News

Will Trusts – making sure you appoint the right trustees

• Mon 9^th March 2020
• Wills & Mental Capacity

So you’ve made a Will and decided to include a Will Trust as the best way to protect your assets for those you are leaving behind? The next step is to choose your trustees and crucially, write a separate and detailed Letter of Wishes covering all realistic eventualities to go with your Will. This is […]

Will Trusts – should you consider one?

• Wed 4^th March 2020
• Wills & Mental Capacity

The evolving nature of modern day life means more and more people are now choosing to include a trust in their Will. This is due to a number of factors including an increasingly affluent older generation and a sharp rise in the number of second marriages with, as a result, more complicated family structures. The […]

Islamic faith marriage alone not valid under English law

• Mon 2^nd March 2020
• Family & Divorce

An Islamic couple who marked their wedding with a traditional ‘nikah’ ceremony but without a civil service were never legally married, the Court of Appeal has decided in a landmark case. It ruled the marriage was ‘invalid’ under English law as the ‘nikah’ wedding was a ‘non-qualifying ceremony’ with no legal effect. This was because, […]

He told me to keep his money or give it away says brother of man who died without a Will

• Mon 24^th February 2020
• Probate Disputes, Wills & Mental Capacity

The chaos you can leave behind when you die without a Will has been graphically illustrated by a recent case at the High Court. Mick Ivory died in November 2018 and, according to his brother Peter, it was his dying wish that the rest of his family didn’t get a penny. “There’s no money left […]

Uncaring daughter’s attempt to overturn mother’s Will fails in High Court

• Wed 19^th February 2020
• Probate Disputes, Wills & Mental Capacity

A mother whose daughter showed ‘very little care for her’ had every right to leave her virtually nothing in her Will, the High Court has ruled. Maudlin Bascoe left a note with her Will which made it crystal clear how she felt about two of her daughters, Patricia Johnson and sister, Beverley Smith who died […]

Can my employer force me to retire?

• Tue 18^th February 2020
• Business Employment, Employment, News

It’s no longer legal for an employer to make you retire at 65, or any other age, unless it can objectively prove there is a real business need for you to do so. However, as the recent case of an academic forced to retire before his 70th birthday shows, any employer attempting to impose a […]

Appeal Court victory for son cut out of mother’s Will

• Thu 13^th February 2020
• News, Probate Disputes

A son left with nothing after his late mother disinherited him and sold the family home she’d always promised him, has won his case in the Appeal Court. Professor Christopher Gosden brought a negligence claim against his mother’s solicitors, on the basis that they had failed to register a legal restriction which would have prevented […]

New paid leave rules for bereaved parents

• Tue 4^th February 2020
• Employment

Working parents who lose a child will be entitled to up to two weeks paid bereavement leave from 6 April 2020. According to the government, this makes the UK the most generous country in the world when it comes to statutory parental bereavement leave. Many countries provide no paid parental bereavement leave at all and […]

How this costly dispute underlines the importance of a cohabitation agreement

• Thu 30^th January 2020
• Cohabitation

An unmarried couple who failed to set out in writing how the family home was to be divided if they split, have had their fate decided by a county court judge. Kim Springall argued that the £1.5 million property purchased near Croydon in 2007 was all hers. She said it had been put in her […]

Intestate estates – spouses and civil partners will inherit more

• Mon 27^th January 2020
• Probate, Wills & Mental Capacity

The amount that spouses and civil partners with children can inherit if their partner dies without a valid Will in place is to be increased from next month. From 6 February, the fixed sum paid to the surviving spouse or partner of someone who dies ‘intestate’ – in other words, without having made a Will […]

Landlords: Key dates in 2020

• Fri 24^th January 2020
• Conveyancing, News

Keeping on top of the latest legal changes when it comes to landlord and tenant law is crucial – so here’s our guide to some important dates for your diary. 20 March 2020 – human habitation laws extended The Homes (Fitness for Human Habitation) Act 2018 is extended to new and renewed periodic and secure […]

Have you been mis-sold a Self-Invested Personal Pension?

• Wed 22^nd January 2020
• Disputes

With a much wider investment choice than a traditional private pension scheme, a Self-Invested Personal Pension (SIPP) can offer flexibility with investments. They allow people to invest in commercial property, stocks and shares on HMRC recognised UK or overseas stock exchanges, unit or investment trusts, cash deposits or even gold bullion. Individuals can transfer pension […]

Inheritance disputes – can I get interim payments to help me during my claim?

• Tue 21^st January 2020
• Disputes

For those who feel they have not been fairly provided for in a loved one’s Will, the prospect of bringing a long and potentially costly claim under the Inheritance Act can be a daunting one. When there is a dispute over someone’s estate, inevitably it takes even more time than usual to release funds. This […]

Haven’t been paid your wages? What to do next

• Fri 17^th January 2020
• Employment

January can be a challenging time of year with finances commonly stretched over the Christmas period. For those who are unpaid or underpaid during that time, the effects can be frustrating at best and devastating at worst. Broadly speaking, it is against the law for your employer not to pay your wages. What are wages? […]

Ethical vegans protected from discrimination at work

• Thu 16^th January 2020
• Employment

A landmark ruling that ethical veganism is a ‘philosophical belief’ is likely to have far reaching implications in the workplace. ‘Ethical vegans’ are people who not only follow a plant-based diet but try to exclude all forms of animal exploitation from their lifestyle. They now have the right to the same legal protection as people […]

Why making or reviewing your Will is not something to put off till tomorrow

• Wed 15^th January 2020
• Wills & Mental Capacity

Making a Will is one thing, getting it right is another – as the growing number of inheritance disputes between family members shows. Whilst more than half of all British adults still haven’t made a Will, of those who have, around 54 per cent have never got round to updating it – despite major life […]

Protecting the family firm with a financial Lasting Power of Attorney

• Mon 6^th January 2020
• Wills & Mental Capacity

When it comes to a family business, taking steps to protect its future by appointing a financial Lasting Power of Attorney can be a vital safeguard. Without one, the effects on a business can be catastrophic if a key director or shareholder suddenly becomes mentally incapacitated through an accident or illness. It could mean the […]

I want to divorce my same sex partner. Where do I start?

• Thu 2^nd January 2020
• Family & Divorce

The number of same-sex marriages ending in divorce is continuing to rise, according to the Office for National Statistics. A total of 428 same-sex couples divorced last year compared to 338 in 2017, an increase of more than a quarter and the third consecutive annual rise since figures on same-sex divorce were first collated in […]

Delicate discussions – talking to your parents about a Lasting Power of Attorney

• Thu 19^th December 2019
• Wills & Mental Capacity

It’s not an easy conversation to have – talking to your elderly parents about a time when they may not be able to look after themselves. That’s why so many of us put it off. We don’t want to upset them. We don’t want to talk about death. We don’t want to appear negative or […]

An office romance – could it affect your career?

• Wed 18^th December 2019
• Business Employment, Employment

Barack and Michelle Obama met at work. So did Bill and Melinda Gates, not to mention Brad Pitt and Angelina Jolie. Considering how much time we spend with our colleagues it’s hardly surprising that so many love matches are forged in the workplace. A recent survey by Totaljobs found that 22 per cent of people […]

Inheritance disputes – Court of Appeal allows another late claim

• Tue 17^th December 2019
• Probate Disputes

A disabled widow facing homelessness has been given permission by the Court of Appeal to bring a claim against her late husband’s estate despite missing the legal deadline to do so by a year. The court, overturning a previous judgement, declared it was ‘just and proper’ in the circumstances to give 60-year-old Ms Suriya Begum […]

Why you should never store your Will in a bank safety deposit box

• Tue 17^th December 2019
• Probate, Wills & Mental Capacity

The importance of making sure your Will is safely stored and easily accessible has been highlighted by the failure of Lloyds Bank’s to return 9,000 Wills, held as part of its ‘safe custody’ service, to the families of deceased customers. The mistake means that hundreds of bereaved families may have administered a deceased relative’s estate […]

“He didn’t want to be here” – how a Lasting Power of Attorney meant one man’s final wishes could be respected

• Wed 4^th December 2019
• Wills & Mental Capacity

If Bradley Visser had not given his wife Lasting Power of Attorney status, he could still be alive today – severely brain damaged, unable to enjoy his life and family in the way he wanted and denied his wish to ‘die with dignity’. The 38-year-old father of two young children suffered a traumatic brain injury […]

Parental alienation – why spotting the warning signs early is so crucial

• Tue 3^rd December 2019
• Family & Divorce

When couples separate, the impact on their children can be huge – particularly when one parent deliberately tries to sabotage the other parent’s relationship with their children This is not just parents being difficult with other.  At its most serious, this is known as parental alienation and a recent court case, albeit extreme, underlines just […]

Executors – what to do if you can’t find a beneficiary

• Thu 21^st November 2019
• Wills & Mental Capacity

Being the executor of an estate under a Will can be complicated and demanding at the best of times – but particularly so when you can’t track down one of the beneficiaries. In this scenario, it is important to take specialist legal advice to ensure that you as executor do not become personally liable to […]

Employers: Do your workers use display screen equipment?

• Wed 20^th November 2019
• Business Employment, Employment

Rules to protect the health and safety of employees who regularly use computers, laptops, tablets and smartphones at work are now in force. The Health and Safety (Display Screen Information) Regulations apply to employers whose workers use display screen equipment (DSE) for an hour or more at a time on a daily basis. This covers […]

Happy New Year for opposite sex couples who want a civil partnership

• Tue 19^th November 2019
• Cohabitation, Family & Divorce

Opposite sex couples will be able to enter into a civil partnership from 31 December this year. The House of Lords, in one of its final acts before parliament was dissolved for the general election on 12 December, approved the final orders for the Civil Partnerships, Marriages and Deaths Act to be implemented. As a […]

Parental responsibility – what rights does it give me?

• Tue 12^th November 2019
• Family & Divorce

Co-parenting after a relationship ends can be tough – especially if you don’t always see eye to eye on what is best for your child. Things can get particularly tricky when one parent wants to change the child’s school, for instance, take them on an extended holiday or even change their surname to reflect new […]

Court of Appeal: part-year workers should not have their holiday pay pro-rata

• Mon 11^th November 2019
• Business Employment, Employment

Holiday pay for staff who work irregular hours for part of the year should not be pro-rated, the Court of Appeal has ruled in Brazel v The Harper Trust (UNISON intervening) (2019) EWCA Civ 1402). It is a landmark decision which could affect thousands of people, including many teachers and school staff employed on zero […]

Another farming family torn apart by a bitter inheritance dispute

• Thu 7^th November 2019
• Disputes, Probate Disputes

A daughter who worked long hours for low wages on the understanding she would one day inherit a significant part of the family farm has been awarded more than £1 million in compensation. The Court of Appeal upheld a High Court decision that promises and assurances made to Lucy Habberfield by her father before his […]

Good news: ‘No fault’ divorce bill back on the parliamentary agenda

• Wed 6^th November 2019
• Family & Divorce

The widely supported ‘no fault’ divorce bill, dropped when parliament was prorogued last month, has made a welcome return after it was included in the latest Queen’s Speech. Family law experts feared the long awaited Divorce, Dissolution and Separation Bill, which was automatically jettisoned when parliament was suspended, would be killed off in the process. […]

Pop-up shops – not just for Christmas

• Mon 4^th November 2019
• Commercial Property

Christmas is coming and without doubt bringing a new selection of pop-up shops to a high street near you. From pubs to cafes, fashion to make-up outlets, lifestyle to charity shops, the rise of pop-up shows no sign of slowing as the face of British retail continues to change. The UK pop-up industry is currently […]

Mobile phones and driving – know your facts

• Thu 31^st October 2019
• Accidents & Injuries

As the government contemplates extending the ban on using mobile phones while driving to hands-free devices, the latest research dramatically highlights just how many people are already breaking the current law. A survey by the RAC published this year found that a quarter of drivers across all age groups – that’s the equivalent of 10 […]

Don’t want to leave your estate to your children? Make sure your Will is watertight

• Wed 30^th October 2019
• Probate, Wills & Mental Capacity

Being crystal clear in your Will about who is to inherit your estate is always important but never more so than when you don’t intend to leave it to your family. In these situations, taking specialist legal advice to make sure your Will is watertight is vital and to ensure that as far as possible, […]

Don’t lose your decree absolute

• Wed 30^th October 2019
• Family & Divorce

We’ve all done it. Pushed to the back of a drawer a document which we know is important but which we’d frankly rather forget all about. But a recent case, in which James Power could not find his decree absolute almost 20 years after his divorce, serves as a reminder of how keeping this vital […]

Post-nuptial agreements – ‘life insurance’ for your marriage?

