Articles by: Hannah Morris
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Author: Hannah Morris

Godwins’ Annabel Evans advises Winchester Cathedral on property aspects of merger

23 April 2025

 

 

The Governing Bodies of Winchester College and The Pilgrims’ School and the Chapter of Winchester Cathedral have today, announced the merger of The Pilgrims’ School with Winchester College

You can read the full release here. 

“We are proud to advise longstanding client Winchester Cathedral on the property aspects of the merger of The Pilgrims’ School and Winchester College.”  Partner and Member, Annabel Evans, leading the Godwins’ team.

Godwins announces leadership transition and strategic evolution

1 April 2025

 

 

We are delighted to announce a significant leadership transition and strategic shift as we continue to deliver tailored legal expertise to business and private clients in Hampshire, Dorset and the Isle of Wight.

After 15 years as a Member and Head of the Residential Property department — and an impressive 44 years in the legal industry — Rupert Morton-Curtis will retire on 31st March 2026. Rupert’s extensive contribution has been instrumental in establishing Godwins as a trusted authority in residential property law and his expertise will be greatly missed by both colleagues, clients and industry professionals.

Next year, Rupert will hand over the reins to Kerry Dovey, who joined Godwins in Autumn 2024 and brings extensive experience in rural and agricultural property. With over 22 years in regional heavy-weight law firms, Kerry will be promoted to Member upon Rupert’s retirement and will lead the Rural and Residential Property Department. Over the next 12 months, Rupert and Kerry will be working together on the transition. You can watch their short video announcing the transition here. 

This transition is part of our long-term succession planning — ensuring that the firm continues to deliver high-quality legal services for generations to come. Just as we are carefully managing our own succession, the firm is well-placed to advise business and private clients on all areas of succession planning — from business continuity and estate management to wealth preservation and inheritance structuring.

The changes reflect a broader evolution for Godwins, as we have moved away from litigation and family law in recent years to focus exclusively on our core strengths:

  • Private Client – providing expert advice on wills, probate and tax planning including succession planning for individuals and families.
  • Commercial Property – supporting businesses with property transactions, leasing and development.
  • Rural and Residential Property – advising individuals, estates, and businesses on complex property matters, with a growing focus on rural and agricultural property.

We are also launching a new Agricultural, Farms and Estates Sector group. This specialist group will draw on expertise from all three departments, offering a comprehensive legal service to rural and agricultural clients in Hampshire, Dorset, the Isle of Wight and beyond.

“Rupert’s leadership and expertise have shaped the success of our residential property practice, and we are incredibly grateful for his dedication over the years,” said member, Andrew Neal. “Kerry’s promotion marks an exciting new chapter for Godwins as we build on our strength in rural and residential property and enhance our offering to the agricultural sector. This transition is a key part of our long-term succession strategy, ensuring that Godwins remains a trusted partner for clients for many years to come.”

This business evolution underscores our commitment to providing exceptional legal advice with a personal touch, ensuring the firm remains a trusted partner for generations to come.

Being a woman in law in 2025

6 March 2025

This International Women’s Day, we sat down with Kerry Dovey, Associate Member in the property team here at Godwins Solicitors LLP in Winchester, to find out what it is like to be a woman in law in 2025.

 

 How has the legal industry changed since you started out in your career?

 

As with social changes, the legal landscape has changed drastically over the 20 years that I have been practising. More and more solicitors are now female with current statistics showing 65% of solicitors are women however there is still a seniority gap at partner level with only 32% of full equity partners being female.

Aside from statistics, the biggest change to the industry is working practises and being able to work from home. Being physically present for my children and being able to do the school run has given me more balance in my career. Early on, this just was not possible and that constant tug-of-war between motherhood and having a career in law  was a constant struggle to manage.

I enjoy working in our Winchester office and the interactions with my team  in the office which you cannot have at home so easily . You also have the ability to close the office door so there is a clear distinction between work and home.  Ultimately it is all a balance and flexibility has been the most positive change as a female lawyer and I am sure that applies to men as well.

In 2025, I think we can be so much more authentic as lawyers. You can add the out-of-office, saying ‘apologies, I am at sports day’ without the judgement of 20 years ago.

Law firms have to continue to be current and forward-thinking in order to retain good staff and morale within the teams. I am lucky at Godwins to work for such a great firm who have adopted that approach.

 

What are the challenges facing law, as you see it, in the next few years?

