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Category Archives: Private Client

CORONAVIRUS (COVID-19) – Office Update

NA Logo squareWe regret it has been necessary to close the door of the office, not only to ensure the welfare of our clients but also that of all our dedicated staff.  Some personnel are designated as ‘key workers’ at North Ainley because they are dealing with, for example, Wills and Lasting Powers of Attorney and also looking after our elderly and vulnerable clients.  They will work behind closed doors but most others will work from home.  We can be contacted by phone, email or letter so that there is minimum disruption to our services.

If it is absolutely essential that you see a member of staff, please ring this number (0161 624 5614) now and you will be given guidance whilst outside the office.  In all other cases, please email us or ring one of the numbers below depending on the nature of the service you require.

We very much appreciate your support and understanding in these challenging times but will do everything possible to provide help where necessary.

Family Department – 07796 603649

Employment & Litigation  Department – 07990 154164

Residential Property Department – 07468 294547

Private Client Department – 07391 024695

Commercial/Corporate Department – 07392 718704

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CORONAVIRUS (COVID-19)

NA Logo squareWe wish to assure all our clients and professional contacts that we will continue to provide the best possible level of service in these challenging times.

We are naturally concerned for the welfare and well-being of our clients, staff and their families and it would be advisable to avoid face to face meetings at the moment.  If it is considered necessary for you to attend the office, please alert us beforehand if you are showing any symptoms of the virus or have been in contact with anyone displaying symptoms.  We can then make alternative arrangements and hopefully deal with your matter over the telephone or by email.

The office remains open and calls, emails and voicemail will be dealt with promptly.  We very much appreciate your support and will do everything possible to avoid any disruption or interruption to our services.

Please visit our website frequently for further updates.

Also posted in Business Employment, Commercial & Corporate, Commercial Litigation, Employment, Family, Litigation Disputes, North Ainley News, Probate & Estate Adminstration, Property Development, Residential Property | Comments closed

Death Bed Gifts

The family of Mick Ivory have issued Court proceedings against their brother Peter, after Peter gave away Mick’s estate to the poor and homeless.

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Mick Ivory had an estate worth £414,000, which after expenses totalled £367,000.  Mick did not leave a Will, so upon his death his estate should have been distributed in accordance with the Intestacy Rules.  In this case, that meant Mick’s three brothers and nephew should have inherited the £367,000 estate.

However, Peter Ivory, claims that on his death bed, Mick made him promise that:

  • Peter would look after Mick’s dog,
  • The Osmond memorabilia, collected by Mick’s deceased wife, should go to a ‘good home’,
  • Peter should keep all the money and if he couldn’t, he should “give it away” and make sure Alan, his brother did not receive the money.

In response to the proceedings issued against him, Peter asserts that the principle of ‘donatia mortis causa’ applies, meaning his brother Mick made a ‘death bed gift’.

So what is a death bed gift?

A ‘death bed gift’ is a gift of property or assets made by a person (the ‘donor’) in contemplation of impending death.  When the person dies the subject of the gift does not pass to the Personal Representative but to the person the deceased wanted to benefit (the ‘donee’).

There are four conditions to satisfy for the gift to qualify as a death bed gift:

  • The gift must be made by the donor when he/she believed they were about to die.
  • The gift is made on condition that the donor does actually die within a limited period of time i.e. if the donor does not die, the gift is revoked.
  • The donor must part with the gift in some way.
  • The gift must be capable of being given away.

Therefore Peter has to prove that Mick believed he was going to die and that the death bed gift is valid.

In this case, Peter states he has given all Mick’s money away to the poor and homeless (including handing £50 notes to various homeless people in Cambridge), to dog charities and to a local school.  The brothers and nephew assert that no evidence has been produced of Mick’s wishes and as a result of the Court proceedings issued, Peter has been ordered by the Court to produce an account, stating how Mick’s estate has been distributed.  If Peter does not produce the account to the Court, he may face a prison sentence.

Legal advice will usually be required if a death bed Will is challenged but for advice on any issue concerning disputed Wills or inheritance, contact our Dispute Resolution Team for information and advice.