• Mon 28^th October 2019
• Family & Divorce

An increasing number of couples are entering into post-nuptial agreements, sometimes many years into their marriage, to set out exactly who gets what if they divorce. The rise in second marriages and more complicated family structures is undoubtedly a contributing factor with solicitors seeing around four times as many couples seeking post-nuptial agreements, known as […]

Compensation for passenger who slipped on aircraft steps

• Thu 24^th October 2019
• Accidents & Injuries

An airline which argued that a passenger’s headfirst fall down icy, snow-covered steps as he left an aircraft did not amount to an accident has been ordered to pay him more than £100,000 in compensation. Essex businessman Carmelo Labbadia, 77, broke his right shoulder and pelvis when he fell down the steps of an Alitalia […]

Buying a property with an agricultural tie

• Wed 23^rd October 2019
• Conveyancing

An attractive rural property for sale at less than the usual market price can seem like an unexpected bargain – until you find out it comes with an agricultural occupancy condition, more commonly known as an ‘agricultural tie’. Agricultural Occupancy Conditions (AOCs) were brought in after World War II to keep rural housing affordable for […]

Executors: make sure probate property is still insured

• Mon 21^st October 2019
• Probate, Wills & Mental Capacity

Being the executor for someone’s estate after they die carries many responsibilities – not least, making sure that any unoccupied property is effectively insured. Obtaining probate can sometimes take time and insuring the property can easily be overlooked. However, it is vitally important to ensure that the assets of the estate – and the property […]

Could your family be due an inheritance tax refund?

• Thu 17^th October 2019
• Probate, Wills & Mental Capacity

Falling house prices mean that families who have paid more inheritance tax than they needed to may be due a refund. In the five years to June 2018, around 15,000 families applied for an IHT refund after homes they inherited ending up selling for less than they were valued for at probate. A general ongoing […]

Deputyship refunds owed to thousands

• Wed 16^th October 2019
• Court of Protection

A large number of people who had deputies appointed for them by the Court of Protection may be owed a government refund of more than £700. The move comes after a Ministry of Justice review found around 82,000 people had been overcharged in fees between 1 April 2008 and 31 March 2015. Mental capacity A […]

Probate fee increases ditched

• Tue 15^th October 2019
• Probate, Wills & Mental Capacity

The threat of a ‘stealth death tax’ which has been hanging over grieving families since 2017 has finally been lifted for good. At long last the government has scrapped proposed fee increases for probate with the Justice Secretary, Robert Buckland, admitting that charges must be ‘fair and proportionate’. The move follows massive opposition from many […]

Need a private water supply from a borehole?

• Fri 27^th September 2019
• Conveyancing

If you are purchasing a property in a rural area, there may not be a public water supply available and you may need to access a private water supply, usually from a borehole. A borehole is a narrow, deep hole used to extract water from a water source running under the ground and specialist advice […]

Exchanged contracts but the seller has died – what happens now?

• Thu 26^th September 2019
• Conveyancing

Thankfully, this situation does not occur very often. However, it can lead to confusion for buyers when it does. Once contracts have been exchanged, there is a binding contract between the buyer and the seller. The death of one of the parties does not change this but ultimately, it will be the personal representatives or […]

Playback time – is it ok for an employee to secretly record a disciplinary meeting?

• Fri 13^th September 2019
• Business Employment, Employment

Now that mobile phones make it easy to record meetings, employment tribunals often find themselves considering evidence in this format. A growing number of employees now covertly recording meetings with employers, and important clarification on the legal issue has been issued. The Employment Appeal Tribunal (EAT) has stated that ideally the party making the recording […]

Planning a wedding? Make sure you know about marriage registration changes

• Thu 12^th September 2019
• Cohabitation, Family & Divorce

A major overhaul of the way marriages are to be registered could be introduced as soon as this year with potentially huge implications for some newlywed couples. Most people know that the new Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 will allow opposite sex couples to enter into civil partnerships. What is less […]

Is it a gift or a loan? When the ‘Bank of Mum and Dad’ helps out

• Wed 11^th September 2019
• Conveyancing

According to recent reports, not all cases where parents lend their children money to buy homes are ending well with an increasing number ending up in court. The so-called ‘Bank of Mum and Dad’ is now the UK’s 10th biggest lender involved in one in five property transactions, lending an estimated £6.3 billion to family […]

Number of cohabiting couples overtakes married couples

• Tue 10^th September 2019
• Cohabitation, Wills & Mental Capacity

As Boris Johnson and his partner Carrie Symonds become the first unmarried couple to live together in 10 Downing Street, new research conveniently shows that cohabiting couples are now the UK’s fastest growing family type. In fact, according to the latest figures from the Office for National Statistics, the number of people cohabiting has risen […]

Making a Will for a second marriage when you have children from a first

• Mon 9^th September 2019
• Wills & Mental Capacity

Many people who get married for a second time have children from a previous relationship meaning keeping everyone happy in their Will can be a tricky exercise. But the importance of getting it right now to avoid the potential of a costly and stressful family dispute later, cannot be over-emphasised – as the highly publicised […]

Why keeping your Will up to date is so vital

• Tue 3^rd September 2019
• Probate Disputes, Wills & Mental Capacity

Great – you’ve made a Will. You’re ahead of the 31 million UK adults who still haven’t got round to it. But did you know, it’s almost as important to regularly update any Will to make sure that it continues to reflect what you want to happen to your estate after you die as well […]

Cohabitee wins right to late partner’s military pension

• Wed 28^th August 2019
• Cohabitation

A woman refused her late partner’s military pension because she was still technically married to her estranged husband has won a landmark victory for cohabiting couples in the Court of Appeal. Appeal judges unanimously overturned a previous decision allowing Jane Langford to claim under the armed forces compensation scheme in a ruling likely to have […]

Can’t find a loved one’s original Will after they die? What to do next

• Tue 27^th August 2019
• Probate, Wills & Mental Capacity

Searching in vain for a loved one’s original Will when you are the executor can be a stressful experience. The law demands that you submit the original Will to be proved when you apply for probate at the Probate Registry – this basically means getting the required permission to deal with and distribute the estate […]

Inheritance disputes – Court of Appeal gives another late claim the go-ahead

• Wed 21^st August 2019
• Probate Disputes

The Court of Appeal has overturned a ruling which refused a widow permission to claim from her late husband’s estate because she had applied late. In what is considered a landmark decision, Lady Justice Asplin said that the High Court had been ‘plainly wrong to come to the conclusion it did’. She gave Mary Cowan […]

GDPR requests for workplace personal data – faster response times now required

• Tue 20^th August 2019
• Business Employment, Employment

An employer must now respond to a request for personal information, known as a data subject access request (DSAR), ‘without undue delay’ and within at least a month of receiving it. In some cases, for example particularly complex requests or when one person has made several applications, the response time can be extended to two […]

Want to leave a conditional gift in your Will? Make sure it’s correctly drafted

• Wed 31^st July 2019
• Probate, Wills & Mental Capacity

Careful consideration is vital when leaving someone a gift with conditions attached in your Will. This is to make sure you don’t create potential problems for those you leave behind. A recent High Court case has shown how even the best intentions can go awry if you don’t regularly review and update your Will and […]

Grandparents: Access to grandchildren when the parents split

• Tue 30^th July 2019
• Family & Divorce

More grandparents than ever before are going to court for the right to see their grandchildren, recent figures reveal. Statistics from the Ministry of Justice (MoJ) show that grandparents applied to family courts for almost 2,000 child arrangement orders in 2016 compared to 1,617 applications in 2014. Close bonds with grandchildren are more and more […]

Claudia’s Law – long awaited legal lifeline for families of missing people

• Wed 24^th July 2019
• Court of Protection, Wills & Mental Capacity

A new law enabling the families of people who have gone missing to apply for powers to look after their financial and legal affairs whilst they’re gone, comes into force at the end of this month (31 July 2019). Claudia’s Law, named after the chef Claudia Lawrence who disappeared in 2009, creates a new legal […]

Which parent died first? High Court asked to decide in inheritance dispute

• Mon 22^nd July 2019
• Probate Disputes, Wills & Mental Capacity

The stepdaughters of an elderly couple found dead in their home are locked in a bitter High Court battle over who is to inherit their estate. The question of which parent died first is critical to the outcome. John Scarle, 79, and his wife Ann, 69, died from hypothermia in October 2016. They were not […]

Public asked for views on extending civil partnerships

• Thu 18^th July 2019
• Family & Divorce

Heterosexual couples may soon be offered the chance to ‘convert’ their marriage to a civil partnership. The Government Equalities Office has launched a public consultation to see how best to enable opposite-sex married couples, previously denied the opportunity to opt for a civil partnership, to swap the status of their relationship if they wish. The […]

Employers must pay agency workers the same as direct recruits

• Wed 17^th July 2019
• Business Employment, Employment

A major change in employment law aimed at improving the rights of agency workers is to come into force next April. The Agency Workers (Amendment) Regulations 2019 repeals what is known as the ‘Swedish derogation’ contract commonly used to employ at least ten per cent of the UK’s 800,000-plus agency workers. The change will affect […]

Rip it up and start again? How to safely revoke or change your Will

• Fri 12^th July 2019
• Probate, Wills & Mental Capacity

So you want to make some pretty major changes to your Will? No problem – but the key is making sure you do it in a legally safe way – as a recent case highlights. The family of Mrs Agnes Moore, who died in 2016 aged 81, ended up in the High Court after her […]

Supreme Court rules on landmark non-compete clause case

• Wed 10^th July 2019
• Business Employment, Employment

In what is being seen as a victory for employers, the Supreme Court has upheld a non-compete restriction in the contract of an employee who left her job and went to work almost immediately for a rival company. Tillman v Egon Zehnder Limited is the first employment competition case to reach the Supreme Court in […]

Protecting the family farm with a pre-nuptial agreement

• Tue 9^th July 2019
• Family & Divorce

More and more farming couples are signing pre-nuptial agreements as a way to preserve wealth and ring-fence assets that have been in the family for generations. Farms tend to be much more than a business. They also encompass the family home and a way of life with close as well as extended family, often with […]

Injured in a car accident on private land? You may be able to claim compensation

• Fri 5^th July 2019
• Accidents & Injuries

A man who was left paralysed after being run down and struck by an uninsured driver on private land is to receive substantial damages after winning a landmark case. In a decision which has huge implications for the motor insurance industry, the Court of Appeal has confirmed a High Court decision to extend compensation rights […]

Making decisions for young adults with learning difficulties – who knows best?

• Thu 4^th July 2019
• Court of Protection, Wills & Mental Capacity

It’s a Court of Protection decision that has been long awaited by parents of children with severe learning difficulties who want to be allowed to continue to make health and welfare decisions on their behalf after they reach the age of 18. The emotive test case was brought by the families of three young people […]

Take out insurance says cyclist facing huge costs award

• Wed 3^rd July 2019
• Accidents & Injuries

A cyclist confronted with an enormous legal bill after colliding with a pedestrian who was looking at her mobile phone at the time, has urged other bike riders to take out insurance ‘to help protect them from experiencing what I’ve gone through’. Robert Hazeldean says he now faces bankruptcy after being ordered to pay £4,161 […]

Don’t be like Prince – make a Will

• Tue 25^th June 2019
• Probate, Wills & Mental Capacity

When the singer Prince died without leaving a Will, few could have foreseen the extent of the complications and chaos that were to follow. Three years on from his untimely death in April 2016 at the age of 57, and the wrangles and in-fighting between his beneficiaries and the person appointed by the courts to […]

Why it’s vital to establish mental capacity when making a Will

• Tue 18^th June 2019
• Wills & Mental Capacity

When you make or change your Will, the law requires you to understand exactly what you are doing, who you are leaving your estate and personal possessions to and the full implications of this. In legal parlance, it’s known as being ‘of sound mind’ and in a world where the number of Wills being challenged […]

Second marriage? Put a pre-nup on your wedding list

• Thu 13^th June 2019
• Family & Divorce

More people than ever before are getting married for a second or even third time – and as a result, there has been a significant increase in couples who want the security of a pre-nuptial agreement before they tie the knot. An astonishing 40 per cent of all weddings in the UK are second or […]

Construction industry – take care when starting work with a ‘letter of intent’

• Tue 4^th June 2019
• Business Disputes

The far reaching implications of a ‘letter of intent’, and the potential liability which may arise as a result, have been highlighted after the Court of Appeal decided that a 15-year-old letter between an employer and a contractor did indeed amount to a contract. The case – Arcadis Consulting (UK) Ltd v AMEC (BCS) Ltd […]

Gifts and payments – just what can you do under a Lasting Power of Attorney?

