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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.

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.

Godwins are proud to support The Cameron Bespolka Trust

19 April 2023

Godwins are proud to be supporting Corinne Bespolka run the London Marathon in support of her son’s Charity The Cameron Bespolka Trust.

 

https://www.cameronbespolka.com/running-the-london-marathon-for-cameron

 

Points to consider in planning your will

2 January 2022

Information for married couples and civil partners

This briefing note is designed to provide an overview of some of the points you may wish to consider when reviewing your existing Will or putting a new Will in place. The information in this note is brief so please let us know if you would like further information on any of the points raised.

Why should I make a Will?

A valid Will dictates how your estate will pass after you die. If you die without a valid Will, your estate will pass in accordance with a set of statutory provisions, known as the “Intestacy Rules”. The Intestacy Rules are no substitute for a properly drawn-up Will and can often result in unintended consequences. For example, under the rules, a surviving spouse will not necessarily inherit the whole of the estate, whilst an unmarried partner has no rights at all.

When should I review my Will?

You should review your Will at regular intervals, to ensure that it is still appropriate to your circumstances and that it is consistent with the latest legislation. In particular, you should consider reviewing your Will whenever there is a major change to your or any of the beneficiaries’ financial and/or personal circumstances.

What should I include in my Will?

A Will can deal with a multitude of matters. As a starting point, you may wish to consider the following:

Executors

Executors are people you entrust to deal with your estate following your death and to carry out the terms of your Will. The role carries with it great responsibility and it is important you choose people who you trust to deal with things properly. Executors are required to act unanimously, so it is important that the people you choose are capable of working well together. Executors should be at least 18 years of age, of full capacity and, crucially, likely to outlive you!

In some circumstances, it may be possible/appropriate to appoint the Members of Godwins Solicitors LLP as your executors. We are happy to discuss this with you.

Funeral wishes

You may like to include your funeral wishes in your Will, although there is no requirement to do so. It is one of the first things we get asked following a death; it is important that your next of kin are aware of your wishes.

You may wish to state whether you would like to be buried or cremated, the location of your final resting place, and/or whether you would like your body to be made available for medical research or organ transplant.

Guardians

If you have minor children then you ought to consider who would be best suited to caring for and looking after your children. Please note that a guardianship provision would only be capable of taking effect on the death of the last person with parental responsibility for any child.

Personal possessions and specific bequests

We tend to deal with personal belongings separately from the rest of the estate, as this reduces complications when dealing with the estate administration. We usually provide for a person’s belongings to pass to their surviving spouse on the first death, and thereafter to pass to the executors to distribute at their discretion. If you have particular items that you would like to pass to specific individuals, we can record this in a separate Letter of Wishes, which you can update from time to time without the need to change your Will.

Pecuniary and specific legacies

You may decide to leave cash gifts of fixed amounts or specific assets to one or more individuals or charities.

Residuary estate

You will need to consider who you would like to receive the balance of your estate after payment of all liabilities and administration expenses to include taxes arising as a result of your death as well as any legacies given in the Will (known as the “residue”) and the way in which you would like those people to benefit. If there is more than one beneficiary, you will need to decide on the respective shares that they are to receive.

On the death of the first of a married couple/civil partners, it is usual for the bulk of the estate to pass to the survivor. There are two ways in which this can be achieved, either by way of an outright gift or otherwise by leaving assets to the survivor on a “life interest” trust.

• An outright gift means that the survivor receives the assets without restriction and is free to do with them exactly as he or she pleases. This is the simpler option and is often appropriate in the case of a first marriage, where the intention is to benefit shared children on the second death.
• A gift on a life interest trust meanwhile entitles the surviving spouse/civil partner to the income of the assets (including the right to occupy any property owned by the deceased) for the remainder of his or her life. It does not, however, give them a right to the underlying capital value of those assets, which is preserved for the benefit of the ultimate beneficiaries. This option is more complex, but may be sensible in the case of a second marriage where each party has children of their own from a previous relationship and/or if there are concerns about ringfencing funds against care fees, etc. We are happy to advise further on the options available.

If you have children, you will want to consider the age at which you would be happy for them to receive funds. The default is age 18, however, many people prefer to defer this until age 21, 25, or even later. You should also consider what you would want to happen if none of your intended beneficiaries were to survive you. In these circumstances, do you have other individuals or charities in mind who you would like to benefit?

Another consideration is whether it would be unwise to make funds available to any of the beneficiaries for any reason (e.g. if there is a risk of divorce or bankruptcy proceedings). Finally, you should consider if there is anyone who might feel aggrieved by the provisions of your Will
and who may seek to challenge it. Whilst it is not possible to remove the risk entirely, there are steps that can be taken to reduce the likelihood of a successful claim being made against your estate.

What about inheritance tax?

In preparing your Will, it is necessary to give some thought to inheritance tax, which is primarily a charge to tax on the value of an individual’s estate at death. On a person’s death, inheritance tax is currently payable at the rate of 40% on the chargeable value of the estate above the “nil rate band”. The nil rate band is currently £325,000 (but may be reduced by the value of certain lifetime transfers/gifts).

There are some steps you can take during your life to reduce the value of your estate for inheritance tax purposes.

In terms of Wills, there are a few points to note:

• Where a couple are married or in a civil partnership, any unused nil rate band of the first spouse/civil partner to die may be transferred and set against the estate of the survivor on their eventual death (the so-called “transferable nil rate band”). This claim is for the unused percentage, rather than the value unused at the time. On present values, then, the combined nil rate band and transferable nil rate band available on the second death may be as much as £650,000. It is for this reason that it is sensible to leave the bulk of the estate (and certainly everything in excess of the nil rate band) to the surviving spouse/civil partner on the first death, as this avoids an immediate charge to inheritance tax because it is covered by the spouse exemption.
• As of April 2017, an additional allowance known as the “residence nil rate band” may also be available where a person leaves a property interest to “direct descendants” (which includes children, grandchildren, and so on, as well as step-children and the spouses/civil partners of those people). The maximum amount of the residence nil rate band is currently £175,000. Care should be taken when drafting a Will to ensure that the residence nil rate band is capable of being claimed. As with the “normal” nil rate band, any unused residence nil rate band of the first of a married couple/civil partners to die may be transferred and set against the estate of the survivor on the second death (the “brought-forward allowance”), giving a further maximum allowance of £350,000. A taper is applied to reduce the available residence nil rate band for an estate valued
over £2 million.
• Gifts to charities are free of inheritance tax. In addition, the overall rate of inheritance tax is reduced from 40% to 36% where a person leaves at least 10% of their net estate to charity.
• Properly structured gifts of farmland, business interests, and shares in unquoted trading companies may qualify for generous reliefs from inheritance tax. It is important that you let us know if you hold any assets of this nature.

Can my beneficiaries amend my Will?

It is currently open to the beneficiaries of a Will to vary their entitlements, if so desired. There are no inheritance tax implications, provided this is done within 2 years of death. For example, a beneficiary may have no real need of their inheritance and may prefer to pass it on to their children. Provided this is done correctly, the funds will effectively bypass the original beneficiary’s estate for inheritance tax purposes.

What happens if I lose mental capacity during my lifetime?

Whilst dealing with your Will, you may also wish to consider what would happen if you were to become mentally incapable of dealing with your affairs during your lifetime. We can advise you on putting in place Lasting Powers of Attorney and/or Advance Decisions to deal with the position. Please contact us if you would like further information on this.

The information in this guide is not intended to replace specific advice tailored to your individual circumstances. Information correct as of January 2022.