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Rise in Statutory Legacy

IntestateWhen a person dies their financial affairs have to be dealt with, irrespective of whether or not they left a Will.  This can be an extremely difficult and distressing time and our specialist team of Probate Lawyers have the experience, skill and understanding to take the pressure from you. We will help you understand the terms of any Will and explain what needs to happen next.  We will also help you through the process of what to do if someone dies without a Will (Intestacy).

From 6 February 2020 the ‘Statutory Legacy’ will increase from £250,000 to £270,000 – if a person dies without a Will & their estate is worth £270,000 or less it will all pass to the surviving spouse/civil partner & anything above £270,000 will be split 50/50 with the surviving spouse/civil partner & any children.

Make sure your estate is distributed in accordance with your wishes by making a Will!

Also posted in Probate & Estate Adminstration | Comments closed

Charity of the Year

Every year at North Ainley we have a Charity of the Year whereby we raise funds for the chosen charity with various fundraising events.  During the course of 2019 our chosen Charity of the Year was Maggie’s Oldham.

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For those that do not know, Maggie’s is a place where people who have been diagnosed with cancer and their families can find practical advice about benefits and eating well; a place where qualified experts provide emotional support; a place to meet other people; a place where you can simply sit quietly with a cup of tea.

Every day they welcome up to 70 visitors to the centre.  Each time somebody walks through the door it costs £20.00 for them to provide them with the immediate advice and support they need.  They rely solely on donations and fundraising to enable to them to be there for people with cancer and their families, when they need them most.

Throughout the year we have taken part in various fundraising events for Maggie’s; their Kitchen Table Day; the Culture Crawl and the Go Outrageously Orange Day.  We also raised money for them last Christmas with our annual Christmas hampers.  In total, we raised a total of £1,222.00.  The money raised by us would have funded 60 people walking through the door which is amazing.

As well as Maggie’s being our Charity of the Year for 2019, we have also partnered up with them to run a free Wills clinic at the centre for their visitors and their visitor’s friends, family and carers.  The clinic allows visitors of the centre, or their loved ones, to prepare a simple Will at no cost to them whatsoever.  The clinic is run on the second Tuesday of every month between the hours of 2pm-5pm.  The clinic has been running for over 12 months now and is proving to be a great success and extremely rewarding for our fee earners, Jennifer Kitchener and Danielle Judge who run the clinic, being able to support local people in a time of need.

Although 2020 will see a new Charity of the Year for us, we are proud to say that the Wills clinic at Maggie’s will be continuing in 2020.  The clinic usually gets booked up a couple of months in advance so any visitors to Maggie’s, or the friends, family and carers of any visitors are free to contact the Oldham Maggie’s centre to book an appointment at one of the clinics.

We are extremely proud to have supported Maggie’s throughout 2019 and are looking forward to continuing our partnership with them as they are a wonderful charity.

For more information on how they can help you or a loved one, please visit their website at https://www.maggiescentres.org/our-centres/maggies-oldham/ .

Moving into 2020, we are excited to announce that our Charity of the Year will be MIND and we are proud to be supporting them this year to support the brilliant work they do.

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Oldham Law Association Dinner

OLAA brilliant time had by all at the Oldham Law Association annual dinner, thank you to the organisers and to the The White Hart Inn at Lydgate for top notch food and service as always.

For over 100 years, Oldham Law Association has represented solicitors working or living in the town and surrounding area.  The Association lobbies Government and other stakeholders on issues that affect the profession, it provides training opportunities and social networking events.

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International Day for Tolerance

toleranceWe might not strike you as the most tolerant bunch but actually, as lawyers it’s part of our job to treat everyone the same.

We work in a richly diverse town and are proud to advise and act regardless of race, creed, colour or gender – we invite you to strive to do the same.

For anyone who requires advice for you or your business, please do not hesitate to contact a member of our team.

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Free Will writing

We are very proud to support Maggie’s Oldham in a practical way by providing a monthly Will writing service.

maggies will writing

If you are thinking of writing a Will, our free sessions are open to all Maggie’s visitors and their families.