• Wed 29^th May 2019
• Probate, Wills & Mental Capacity

Being appointed to act as someone’s attorney under a Lasting Power of Attorney is a big responsibility – not to mention potentially fraught with issues, particularly when it comes to the complex area of making gifts on that person’s behalf. The bottom line is that whilst some gifts, such as a small birthday present to […]

Need to contest a DIY Will? You are not alone

• Tue 28^th May 2019
• Disputes, Probate Disputes

The significant rise in inheritance disputes between family members has been further fuelled by the increasing number of people opting to make DIY Wills. The number of these sorts of disputes ending up in the court room has increased by 62 per cent over two years with the growing popularity of DIY Will writing kits […]

Aretha Franklin’s handwritten Wills – don’t make the same mistake

• Thu 23^rd May 2019
• News, Probate, Wills & Mental Capacity

It was thought that singing legend Aretha Franklin had died without leaving a Will – until three homemade and handwritten versions, one found tucked behind cushions in her living room, were reportedly discovered at her Detroit home recently. A court hearing is scheduled for next month to try to establish which, if any, of the […]

Making gifts to your family – don’t get it wrong when it comes to Inheritance Tax

• Wed 22^nd May 2019
• Probate, Wills & Mental Capacity

Inheritance Tax (IHT) is not only controversial but incredibly complex and as a result, widely misunderstood – especially when it comes to getting your head around exactly what and how much you can gift to your family. Figures obtained by The Daily Telegraph though a Freedom of Information request show that HMRC has claimed £372 […]

Why a DIY Will can be an expensive mistake

• Tue 21^st May 2019
• Probate, Wills & Mental Capacity

The potential danger of DIY Wills has been highlighted by a significant surge in the number of disputes ending up in the court room. There has been a dramatic 62 per cent increase over two years with 368 disputes about probate – the legal process for executing a Will – heard in the High Court […]

Disputed Will – Sisters say wealthier brother should inherit less than them

• Tue 21^st May 2019
• Probate Disputes

Just how complicated things can get when there is a breakdown in family communication has been highlighted by one of the latest inheritance disputes to reach the High Court. Sisters Jennifer Penny and Catherine Kennard have asked a judge to rule in favour of an earlier Will that left them 40 per cent each of […]

Contractors: keep an accurate written brief or risk being found professionally negligent

• Mon 20^th May 2019
• Business Disputes, Disputes

In a case which emphasises the vital importance of contractors keeping accurate and up-to-date written project briefs, an architect who kept inefficient records has been ordered to pay a homeowner £500,000 due to his professional negligence. The row centred around a home cinema which was supposed to look like a glass box ‘floating’ in the […]

Farming family inheritance fallouts – disputes on the rise

• Tue 14^th May 2019
• Probate Disputes

An increasing number of people are ending up in court claiming a promise that they will one day inherit the family farm has been broken. The latest case involves dairy farmer’s son, Andrew Guest, who was awarded a £2.7 million share of the family farm, land and business by a Bristol High Court judge even […]

‘Wake up call’ for private sector as museum guides declared workers by court

• Mon 13^th May 2019
• Business Employment, Employment

In a potentially ground breaking case, a group of museum art experts and educators have won the right to be recognised as workers in the first public sector case of its kind. It is just the latest in a string of cases about employment status – including Uber, Hermes, CitySprint and Pimlico Plumbers – which […]

New baby like Meghan and Harry? Why it’s time to make a new Will

• Thu 9^th May 2019
• Probate, Wills & Mental Capacity

The arrival of a new baby is an incredibly emotional and exciting time for parents – as Harry and Meghan are no doubt finding out. But when the dust settles, and life returns to some semblance of normality – sleepless nights and nappy changing aside – it’s time to make sure your child is provided […]

Lasting Power of Attorney – why getting the paperwork right is so crucial

• Wed 8^th May 2019
• Wills & Mental Capacity

The importance of making sure Lasting Power of Attorney paperwork is carefully and precisely drafted has been underlined by the highlighting of an issue which could leave many people unwittingly denied access to their money and investments. A record number of people, worried about losing mental capacity in the future, are now handing over control […]

When farming couples split – tackling the problems of a complex divorce

• Tue 7^th May 2019
• Family & Divorce

Getting divorced can be complicated – and never more so than when it comes to a farming divorce. Currently, 42 per cent of all marriages end in divorce and there are a number of factors which make farming couples particularly vulnerable to relationship breakdown including long hours, money worries, stress and social isolation. Add to […]

Will your pre-nuptial agreement stand the test of time?

• Thu 2^nd May 2019
• Family & Divorce

More couples than ever before are signing pre-nuptial agreements before getting married or entering into a civil partnership. This includes couples seeking to preserve inherited wealth, those in second marriages wishing to protect what they are bringing to the new relationship and wealthy couples who marry late and want to protect wealth they have created […]

Registration of Lasting Powers of Attorney hits new high

• Wed 1^st May 2019
• Wills & Mental Capacity

A record number of people, worried about losing mental capacity in the future, are handing over control of their financial, legal and health-related decisions to family members. Last year, the number of newly registered Lasting Powers of Attorney (LPAs) hit a new high of 800,400, compared to 273,600 in 2013, reflecting, many believe, the concerns […]

How leaving money to charity in your Will can lower your inheritance tax bill

• Tue 30^th April 2019
• Probate, Wills & Mental Capacity

Gifting money to charity in your Will can reduce your inheritance tax (IHT) bill – and in some, albeit rare cases, get rid of it all together. All charitable giving is tax free and gifts to UK charities are exempt from IHT. So, when you include a charity in your Will, the amount you donate […]

Compensation for Weston-super-Mare cyclist injured in ‘car dooring’ accident

• Thu 25^th April 2019
• Accidents & Injuries

Wards Solicitors’ Personal Injury specialist Helen Boyd has won compensation for a cyclist who suffered neck injuries in a ‘car dooring’ incident in Weston-super-Mare. The man involved was cycling down a quiet side road lined with parked cars on a clear, dry September afternoon last year when the accident happened. A driver in one of […]

Truffle farm investment scam – could you bring a claim?

• Wed 24^th April 2019
• Disputes

Unwitting victims of a major scam which tricked people into investing in non-existent truffle farms are being urged to take legal advice to assess their position and see what their options are. Five connected companies have now been wound up by the High Court amid reports by the Insolvency Service that more than 100 investors […]

Second ‘true value’ adjudication cannot be used to set off sum owed in the first ‘smash and grab’ adjudication

• Thu 18^th April 2019
• Business Disputes

The case of M Davenport Builders v Greer (2019) has confirmed that a party to a construction contract cannot use a second, ‘true value,’ adjudication decision to avoid paying an earlier ‘smash and grab’ adjudication. What happened in this case? The contractor, Davenport, carried out construction works for the Greers. There were no provisions in […]

Legal by end of 2019 – civil partnerships for mixed-sex couples

• Tue 16^th April 2019
• Family & Divorce

Heterosexual couples in England and Wales who wish to enter into a civil partnership will be able to do so by the end of the year. A Private Members Bill, brought by MP Tim Loughton, has received Royal Assent meaning it will now become law, a move which has been heralded as a victory for […]

Ending the blame game – historic change to divorce law will happen

• Thu 11^th April 2019
• Family & Divorce

The government is preparing to implement the biggest shake-up of divorce law in half a century with ‘no fault’ divorce a real possibility at last. The change, aimed at enabling couples to split up faster and with less acrimony and blame, will be introduced – says Justice Secretary David Gauke – as soon as parliament, […]

Can I provide for my pet in my Will?

• Wed 10^th April 2019
• Wills & Mental Capacity

Before the iconic fashion designer Karl Lagerfeld died, he put plans in place to make sure his cat Choupette would be well looked after when he was gone. Choupette, who has her own Instagram account and reportedly eats only from the finest china, will undoubtedly, thanks to her owner’s forward planning, live out the rest […]

Could a family heirloom reduce your inheritance tax bill?

• Mon 8^th April 2019
• Probate, Wills & Mental Capacity

A little known scheme allows families liable for inheritance tax after the death of a loved one to offer up historically important artwork, furniture, artefacts and collections to the nation in lieu of paying all or part of their bill. The Acceptance in Lieu (AIL) scheme, designed to preserve important assets of national significance within […]

Online probate changes – fake Wills more likely to go undetected say civil servants

• Thu 4^th April 2019
• Probate, Wills & Mental Capacity

At the same time as the Government prepares to cash in on massive increases in probate fees, it is attempting to save money by handing over the vital Will verification process currently handled by experienced civil servants to a private ‘bulk scanning firm’ which will use an automated system. The scheme, which just like the […]

Worker denied rest breaks wins personal injury award

• Wed 3^rd April 2019
• Business Employment, Employment

Employment Tribunals can now award personal injury damages to workers refused permission to take statutory rest breaks under the Working Time Regulations 1998. In the ground-breaking case of Grange v Abellio London Ltd, the Employment Appeal Tribunal approved an award of £750 to a worker who said he suffered physical discomfort after being refused rest […]

Act now to beat probate fee increases delayed by Brexit

• Tue 2^nd April 2019
• Probate

With Parliament so tied up with Brexit it can consider little else, probate fee hikes set to be introduced this month have been postponed giving bereaved families more time to apply while the lower cost limits are still in place. So consumed has the House of Commons been by Brexit, it has not had time […]

Inheritance disputes – why bringing a late claim may still be worth considering

• Thu 28^th March 2019
• Probate Disputes

If you are unhappy with the provision made for you in a Will, it may still be well worth taking advice to see if you can bring a claim even if you have missed the strict legal deadline for doing so. The Inheritance (Provision for Family and Dependants) Act 1975 says that a claim must […]

Later life planning – why talking to your children about what you want is vital

• Thu 21^st March 2019
• Wills & Mental Capacity

More and more, we are all urged to ‘live in the moment’ – to make the most of the here and now and not to worry about the future. After all, who knows what might be round the corner? A commendable philosophy to live by – except when it comes to later life planning, things […]

With probate fee increases looming – now is the time for action

• Wed 20^th March 2019
• Probate

With a new tier of probate fees set to be introduced next month (April 2019), it is worth taking stock now to see what you can do to potentially limit the amount you may have to pay. The House of Lords has voted the government’s proposal through, albeit reluctantly, with the House of Commons set […]

Caring for an elderly family member – could you be paid for what you do?

• Tue 19^th March 2019
• Court of Protection

With the social care system under increasing pressure, families are perhaps more than ever struggling to find affordable and sustainable care solutions for elderly relatives. Whilst many elderly people understandably want to receive care in their own homes, it can be difficult to find the right care package and often family members step in to […]

Financial watchdog increases compensation limit for consumers and businesses

• Mon 18^th March 2019
• Business Disputes, Disputes

A new higher compensation limit of £350,000 for consumers who have their complaints against financial services companies upheld by the UK’s financial watchdog will come in to effect next month (April 1). It is an increase of £200,000 from the current £150,000 maximum and will also now be adjusted every year in line with inflation. […]

Cyclists – have you been involved in a ‘car dooring’ incident?

• Fri 15^th March 2019
• Accidents & Injuries

The problem of ‘dooring’ – when a cyclist is knocked off their bike by a car door being opened in their path – is getting worse and Bristol has one of the worst records in the country. The city has the highest incidence of this type of accident outside London with 121 cyclists injured, 16 […]

Right to Rent – ‘discriminatory’ and against human rights but still in force for now

• Thu 14^th March 2019
• Disputes

The government’s controversial Right to Rent scheme, hated by landlords and tenants alike, has been branded ‘discriminatory’ and in breach of human rights laws by the High Court. Introduced as part of Theresa May’s attempt to create a ‘hostile environment’ for illegal immigrants, Mr Justice Martin Spencer  said the scheme had ‘little or no effect’  […]

Equal Pay – the battle heats up

• Wed 13^th March 2019
• Business Employment, Employment

The pay gap between men and women is a hot topic, as Asda supermarket workers win a significant victory and a Morrisons group begins legal action. Four of the UK’s supermarket chains – Asda, Morrisons, Sainsbury’s and Tesco – now all face claims from upwards of 35,000 workers. These are mostly women alleging they were […]

A fast and efficient way through mass redundancy settlement agreements

• Mon 11^th March 2019
• Business Employment

As an employer, managing the requirements of a collective redundancy process – when a group of employees is asked to enter into settlement agreements – can be complex and demanding but there are some key ways that specialist lawyers here at Wards Solicitors can help. Proposing a single law firm to advise all your employees […]

Home owners’ consumer group calls for regulation of ‘murky’ online property auction sector

• Fri 8^th March 2019
• Conveyancing

Consumer group HomeOwners Alliance (HOA) says agents are securing increasing income from the use of online auctions – termed ‘the modern auction’ by online operators – but warns there are pitfalls for buyers and says the growing sector is ‘murky’. This is how it works: The property is offered for sale in an eBay style auction. The successful bidder then has a set […]

Do you think you are too old to buy property or get a mortgage?

