Financial “Abuse” of the Elderly and the Lasting Power of Attorney

It’s often thought useful to create a Lasting Power of Attorney, in case you lose capacity. Close family or trusted persons might otherwise be unable to access your bank accounts, sell your property etc., without the cost and delay of applying to the Court of Protection, to appoint a deputy, to manage your affairs, if you suddenly lost capacity. But there are down sides writes Julie Bradwell, Dispute Resolution Solicitor with Ware & Kay.  “I often see siblings at war, who have lost trust in close family members, often brothers and sisters and allege the sibling, appointed Attorney, under a Lasting Power of Attorney, is taking unauthorised money from their loving parent’s bank accounts for themselves. Equally, there are tragic cases of parents who genuinely wanted to make a generous financial donation to their adult child…

Should I start a Christmas Tree Farm on my land?

From offering holiday accommodation to selling Christmas trees, astute farmers are finding ways to create new income streams. Income generated by diversification is now a vital part of many farming businesses but it can involve unfamiliar legal, planning, staffing plus health and safety issues. Taking time at the outset to identify and address those issues can avoid costly disputes further down the line says Head of Dispute Resolution at Ware & Kay Johanne Spittle. Before you embark on a new diversification project it is important to check whether there are any restrictions on how you use your land and that you carefully consider the potential impact that a new venture may have on your neighbours. Where your land has previously formed part of a larger estate which was divided up, it is possible that the original…

Financial arrangements after dissolution of a civil partnership

According to the Office for National Statistics, since the introduction of civil partnerships in 2005, over 65,000 couples have formalised their relationship in this way and been afforded similar legal rights to those of married couples, including when it comes to separating. Since 2015, each year has seen over 1,200 couples dissolving their civil partnership and having to sort out their finances as they seek to start a new life. Our family law team expert with Ware & Kay in York & Wetherby explains that ‘While some of the formalities are different, when it comes to dealing with financial disputes arising from the dissolution of a civil partnership the same principals apply as would on divorce’. Full and frank disclosure Before you can be advised on how your assets are likely to be divided, it is…

The hidden costs of leasehold property

You may have seen recent media reports on the so-called leasehold scandal. First, escalating ground rents, which increase exponentially after periodic reviews. Then, the cladding crisis, which has spotlighted the costs landlords can pass on through service charges. So, if you are buying a new home, should you avoid leasehold properties? ‘There are definitely more issues with a leasehold home than a freehold one,’ agrees Holly Stevens, Head of Residential Property with Ware & Kay at York.  ‘However, this does not mean you should discount a leasehold property. While there may be extra things to consider, we will help you to mitigate risks and there are also government reforms in the pipeline, which will increase protection.’ Here we look at some of the issues and the additional costs which arise with a leasehold property. Ground rents…