Howard Fairbairn Clear guidance. Established counsel.

Howard Fairbairn

Clear guidance. Established counsel.

Latest Articles

No One to Serve: Selling a Leasehold Flat When the Freeholder Cannot Be Found
Residential Property

No One to Serve: Selling a Leasehold Flat When the Freeholder Cannot Be Found

A lease is only as workable as the landlord at the other end of it. When that landlord has disappeared, a sale can stall long before exchange — not because the title is defective, but because nobody can be asked, served or held to account. This guide sets out how buyers’ solicitors and lenders respond, where indemnity insurance helps and where it does not, and when a court order is the practical way through.
Residential Property

The Contract That Outlives the Seller: Completing a Home Purchase After Death

Exchange of contracts creates a binding bargain that does not simply lapse if the seller dies before completion. This article explains how the seller’s estate steps into the transaction, why probate can slow completion, and what buyers can realistically do when a happy purchase becomes an administrative ordeal.
Beyond the Grant: Coordinating an Estate That Spans Two Legal Systems
Wills & Estate Planning

Beyond the Grant: Coordinating an Estate That Spans Two Legal Systems

A UK grant of probate does not travel automatically. Where an estate includes overseas property, foreign accounts or beneficiaries abroad, the executor must coordinate domicile, local succession rules and tax before the administration can safely conclude.
Freehold, Not Free: The Estate Rentcharge on a New-Build Home
Residential Property

Freehold, Not Free: The Estate Rentcharge on a New-Build Home

A freehold title does not always mean freedom from ongoing payments. Estate rentcharges on newer UK housing estates can bind homeowners to maintenance costs for roads, landscaping and communal areas, often with fewer statutory protections than leaseholders enjoy. This guide explains how to identify them early, question unclear demands and negotiate safeguards before exchange.
When an Estate Is Called to Account: Inheritance Act Claims in 2026
Wills & Estate Planning

When an Estate Is Called to Account: Inheritance Act Claims in 2026

A will can settle most questions, but the Inheritance (Provision for Family and Dependants) Act 1975 allows certain applicants to ask the court to look again. This guide explains who may claim, how reasonable financial provision is assessed, and why the six-month period after the grant of probate is critical for applicants and executors alike.
When the Paper Trail Ends: Rebuilding Title After Lost Deeds
Residential Property

When the Paper Trail Ends: Rebuilding Title After Lost Deeds

Lost or destroyed title deeds are rarely a reason to panic, but they are a reason to act carefully. This guide explains how registered and unregistered title is reconstructed, what lenders and buyers will want to see, and where indemnity insurance can — and cannot — help.
What the Property Form Remembers: Disclosure, Omission and the Buyer’s Remedy
Residential Property

What the Property Form Remembers: Disclosure, Omission and the Buyer’s Remedy

The TA6 is often treated as routine paperwork, yet it is a signed record of what the seller knew and when. This article examines the omissions that later become misrepresentation claims and how sellers and buyers can reduce that risk in 2026.
The Half-Finished House: When a Builder Fails Mid-Project
Residential Property

The Half-Finished House: When a Builder Fails Mid-Project

Insolvency rarely arrives without warning, but it often arrives mid-project. This guide explains how a homeowner can secure the site, evidence the contract and payments, assess warranties, and decide whether to complete the works or pursue recovery.
When the Boardroom Falls Silent: Director Death and the Company’s Continuing Authority
Business Succession

When the Boardroom Falls Silent: Director Death and the Company’s Continuing Authority

A company does not die with a director, but its capacity to make decisions can stall within days. This article examines the immediate consequences of a director’s death in 2026 — from bank mandates and board quorum to probate, shareholder rights and the succession documents that should not be left until the boardroom falls silent.
The Bundle That Binds: Auction Property and the Legal Pack in 2026
Residential Property

The Bundle That Binds: Auction Property and the Legal Pack in 2026

Auction brochures sell a possibility; the legal pack defines what is actually being sold. This guide explains how caveat emptor shapes risk in England and Wales, what to inspect in title, searches and special conditions, and the questions to put to a solicitor before the hammer falls.
Before the Scaffolding Arrives: Protecting a Home’s Right to Light
Residential Property

Before the Scaffolding Arrives: Protecting a Home’s Right to Light

A neighbour’s extension or development can threaten the light a home has enjoyed for decades. This guide explains how rights to light arise under English law, what evidence matters, and why affected homeowners should act before construction begins.
The Signature That Travels: Personal Guarantees for Company Directors
Commercial Law

The Signature That Travels: Personal Guarantees for Company Directors

Personal guarantees are often requested as a condition of lending or commercial terms, but they can follow a director long after the company has moved on. This advisory guide explains what a guarantee commits the signatory to, the clauses that create hidden exposure, and how to negotiate limits and releases.
When Power Is Misused: Challenging an Attorney Who Oversteps the Mark
Wills & Estate Planning

When Power Is Misused: Challenging an Attorney Who Oversteps the Mark

A lasting power of attorney is a document of trust, but trust can be abused. This guide explains the attorney’s duties, the warning signs that matter, and the practical steps families and advisers can take when an attorney appears to have overreached.
The Line on the Ground: Boundary and Adverse Possession Claims in 2026
Residential Property

The Line on the Ground: Boundary and Adverse Possession Claims in 2026

When a fence, hedge or long-held strip of land no longer matches the registered title, neighbours can find themselves in a dispute that is both personal and expensive. This guide explains the rules for registered and unregistered land, what counts as factual possession, and how to respond to a Land Registry notice.
When the Named Executor Cannot Be Found: Remedies for a Stalled Estate
Wills & Estate Planning

When the Named Executor Cannot Be Found: Remedies for a Stalled Estate

A missing, unwilling or incapacitated personal representative can leave an estate frozen at the worst possible moment. This practical guide explains the probate steps, court applications and protective measures available to beneficiaries in England and Wales.
The Handshake Behind the Contract: When a Side Letter Becomes Binding
Commercial Property

The Handshake Behind the Contract: When a Side Letter Becomes Binding

Side letters, email assurances and oral promises are often treated as commercial courtesies. In law, they can be contractual obligations. This opinion piece examines when informality binds, when it fails and how property owners and occupiers can manage the risk.
Residential Property

Reading the Bill Before It Bites: A Leaseholder’s Guide to Service Charges in 2026

Service charge bills rarely arrive at a convenient moment. A structured check of the lease, budget, reserve fund, major works and building safety can turn a confusing demand into a series of clear questions—well before the next invoice lands.
The Trustee’s Compass: Drafting a Letter of Wishes That Endures
Wills & Estate Planning

The Trustee’s Compass: Drafting a Letter of Wishes That Endures

A trust deed gives trustees power; a letter of wishes gives them context. This note explains how families can set out their hopes for education, housing and business interests without turning guidance into a binding instruction—and when the document should be refreshed.
Handing On the Family Firm Without Handing Over Trouble
Business Succession

Handing On the Family Firm Without Handing Over Trouble

Family businesses rarely fail because the next generation lacks ability. More often, the handover stalls because the paperwork, the timing and the family conversation were left too late. A practical succession checklist helps owners protect the business and the relationships around it.
Before You Sit Down: Making Your First Solicitor Meeting Count
Wills & Estate Planning

Before You Sit Down: Making Your First Solicitor Meeting Count

A first consultation with a solicitor need not be a leap into the unknown. With the right papers, a rough timeline and a few direct questions about fees and next steps, the meeting becomes a focused conversation that saves time, cost and uncertainty later.