 

A career in law is stressful and particularly working in property and conveyancing, the stress levels will only increase because clients want fast-paced transactions to match other purchases in their daily life, like internet shopping for example. How you purchase property hasn’t changed in the last 100 years so the system hasn’t really kept up with fast-paced society. You can still only buy land by way of a witnessed deed. Whilst electronic  signatures and DocuSign, have helped, the transaction speed and managing clients’ expectations does not always  live up to the fast-paced society that we now live in.

Managing mental health, my own and the teams, is something that at Godwins, we take very seriously and keep under review. We have opened conversations about mental health, menopause and quality work life balance. They are certainly not topics discussed 20 years ago when we all wore suits to work. Working in law as a female in 2025 is a much more pleasant experience than when I started. I feel that women in law of my generation have been trailblazers, allowing the next generation of female lawyers to have a smoother career path with no barriers to partnership, for example, just because you work part-time or you have children.

 

What is one thing you miss from your early career in law?

 

Without a doubt, the Land Registry’s speed on completing applications and having a direct line to the Land Registry’s manager!  Oh and receiving letters in the post so that there was not that constant barrage of emails you suffer on a daily basis.

 

 

What advice would you give to young female lawyers in 2025?

Work hard to get where you want but keep perspective in your life. You are 100% replaceable at work, but you are never replaceable at home. Look after your mental health as you strive for success, the possibilities are endless.

 

Being a lawyer is and has been, a brilliant career, not without its challenges and very stressful at times. I am genuinely interested in the work I do and solving problems for clients., hether it is working out if the land has a right of way for the client’s intended purpose, or you manage to buy their dream property within the timescales imposed. Both my daughters say that they are proud of me. I am a ‘slay-mum’ which I think? is a good thing!

To talk to Kerry about rural and agricultural law, please get in touch here.

Succession planning and talking money with your Children: Key Considerations

21 February 2025

If you’ve watched HBO’s hit series Succession, you’re familiar with the cut throat drama surrounding the Roy family as they grapple with who will inherit the helm of their media empire. While their backstabbing and power plays make for compelling television, the show highlights a very real-world issue: the importance of clear and strategic succession planning.

Whether you’re managing a family business or organising your personal estate Succession planning is a critical process for ensuring that a family’s wealth, business or assets are passed down smoothly and responsibly across generations. While many focus on business continuity and the legal framework of estate planning, an often-overlooked aspect is how to talk about money with your children. The financial decisions that shape the future of your estate and assets can be complex, but an open dialogue can foster understanding and ensure that your legacy is carried on with care and responsibility. In this article, Godwins’ Andrew Neal explores how proper legal frameworks, clear communication, and foresight can ensure a seamless transfer of leadership and assets, avoiding the chaos and uncertainty we see in Succession.

Why Succession planning matters

Succession planning serves as a roadmap for passing on wealth and assets to the next generation. Whether you are transferring a family-owned business, property, investments, or a combination of these, it’s essential to have a plan in place. Proper planning helps reduce the risks of disputes, taxes, and the potential disruption of the family’s wealth.

For many, succession is not just about transferring money; it’s about passing on values, goals, and family traditions. It involves decisions that align not only with legal and financial strategies but also with the family’s vision for the future. That’s where open conversations about money come into play.

The importance of talking about money with your children

When succession planning involves significant financial assets, children may feel entitled, anxious, or even uncertain about their role in managing the wealth. Having frank discussions about money can de-mystify the process and reduce any negative emotions or assumptions. Here are a few key points to keep in mind when broaching the topic:

  1. Start early and foster financial literacy

The earlier you start talking about money with your children, the more prepared they’ll be to manage it when the time comes. Teach them the basics of financial literacy, such as budgeting, saving, investing, and understanding taxes. Having a well-rounded grasp of personal finance will empower them to make informed decisions.

Children who understand the value of money are more likely to respect the family’s wealth and approach it with the responsibility it requires. If a business is involved, offering them a role or involvement, even in a minor way, this can help them develop a connection with the family’s financial legacy.

  1. Discuss values and expectations, not just assets

Money discussions often focus solely on numbers—how much is there, who gets what, and when it will be transferred. However, it’s crucial to also talk about your values and expectations. Discuss why certain assets are being passed on, what you hope your children will do with the wealth, and the impact you want to create. For example, if philanthropy is important to your family, consider incorporating charitable giving into your succession planning.

You should also set clear expectations regarding the management and stewardship of family assets. Will children be expected to manage a family business, maintain investments, or preserve the family home? Setting these expectations early helps children understand their roles and avoid surprises.

  1. Be transparent about your plan

Transparency is key to preventing misunderstandings and resentment down the line. Clearly communicate the details of your succession plan, including the division of assets, any trusts, and how decisions will be made. If there are any contingencies, such as conditions tied to inheritances or the future of a business, explain them clearly.

