Don’t be a farming nuisance

08 December 2020 Litigation

A farm is an eternal hive of activity. There is always something going on, work to be done, developments to be made, and improvements to be completed. With such activities, some noise and disruption is inevitable. However, if your actions impact your neighbours to such an extent that it amounts to a nuisance, this could lead to untold legal headaches. Nuisance is unreasonable interference with another person’s use or enjoyment of land. Nuisance can be public, statutory, or private. Public nuisance Public nuisance can be a criminal offence and arises where a group of people are affected by your actions, for example if you obstruct the highway or pollute water supplies. Statutory nuisance Statutory nuisances are defined by the Environmental Protection Act 1990 as something which is ‘prejudicial to health or a nuisance’. This can include excessive noise…

Do I need to start my divorce prior to Brexit?

03 December 2020 Family Matters

If you are contemplating divorce, then you may need to consider whether it would be beneficial to commence proceedings prior to Brexit. This is particularly important if either you or your spouse are nationals of another EU country, if you last resided in another EU country while married, or if there are marital assets such as property in another EU country. ‘Unhappy couples often try to get through Christmas and put off calling a divorce lawyer until the New Year.’ However, Robert Bellhouse a Family Solicitor in the family law team with Ware & Kay in York & Wetherby says ‘If there is any international aspect to your relationship, it is a good idea to speak to a solicitor as soon as possible to discuss your particular circumstances and the options available to you prior to…

Are you concerned about family members contesting your Will?

03 December 2020 Wills and estates

We have seen that attempts to contest a Will are on the rise. In the past, such claims were largely limited to high-value estates but we are now seeing an increase in claims against estates of all sizes. When claims are made, the costs can run into tens of thousands of pounds and they can take many years to settle. The added stress of dealing with a claim along with the delay in bringing matters to a conclusion can be distressing for your loved ones. Our highly skilled and experienced lawyers can provide you with all the necessary advice and guidance when you make a Will with us. As part of our Will service, we are happy to prepare comprehensive Statements of Reason as a means of providing the best possible opportunity for claims to be…

Coronavirus and why you need to check your Will

01 December 2020 COVID-19

We have seen that the effects of the coronavirus are extreme and long-lasting. When thinking of the coronavirus, the last thing that most of us will have on our minds is the impact on our Will. The importance of reviewing your Will at this time should not be underestimated, however. Many business owners and employees have suffered financially this year. If you have suffered financial loss you may need to rethink the terms of your Will where you have included fixed sum legacies to beneficiaries. It may be the case that the fixed sums featured in the Will now exceed your net worth. This could be due to the fall in the value of your share portfolio, losing your job or having a reduced income whilst on furlough. We can guide you on the ways in…

Contesting a Will – do I have a case?

20 November 2020 Litigation

Will disputes are becoming increasingly common due to an increase in the elderly population, a rise in dementia and Alzheimer’s sufferers, changes in family structures and the increasing value of estates. What are the grounds for contesting a Will or estate? Claim under the Inheritance (Provision for Family and Dependants) Act 1975 If you have been left out of a family member or a friend's Will, or if you do not think you have been left enough under a Will, then you may be able to make a claim for reasonable financial provision under the above Act. There are a number of criteria which any potential claimant will need to satisfy, one of the most important ones of which is being able to demonstrate a "financial need". There is a time limit of six months from the…

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