a Magistrates Court (or a Youth Court for under-18's). The majority of minor offences are summary only. If such matters proceed to trial they are heard in front of three magistrates or a single lawyer judge called a District Judge.

All cases are different and will present different issues for the Court to consider and decide upon. A fully contested case at Court with many people involved will be expensive because of the time involved to prepare and fully argue and present your case. We are conscious of the expense to our clients and do our very best to give accurate estimates of the likely costs. However, these are estimates and not quotes or fixed fees so we like to keep costs under review so that you can keep track of the expenditure. We charge an hourly rate and submit regular bills so that you are not faced with a large bill at the end of the case. We do ask for payment to be made as and when bills are delivered. Sometimes, however, some initial advice is all that is required and this can limit the expense to you and your family. We promise to be honest with you about the likely costs and involve you every step of the way so that the expense doesn’t get out of control.

You may be eligible for legal aid if you are on a low income or are in receipt of certain state benefits. Even if you are working and have savings you may still be eligible.

If you need legal advice and representation for a criminal matter, divorce or other family matter you may be entitled to Legal Aid (public funding).

Legal Aid is where the government pays your legal costs if you are unable to afford them. Depending on your circumstances you may have to pay a contribution or pay some or all of the money back if you benefit from a financial settlement, for example in a divorce settlement. This is known as "the Statutory Charge".

Only certain firms of solicitors appointed by the Legal Services Commission can offer Legal Aid for family matters. Walkers are able to offer Legal Aid.

Contact us and we will tell you if you can claim Legal Aid.