In addition, be open to feedback and discussions. Your children may have questions, concerns, or ideas about how things should unfold, and addressing them proactively can prevent conflict in the future.

  1. Consider the emotional impact

Money can carry a heavy emotional weight, especially when family dynamics are involved. Sibling rivalry, differing values, or even jealousy can arise. It’s important to acknowledge the potential emotional impact of your decisions and ensure that your children are prepared to manage these feelings.

Encourage family meetings with an estate planner or financial advisor, or consider involving a neutral third party to mediate discussions. This provides an opportunity for everyone to express their thoughts and ensures that the plan remains fair and well-understood by all parties.

  1. Review and update the plan regularly

Family dynamics and financial situations can change, so it’s essential to regularly review and update your succession plan. Life events, such as births, marriages, or the introduction of new family members, may require adjustments to the plan. Periodic discussions help to keep the plan relevant and allow everyone to stay aligned on goals and expectations.

Conclusion

Succession planning is as much about communication as it is about numbers. Talking openly and regularly with your children about money and your intentions for passing on wealth not only prepares them for the responsibility but also fosters a sense of trust and unity. By considering financial literacy, values, expectations, and emotional dynamics, you can create a legacy that benefits future generations while minimising the conflict and confusion as seen in the TV series.

Do get in touch with the Godwins team if you have any questions about Succession planning.

Legal Obligations and Laws Surrounding Trees on Your Land

21 January 2025

 

Trees form one of the most important views across the landscape and combined with their environmental benefits, are to be treasured. With carbon credits being brought to the fore in today’s climate change battle, woodland has become hot property. Even the tree in your back garden could be protected so make sure you understand your obligations.

Owning land with trees brings a host of legal responsibilities. Trees, while an asset to the environment, can become the focus of legal disputes, particularly when it comes to pruning, removal, or management. Below, the Godwin’s team outline the main legal obligations and duties for landowners regarding trees, including specific laws on Tree Preservation Orders (TPOs), conservation areas, ancient woodland, and liability surrounding trees.

What is a tree a preservation order? (TPOs)

Tree Preservation Order (TPO) is a legal mechanism used by local planning authorities (LPAs) in the UK to protect specific trees or groups of trees that provide significant environmental or aesthetic value.

  1. What does a TPO mean for landowners?
    • If a tree on your land is protected by a TPO, you cannot cut it down, prune it, or carry out any other work without prior written consent from the LPA.
    • Unauthorised work on a TPO-protected tree can result in fines of up to £20,000 or, for more serious offenses, unlimited fines in the Crown Court.
  2. How do I check if a tree has a TPO?
    • During the conveyancing process we can check if the trees on the land you are buying are protected by a TPO which are shown as a local land charge on the Local Search.
    • Post purchase we are able to check online to ascertain if specific trees on your land have the protection.
  3. Can you prune a tree with a TPO?
    • Pruning is permissible, but it requires written consent. Applications must include detailed information on the proposed work and justification (e.g., safety concerns or disease). Emergency works, such as those required to remove a dangerous limb, may be carried out without prior consent, but you must notify the LPA afterwards.

 

 

Are there restrictions on trees in conservation areas?

Trees located in conservation areas receive automatic protection, even if they are not subject to a specific TPO.

  1. What are Conservation areas?
    • These are areas designated for their special architectural or historic interest. Trees in these areas contribute to their character and are protected under Section 211 of the Town and Country Planning Act 1990.
  2. Obligations for landowners in Conservation areas
    • You must notify your local council at least six weeks before carrying out work on a tree with a trunk diameter exceeding 75mm (measured at 1.5 meters above ground level). This notice is called a “Section 211 Notice.”
    • The council may respond by issuing a TPO if it deems the tree worthy of long-term protection.
  3. Penalties for unauthorised work
    • As with TPO-protected trees, unauthorised work on a tree in a conservation area can result in significant fines.

Are trees in ancient woodland and veteran trees protected?

  1. What is Ancient Woodland?
    • Ancient woodland refers to areas continuously wooded since at least 1600 in England. These areas are irreplaceable due to their biodiversity and historical significance.
    • Veteran trees, though not necessarily part of ancient woodland, are mature specimens with significant ecological or historical value.
  2. Legal Protections for ancient woodland and veteran trees
    • Ancient woodland is protected under the National Planning Policy Framework (NPPF). Development impacting these trees is only permitted in exceptional circumstances.
    • Local planning policies may also provide additional protections.
  3. Managing trees in ancient woodland
    • Any work must comply with environmental laws, such as the Wildlife and Countryside Act 1981, which protects nesting birds and bats living in trees. You may also need to consult an ecologist.