Our next sessions are on:

🔸Tuesday 12th November
🔸Tuesday 10th December

Thinking about writing your will can be scary, but it needn’t be.  At Maggie’s we believe that everyone should have a Will – it’s one of the most important things we can do for ourselves and for our families.

If you are interested and would like to book an appointment just pop in to see the staff at Maggie’s, or give them a call on 0161 989 0550.

 

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Charity

The 9-15th September marks Remember A Charity in your Will week.  If you’re thinking of making a Will and leaving a gift to a Charity contact our Private Client Team for advice.

Charity

North Ainley’s Private Client Team has over 50 years’ experience advising clients in the administration of their affairs. Many of our team are members of the highly respected Society of Trust and Estate Practitioners. Our services range from the preparation of simple Wills to complex tax planning and wealth management.

Our team of specialist Lawyers, supervised by Department Head Zoe Ashton, is able to tailor their advice to a client’s own particular circumstances and needs. If necessary we can make home visits and also visits to hospital if the circumstances require urgent action to be taken.

We appreciate that advice is often required in difficult circumstances and pride ourselves on our caring and compassionate approach. We take the time to listen to your wishes and help you make the most of your assets for future generations.  Our service is efficient and offers excellent value for money.

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Good news for local Solicitors

The ‘Legal Service Consumer Panel Tracker Survey 2019‘ revealed that 77% of legal service ‘users’ chose small local ‘high street firms’ to deal with their matter, with 79% of users saying ‘reputation’ was the most important factor in their choice and 84% being satisfied with the service they received.

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The survey also highlighted that shopping around for the cheapest isn’t a good thing – 77% of clients found price information direct from lawyers easy to understand but that fell to just 38% in those trying to compare prices between different providers.

At North Ainley Solicitors we pride ourselves on combining a local, friendly, personal service, with city professionalism from all our high calibre lawyers and support staff.  Our ethos is to provide straight forward advice, using everyday terms that can be understood.  Our strong reputation has resulted in new business throughout the year and combined with our competitive and cost effective solutions we are seeing a surge in new business.

For more information and advice, either for you or your business, please do not hesitate to contact a member of our team.

Also posted in Business Employment, Commercial & Corporate, Commercial Litigation, Employment, Family, Litigation Disputes, North Ainley News, Probate & Estate Adminstration, Property Development, Residential Property | Comments closed

Is your Will tax efficient?

Most people are aware that when you die you can leave a certain amount to your family without paying Inheritance Tax.  This is called the Nil Rate Band (NRB) and it is currently £325,000 per person (provided no gifts over £3,000 were given in 7 years before death).

inheritance-tax

In April 2017 the government introduced a new tax allowance called the Residence Nil Rate Band (RNRB) which can be claimed in addition to the NRB in order to limit or possibly completely avoid your estate paying Inheritance Tax.

The RNRB is an allowance that specifically applies to your home; it is currently £150,000 per person and is due to increase to £175,000 in April 2020.  This means that from next year a person can potentially leave £500,000 tax free upon their death.

This sounds like great news, however there are conditions to the RNRB.  Firstly the property must be left to a direct descendant e.g.  child, step-child, grandchild.  Other more distant relatives such as aunts/uncles or nieces and nephews do not qualify.

Secondly, the property must be left to the person directly without any conditions such as upon the beneficiary reaching a certain age, this is because it means the property is being held on trust, and is not a direct inheritance.  If there is a trust in a Will whether the RNRB is available will depend on the type of trust; if it is of a discretionary nature then the RNRB cannot be claimed.

Thirdly, if your estate is valued at more than £2 million then the RNRB will reduce by £1 for every £2 the estate is over this amount.  So, if your estate in total is more than £2.2 million then you do not qualify for the RNRB.

Finally, if the value of the house is less than the RNRB then the balance of the allowance cannot be used to offset against your other assets.  For example if your estate has a property worth £100,000 and cash assets of £400,000, the £150,000 RNRB would mean no tax is due on your property but the remaining £50,000 of the RNRB cannot be used to reduce tax on the cash assets.

