What is TOLATA?

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8 October 2021

Marriage is certainly on the decline; data from the office for national statistics shows that the latest marriage rates are the lowest on record.

Couples no longer consider it necessary to marry before they have children or buy property together; but what happens to jointly owned property in the event couples who are not married separate?

Most people in this situation are surprised to find out that the legislation in England and Wales which governs this situation is completely unrelated to Family Law and they are not protected by the Matrimonial Causes Act 1973.

The issue between the separating couple, would essentially be a dispute over property ownership; and, therefore, the legislation that assists is the Trusts of Land and Appointment of Trustees Act 1996 (also known as TOLATA).

What is TOLATA?

TOLATA gives Courts certain powers to resolve disputes about the ownership of property (or land).

Who can make an application?

An application is usually made by:

In addition, there are other parties that can make an application, such as a personal representative of a beneficiary; a trustee in bankruptcy; a judgement creditor with a charging order secured against the property; or a receiver; however, these are less common.

When can a TOLATA claim be issued?

A TOLATA claim can be issued:

To determine whether jointly owned property should be sold;
To determine the respective shares that each co-owner is entitled to;
To determine whether a party has a beneficial interest in the property, usually where that party’s name is not on the legal title and the legal owner is disputing the claim;
To determine whether property subject to a trust of land, should be sold on the application of a creditor or a beneficiary such as a parent/grandparent seeking to recover their financial interest in the property.

The Court is asked to determinewho are the legal and beneficial owners of a property, and in what proportions.

Limitations

TOLATA limits a court to deciding on co-ownership of property. It does not give the court the power to:

vary that co-ownership;
adjust the proportions that each person owns;
order that one party sells or transfers their share of the property to the other;
order one trustee to do something that they are not permitted to do under the terms of the trust; or
order that one party compulsory purchases the interest of the other party.

If you require any assistance in relation to jointly owned property, please contact Karen Watts on [email protected] or 01308 555639.

Richard Batterham – Obituary

By

Laura

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8 October 2021

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Richard Batterham, of Durweston, was one of the most revered potters of his time.
27th March 1936 – 7th September 2021

Richard Batterham in The Pottery – © Millie Pilkington

It was Donald Potter and Bryanston School that set Richard off on a lifetime’s work making pots. After school he studied for two years at the Leach pottery in St Ives, where he met fellow potter Dinah Dunn. They married and moved to Durweston, where they set up the pottery in which Richard worked for nearly 60 years. He made his last pots at the age of 82.

Richard sold his work at David Mellor and Joanna Bird in London, Simon Pearce in New York, and at Sladers Yard in West Bay. He had exhibitions across the UK and Europe. His exhibitions closer to home were often with artist Richard Bawden, his friend from childhood, or John Maltby, a long term friend and fellow potter and sculptor.

Many, many of his pots were sold directly from the pottery, and Richard formed close friendships with long-term customers. Their visits were nearly always accompanied by warm and wise discussions and a walk around the vegetable garden which formed as much a part of his life as the pottery.

Little changed at the pottery in those 60 years, apart from the ongoing development of his pots. The pottery gave several generations of family and visitors a huge stability, forming an integral part of their lives, reinforced with the daily use of his pots.Richard rang the bells at Durweston church for more than 40 years, he played Joseph in the Christmas play at Lower Berrycourt Farm for as many years, and he kept Bees until varroa struck.

He faded away peacefully at home on the 7th September age 85, after spending two years working with the V&A in London, planning an exhibition of ‘life in pots’ which will open on 26th November 2021 and will include a book to mark his life. This gave a focus to his reflections on a productive and extraordinary life once he was no longer able to make pots.He has been described as one of the ‘greatest artists of Modern times’ – an accolade he would have smiled at and just got on with making pots.

Dinah died in 2007. Richard is survived by their five children, Annabel, Imogen, George, Jessamine, and Reuben, by 15 grandchildren, one great-grandchild and by his brother David.