Are landowners responsible for trees overhanging public highways and footpaths?

  1. Landowner Duties
    • Landowners are legally obligated to ensure that trees on their land do not pose a hazard to public highways, pavements, or rights of way.
    • Overhanging branches must be pruned to maintain clearances:
      • 5.2 meters above roads.
      • 2.5 meters above pavements.
  2. Enforcement by Local Authorities
    • If a tree poses a hazard (e.g., obstructing visibility or causing damage), the local authority can issue a notice requiring remedial action. Failure to comply may result in the council undertaking the work and charging the landowner.
  3. It is very important as a landowner that you  have third party insurance to cover falling trees which could cause an accident

 

Are trees in the garden of a listed building protected?

If your property is a listed building, additional restrictions apply to trees on your land.

  1. Listed building status
    • The setting of a listed building, including its garden, is protected by law. Alterations, including tree removal, must preserve the character and setting of the property.
  2. Can you cut down a tree in a garden of a listed building?
    • You may need both planning permission and listed building consent to remove or prune a tree, particularly if it contributes to the historic or aesthetic value of the property.
    • Trees in conservation areas or with TPOs are subject to additional layers of protection.
  3. Consultation with authorities
    • Always consult your local planning authority and, if applicable, heritage organisations to determine the necessary permissions before undertaking any work.

How Godwins can help

Godwins can help you acquire land which may be dotted with trees, or indeed your very own parcel of woodland. We raise specialist enquiries and searches so that you know whether the trees on your property are protected.

 

Please get in touch with the team if you would like legal advice on trees on your property.

Selling part of a farm while retaining the farmhouse

12 September 2024

Are you thinking about selling a portion of a farm while retaining a parcel, perhaps the farmhouse? With agricultural values holding strong versus other property markets you may be considering a sale off as a good option for you. This can be a complex process with numerous legal, financial and indeed personal implications. Before embarking on a sale,  Associate Member Kerry Dovey shares  some considerations.

 

Legal and Practical Issues

Shared Services

When part of the farm is sold, determining the use and maintenance of shared services such as water, electricity, and drainage becomes crucial. The retained farmhouse may rely on these services, which could be impacted by the sale. For example, in the case of a private water supply, you would need to consider who is responsible for the supply and billing together with the upkeep and maintenance of pipes.

Shared Access

If the land being sold requires access over the retained land, how will you feel about vehicles using the main farm track or driving past the farmhouse to gain access to the land or buildings that has been sold off? What was once all your farm and under your control is suddenly a shared property. Whilst you may have a perfectly affable relationship with the buyer, what happens when they subsequently sell to a third party?

 

Sentimental value and family Considerations

Often farms will have been in the same family for many years, with personal names given to individual fields. You should never underestimate the emotional attachment that you may have for the farm. Ask yourself “Can I really sell part of my land and share it ?” If the answer is no, then you may wish to reconsider your plans. This may mean you don’t progress with the sale or indeed, the sale of the whole farm so that you are not “sharing” an asset which was once all yours. Whilst it may be the financial situation means you do not have any choice, it is always worth considering all the options. Engage and involve all family members who will be affected so you can agree if the sale is indeed the right course of action.

 

Impact on farm value

Selling part of the farm may reduce the overall value of the retained property. Consider how the loss of a portion of the farm will affect its market value and the potential for future development.

 

Tax consequences

With any disposal of land, tax implications will arise. These may include Capital Gains Tax, Income Tax, Inheritance, Vat and SDLT;  all will need to be carefully considered. Always consult with a professional accountant to understand the capital gains tax implications. Selling part of the farm could result in a significant tax liability, so it is essential to plan accordingly.

 

Rights and restrictions

Restrictions on use

Consider imposing restrictions on the use of the land or buildings being sold to protect the retained farmhouse’s value and functionality. This could include prohibitions on certain types of development or use that might negatively impact the retained property. Do you only want the farm to be used as agricultural land? How would you feel if some of the buildings were developed into residential accommodation or workshops? Whilst you can have restrictive covenants written into the legal agreements, if you are that concerned over restricting the buyers use, consider whether you should be selling at all.

 

Overage agreements

To protect against future loss of value, consider negotiating an overage agreement. This allows you to receive a payment if the buyer later develops the land or achieves a significant increase in its value. Overage agreements can offer the security a seller seeks. However, they are complex legal agreements and need very careful negotiation to ensure that each party is clear on the terms of the overage.