As with the NRB the RNRB can be transferred between spouses.  This is because any gift to a spouse is tax free, so if a husband dies first leaving everything to his wife, there is no tax to pay no matter the value of the estate.  This means he is considered to have not used his NRB or his RNRB, so when the wife dies if she is leaving everything to the children, she can use her own NRB, RNRB and then claim her husbands unused NRB and RNRB, so she could leave a total of £1 million tax to free to their children.

It is important that your Will is written in a way to take advantage of the tax allowances available in order to make your estate as tax efficient as possible.  Seeing a solicitor to take advice and discuss your personal circumstances is the best way to ensure this happens.

For more information and advice contact a member of our Private Client team.

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Saddleworth Summer Show

Did you spot our Senior Partner John Ainley selling ducks in Uppermill yesterday?

Saddleworth Show

The duck race will be part of the Rotary’s Saddleworth Show 2019 next week which promises to be bigger and better than ever.

North Ainley Solicitors are proud to sponsor the event which raises thousands of pounds for local and international charities.

Get yourself down to Well-i-hole Farm, Greenfield from 1pm next Sunday 30 June 2019!

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Continuing Best Practice following a successful Lexcel Assessment

North Ainley Solicitors has once again successfully secured the Law Society Legal Practice Quality Mark, Lexcel.Lexcel

Lexcel is an optional, recognised accreditation scheme for Law Firms and in house Legal Departments which gives the public the assurance that a Practice meets high Client Care and Business Management standards.  North Ainley originally achieved the standard in 2011 and has successfully retained the accreditation at each annual assessment thereafter.

John Ainley the senior partner of the firm said “we are delighted to have retained the Lexcel Accreditation.  There have been a number of changes to the standards in the last year, particularly in light of the recent GDPR requirements.  It is reassuring to know that our procedures are up to the mark.  There is a lot of choice in the legal services market but being Lexcel Accredited demonstrates our commitment to Client Care and Best Practice.  The best interests of our clients and staff are at the heart of the way we work”.

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Dementia Action Week

This week is ‘Dementia Action Week’ across the country and we are doing our bit.  This Friday 24 May 2019 members of our Private Client team will be at the ‘Dementia Information Day’ at Oldham Library.

PC Dementia

Danielle and Jennifer from our Private Client Department will be set up, ready and waiting at the Oldham Library to provide you with more information about dementia and will be on hand to provide you with advice on how you can get your legal affairs in order, so please come along and see us.

To find out more and how we can help you please pop in between 11.00 am and 4 pm.

Click here for more information on Dementia Action week.

 

 

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Mahdlo Will Week

We are once again pleased to be supporting Mahdlo – Oldham’s annual ‘Will Week’ this week.

will week

We are working with Mahdlo to provide members of the public with an opportunity to access our Will preparation services, whilst at the same time raising funds to support Mahdlo.  The scheme is running from the 4th to the 8th March inclusive.

In return for a set donation to Mahdlo we will prepare your simple Wills.  A Single Will (£100) or Mirror Wills (£150).

We still have a few appointments left so be quick and call us to book in on 0161 624 5614 quoting ‘Mahdlo Will Week’.

For more information on Mahdlo visit their website on https://www.mahdloyz.org/

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Annual STEP Dinner

A team from our Private Client Department, along with partners John Ainley and Geoff Lamb, attended the Annual Dinner of the Society of Trust & Estate Practitioners (STEP) at the Bridgewater Hall in Manchester last night.  John Ainley is a former Chairman of the Manchester Branch.

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Our Jennifer Kitchener was selected to attend the Dinner and honoured as a high achiever having attained some of the highest marks in the recent STEP examinations.  Many congratulations to Jennifer who is a key member of our team dealing with Wills, Probate, Lasting Powers of Attorney and Trusts.

The STEP exams are a prestigious specialist qualification which carries international recognition across all sectors of the commercial world.  In addition to legal qualifications, North Ainley expects all our team to attain this high standard of academic and practical achievement.