• Thu 7^th March 2019
• Conveyancing

Older Peoples Shared Ownership scheme – Help to buy – Mortgages and Equity Release If you think you are too old to buy a new home or get a mortgage then you may well be wrong as the markets have moved and changed for the better for ‘older’ people. Why is this? Lenders have recognised […]

‘Right to Manage’ – the story so far and proposals for reform

• Wed 6^th March 2019
• Conveyancing

Almost a year ago, the Law Commission published its terms of reference and pledged that the Law Commission’s leasehold reform recommendations to government will provide a “better deal for leaseholders”. The Law Commission’s residential leasehold and commonhold project aims to improve consumer choice, provide greater fairness, and make the process of enfranchisement easier, quicker and […]

Every little helps – leaving your loyalty card points in your Will

• Tue 5^th March 2019
• Probate, Wills & Mental Capacity

Loyalty points – we faithfully collect them throughout a lifetime of shopping but few of us know that in many cases we can actually leave them to our loved ones when we die. Recent figures show that British shoppers accumulate the annual equivalent of £5.7 billion in loyalty points from high street retailers, averaging out […]

So let’s talk Commonhold

• Mon 4^th March 2019
• Conveyancing

Scandals and issues and problems surrounding leaseholds have recently been very newsworthy. In the background however the Law Commission last year published terms of reference for leasehold reform. Included in this are reforms to ‘commonhold’ ownership. This little known form of ownership is not new but became law in 2004, as a new way to own property […]

Protecting your property from fraud

• Wed 6^th February 2019
• Conveyancing

Fraud and scams are now a fact of daily life, and no environment is safe. Not our doorsteps, telephones or Inboxes. Emails bring malware, and cybercriminals lurk whilst we are online to trick us into giving away personal details, goods or money. The elderly and most vulnerable in our community are targeted, but the reality […]

Stamp Duty and the first time buyer (England only)

• Wed 6^th February 2019
• Conveyancing

From 22 November 2017 ‘First Time Buyers’  have benefited from a  concession in respect of stamp duty land transaction tax (SDLT), commonly known as stamp duty, to reduce their upfront costs and this was subject to an important change in the 2018 Budget for buyers of shared ownership leases. This applies only to property in […]

Home buying reservation agreements to be tested

• Wed 6^th February 2019
• Conveyancing

In a recent speech by Housing & Homeless Minister Heather Wheeler MP at the Council for Licenced Conveyancers conference the MP outlined challenges in the government’s commitment to reforming the conveyancing process to make buying and selling quicker cheaper and less stressful. According to government research: Somewhere between 25-33% of transactions fail, costing £270 million […]

The Help to Buy: ISA Scheme

• Mon 28^th January 2019
• Conveyancing

If you are saving to buy your first home, save money into a Help to Buy: ISA and the Government will boost your savings by 25%. So, for every £200 you save, receive a government bonus of £50 up to a maximum of £3,000. But ending 20 November 2019! This popular scheme however is due […]

Wards Solicitors welcomes new guidelines on the payment of referral fees to estate agents

• Fri 25^th January 2019
• Conveyancing

New proposals on the payment of referral fees to estate agents are expected to be announced next month, according to the Ministry of Housing, Communities and Local Government. Matt Prior, head of the Ministry of Housing’s Home Buying and Selling Team told the Guild of Property Professionals’ annual conference: “The Government wants transparency on referral […]

Woman wins £325,000 from late partner’s estate after ‘sad dispute’ with his daughters

• Thu 24^th January 2019
• Cohabitation, Probate Disputes

A woman misled into moving out of the home she’d shared with her partner by his two daughters after he died has won her claim for reasonable financial provision from his estate. Carole Taylor, 70, was awarded £325,000 after a judge ruled that she and James Redmond, whilst not married, had lived together as man […]

More gender pay gap figures out soon

• Wed 23^rd January 2019
• Business Employment, Employment

By 4 April 2019, all private and voluntary sector employers with 250 or more staff must once again publish their annual gender pay gap data. It’s the second year running that employers have been required to publish the average pay of both men and women employees, including basic pay and any bonuses. The information must […]

Yet another survey shows common law marriage myth still exists

• Tue 22^nd January 2019
• Cohabitation

The urgent need to raise awareness of the fact that partners who live together do not have the same legal protection as married couples has been highlighted by a new survey. Almost half of people in England and Wales still wrongly believe that cohabiting couples have a ‘common law marriage’ giving them the same rights […]

Employer reminder: new payslip legislation comes into force this April

• Mon 21^st January 2019
• Business Employment, Employment

From 6 April 2019, employers must provide detailed and fully itemised payslips for casual, agency and bank staff and zero-hours workers. The legislation, which already applies to permanent employees, is designed to make it easier for workers to understand their pay, ensure they are being paid correctly and challenge their employer if they have been […]

Selling your flat – our top ten tips

• Tue 15^th January 2019
• Conveyancing

Although the end result makes it all worthwhile, buying or selling a home can be pretty stressful, and a flat or leasehold sale can have its own challenges. The most commonly sold/purchased leasehold properties are flats or maisonettes, unfortunately more often than not accompanied by more than their fair share of problems and delays. However, […]

Buying off-plan? How to make sure your deposit is as safe as houses

• Wed 9^th January 2019
• Conveyancing, New Homes

Purchasing a house or flat before it’s been built, known as off-plan, can be a great way of potentially grabbing a property in an up-and-coming area at a bargain price. With schemes such as Help to Buy equity loans and the supposedly upcoming Starter Homes Initiative for first time buyers in England (no start date […]

Universal Wealth Preservation saga continues

• Mon 7^th January 2019
• Wills & Mental Capacity

The director of Universal Wealth Preservation (UWP), which collapsed taking the life savings of hundreds of people with it, has been jailed for eight months. A large number of people who had entrusted their money to UWP believing they were protecting their estates from care home fees and inheritance tax, have been left unable to […]

Landlords: new ‘fit for human habitation’ legislation coming into force soon

• Thu 3^rd January 2019
• Business Disputes, Disputes

A new act requiring all property rented out by a landlord to meet a ‘fit for human habitation’ checklist will become law in March this year. The Homes (Fitness for Human Habitation) Act 2018 means all social and private landlords (or agents acting on their behalf) must ensure properties are up to scratch when it […]

New Year, new start – new drug and alcohol testing policy?

• Wed 2^nd January 2019
• Business Employment, Employment

It’s that time of year when many employers start to wonder whether it might be a good idea to put a drug and alcohol testing policy in place. There are up to 17 million working days lost annually in the UK because of alcohol-related sickness, according to the Institute of Alcohol Studies. One in 12 […]

Just office banter? Why it’s not always a joking matter

• Thu 13^th December 2018
• Business Employment, Employment

Employers should remember that office banter must never go too far – even though a tribunal has ruled that a sacked salesman, called a “fat ginger pikey” by his colleagues in an office where “jibing and teasing” were commonplace, was not the victim of harassment. David Evans, who worked for the global software company Xactly […]

Can I spend my savings now even though I might have to pay care home fees in the future?

• Mon 10^th December 2018
• Wills & Mental Capacity

Trying to look ahead, plan and budget for older age can be stressful enough without worrying about the complex rules which now govern the system of paying for any care you may need in the future. A growing number of people are becoming increasingly anxious about what they can and cannot do when it comes […]

Know your lawyer – Wards Solicitors welcomes new rule requiring law firms to publish staff qualifications

• Tue 4^th December 2018
• For you, For Your Business

From this week, the Solicitors Regulation Authority (SRA) is introducing new rules to ensure all solicitors’ practices give more information on their websites. The aim is to make it easier for clients to compare the general level of fees for some types of work and also to compare the qualifications and experience of the lawyers […]

Gifts and Inheritance Tax – making sure you don’t mess up

• Mon 3^rd December 2018
• Probate, Wills & Mental Capacity

Complex and confusing not to mention potentially costly and upsetting – Inheritance Tax law is not an easy subject to get your head around. But two new reports have shed fresh light on just what a minefield Inheritance Tax (IHT) rules are and how hundreds of people are losing out every year as a result: […]

Divorce – important developments on spousal maintenance

• Fri 30^th November 2018
• Family & Divorce

It’s an issue that has long been debated – are post-divorce maintenance orders with no end date a ‘meal ticket for life’ or an appropriate and sensible way of ensuring an ex-partner’s ongoing needs are fairly met? Now, two important legal developments seem to shed some light on this emotive area of the law: The […]

Why the growing complexity of modern families mean inheritance disputes are on the rise

• Wed 28^th November 2018
• Probate Disputes, Wills & Mental Capacity

Second marriages, blended families, children from more than one relationship – the complex structural nature of many modern families means it has never been more important to make a Will to avoid problems after you die. Sadly, inheritance disputes can rip families apart. Bitter and expensive conflict can ensue when a loved one either hasn’t […]

Selling your home with a solar panel lease – not always sunshine and roses

• Tue 27^th November 2018
• Conveyancing

Solar panels may be good for both the environment and your energy bills but for some homeowners they can prove to be an issue when it comes to selling up. Sometimes, problems can arise for those who have chosen to effectively lease their roof, or part of it, to a solar power company in return […]

When the Christmas office party leads to a punch-up

• Thu 22^nd November 2018
• Business Employment, Employment

Christmas party season is upon us. While there may be plenty of reasons to be jolly, a recent court ruling serves up a sobering reminder of how badly things can go wrong when excessive drinking comes into the party mix. The Court of Appeal has ruled that a recruitment company was vicariously liable for the […]

Inheritance Trusts – is a shake-up on the cards?

• Wed 14^th November 2018
• Wills & Mental Capacity

Trusts set up to mitigate inheritance tax are to come under scrutiny from the government as it begins a review to see if the system could be made ‘simpler, fairer and more transparent’. It has launched a 12-week consultation period seeking views and evidence on whether there is a need to reform trust taxation, a […]

Want to buy a property with a short lease? What you can do

• Tue 13^th November 2018
• Conveyancing

So, you have found the property of your dreams but it has a short lease. Should you walk away or go for it? Many people think that buying a home with a short lease term is a total no no. But there are several options worth considering as you weigh up the pros and cons […]

Court of Appeal deals ‘smash and grab’ adjudication hefty blow – but employers must still pay first, argue later

• Mon 12^th November 2018
• Business Disputes

The Court of Appeal, as predicted, has confirmed that employers do indeed have the right to challenge the ‘true value’ of a contractor’s interim application in a subsequent adjudication. It upheld a ruling made by Mr Justice (now Lord Justice) Coulson in the Technology and Construction Court earlier this year in the case of Grove […]

Employer responsible for malicious data breaches

• Thu 8^th November 2018
• Business Employment, Employment

Supermarket chain Morrisons was recently held liable for the actions of an employee who deliberately caused a massive data breach – despite being able to show it had effective data protection controls in place. Information including the names, addresses, bank account and salary details of almost 100,000 staff, was posted on a file sharing website. […]

Government’s probate fee rises amount to ‘stealth inheritance tax’

• Wed 7^th November 2018
• Probate

The government has resurrected highly controversial plans to dramatically increase probate fees in a move condemned as a way of introducing a stealth inheritance tax. The changes, which mean that some families will pay almost £6,000 more in probate fees, are to be introduced next April. Unjustified and unfair According to the government, the increase […]

Putting a ‘common tragedy clause’ in your Will – not just for the wealthy

• Tue 6^th November 2018
• Wills & Mental Capacity

Planning for what might seem the unlikeliest of scenarios in your Will is vital to ensure you stay in control of who inherits your estate – as the recent tragic death of millionaire businessman Richard Cousins shows. Mr Cousins died when a seaplane, which belonged to a firm running sightseeing tours near Sydney, Australia, crashed […]

Important update: whiplash reforms set to become law

• Mon 5^th November 2018
• Accidents & Injuries

Controversial legislation to reduce whiplash insurance claims has now passed successfully through the House of Commons – to the dismay of personal injury lawyers concerned about how it will affect access to justice for ordinary people. The third reading of the Civil Liability Bill was approved by 56 votes with the government successfully defeating Labour […]

Cohabiting siblings – is a change in the law in sight?

• Thu 1^st November 2018
• Cohabitation

Mixed-sex couples are now to be allowed the option of a civil partnership – so why not siblings who own and share a home? Conservative MP Sir Edward Leigh said recently: “Why should siblings who’ve lived together for years have to pay estate duty when one dies?” It seems a fair question and one that […]

Did you go to a Universal Wealth Preservation ‘Keep it in the Family’ seminar?