Help secure the future of British food

By

Editorial team

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7 October 2021

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Back British Farming! That’s our over-riding message – whether it’s to the public, Government or any policy holder who‘s decisions impact our farming businesses.

A field of hay bales near Milton Abbas in the rolling landscape of England’s Dorset Downs. Shutterstock

It’s the sixth year of the NFU’s big campaign ‘Back British Farming Day’, which is always held in September. The aim is to drive support for the British food and farming sector through simple actions like buying British produce, enjoying the countryside responsibly, and spreading the word with friends and family.

Why is this important?

The UK food and farming industry contributes more than £120 billion to the UK economy, with our farmers producing the raw ingredients for the food industry. Here in the South West (SW) we have over 1.7 million hectares of farmed land – that’s 1,700,000 rugby pitches! Every SW farm trades with an average of 48 other businesses, whether that’s tractor dealerships, animal feed companies or vets. The farmed landscape also makes a key contribution to the tourism industry by managing our glorious countryside. All in all, the value of farming to the South West’s economy stands at a gross output of £4 billion and a gross value added of £1.6 billion. So, yes it is important!

Reasons to be proud

This year on our Back British Farming Day on Wednesday 15th September, Jeremy Clarkson joined the NFU and thousands of farmers and growers, MPs, celebrities and members of the general public to take part in the annual celebration of British farming. You may have seen farming champions across the nation using the hashtag #BackBritishFarmingDay on social media with videos and pictures of why they were proud to produce the nation’s food. And quite right they are to be proud – British farmers produce some of the best food in the world. Not only is it delicious and nutritious, but it’s produced to incredibly high environmental, animal welfare, traceability, and food safety standards – something not every country is able to say.

Food self-sufficiency

Yet, over the past few years the country has watched its self- sufficiency drop from 78% in the mid-1980s to its current level of just 60%. As an island nation very well suited for quality food production, it would be a mistake to become even more reliant on the rest of the world to feed us. We would encourage you to add your support to our letter to George Eustice, the Secretary of State for Environment, Food and Rural Affairs, and ask him to keep food self-sufficiency levels above 60%: Help secure the future of British farming.

If our government truly backs the potential of British food and farming, the country could see huge benefits. British farmers could increase the industry’s economic contribution and provide more nutritious, affordable, climate-friendly British food for UK shoppers while bolstering domestic food security.

The Cheese Festival.

Our local office in Sturminster Newton was delighted to be supporting the Sturminster Newton Cheese Festival again the weekend before Back British Farming Day. The Festival has raised over £100,000 for local charities and organisations.

We were delighted that Dorset Tractors & Agricultural Equipment – CJ Cox Agricultural Engineers donated to our stand their striking pink tractor and the Gillingham & Shaftesbury Show their enormous floor tractor puzzles! Alongside our wooden milking cow “Daisy” we were able to entertain and talk farming to people of all ages and show where your food comes from, whether its wheat becoming bread, barley becoming beer or oats becoming your porridge.

Louise Stratton NFU Dorset County Adviser

Sponsored by Trethowans – Law as it should be

What are the benefits of leaving a gift to a charity in your Will?

By

Editorial team

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7 October 2021

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The philanthropy of give to charity aside, are you aware of the tax benefits of leaving money to Charity in your Will? Private Client specialist Lesley Eveleigh explains:

What are the benefits of leaving a gift to a charity in your Will?
Not only is a gift to charity free of inheritance tax (IHT), should you gift over 10% of your estate to charity and your estate is still subject to IHT, it will be charged at 36%, rather than the usual 40%.

What are the different types of legacy you can leave to a charity?
You can leave them a fixed sum of money, a particular asset, such as a shareholding or a house, or you can leave them a percentage of your estate.

Can you leave your entire estate to a charity? Can this be disputed?
In this country we have ‘testamentary freedom’, which means you are free to leave your estate to anyone you wish, including leaving everything to charity. However, potentially family members, anyone you have cohabited with over 2 years, and anyone who was financially dependent on you could make a claim against your estate under the Inheritance (Provision for Family & Dependents) Act 1975. Whether they are successful or not will depend on the circumstances.