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Choosing the right lawyer

It can be a big decision to instruct a solicitor and it could end up costing you a lot of money, so you need to get it right!

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Certainly, it can be tempting to go to the first firm you think of, drive past on the way to work or that has the fanciest offices but there are some things you should consider before parting with your hard earned cash:

Specialism – Often, high street practices try to be a jack of all trades, with the same Solicitor offering advice on all manner of problems. But, if you have an employment law issue why would you want advice from a Solicitor with a background in property law? Do your research and make sure the Solicitor you will see is a specialist in and has good experience in the area you need advice on.

Recommendations – from people you know and trust are always useful but if your friend recommends a firm because they did a good job of selling their business, it does not make them best placed to help you make a personal injury claim.

Attitude – Make sure you are on the same page. If you want to resolve your issue amicably, you do not want an aggressive lawyer who will rack up costs arguing over nothing. Likewise, if you want a robust approach, don’t instruct a wallflower. A good lawyer will explain the options and alter their approach based on your instructions and will be mindful of how their approach will affect your costs; even if that means telling you what you don’t want to hear.

Alternatives – Does the firm promote and actively engage in other ways of resolving legal problems; such as ACAS Conciliation for employment problems or Mediation or Collaborative Law for family matters? Again, a good lawyer who isn’t just interested in taking your money will encourage these approaches where appropriate.

Likeability – Believe it or not, not all solicitors are cut throat so it’s important that you feel comfortable speaking with your legal adviser and that you feel able to build a relationship of trust and confidence. That said, just because you might want to go for a pint with them does not mean they will give you quality legal advice.

Fees – Make sure you have a very good estimate of what it’s likely to cost and when you will be billed. From 6 December 2018, all Solicitors websites must display prices and service information for residential conveyancing, probate, unfair & wrongful dismissals, debt recovery and licensing applications.

Choice – Remember you don’t have to use any firm which may already have been ‘assigned’ to you – perhaps by your employer when handling a settlement agreement or your car hire company when dealing with an Road Traffic Accident.

At North Ainley, we have been advising the people of Oldham since 1901 but that doesn’t mean you will get out of date advice, just lots of experience! Our size allows us to combine a friendly, personal service with city professionalism from a team of specialist Solicitors and legal advisers.

For more information, please call Laura Campbell, a Solicitor in our Dispute Resolution team on 0161 624 5614.

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New Year, New Start

ChangeAre you buying a new house, starting a new business venture, getting married or expecting a new arrival this year?  However your life changes in 2019, make sure you keep your Will up to date to protect the ones you love.

Contact a member our legal team who can provide you advice and guidance on Wills, house sales or purchases, business advice and all family related matters.

Also posted in Commercial & Corporate, Family, North Ainley News, Residential Property | Comments closed

Maggie’s Oldham – Free Monthly Will Writing Service

Our Private Client Team are proud to announce their support of Maggie’s Oldham by providing a monthly Will writing service for their visitors and their loved ones.

Under the scheme straightforward Wills will be provided free of charge.

maggie's clinic

The sessions will be held on the second Tuesday of each month between 2-5pm at the Maggie’s Centre, based in the grounds of the Royal Oldham Hospital.  The next session will be held on 11 December.

We are honoured to be able to be involved with such an amazing charity and to be able to offer some peace of mind and comfort to those affected in a time of need.

We understand that making a Will can be a daunting prospect to some people but it really needn’t be.  Everyone should make a Will and it is one of the most important things we can do for ourselves and for our families.

Appointments at any of the sessions can be made by contacting Laura Tomlinson or Tom Hall at Maggie’s on 0161 989 0550 or by emailing [email protected] .

We cannot wait to start the scheme and to meet many of the wonderful people who visit Maggie’s.