• Wed 31^st October 2018
• Wills & Mental Capacity

The number of people contacting solicitors like ourselves with concerns about Universal Wealth Preservation (UWP) has continued to grow – and it is estimated that as many as 8,000 people could have set up trusts with the now discredited company and its related firms. This unregulated company, which ran seminars locally in the South West, […]

Divorcing for adultery? Why naming the co-respondent is a bad idea

• Thu 25^th October 2018
• Family & Divorce

The desire to wreak revenge on an unfaithful spouse is, many would agree, an entirely natural one – but naming the person they cheated on you with in your divorce petition is an urge worth resisting. Whilst it may seem tempting, and entirely fair considering the circumstances, to ‘name and shame’ this third party – […]

The real price of the ‘gay cake’ case

• Wed 24^th October 2018
• Business Employment, Employment

The cake itself cost just £36.50 but the legal battle it sparked has racked up total legal fees of nearly £500,000 and done little to clarify a complex area of discrimination law. The row began back in 2014 when a bakery managed by Christians in Northern Ireland refused to make a cake with a slogan […]

Cohabitee wins reasonable financial provision claim from deceased partner’s estate

• Tue 16^th October 2018
• Cohabitation, Disputes

A disabled man left just £5,000 in his cohabiting partner’s Will after a 20 year relationship and faced with having to move out of the home they shared, had not had reasonable financial provision made for him, the High Court has ruled. In the recently heard case, Mr Andrew Banfield was awarded a life interest […]

Ending the blame game when it comes to divorce

• Mon 15^th October 2018
• Family & Divorce

The prospect of no-fault divorce has come one step nearer with news that the government has launched a public consultation on changes to the current system – a move welcomed by Wards Solicitors. Blame, bitterness, accusation and confrontation have become the hallmark of many divorces in England and Wales with one spouse forced to prove […]

Asbestos related illness – claiming compensation

• Thu 11^th October 2018
• Accidents & Injuries

Up and down the country, every day, people are being diagnosed with asbestos-related illnesses even though the use of asbestos in its most dangerous forms has been illegal for decades with all types eventually banned by law in 1999. It’s a shocking fact that asbestos currently kills around 5,000 workers a year – that’s more […]

Japanese knotweed: Court of Appeal sheds light on a growing problem

• Wed 10^th October 2018
• Conveyancing

Japanese knotweed. Two words that can strike fear into the hearts of house buyers and sellers everywhere – especially with the media full of alarmist reports about the havoc this plant can wreak. But now, the Court of Appeal has ruled in favour of two householders whose homes were affected by the voracious weed in […]

Can you claim a refund on your LPA application?

• Mon 8^th October 2018
• Wills & Mental Capacity

If you applied for a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA) between 1 April 2013 and 31 March 2017, you were overcharged and can now claim a refund of up to £108. Around one million people will be eligible but so far, less than 200,000 valid claims have been dealt […]

Why now is the time to review your Enduring Power of Attorney

• Fri 5^th October 2018
• Wills & Mental Capacity

Looking to the future and making plans to allow those you trust to make emergency decisions on your behalf if you lose mental capacity has long been encouraged. In the past, many people made an Enduring Power of Attorney (EPA) to do this. In 2007, EPAs were replaced by Lasting Powers of Attorney (LPAs), governed […]

Making a Will? Don’t forget your digital assets

• Thu 4^th October 2018
• Wills & Mental Capacity

Have you ever thought about what will happen to your Facebook photographs, your digital music and film collections not to mention your on-line bank accounts when you die? If you haven’t, you are not alone – research by the Law Society has revealed that more than 70 per cent of people have never given the […]

Court of Protection authorises £6 million ‘gift’ to son of a woman with dementia

• Thu 4^th October 2018
• Wills & Mental Capacity

A son acting as an attorney for his mother, who has dementia and needs full time care, has been allowed to ‘give’ himself £6 million out of her £18.6 million estate to save inheritance tax when she dies. The Court of Protection, which considers issues relating to people who lack the mental capacity to make […]

Opposite-sex couples can now have a civil partnership

• Wed 3^rd October 2018
• Cohabitation, Family & Divorce

In a move which has been heralded as a victory for equality, the right to enter into a civil partnership is to be extended to heterosexual couples. Since March 2014, opposite-sex couples have been denied the choice open to same-sex couples of picking either a civil partnership, which brings the same legal protection as marriage, […]

Crucial reminder to landlords about changes to eviction rules

• Tue 2^nd October 2018
• Business Disputes, Disputes

Landlords and letting agents are being urged to make sure they are clear on changes to the rules for evicting a tenant which come into force this week (1 October 2018). Section 21 eviction rules introduced under the Deregulation Act 2015 are now being extended to apply to all assured shorthold tenancies and not just […]

Protect cohabiting couples from being forced into deathbed marriages

• Thu 27^th September 2018
• Wills & Mental Capacity

A rise in the number of deathbed marriages has led to renewed calls to improve legal and financial protection for cohabiting partners, many of whom still mistakenly believe they have the same rights as married couples. It is a move backed by Wards Solicitors’ Partner, Jenny Pierce, Head of the Wills, Probate and Mental Capacity […]

Freeholders – is forfeiting a lease a fair way to deal with a difficult tenant?

• Tue 25^th September 2018
• Business Disputes, Disputes

A freeholder has used the ‘ultimate sanction’ of forfeiture to deal with a problematic leasehold tenant who breached his lease by installing a new kitchen, bathroom and central heating system without permission. As a result, and highly unusually, the leaseholder, Charles McCadden, lost his £600,000 home after the freeholder applied initially to the First Tier […]

Avoid family feuds when you’re gone – sort out your chattels now

• Mon 24^th September 2018
• Wills & Mental Capacity

What do Shakespeare’s ‘second best bed’, Beatrix Potter’s piano and Peter Cook’s tiffany lamp all have in common? The answer is they were all personal possessions, otherwise known as chattels, listed in the Wills of these famous people and left specifically to particular loved ones. Making it clear in your Will, or an accompanying letter […]

On your bike – cyclists no longer included in small claims limit

• Wed 19^th September 2018
• Accidents & Injuries

In what campaigners are claiming as a victory, cyclists will no longer be affected by controversial personal injury reforms which would have left many with a substantially reduced access to justice if injured in a road accident. Plans to introduce an increase in the small claims limit from £1,000 to £5,000 for injuries arising from […]

Is it fair to fire a warning for disability-related absence?

• Tue 18^th September 2018
• Business Employment, Employment

Even an employer with a sensitive approach to disabled employees can be found guilty of unlawful discrimination if it thoughtlessly disciplines an employee for disability-related absence. In the case of DL Insurance Services Ltd v O’Connor  [2017] the Employment Appeal Tribunal (EAT) found for the employee. Mrs O’Connor was a customer support worker whose absences […]

Landmark court case could help tens of thousands of cohabiting parents

• Mon 17^th September 2018
• Cohabitation

An unmarried woman of four children who was refused widowed parent’s allowance after her partner of 23 years died, has won a court battle that could lead to a change in the law for cohabiting couples. The Supreme Court ruled that the government’s refusal to pay Siobhan McLaughlin the £117 a week allowance because she […]

Where does the buck stop when you engage an independent contractor?

• Thu 30^th August 2018
• Business Employment

Businesses should be aware that they can be held legally responsible for the actions of independent contractors engaged to work on their behalf, after an important Court of Appeal decision. The ruling in Barclays Bank PLC v Various Claimants [2018] is a significant development in the law relating to vicarious liability. The bank was found […]

Time to call for a death by dangerous cycling offence?

• Tue 28^th August 2018
• Accidents & Injuries

Amid calls by campaigners for a change in the law, the Department of Transport has launched a public consultation to look at whether a new offence covering dangerous cycling should be brought in. The move comes after the number of pedestrians killed or maimed by a cyclist doubled in a decade from 50 in 2006 […]

Infant children win court challenge for maintenance after father dies without updating his Will

• Thu 23^rd August 2018
• Disputes, Wills & Mental Capacity

The crucial importance of regularly updating your Will has been dramatically highlighted by the case of a man who died unexpectedly before his divorce was finalised. As a result, two of his children born during a long relationship with the woman he’d left his wife for, were not provided for meaning a claim had to […]

Whistleblowing – it’s a matter of fact

• Tue 14^th August 2018
• Business Employment, Employment

Whistle-blowers play an essential role in highlighting injustice and malpractice in the workplace. By bringing breaches of rules to light, they can help prevent accidents, scandals and even crimes. That’s why under UK law it is illegal for an employer to take revenge on someone who has reported wrongdoing, for instance by dismissing them. But […]

Menopause and the workplace – a hot topic

• Mon 13^th August 2018
• Business Employment, Employment

There’s been many a joke made about the menopause, but when it comes to the workplace, it really is no laughing matter. A recent study by the Trades Union Congress (TUC) in Wales of almost 4,000 people found that 88% of women workers who experienced the menopause felt it had an effect on working life, […]

Why your Letter of Wishes can be as important as your Will

• Thu 9^th August 2018
• Wills & Mental Capacity

The many problems that homemade, hand written Wills can so often leave in their wake has again been highlighted by the sad saga of the bitter wrangles over Mrs Pauline Wippell’s estate. The fallout included rival bids by the executors to remove one another from the role as well as a huge bone of contention […]

Sexual harassment in the workplace – plans for reform

• Thu 2^nd August 2018
• Business Employment, Employment

An action plan to tackle the ‘widespread and commonplace’ problem of sexual harassment in the workplace has been put forward by a group of MPs who are critical of the current lack of protection for workers. The Parliamentary Women and Equalities Committee (WEC) published its report after a six-month long inquiry into the issue following […]

Calls for divorce law reform as women told she has to stay in loveless marriage

• Mon 30^th July 2018
• Family & Divorce

There have been renewed calls for the reform of the divorce law system after a woman was told by the Supreme Court that she must remain in what she claims is a ‘loveless and desperately unhappy marriage’. Tini Owens, 68, wanted to be allowed to divorce her husband of 40 years, Hugh, 80, but he […]

Latest gig economy tribunal rules couriers are workers not self-employed

• Mon 23^rd July 2018
• Business Employment, Employment

A group of Hermes couriers has scored a resounding victory in the ongoing battle between gig economy employers and those who work for them. In what is considered one of the most significant developments so far, an employment tribunal has ruled that the 65 couriers should be treated as staff and not self-employed workers and […]

Latest ‘sleep-in’ ruling supports care providers

• Thu 19^th July 2018
• Business Employment, Employment

Employers in the care sector have been thrown a lifeline by the Court of Appeal’s latest ruling on sleepover shifts. In a case brought by Mencap and others, it was decided that staff sleeping in at a client’s home were not entitled to be paid the national minimum wage (NMW) for their sleep-in shifts. The […]

Why I know the personal injury reforms are unfair on innocent victims

• Wed 18^th July 2018
• Accidents & Injuries

Changes to the way personal injury claims for people involved in road traffic accidents are handled will leave claimants at a disadvantage when it comes to access to justice and their right to compensation, concerned lawyers – including myself – believe. The so-called “whiplash” reforms, which the Government has recently pushed back to April 2020, […]

As investigations into attorneys soar, why taking legal advice is a must

• Tue 17^th July 2018
• Wills & Mental Capacity

The importance of using a solicitor when drafting a Lasting Power of Attorney has been dramatically highlighted by a significant increase in the number of investigations into the actions of attorneys and deputies in the past year. According to the Office of the Public Guardian (OPG), there has been an almost 45 per cent increase […]

The Top 10 reasons why you should make a Will

• Mon 16^th July 2018
• Wills & Mental Capacity

Making a Will is something a lot of us put off for a whole host of reasons – the time, the hassle, the perceived expense or simply just not wanting to think about our own mortality. In fact, new research shows there are currently 31 million people in the UK who run the risk of […]

Landmark civil partnership ruling sparks call to change law for cohabiting couples

• Thu 12^th July 2018
• Cohabitation

As news breaks that an opposite-sex couple have won their legal battle to have a civil partnership instead of a marriage, calls have been renewed for the law to be urgently reformed in relation to cohabitees. Since March 2014, same-sex couples have had the choice of either entering into a civil partnership or getting married […]

How might the personal injury reforms affect you?