How is your donation passed onto your chosen charity after your death?
Your Executor will need to account toa charity for your gift once they have access to your funds and after various
deadlines have passed. This is usually after they have obtained a Grant of Probate which can take some months. In any event, they should if possible account to the charity within one year of the date of death, otherwise ‘statutory interest’ is added to any fixed sum of money left to a charity (but not a share of your estate). This is known as the ‘Executors’ Year’.

How can a solicitor help you include a donation to a charity in your Will and ensure your wishes are carried out?
A solicitor can advise you on the best way to leave a gift to a charity. There are different implications for leaving either fixed sums of money, specific assets or a share of your estate and the procedures after your death and any costs associated with administering them, will be different. So it is important that you take professional advice. Your solicitor can also advise you on the IHT implications of leaving a gift to charity.

For further information please contact Lesley Eveleigh on 01935 846275 or email l[email protected]

How do I overwinter my elderly horse?

By

Editorial team

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6 October 2021

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Owning an older horse or pony is very rewarding. They are usually (but not always!) more sensible; if still actively working or competing, they know their job, and get on with it. Traditionally, a horse or pony was recognized as a veteran at just 15 years of age. These days, many horses do not reach their competitive peak until their mid-teens. Countless horses and ponies are still active well into their twenties and even thirties!

Senior horses will find it hard to keep warm during the winter months and so they will most likely need a rug and some sort of shelter. Rugs are great for the senior horse as they can lose weight quickly if they become cold. Please note that horses diagnosed with Cushings disease may get too hot in a thick rug, due to their hairy coats. Providing shelter, whether it be a stable or field shelter is also important as it will offer protection from the weather – sun, wind and rain.

A key factor in maintaining a healthy senior horse is nutrition.
As horses get older their digestive efficiency reduces, which means they absorb less protein and nutrients from their food. There is no one-size-fits- all option, so what you choose to feed should be adapted depending on their health and condition. If your horse is no longer able to eat hay, you will need to provide fibre through a hay replacer. Horses with dental problems may also require a special diet as they may find chewing difficult. Therefore, you will need to provide fibre that your horse can chew, to ensure they get the nutrients they need. We recommend doing an annual health check before the winter. An annual health check, provided by your vet, will ensure your horse is checked over thoroughly and allow them to diagnose any problems early.

What does an annual health check include?
• Body condition score – This will provide a baseline before you go into winter of where your horses’ weight is.

• Dental check – ensuring good dental health will help your elderly horse to properly digest their food and keep weight on in the colder months.

• Listen to heart and lungs – this helps to pick up any problems early on.

• Eye examination – especially important if your elderly horse is still ridden, this again can pick up any early signs of problems they may have.

• Blood sample – a general screen which often includes an assessment of red blood cell count, white blood cell count, protein levels, liver and kidney enzymes.

• Worm egg count – the vet can then advise on what wormer your horse may need.

If you haven’t already, do check the Damory Equine Team out on Facebook and Instagram for lots of information to help with the care of your horse.

We are currently running a great competition for one lucky elderly horse or pony!

by Julian Radburn BVM&S CertEM(IntMed) MRCVS Damory Clinic

Community in Sturminster Newton

By

Editorial team

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6 October 2021

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Sturminster Newton is a pretty market town and the ‘unofficial’ capital of the Blackmore Vale. It’s picturesque 1,00 year old mill on the River Stour is seen by all those passing the narrow arched bridge into the town. Once home to Thomas Hardy and Dorset dialect poet William Barnes, Sturminster Newton is a small town with a big community.

“The Boutique” in Market Cross is the renamed former “Community Chest” and contains a hoard of preloved ladies and children’s clothes and accessories. Renamed, but the same lovely quality clothes at fair prices.

The Emporium recently celebrated its first anniversary as a treasure trove of items looking for new homes. The Emporium offers china, glass, “collectables”, kitchen ware, children’s toys, books, music and much more, including now having a Gentleman’s Clothes Boutique with it own changing-room. The money raised from The Emporium and The Boutique is used for the benefit of the town – you will soon see a defibrillator appearing on the outside of the building.

