What are the options if you believe there is a mistake in a Will?

The importance of leaving a Will cannot be stressed enough – it allows someone to pass away safe in the knowledge that they have provided for their loved ones and their assets will be distributed according to their wishes. ‘Some people think that it is unnecessary and costly to use a solicitor to draft their Will, relying instead on off-the-shelf or do-it-yourself methods,’ says Julie Bradwell, Associate and C.T.A.P.S. Registered Contentious Trust and Probate Specialist in the Litigation Department with Ware & Kay Solicitors. ‘However, there are many potential pitfalls when it comes to drawing up a Will, and the cost of getting it wrong can be high indeed.’  Julie Bradwell explains the options if you have been surprised by the contents of a Will and believe that there may have been a mistake. Problems with…

Lucy Wardle passes Solicitors Qualifying Exam and takes on Solicitor Role at Ware & Kay

Ware & Kay Solicitors is delighted to announce that Lucy Wardle has successfully passed the Solicitors Qualifying Examination (SQE) and will now take on the role of Solicitor in the Private Client Department at the firm’s York office. Lucy’s accomplishment marks the culmination of years of hard work and dedication. Having been a valued member of Ware & Kay for over five years, Lucy has established herself as an expert in Private Client work, handling matters such as Wills, Lasting Powers of Attorney (LPAs), Estate Planning, and Probate. Her technical expertise and empathetic approach to client care have earned her the trust of colleagues and clients alike. Lucy achieved outstanding results in her SQE, ranking in the top quintile for both SQE 1 and SQE 2 assessments. Her new role as Solicitor will see her…

Why is asset valuation important when a farming relationship breaks down?

A relationship breakdown is often stressful, with couples having to divide their belongings to achieve a fair financial settlement. For farming families, unique and complex challenges can arise following a break-up and the subsequent division of assets. Farming businesses, says Samantha Sinclair, Head of Family Law at Ware & Kay incorporating Pearsons & Ward Solicitors in Malton, York and Wetherby, are often passed down through many generations. There are frequently third parties who can claim an interest in the farm. Accurately valuing all farming assets and determining who owns what is therefore vital before a financial settlement can be worked out.  As with any other split, the aim when a farming couple divorce is to reach a fair financial settlement, taking into account the contribution each has made to the farm, the needs of any…

Ware Kay incorporating Pearsons & Ward Solicitors appoints Sarah Parker as Head of Agriculture

Leading law firm Ware & Kay incorporating Pearsons & Ward Solicitors is delighted to announce the appointment of Sarah Parker as Head of Agriculture. Sarah is the latest appointment to join Ware & Kay which serves clients across North, East and West Yorkshire. Sarah is a specialist agricultural solicitor with a wealth of knowledge in this sector and will be acting for clients within the farming community. In her role at Ware & Kay, Sarah will be consolidating our work with farmers, landowners and the rural community and providing expert advice and guidance to clients on a variety of matters. This includes assisting farmers, estate owners, and rural businesses with land purchases and sales, agricultural leases, and farm business tenancies. Sarah will also support clients with succession planning, partnership agreements, and first registrations of unregistered…

  How is future earning potential considered in a financial settlement?

When navigating a divorce or dissolution of a civil partnership, financial stability is a priority. Future earning potential often plays a key role, particularly if one partner sacrificed their career to support the family or enable the other to progress professionally. ‘You may also wonder how plans to retire early or reduce work hours could impact this,’ says Samantha Sinclair, Head of Family Law at Ware & Kay. ‘Understanding how future earnings are considered can help you make informed decisions and prepare effectively.’  The Court’s Approach When determining a financial settlement, the court considers all relevant circumstances, including future earning potential. This assessment may involve: Current work and earnings; Qualifications and skills; Experience and employment history; Projections of future earning capacity. Future earnings are vital for assessing income needs but are not treated…

Selling a shared ownership property

The popularity of shared ownership continues to grow; there are now over quarter of a million shared ownership homes in the country. The appeal is understandable; it bridges the gap between renting and outright ownership and has helped many take a first step onto the property ladder. However, it differs significantly from more conventional forms of ownership. ‘Shared ownership is a great way of buying a home you may not otherwise be able to afford,’ says Louise Davis, Senior Associate & Head of Residential Property in Malton. ‘On a day-to-day basis, apart from the rent element, you may notice few differences from conventional ownership. However, this is likely to change when you come to sell. With shared ownership, there are certain procedures you must follow, and these can be complicated.’ Louise answers some common questions…

ACAS, mental health and reasonable adjustments: what employers need to know

Employers are increasingly aware of the importance of supporting employees’ mental health for many reasons, including improved retention, attendance and productivity. Underpinning this is a legal duty to make reasonable adjustments where the individual’s mental health condition is a disability under the Equality Act 2010. Mental health problems need to be taken as seriously as any physical conditions. Employers may be expected to make adjustments even when the individual does not consider themselves to be disabled. Understandably, managers may have concerns about privacy or not being equipped for dealing with mental health issues in the workplace. Last year, Acas published their guidance on reasonable adjustments for mental health, which provides practical advice on the topic. In this article we highlight the employers’ legal responsibilities, give examples of reasonable adjustments for mental health, and offer a few…

Ware & Kay urges families to start the New Year with a legal health check

The New Year is often seen as a time for fresh starts and resolutions, but it’s also a good opportunity to ensure your legal affairs are in order. Vicki Duffy from Ware & Kay Solicitors in York is encouraging local families to begin 2025 with a legal health check. A legal health check can provide peace of mind, ensuring your plans align with your current circumstances and any recent life changes. Vicki Duffy, a member of The Association of Lifetime Lawyers, explains that taking early action can safeguard your future, clarify your wishes, and offer security for you and your loved ones.” “Life doesn’t stand still, and neither should your legal documents,” says Vicki. “The start of the new year is the perfect time to review key legal documents to ensure they accurately reflect your…

Misconceptions in Valuing an Estate for Probate. Pitfalls for Beneficiaries and the Disinherited

It is not unusual for misunderstandings to occur about the value of a deceased’s estate, risking substantial financial loss to a beneficiary or a claimant against an estate, if not legally advised. “Joint Bank Accounts” In my experience banks often mislead people that “Joint Accounts” are not part of the deceased’s estate. The ownership of a bank account held in more than one name depends on the circumstances. An elderly widow befriended a gentleman. He suggested adding his name on her bank account to assist her with banking and she agreed. Later she died and left all her estate to her adult children.  The bank told the gentleman that as he was the survivor of their “Joint Account”, her life savings in that account were not part of her estate to pass to her children, the…

Anticipating Tax Reforms: What Farmers and Family Businesses Need to Know

As the seasons change and we settle into winter, the aftermath of the Autumn Statement delivered on 30 October is still fresh in the minds of rural family businesses. While the chancellor set out broad financial plans, the finer details—particularly those concerning tax changes—are expected to be rolled out in Summer 2025. For farmers and rural enterprises, this delay only prolongs the uncertainty surrounding potential reforms to capital taxes, such as inheritance tax and capital gains tax. These taxes hold significant importance for farming families, where reliefs for agricultural property (farmland and buildings) and business property (the trading aspects of a farm) are vital for preserving generational ownership and business continuity. Over the years, discussions around reforming these reliefs have been a recurring theme, typically aimed at increasing government revenue. While no immediate changes have…