• Thu 12^th July 2018
• Accidents & Injuries

Changes to the way personal injury claims for people involved in road traffic accidents are handled – increasing the small claims limit from £1,000 to £5,000 – could be in force by next April. The Government believes some whiplash claims are ‘minor, exaggerated or fraudulent’ but others worry the reforms will disadvantage people who can’t […]

Do you have a Universal Wealth Preservation Trust? What to do next

• Wed 11^th July 2018
• Disputes, Wills & Mental Capacity

Along with other solicitors up and down the country, we have recently been contacted by a number of extremely worried people who have transferred the ownership of assets including their homes and savings into trusts set up by a company called Universal Wealth Preservation (UWP). This unregulated company, which ran seminars locally, is now uncontactable […]

Plumber wins workers’ right legal battle in Supreme Court

• Wed 20^th June 2018
• Business Employment, Employment

When is a worker a worker and when are they self-employed? It’s a question that has been often asked recently and now a Supreme Court ruling has shed some further light on this much disputed area of the law. The Supreme Court decided that Gary Smith, who worked solely for Pimlico Plumbers for six years, […]

Stark warning to executors and administrators – know what you’re taking on

• Thu 14^th June 2018
• Probate, Wills & Mental Capacity

The recent case of a man found personally responsible for the £340,000 inheritance tax due on a Will he administered graphically illustrates the importance of fully understanding your responsibilities as a personal representative. A personal representative is the person appointed when someone dies without a Will or is appointed under the terms of someone’s Will. […]

Good news for landlords: Right to Rent scheme to be reviewed

• Wed 13^th June 2018
• Business Disputes, Disputes

The High Court is to allow a judicial review of the Government’s controversial Right to Rent scheme, part of its attempt to create a ‘hostile environment’ for illegal immigrants, in a move that will be welcomed by landlords. Under the policy, landlords have to carry out detailed checks to ensure the immigration status of all […]

Protecting your post-divorce finances

• Thu 7^th June 2018
• Family & Divorce

Getting divorced, even amicably, is always an emotional experience. But it’s sometimes easy to forget, especially when you are both determinedly trying to remain civil and considerate to each other’s feelings, that though the Decree Absolute legally ends your marriage, it doesn’t sever the financial ties between you. Undefended doesn’t have to mean unprotected Many […]

“I’m a worker not self-employed” – another case upheld

• Wed 6^th June 2018
• Business Employment, Employment

The latest round in the long running and increasingly bitter legal battle between some gig economy employers and those who carry out work for them has once again been decided by the courts. The Employment Appeal Tribunal (EAT) has upheld a claim by an Addison Lee cycle courier that he was a worker rather than […]

Diagnosed with a serious illness? Why making a Will is so important

• Tue 5^th June 2018
• Probate, Wills & Mental Capacity

Whenever possible, it’s a good idea to make your Will when you are in good health but sometimes, unexpected illness can come along and complicate things. If this happens, it’s important to grasp the nettle and sit down with your loved ones to talk about what you want to happen when you die. Although an […]

When someone you love loses mental capacity

• Wed 23^rd May 2018
• Wills & Mental Capacity

Losing mental capacity can happen for a number of reasons – an accident, an illness like Alzheimer’s disease or even just getting older. And when it does, the ability to manage day to day life may be severely affected including important decisions about money and property. If this happens to a loved one, you may […]

Employers – changes to how settlement agreements taxed now in effect

• Wed 16^th May 2018
• Business Employment

Pay in lieu of notice must always be taxed, in payments applying to employment terminations made on or after 6 April 2018. Under new tax rules, income tax and class 1 NICs must be paid on the basic pay an employee would have earned if they had worked their notice in full. This means that […]

Inheritance disputes – why running out of time can be costly

• Thu 10^th May 2018
• Probate Disputes

The importance of taking legal action quickly if you are not happy with the provisions made for you in a Will has been dramatically highlighted by a recent High Court ruling. Farmer’s widow, Mary Sargeant, lost a landmark bid to increase the provision made for her in her husband’s Will because the court said she […]

New tax rules affect settlement agreements

• Wed 9^th May 2018
• Employment

Pay in lieu of notice must always be taxed, in payments applying to employment terminations made on or after 6 April 2018. Under new tax rules, income tax and class 1 NICs must be paid on the basic pay an employee would have earned if they had worked their notice in full. This means that […]

Get rid of death duties and tax those who inherit, says think tank

• Fri 4^th May 2018
• Probate, Wills & Mental Capacity

As the Treasury-backed Office of Tax Simplification seeks the public’s view on how best to reform inheritance tax, a think tank has come up with its own solution. The Resolution Foundation says death duty is the “least fair tax” of any in the country and should be replaced by a tax on those inheriting the […]

What a difference a day makes – written notice of dismissal only valid once read

• Thu 3^rd May 2018
• Business Employment, Employment

Employers who dismiss by post can be caught out – as a recent Supreme Court case, Newcastle Upon Tyne NHS Foundation Trust v Haywood, clearly shows. Sandi Haywood, who had worked for an NHS foundation Trust for more than 30 years, knew she was at risk of redundancy when she went on previously approved holiday […]

Why it’s vital landlords stick to the letter of the law when it comes to tenant’s deposits

• Wed 2^nd May 2018
• Disputes

An important reminder that landlords need to make sure they not only protect tenants’ deposits but crucially, also give what’s known as prescribed information within a specified timescale to the correct people, has just been delivered in a county court judgement. In this case, Wood v Arkley, when the landlord, Wood, served a section 21 […]

Woman left nothing in her partner’s Will awarded cottage to live in outright

• Mon 30^th April 2018
• Cohabitation, Probate Disputes

A woman who had lived with her partner for 42 years but was left nothing when he died has been awarded a cottage and money to refurbish it and live on by a High Court judge. The decision, which could yet be appealed, is considered significant as it paves the way for cohabitees, who currently […]

Getting married like Harry and Meghan? Should you have a pre-nup?

• Thu 26^th April 2018
• Family & Divorce

Prince Harry and Meghan Markle have decided not to sign a pre-nuptial agreement before their wedding, it has been reported, despite them both having obviously considerable assets. A friend of Prince Harry’s allegedly told a national newspaper: “There was never any question in Harry’s mind that he would sign a pre-nup. He’s determined that his […]

Divorced but still married? Make sure your petition is legally safe

• Wed 25^th April 2018
• Family & Divorce

The launch of Divorce Centres across England and Wales was hailed by the government as an important step towards streamlining the divorce process with claims that applications could be turned around in as little as 48 hours. Now, there are fears that a number of newly divorced couples who submitted their petitions directly to one […]

Making sense of the latest community care and charging for care fees legislation

• Tue 24^th April 2018
• Wills & Mental Capacity

The Care Act 2014 introduced long awaited and fundamental reform to the laws regulating access to community care and charging for care fees. Unfortunately, three years on, there is still widespread confusion about what it covers and how the legislation works, particularly when it comes to ensuring that the needs of those who require community […]

Why a properly drawn up tenancy can save you money in the long run

• Mon 23^rd April 2018
• Commercial Property

A stitch in time can save nine, so the saying goes. This was certainly the case for a small business owner recently after he took what he thought was a money saving exercise which resulted in him having to pay almost double to resolve the issue some years later. At Wards Solicitors we see this […]

Keeping warring neighbours in their place – new law to revolutionise boundary disputes

• Wed 11^th April 2018
• Disputes

Boundary disputes between embittered neighbours often make the news not least because of the disproportionate time and expense spent on them – the owners of a £600,000 house were recently ordered to give it to the family next door to meet the costs of a lost legal battle waged over just three tiny inches of […]

Care home contracts – the importance of reading the small print

• Mon 9^th April 2018
• Probate, Wills & Mental Capacity

With average care home fees now hitting £1,000 a week in some parts of the country, it has never been more important for families to check contract terms with a fine tooth comb before taking up a place for a loved one. Although the temptation may be to sign first, read later, particularly if you […]

Will the new gender pay gap rules mean more women taking their employers to court?

• Wed 4^th April 2018
• Business Employment, Employment

Organisations with 250 or more workers must now publish figures on the difference in pay between male and female members of staff. Will the results provide women with new evidence to support claims for equal pay and sex discrimination in the Employment Tribunals? Newly reported figures reveal inequality The new, greater transparency in pay has […]

Speeding up the conveyancing process – new central register for local land searches

• Wed 4^th April 2018
• Conveyancing

A new centralised online register for Local Land Charges (LLC) – which the Government says will make the house-buying process simpler, faster and cheaper – is set to launch with the first phase of Local Authorities in June of this year. In preparation, HM Land Registry (HMLR) is working currently with 26 local authorities in […]

Good news for employers – the end of the road for ‘smash and grab’ adjudications?

• Tue 3^rd April 2018
• Business Disputes

In one of his last judgements before leaving the Technology and Construction Court for the Court of Appeal, Mr Justice Coulson has tackled this recurring issue head on, effectively overturning a line of important cases. The recent case of Grove Developments Ltd v S&T (UK) Ltd (2018) may well mark a turning point in the […]

Sexual harassment in the workplace – what every employer should know

• Thu 29^th March 2018
• Business Employment, Employment

Sexual harassment scandals have been breaking in recent months like waves on a beach. From the casting couch syndrome in the entertainment industry to sleaze allegations against MPs, allegations have flowed. Victims continue to speak out in the media, often defying ‘gagging clauses’ in contracts. These stories also mirror the workplace claims that find their […]

“If science can help, it should” – woman ordered to take DNA test to solve inheritance row

• Wed 28^th March 2018
• Disputes

Science has been called as an expert witness to decide whether a woman is really the biological daughter of a man who died without making a Will and thus eligible to claim half his estate. In a legal first, a judge in Bristol has ordered Lorraine Freeman to take a DNA test to prove she […]

GDPR – be ready with Wards Solicitors’ data protection policy for staff

• Tue 27^th March 2018
• Business Employment, Employment

Sweeping new laws on personal data come into force on 25 May this year. Although the deadline is looming, there is worrying evidence that the EU General Data Protection Regulation (GDPR) is being ignored by most small and medium sized businesses (SMEs). GDPR, which replaces the Data Protection Act 2018, is set to make major […]

Landowners – new Telecoms Code now in force

• Tue 27^th March 2018
• Commercial Property

The provisions of the new Electronic Communication Code, part of the Digital Economy Act 2017, are now – as of 28 December 2017 – up and running, affecting all landowners with telecoms equipment on their land. The aim of the new code, which replaces the Telecommunications Act 1984 – long criticised for being out of […]

Concerns about access to justice as personal injury small claims limit set to rise

• Mon 26^th March 2018
• Accidents & Injuries

The Government is to press ahead with reforms affecting personal injury claims arising from road traffic accidents (RTAs) and aims to bring in these changes by April next year. The so-called “whiplash” reforms will introduce an increase in the small claims limit from £1,000 to £5,000 for injuries arising from an RTA and are being […]

Do you need to file an extra Stamp Duty Land Tax return?

• Tue 20^th March 2018
• Commercial Property

The rules surrounding Stamp Duty Land Tax (SDLT) are undoubtedly complicated and no one wants to get caught out – hence the need to make sure you avoid some common pitfalls as well as the associated penalties. There are two key times when it is particularly important to watch your step: When you remain in […]

Landmark business rates case for property developers

• Thu 15^th March 2018
• Commercial Property, Commercial Services

A milestone ruling on an important business rates case, considered extremely good news for property developers, is beginning to have far reaching implications for owners and developers of vacant property. In a test case last March, Monk v Newbigin, the Supreme Court ruled that a Sunderland property – given a rateable value of £102,000 in […]

Top 10 pointers for landlords about new EPC rules

• Wed 14^th March 2018
• Commercial Property

After April, new rules mean you cannot legally rent out a property unless it passes a minimum energy efficiency test. According to Government figures, more than 400,000 properties in England and Wales could be unlettable if their owners don’t act swiftly. So, what do you need to know? From 1 April, the minimum energy efficiency […]

Ruff-ruff justice…why Vinnie the terrier got evicted

• Tue 13^th March 2018
• Business Disputes, Commercial Services, Conveyancing

‘No pets allowed’ is a familiar restriction in many leases – and the High Court recently held that a management company was perfectly entitled to categorically refuse permission for the owners of a flat to keep their beloved dog, Vinnie, on the premises. The issue revolved around the question of consent. Some leases prohibit the […]

Pop-up shops – good news for landlords and tenants

• Thu 8^th March 2018
• Commercial Property, Commercial Services

Pop-up retail is continuing to blow a breath of fresh air through Britain’s high street – a trend that seems set to continue. With one in eight shops lying vacant across the UK, according to the British Retail Consortium, it’s a way of bringing life back to empty corners as well as a range of […]

How to protect yourself from land banking scams

• Wed 28^th February 2018
• Disputes

Land banking – when a company sells you a plot of land with the promise that it will soar in value if planning permission is granted – is still claiming a huge number of victims. In total, UK investors have lost an estimated £200 million so far, according to the Financial Conduct Authority (FCA), and […]

Battle of the beach huts – licensees or tenants?

• Mon 19^th February 2018
• Business Disputes, Disputes

The owners of five beach huts have failed in their legal bid to prove that their right to stay indefinitely on land at Portland, Dorset was guaranteed by a gentleman’s agreement they said went back generations. The case was dismissed in the High Court by Judge Paul Matthews, sitting in Bristol, who ruled that ‘promised’ […]

Landlords: urgent warning on gas safety and energy performance certificates

• Thu 15^th February 2018
• Disputes

A recent county court appeal case has shown how vitally important it is for landlords to make absolutely sure they give their tenants a gas safety certificate before they hand over the keys. In the case of Caridon Property v Monty Shooltz (2018), the landlord was refused a section 21 possession order to evict tenants […]

What makes a good lawyer?