The Emporium is a place for rehoming and also recycling. The plea from Shop Manager Cheryl Basten is “we want good quality goods to sell but our motto is that nothing goes to waste if we can possible avoid it. So please – remember us when you are having a clear out.”

So if clothes and goods are not of good enough quality to sell in the two shops they are sold on for recycling. The Emporium also saves milk bottle tops which go to a cancer charity, stamps which go to the RNIBm , batteries, bras (which go to women in the third world), glasses which are handed on to local opticians, printer ink cartridges, buttons which are put on cards for sale, old woollies which are made into gloves, broken jewellery which is used to decorate handbags.

The Emporium houses a community fridge with free food for anyone who wants to help themselves…..says Cheryl “ we take surplus food from The Pantry or food shops, including produce in season from out local gardeners and most recently free range eggs. So don’t be shy, come and help yourself and fight food waste”

Why you should take Pony Club Efficiency Tests

By

Editorial team

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5 October 2021

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The end of the summer holidays brings the Pony Club Efficiency Tests. Members will have been prepared while having fun at camps and endless rallies, and the nationally-recognised upper tests are excellent additions for CVs and Personal Statements.

The Pony Club (PC) Efficiency Tests provide a staircase of knowledge and progression when taken in sequence, starting from ‘E’ and going all the way up to the prestigious ‘A’ Test.

The PC training structure encourages members to take the tests, which enable them to learn progressively about horse and pony care and riding. The PC Efficiency Test levels are acknowledged as a high level of achievement worldwide and definitely worth attaining – if nothing else but as an additional valued qualification on your CV.

What is covered?

The level of knowledge required obviously increases as you work through the levels. For example, the ‘C+’ Test’s objectives are:

to become an educated and practical horseman
To ride over fences at all paces
To gain practical experience and knowledge of the care of a stabled pony and of a pony at grass
To be capable of riding a well-mannered pony in all Pony Club activities

• To ride intelligently and with due regard for others on the roads and in the country, and with a knowledge of pace, distance and discipline when riding alone and in groups.

The recommended minimum age is 14 years, and once you reach C+ level the exam is split into two sections: C+ Horse Care and C+ Riding. You need to pass both before progressing to either B test Riding or B test Horse Care. Once you have passed your C+ you can also do your UKCC level 1 coaching certificate and start assisting in instructing.

How do I book a test?

That depends on the level: • E, D, D+, Road Rider, C and C+ Tests.
These are organised by Branches and Centres – contact your DC, Chief Coach or Centre proprietor if you’d like to book on to one of these. • B, B+, Lungeing and AH Tests. These are organised by your club’s Area Representative
– get in touch with them if you’d like a book a test. • A Test These are booked centrally via the national Pony Club Office. Visit the A Test Training and Test Days page for more details on this much sought after (and recognised worldwide) award.

By: Sara Greenwood

Stud Life | October 2021

By

Editorial team

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5 October 2021

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Lucy Procter, co-owner of the Glanvilles Stud, shares a diary of life on a Thoroughbred stud.
This month – pregnancy checks and floating teeth.

October 1st is a key date in the Thoroughbred breeding industry. That’s the date when mare owners are contracted to inform the stallion owners whether their mare is still in foal. If a vet confirms a live foetus is present on 1st October, the stallion covering fees become due.

Monday saw us busily bringing mares in from the fields and our vet carrying out an internal examination on each one to confirm their pregnancy. Thankfully they were all in foal – except for the sixteenth mare we brought in. We’d forgotten she had been left empty and we’d loaded her into the stocks in error. And yes, it is she who is looking somewhat surprised in the photograph!

