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05 April 2020
Issue: 7882 / Categories: Legal News , Profession , Commercial , Covid-19
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COVID-19: Rules modified for equity release

The Equity Release Council modified its advice on safeguards for customers this week, in light of ongoing restrictions on social distancing
The Council’s Standards Board said legal advice can be provided remotely without a physical face-to-face meeting, but solicitors must follow a set approach, combining written advice with documented video or telephone calls, which increase the total number of interactions between customers and legal advisers.

The council said the revised approach would enable legal advisers to ensure the client’s identity is established and the client has mental capacity, is not under duress or coercion, and where more than one party is involved, both agree to enter into the equity release contract.

It said the mandatory physical witnessing of a client’s signature on the mortgage deed can be carried out by an independent adult witness of the client’s choosing, who will also be subject to identity checks and due diligence.

David Burrowes, chairman of the council, said: ‘The new measures have been designed with input from expert solicitors who provide legal advice on equity release transaction across the UK.

‘It is designed to support large and small solicitors to advise safely on equity release at this time. This unique and temporary solution is the result of collaboration and sharing of legal expertise among Council members in challenging circumstances, to ensure consumers’ interests remain protected. The Council will keep this modification under close review until it ceases, when the Government ends its “stay at home” requirement.’

Issue: 7882 / Categories: Legal News , Profession , Commercial , Covid-19
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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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