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Dementia Awarness

Delighted to report that all North Ainley staff have become ‘Dementia Friends’ today, joining the UK’s biggest ever initiative to change the way the nation thinks, acts and talks about dementia.  Engaging and informative session by @MakingSpaceUK

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For more information visit www.dementiafriends.org.uk

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  • Great service in challenging circumstances. Thank you for all your hard work.
    Mr H Hilton & Mrs M Smith - Oldham
  • North Ainley Solicitors
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    Jonathan Taylor
    Jonathan Taylor
    16:59 01 Feb 20
    We just wanted to thank North Ainley Solicitors again for... all your help. From the initial conversation with Vinesh explaining the process to Cassie answering my many questions and getting us through the line! It’s always a stressful time moving home and we were so happy when you rang with the good news (and we could tell you were too!) and we have collected our keys for our gorgeous new home. We would most definitely recommend North Ainley to anybody moving house! Thanks for a great service.read more
    Maria Wheeldon
    Maria Wheeldon
    14:21 20 Dec 19
    I have just completed my sale and purchase of homes and... would strongly recommend north ainley to others based on the amazing customer experience I received from Cassie Stafford. Cassie made this whole process simple for me. She was attentive, personable, professional and amazing In all she did Thank you cassieread more
    Faz Sal
    Faz Sal
    10:00 18 Nov 19
    We came to North Ainley on 3 recommendations! Wanted to... say a huge thank you to Jill and Sophie in the conveyancing team. They have provided us a brilliant service and have always responded efficiently in a speedy and professional manner to our questions and emails. Jill and Sophie were very professional, caring and helpful at every stage of the process. Jill provided us with her great knowledge and her expert advice along the way and we really appreciated that. I would definitely recommend them as a team and would 100% use their services again! Thanks Jill and Sophie - we are so grateful for your help and genuine approach. Keep up the good work you are a credit to North Ainley! I would have no hesitation in recommending them and will use the company again for any future legal work I might need doing. Thank you :)read more
    Jason Saxon
    Jason Saxon
    14:05 17 Oct 19
    Would really recommend North Ainley. We dealt with Cassie... who was friendly and helpful throughout the whole process. We experienced challenges with our chain and Cassie always kept us up-to-date, re-assured us and did everything to push things along to completion. I would not hesitate to use them again. Thanks Cassie and co.read more
    Claire Wilmot
    Claire Wilmot
    10:03 16 Aug 19
    I have used North Ainley on several occasions for... conveyancing on investment properties and I cannot recommend them enough. Jill Gregory has been brilliant, she's very efficient and responsive to my emails. Jill replies promptly and made things easy by allowing me to do everything by email so I didn't have lots of paper going back and forth. Thank you Jill, and all the other staff behind the scenes, that have handled everything so well. I will continue recommend you to everyone who needs a solicitor! :)read more
    Lisa Wright
    Lisa Wright
    15:05 25 Feb 19
    Cassie was fantastic throughout our sale and would... recommend North Ainley if selling or buying a house.read more
    Lynn Findlater
    Lynn Findlater
    18:55 01 Dec 18
    I have used North Ainley for a number of years. They have... successfully dealt with my parent's wills and more recently the sale of 2 properties. The staff are exceptional and imparticular Cassie who took care of the whole process from start to finish whilst I was overseas. She diligently chased all third parties and kept me informed at all times. I would recommend North Ainley as they have proved themselves time and again over the last 10 years in all of my family's legal affairs.read more
    Idnan Ahmed
    Idnan Ahmed
    12:57 30 Nov 18
    Excellent service. handled my latest commercial purchase... professionally. Would recommend to anyone who is looking for a solicitors who are proffesional and easy to work with. Top service.read more
    Lucy Hoy
    Lucy Hoy
    16:39 27 Nov 18
    Excellent! Very friendly and fantastic communication... throughout. Nothing was to much trouble. Thankyou Vinesh and Cassie. Would definitely recommend.read more
    Anil M
    Anil M
    15:11 04 Nov 18
    Fantastic Solicitors firm. Very professional. Close to... Oldham Town Centre. Answer all your questions and concerns. Keep you upto date at every stage. I have used this firm for many years in buying and selling property. You can not go wrong using North Ainley Solicitors.read more
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