• Tue 13^th February 2018
• For you

This was a question we were asked recently by a prospective client looking for a solicitor. We drafted this response to explain why, and how, Wards Solicitors can meet all your legal expectations and have shared it here as we thought it could be useful to others… Specialist legal experts in key locations across the […]

Not a ‘Pennymore’ for son who claimed he’d been promised his farmer father’s estate

• Fri 9^th February 2018
• Probate Disputes

Insisting someone promised you something before they died is not a good enough reason to have their Will overturned in your favour, a recent High Court case shows. Farmer’s son, Sam James, sued his mother and sisters for ownership of his late father’s £3m farm but has now been told by Judge Matthews in the […]

More and more people are contesting a Will – Wards Solicitors explain the grounds for taking action

• Thu 8^th February 2018
• Probate Disputes

The number of people contesting a Will and falling out over inheritance has increased dramatically in recent years. Statistics show that the number of cases involving adult children disputing their parents’ estates in the High Court is up on previous years – from 104 claims in 2014 to 116 in 2015 and 158 in 2016. […]

Why you need to make a new Will if you’re getting married

• Wed 7^th February 2018
• Wills & Mental Capacity

So you’re getting married? Congratulations! But did you know that this happy event automatically cancels out any previous Will you made, leaving you in a potentially vulnerable position? In effect, until you make a new Will, you don’t have a valid Will, which means that if you die, the laws of intestacy decide how your […]

Could the latest Inheritance Tax review ultimately help you and your family?

• Tue 6^th February 2018
• Wills & Mental Capacity

A sweeping review of inheritance tax has been ordered by Chancellor Philip Hammond amid claims that it is complicated, confusing and possibly causing ‘distortions to taxpayer decisions.’ The Office of Tax Simplification, an independent arm of the Treasury, will carry out the review. It will look at everything from submitting returns and paying tax, to […]

Septic tank changes – know your obligations

• Mon 5^th February 2018
• Conveyancing

The information below relates to properties in England If you own or are looking to purchase a property that is not connected to mains drainage and is instead served by a septic tank, there are changes coming in that you need to be aware of. Currently, where a property is served by a septic tank, […]

The muddy waters of adverse possession: Can a boat owner claim he owns a bit of a river bed after mooring there for 13 years?

• Sat 3^rd February 2018
• Business Disputes, Disputes

Adverse possession, more commonly known as squatters’ rights, has always been a rather complicated area of the law – and with two different rules for sorting out just who owns what, things aren’t getting any clearer. Adverse possession occurs when someone gains ownership of a piece of land because they have occupied it for a […]

Employers: can you use surveillance cameras to keep an eye on your staff?

• Fri 2^nd February 2018
• Business Employment

Suspect employees of stealing from you and want to prove it by secretly filming them at work with covert video surveillance? Think again. A recent case in the European Court of Human Rights (EUHR) ruled that a Spanish supermarket which filmed dishonest cashiers in this way, and then sacked them, had infringed their right to […]

What to do if your insurance claim is turned down

• Thu 1^st February 2018
• Disputes

We all know the importance of taking out insurance and we do it in our millions every year – everything from home, car and travel insurance to critical illness and life insurance We do it in good faith and in return, expect peace of mind and the knowledge that if something goes wrong, we are […]

High View or no view? – An unusual case of restrictive covenants for developers

• Tue 30^th January 2018
• Disputes

The Upper Tribunal has decided that a restricted covenant should be modified to allow a building development to go ahead despite a neighbour objecting on the grounds his view of the English countryside would be ruined. The case is an interesting one for developers. Finding a seemingly perfect potential site only to discover there is […]

Elderly man wins right to buy home he shared with deceased cohabitee from her estate

• Wed 10^th January 2018
• Probate Disputes, Wills & Mental Capacity

A recent probate appeal decision means an elderly man, who wants to carry on living in the house owned by his deceased cohabitee partner despite the heartfelt opposition of her daughter, will be allowed to do so. The case is an important one because Mrs Audrey Blackwell left 93-year-old Mr Thomas Warner, with whom she […]

Don’t be a J R Hartley

• Wed 3^rd January 2018
• For you

Those of us over a certain age will remember the 1983 BT advert for Yellow Pages where J R Hartley was looking for a copy of the book Fly Fishing. The ‘ah’ moment occurred when it was revealed that he had actually written the book. Why he hadn’t kept a copy or how he had […]

Residential landlords – your first New Year’s resolution: do you know your EPC rating?

• Tue 2^nd January 2018
• Conveyancing

If you are a Landlord of privately rented property, and have never looked at the Energy Performance Certificate (EPC)  for your property, then now is the time to do so. Particularly if you are one of the estimated 280,000 domestic private rented properties in England and Wales with an EPC rating of Band F or […]

First steps on the journey for residential leasehold reform …

• Fri 22^nd December 2017
• Conveyancing

Sajid Javid, the Secretary of State for the Department for Communities and Local Government, has announced new measures aimed at stopping unfair practices within the residential leasehold market. This announcement is in response to the Government’s consultation in the summer of this year. It has already been suggested that the measures are ‘weak’, but this […]

Gig economy workers may be entitled to years of back dated holiday pay

• Wed 20^th December 2017
• Business Employment, Employment

Companies that routinely use staff on self-employed contracts need to be aware of a landmark holiday pay ruling made by Europe’s highest court which could have huge implications in the UK. British window salesman, Conley King, worked on a self-employed basis but was found by the court to have workers’ rights meaning that his claim […]

Making sure your lasting power of attorney is legally effective, safe and protected from abuse

• Tue 19^th December 2017
• Wills & Mental Capacity

A recent ITV documentary called Elderly Theft – Robbing the Relatives, shone an alarming light on the way some people abuse their power over a loved one’s finances after being given power of attorney to manage that person’s affairs if they lose mental capacity. In England and Wales there are more than 2.6 million Lasting […]

Poisonous behaviour – how a Will was declared invalid using a rarely used and rarely successful challenge

• Thu 14^th December 2017
• Disputes, Probate Disputes

Fraudulent calumny. It’s not a phrase many people have heard of and is in fact so rare that even lawyers have to dust off their old text books when it comes up in legal circles. But a recent court case has confirmed that a Will can be set aside for this very reason after a […]

Living Wills – ensuring everyone involved in decisions about your care knows your wishes

• Wed 13^th December 2017
• Wills & Mental Capacity

The importance of letting your family or close friends know you have made a living will, as well as having it recorded on your GP’s digital and paper medical records, has been highlighted by the case of a woman who was kept alive for nearly two years against her wishes. Brenda Grant, 81, never told […]

Uber’s bid to take case on worker status straight to Supreme Court refused

• Tue 12^th December 2017
• Business Employment

The taxi-hailing app firm, Uber, has had its application to leapfrog the Court of Appeal and go straight to the Supreme Court, the highest court in the UK, turned down. The company made its move after the Employment Appeal Tribunal confirmed that Uber drivers should be classed as workers rather than self-employed and therefore able […]

‘Without prejudice’ and ‘protected conversations’ – getting it right as an employer

• Tue 5^th December 2017
• Business Employment

The need to exercise caution when it comes to using ‘without prejudice’ discussions and ‘protected conversations’ to ease along exit negotiations with an employee – and to appreciate the difference between the two, their advantages and limitations – has been illustrated by a recent case heard at the Employment Appeals Tribunal (EAT). In the case […]

Unmarried woman wins legal fight over bereavement damages

• Mon 4^th December 2017
• Cohabitation, Medical Negligence

A woman who was denied bereavement damages after her long term partner died has won a landmark legal battle to win fairer compensation for unmarried people who lose their partner. Jakki Smith from Chorley in Lancashire had been living with her partner, John Bullock, for 16 years and it was only after his death in […]

New calls for ‘no fault divorce’ as the effect of current law on separating couples comes under scrutiny once again

• Mon 4^th December 2017
• Family & Divorce

The question of whether the concept of ‘no fault’ divorce should be introduced into UK law has again been explored in another House of Commons Library Briefing Paper published last month. Interestingly, it comes as a new research paper by the Nuffield Foundation found that divorce law in England and Wales incentivises people to exaggerate […]

Uber seeks right to appeal to Supreme Court over workers’ rights ruling

• Wed 29^th November 2017
• Business Employment, Employment

The taxi-hailing app firm, Uber, has, as expected, launched an appeal against a tribunal ruling that said its drivers should be classed as workers rather than self-employed but has chosen to overshoot the Court of Appeal and take its case directly to the higher Supreme Court. A spokesperson for Uber said: “We have requested permission […]

Pop-up shops – the legal issues landlords and tenants need to know about

• Tue 28^th November 2017
• Commercial Property

Pop-up shops are a growing phenomenon – a stroll down many UK high streets reflects this. Once most common at Christmas, pop-ups are now a year round fixture and a market which generates a turnover in excess of £2.3 billion and employs more than 26,000 people. In 2015 alone, there were more than 10,500 pop-up […]

Attacked by a cow while out walking – what are your legal rights?

• Thu 23^rd November 2017
• Accidents & Injuries

As many of us who enjoy walking in the countryside know, cows can sometimes be unpredictable animals. Most of the time, they will look up with indifference then carry on grazing as walkers stroll through their fields – but every now and again, they will attack and it seems these incidents are on the rise. […]

Stamp duty news for the first time buyer

• Wed 22^nd November 2017
• Conveyancing

The government today announced a relief from stamp duty land transaction tax (SDLT), commonly known as stamp duty, for the benefit of first time buyers and to reduce their upfront costs. This is a recycling of a measure used before. The last such measure was ended in March 2012 as the government said it had […]

Employment Fees Refund Scheme opened up to all

• Wed 22^nd November 2017
• Business Employment, Employment

Anyone who paid an employment tribunal fee can now apply for a refund with millions of pounds set to be repaid to claimants and in some cases, to employers too. The move follows a four week pilot scheme during which 1,000 claimants were contacted directly by the government and encouraged to apply. It has now […]

National awareness week to help cohabiting couples understand their legal rights

• Tue 21^st November 2017
• Cohabitation, Family & Divorce

The drive to ensure that as many cohabitating couples as possible understand how limited their legal rights are compared to married couples is to continue with a special awareness week dedicated to the issue. Every year, Resolution, a national group of 3,500 family lawyers who believe in resolving family disputes in a constructive and non-confrontational […]

Why a personal conveyancing service wins over ‘conveyancing factories’ every time

• Fri 17^th November 2017
• Conveyancing

Buying and selling a home can often, as so many of us know, be a highly stressful experience and much of this can be down to the quality of the conveyancing service which deals with all the many legal aspects of the transaction. What many people don’t always know is that there are different types […]

Confirmed, at least for now – Uber drivers are ‘workers’ when it comes to employment law

• Wed 15^th November 2017
• Business Employment, Employment

In a legal saga that has been running for more than a year, the taxi firm Uber has lost its appeal against a ruling that its drivers should be classed as workers rather than self-employed. It is a case which has huge implications for people working in the so-called gig economy – a system of […]

Holiday pay must now include regular voluntary overtime

• Thu 9^th November 2017
• Business Employment

The vexatious issue for employers of calculating staff holiday pay, complicated by evolving case law over the last few years, has received some clarification, at least for now, after a recent ruling by the Employment Appeal Tribunal (EAT). Employees who regularly work voluntary overtime beyond their contracted hours must now have those payments included in […]

Act now to be ready in time for major new personal data regulations

• Wed 8^th November 2017
• Business Employment

Demanding and sweeping changes to the way organisations can store and handle personal data come into effect on 25 May 2018 making it vital that preparations begin as soon as possible to ensure compliance. The EU General Data Protection Regulation (GDPR) will replace the Data Protection Act (DPA) and will affect all firms that deal […]

Restrictive covenants – Employers: Are you protected?

• Tue 7^th November 2017
• Business Employment

The importance of taking painstaking care over the drafting of employment contracts – particularly when it comes to non-compete restrictive covenants – has been highlighted by a recent Court of Appeal decision. Mary Caroline Tillman won a legal battle against her former employer, Egon Zehnder Ltd (EZ), over a non-compete clause invoked after she resigned […]

Digital divorce – is it for you?