They shake hands with you

Internal examinations are routine, and most of the mares don’t object. For safety it’s usual to use stocks to help prevent the vet getting kicked, but if a vet is checking just one mare they can be examined in a stable if they are quiet enough, or over a stable door. The vet puts on a long, plastic examination glove, lubricates his hand with gel and inserts it into the mare’s rectum. In early pregnancy the foetus is detected using a scanner and internal probe, but at several months old the vet can manually palpate the mare’s uterus via the rectum; “As the pregnancy progresses, some are really easy to detect – they shake hands with you!’ says Paul Legerton our vet as he grapples with yet another leg.

Horses need regular dentist checks too.
Another job for the morning was a mouth flush for one of our broodmares that had been identified with periodontal disease in February. Now post- surgery she was having the first of what will for her be routine, six-monthly veterinary checks. Normally, food and bacteria do not accumulate between a horse’s teeth. Sometimes, though, just as in humans the teeth grow slightly wonkily* , resulting in gaps which food can pack into. This will cause decay, painful pockets in the gums and ultimately displacement of one or more teeth, thus increasing the size of the original pocket and setting up a vicious cycle of dental issues which can become extremely painful if left untreated. We ask the vet to carry out regular, 6-18 month teeth checks on all our broodmares, with the frequency depending on age and any previous issues.

Floating a horse’s teeth

Sharp edges are a result of the natural eruption of equine teeth; coupled with reduced grazing compared to a horse living wild and, if teeth are not rasped smooth by an equine dental professional (‘floating’ – see picture), may cause discomfort when eating. This might cause the mare to reduce her overall feed intake or, if the mare is in pain, it might make her disinclined to eat much at all. This will obviously affect not only the condition of the mare, but may also result in a small, poorly nourished foal.

The Glanvilles fitness regime

Having breathed a sigh of relief that all mares were in foal, we gave them all their Autumn tapeworm dose, measured a couple of the foals who had come in and returned the mares to their fields. With the furthest field half a mile up the track

and each girl leading only two mares at a time, that was a lot of walking. With each of us clocking well over 20,000 steps on a daily basis, we’re all pretty fit here at The Glanvilles Stud!

(*technical Vet’s term! – Ed)

Sturminster Newton Job Fair

By

Editorial team

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5 October 2021

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Stur is holding a Job Fair on Thursday 21^st October (The Exchange 10 a.m. – 2p.m.) offering opportunities to job seekers and volunteers. Local businesses and voluntary bodies report that they are struggling to find workers and SturBiz (Sturminster Newton Chamber of Commerce) has responded by setting up a Job Fair to bring them together.

If you are considering self-employment or have a new business idea, then this event is for you. If you’re looking to gain new skills and training, you’ll be able to talk to someone about this. May be you have time to spare for voluntary work, or want to expand your CV – come and see what is on offer.

This event provides access to a wide variety of businesses and organisations offering:

employment
volunteer roles to aid job or career enhancement, or social use of spare time
career opportunities and advice
training

As an employer or volunteer organisation this event provides the following opportunities:

speak face to face with jobseekers / potential volunteers
engage in mini interviews on the day
great networking opportunities
business support, including start up
access to training information and grants
meet potential employees / volunteers and raise awareness of your company or
organisation

Within a week, this FREE event, had already secured 16 exhibitors with many more to follow.

This is a “one stop shop”, where job seekers and career changers can meet employers face to face offering job opportunities within a wide variety of industries including manufacturing, hospitality, service, retailing, engineering, administration, transport and I.T.

To find out more and to book a place use this link – Job Fair Sturminster Newton

SturBiz is the Chamber of Commerce for Sturminster Newton and area and has been working hard to keep Stur. thriving through Covid. SturBiz is the organisation behind a number of events and activities held this year, including the Sturminster Newton Art-week, Scarecrow Festival and Sturminster Summer Fete. SturBiz employs Jacqui Wragg as its Coordinator, working from an office above The Emporium. Says Jacqui “from a room affectionally named the ‘Ideas Factory’, we respond through local intelligence to community and business needs, to make Stur a good place to live, work and play – the town which always smiles”.

One fun event coming up is Stur.’s celebration of National Poetry Day, in The Exchange on Thursday 7^th October 7.00 p.m. – for further information see the Sturminster Newton Literary Festival facebook entry.