 

Planning permission

Selling with planning permission can increase the value of the land. Evaluate whether obtaining planning permission before selling could provide a better financial outcome.

 

Final thought

Whilst selling part of a farm is more complex than selling off the whole farm, with measured professional advice from your solicitor, land agent and accountant, you will be able to achieve the sale that works for you. Kerry Dovey at Godwins Solicitors LLP would be happy to guide you through the legal aspects – do get in touch for further guidance.

Rural property lawyer Kerry Dovey joins Godwins Solicitors LLP as an associate member

1 September 2024

Godwins Solicitors LLP are delighted to announce that Kerry Dovey, specialist in Farms, Estates and Country Houses has joined the Winchester law firm as Associate Member.

Kerry will use her 20 years’ experience in Farm and Estates practices to support high net worth individuals and landowners with the sale, purchase and lettings of residential and commercial rural property. She regularly advises on deeds of easements for services, renewable projects and access, as well as acting for lenders and carrying out large-scale security work on rural properties for the major banks. She has a rare and deep knowledge of the nuances surrounding New Forest properties including rights of access and common rights.

Kerry grew up on her parents’ dairy farm and agriculture has always been in the blood. Based in the New Forest, she is a keen rider and loves country sports.

For 200 years Godwins have offered a first-class service to farms and estates around Winchester and beyond and Kerry is excited to join the property team, “I’m really looking forward to joining Godwins, as such a well-respected firm within Winchester and the Hampshire/Dorset area. I’m sure with my rural property background and Godwins’ high calibre of private clients I will be able to compliment Godwins’ already impressive property offering for clients. “

Godwins’ member Andrew Neal, says “The partners are delighted to welcome Kerry to the firm.  She brings a wealth of experience within the agricultural and rural property sector and forms a key part of our vision to grow and build upon our presence within those sectors.”

Is your land suitable for development and what will you do if a developer calls?

21 March 2024

 

Landowners frequently receive speculative approaches from developers and land promoters inviting them to enter in to binding legal agreements for development of their land.  The terminology can be baffling, but rather than throwing these letters in the bin, or worse, signing on the dotted line, take time to consider what is on offer and get professional advice.

Before you sign on the dotted line, always check:

  • If you have land which is capable of development, always seek advice from a valuer and from a solicitor before signing up with a developer. Often the developer will contribute to the landowner’s costs for professional advice so you would not be out of pocket.
  • Make sure you understand the true value of your land; joined with your neighbours’ land, your land may be more valuable or have strategic importance to a developer.
  • Consult your accountant or tax adviser to check any family property ownership is in the right names and properly structured in order to maximise tax efficiency.

If you are a landowner selling land for potential development, there are a variety of different ways in which to structure the arrangements:

 

  1. Unconditional Contract – this is the most certain arrangement from a landowner’s perspective. The landowner agrees to sell the land to the developer with completion of the sale occurring on an agreed date for an agreed price and without any pre-conditions or other pre-requisites imposed.
  2. Conditional Contract – this gives more flexibility to the developer and less certainty to the landowner. The contract for sale and purchase is conditional on certain pre-conditions, most usually the grant of satisfactory planning permission for development of the land in question.  The contract will attempt to define the pre-conditions in sufficient detail so that it is clear when the pre-conditions have been satisfied and completion is triggered.  The price is often framed in terms of general principles and may be linked for example to the number of residential units (i.e. houses or flats) for which planning permission is actually obtained.
  3. Option Agreement – this gives even more flexibility to the developer. The agreement provides that the developer may call for the landowner to sell the land to the developer at any time within a set period of time (typically between 18 months to 5 years).  This is to allow the developer time to obtain planning permission but the option need not require this.  There is less certainty from the landowner’s perspective, because the developer may choose, at its discretion, whether or not to call for the land to be sold to it.   Again, price is often framed in general terms and may be limited to success at planning, but usually requires the landowner to agree to reimburse the developer for aspects of the costs in obtaining planning permission.
  4. Promotion Agreement – becoming more popular, these types of agreements work as a collaboration between the landowner and a promoter (who is often a developer in their own right) to promote land for development. The landowner and the promoter work together to agree a planning strategy for the land to achieve allocation for residential development and then secure planning permission.  The parties will then agree a sales strategy to market the land, with the new planning permission, on the open market so as to secure the best price.  The landowner will usually reimburse the promoter for the costs incurred in securing planning permission, marketing and selling the land and the promoter receives an agreed fee.

At Godwins, our Commercial Property Team would be happy to guide you through the legal aspects of the development process for your land.  Please contact Annabel Evans and Helen Brooker for an initial chat.