• Mon 6^th November 2017
• Family & Divorce

Married couples may soon be able to apply for a divorce entirely online in a legal shakeup designed to speed up the process and save the government money. The move is designed to cater for extremely straightforward and uncontested divorces but with 320 couples currently filing for divorce every day, what percentage of couples actually […]

Helping ordinary people make sense of the personal injury compensation system – Wards Solicitors back new publication

• Thu 2^nd November 2017
• Accidents & Injuries, Medical Negligence

A comprehensive booklet which aims to ensure that everyone understands their legal right to redress for personal injuries which were not their fault has been fully endorsed by Wards Solicitors’ accident and injury specialist lawyers. The publication, called Compensation Explained, has been produced by The Association of Personal Injury Lawyers (APIL), and explains in detail […]

Daughters win court battle to prove their parents’ mutual Will was valid

• Thu 26^th October 2017
• Disputes, Probate Disputes

When June and Bernard Clark decided to make a mutual Will with a legally binding promise never to change it, they probably hoped they were making things easy for their two children. Thirteen Wills later, that turned out to be far from the case with daughters Ann Legg and Lynn Burton ending up in the […]

Latest review means more Harlequin investors can now claim for compensation

• Wed 18^th October 2017
• Disputes

Even more people may now be entitled to compensation in relation to bad investment advice in Harlequin investments after the Financial Services Compensation Scheme (FSCS) conducted yet another review. The FSCS is already paying claims against firms for negligent mortgage advice and pension switching where the underlying investment was in a Harlequin resort. Now it […]

Handwritten, smudged and confusing – but still a Will worthy of interpretation

• Tue 17^th October 2017
• Disputes, Probate Disputes

The complex legal difficulties that can be caused by a homemade, handwritten Will have been graphically illustrated by a fascinating case recently detangled in the High Court. Friends, charities, church authorities and a forensic document examiner were all used in the complicated process of interpreting and determining exactly what 91-year-old Mr Veljko Aleksic’s wishes actually […]

Mind the gap – making sure your property purchase doesn’t trip you up

• Thu 5^th October 2017
• Commercial Property, Conveyancing

It’s easy to assume that on the day you ‘complete’ on the purchase of the property you’re buying, you become the legal owner. Let the champagne corks fly and the celebrations begin! But you may be moving too fast because of something that has become known as the ‘registration gap’ – the period between a […]

The new telecoms code – what does it mean for landowners?

• Thu 5^th October 2017
• Commercial Property, Commercial Services

A new draft code covering mobile phone and broadband infrastructure affecting all landowners with telecoms equipment on their land is to come into force, possibly as early as next year. The Digital Economy Act 2017 contains a new Electronic Communications Code to replace the current Telecommunications Act 1984, long criticised for being out of date, […]

Shine bright like a diamond? What commercial agents need to know about commodity exchanges

• Wed 4^th October 2017
• Business Disputes, Business Employment

When a judge begins his judgement with the words “Diamonds are not forever”, you know the case he was dealing with was without doubt a fascinating one. It involved a claim by family run diamond broker, Willie Nagel (WN, a firm), against its client, Pluczenik Diamond Company, one of the world’s leading players in the […]

UK investors lose out as Axiom Legal Financing Fund collapses

• Tue 3^rd October 2017
• Disputes

The Law Society Gazette has over seven articles reporting Solicitors including Senior Partners struck off, fined or otherwise sanctioned for misuse of funds received by their firms or themselves personally from the Axiom Legal Financing Fund, which was a £120m fund which was created in September 2009, and had as its stated aim, providing security […]

Older and vulnerable people may be left at risk by proposals to digitalise powers of attorney

• Wed 27^th September 2017
• Wills & Mental Capacity

Jenny Pierce, Wards Solicitors Head of Wills, Probate and Mental Capacity, has expressed concern about a new proposal to scrap the need for a paper and pen signature when registering a power of attorney amid calls to turn the process fully digital. A Lasting Power of Attorney is a powerful legal document which allows a […]

TCC limits defendants reopening adjudication at enforcement

• Tue 26^th September 2017
• Business Disputes

In the case of Caledonian Modular Ltd v Mar City Developments Ltd [2015] (Caledonian), Coulson J allowed the unsuccessful party at an adjudication to challenge the substance of the adjudication decision when it came to be enforced in the Technology and Construction Court (TCC). Coulson J stressed that this was a rare occasion and that […]

Cohabiting couples – make sure it’s clear who owns what if you split, including investment property

• Wed 13^th September 2017
• Cohabitation

Having property and land in an exotic location may seem like a faraway dream to most of us but a recent dispute involving a cohabiting couple who jointly owned several investment properties on a luxurious British Crown colony could have legal ramifications much closer to home. The case, which culminated when the Judicial Committee of […]

Settlement agreements – everything you need to know

• Mon 11^th September 2017
• Employment

So….your employer wants to talk to you about a settlement agreement. What do you need to know before embarking on discussions and, crucially, before signing anything? This article outlines the key points to help you make sure that the agreement you get is the one you want and deserve. What is a settlement agreement? Until […]

What do the latest employment tribunal statistics tell us?

• Thu 31^st August 2017
• Business Employment, Employment

The Ministry of Justice has published its annual employment tribunal award statistics – of particular interest as in July it was announced that tribunal fees are to be abolished after the Supreme Court ruled them unlawful and a barrier to justice. Despite fees being in place at the time, the total number of claims in […]

Government loses appeal to cut damages awarded to lung cancer asbestos victim

• Thu 31^st August 2017
• Accidents & Injuries

The Government has lost its appeal to reduce the damages paid to the family of an asbestos victim, who died after being exposed to the killer substance, because he was also a smoker. Cyril Hollow worked as a general decorator at a Plymouth dockyard between 1966 and 1986 where he indisputably came into contact with […]

Why lasting powers of attorney are effective safeguards

• Wed 30^th August 2017
• Wills & Mental Capacity

Jenny Pierce, head of the Wills, Probate and Mental Capacity team at Wards Solicitors, has come to the defence of lasting powers of attorney after Denzil Lush, the former judge of the Court of Protection, warned of a serious risk of abuse. What is an LPA? An LPA is a powerful legal document that allows […]

Small business owners – make sure your Will protects your interests

• Wed 23^rd August 2017
• Commercial Services, Wills & Mental Capacity

The importance for small business owners of making sure they have protected the future of their business in their Will has been highlighted by a new report. Recently released figures by financial services company, Legal & General, has revealed that more than half of Britain’s small business owners are leaving their business in a potentially […]

Divorcing Dobbin – Pets and Family Break-up

• Tue 22^nd August 2017
• Family & Divorce

As a nation of pet lovers, many of us can’t imagine our lives without our adored cat, dog, horse or small furry – and the thought of having to part with them is utterly heart breaking. And of course, this emotive issue can cause real difficulties when finalising a divorce or separation. Often, the separating […]

Pension Pains – what happens to my pension if I divorce?

• Mon 21^st August 2017
• Family & Divorce

After the matrimonial home, a long standing pension is often the most valuable asset to be determined as part of the financial settlement portion of divorce proceedings. But the truth is, pensions can be hideously difficult to split between former spouses. Here at Wards Solicitors we always try and encourage our clients to negotiate as […]

Estranged daughter inherits even though father’s Will states she should receive nothing

• Mon 7^th August 2017
• Disputes, Probate, Probate Disputes, Wills & Mental Capacity

When Stanley Nahajec made his Will, he couldn’t have expressed his wishes more clearly. “I have made no provision for either of my sons or daughter. I have not seen or heard from any of my children in the last 18 years and I do not believe they have any interest in me or my […]

Government scraps employment tribunal fees – what does it mean for employees and employers?

• Thu 3^rd August 2017
• Business Employment, Employment

Employment tribunal fees are to be abolished after the Supreme Court – the highest court in the UK – ruled them unlawful, despite the system having been in place for four years. The decision by seven Supreme Court justices to back an appeal by the UK’s largest public services union, Unison, overturned judgements by the […]

The Party Wall Act or the Technology & Construction Court – which decides compensation in a dispute?

• Wed 2^nd August 2017
• Business Disputes

When it comes to the Party Wall Act, not renowned for its clarity, disputes are pretty common occurrences. What is less common is for one of them to end up going all the way to the High Court to determine the appropriate method of assessing compensation. It all started when Lea Valley Developments Ltd entered […]

Irresponsible conduct with family assets could cost you dear in a divorce settlement

• Thu 27^th July 2017
• Family & Divorce

When it comes to divvying up the family silver on divorce, many people may be surprised to learn that even adultery or behaviour so unreasonable it leads to the breakdown of the marriage is highly unlikely to affect the final financial settlement. Section 25 of the Matrimonial Causes Act 1973 lists the factors that the […]

Time to end unfair leases on new build homes says government

• Wed 26^th July 2017
• Conveyancing, New Homes

Selling new-build houses on a leasehold basis in England could soon be banned under government plans to crackdown on what is seen as a growing problem. Flats can be continued to be sold as leasehold but ground rents will be dramatically reduced under proposals, subject to an eight week consultation, put forward by Communities Secretary […]

Minimum wage for sleepover care workers – sleepless nights for employers?

• Tue 25^th July 2017
• Business Employment, Employment

Carers employed overnight ‘just in case’ they are needed should be paid the hourly national minimum wage even when they are asleep, an employment appeal tribunal has decided. A notoriously difficult area of the law, particularly in the care industry – the case has opened a can of worms for employers and care-providing charities who […]

“I hereby leave you my entire estate – in a text message”

• Mon 24^th July 2017
• Wills & Mental Capacity

We all know that sometimes Wills can cause ructions within families – but just imagine the potential minefield if you could leave your entire estate to someone in a text message or a voicemail. A major overhaul of inheritance laws means that people may soon be able to make their Wills via electronic communications including […]

All employment tribunal decisions now available online – what employers should know

• Thu 20^th July 2017
• Business Employment, Commercial Services

The Government’s new online database of employment tribunal decisions, designed to make justice more transparent, is now live and available for the public to access and search. The database includes all first instance employment tribunal decisions handed down in England, Scotland and Wales and the new website allows visitors to search by name, date, judge, […]

I want to divorce my partner … but I don’t know where they are.

• Wed 19^th July 2017
• Family & Divorce

What’s the issue? The title of this blog could be mistaken for a tag line on the Jeremy Kyle show but surprisingly, this issue comes up more regularly than most people would expect. The absent or missing partner situation encompasses a wide variety of scenarios, from the simple  “I don’t have their new address” to […]

Helping the HM Land Registry shape the future of conveyancing

• Thu 6^th July 2017
• Conveyancing, New Homes

Researchers from the HM Land Registry (HMLR) have visited Wards Solicitors’ conveyancing team to gain a valuable insight into how lawyers currently order and obtain Local Land Charges (LLC) information in the course of their work. They will use this information to help create a user and business-friendly LLC register, an entirely new digital and […]

Why make a trust?

• Wed 5^th July 2017
• Wills & Mental Capacity

Trusts have existed for centuries and remain an extremely effective way for families to preserve and manage their wealth for the benefit of their heirs. Creating a trust, enables the person making the gift to attach certain conditions to it and with this element of control, comes peace of mind. Trusts play a vital role […]

Holidays with your children post separation – things to consider

• Tue 4^th July 2017
• Family & Divorce

As we approach the holiday season the temperature of the relationship with a former partner can begin to rise when the parties discuss taking the children on holiday. It doesn’t need to be this way. With a little gentle, expert advice and a reassuring guiding hand, this potential time of conflict can be navigated with little […]

How short does a marriage have to be to count as short?

• Thu 29^th June 2017
• Family & Divorce

An Appeal Court ruling that couples who divorce after short, childless marriages cannot expect to have their marital assets split down the middle by default is likely to have a considerable impact on family law. Senior judges ruled that Robin Sharp, who’d also had an affair, could not claim half his ex-wife Julie’s fortune after […]

Divorce and the corporate veil

• Wed 28^th June 2017
• Family & Divorce

A company is a separate legal entity, it is not a party to a divorce and assets owned by the company are not part of the marital pot. The court has power to order a transfer of shares from one party to the other as they are property belonging to the spouse. The value of […]

Making sure your final divorce agreement is final

• Thu 22^nd June 2017
• Family & Divorce

The importance of making sure your financial affairs are fully resolved, and approved by a Court, when you divorce has been underlined by a recent case. Glenn Briers and his wife Nicola married in 1984 but separated in 2002. A divorce decree was pronounced in 2004, but crucially, no financial agreement was ever signed or […]

Bristol City Council bans use of property guardian schemes for its empty buildings

• Wed 21^st June 2017
• Business Disputes, Commercial Property

Developers are being urged to tread cautiously if considering using property guardians to look after their empty properties after Bristol City Council announced it will stop using them in the future. Now, sadly, the message could be that if you want to protect an unused building until you’re ready to start renovation work it might […]

Can my Will include my ‘digital assets’ like photographs stored on my phone or online?

• Tue 20^th June 2017
• Wills & Mental Capacity

In an age where everything from photographs to bank accounts can be stored and accessed online, there are growing calls for people to be crystal clear about what they want to happen to their ‘digital assets’ after they die. This could even extend to making a provision for online data to be included in Wills. […]

Wife still technically married to estranged husband may inherit his estate

• Tue 13^th June 2017
• Family & Divorce, Wills & Mental Capacity