Contesting a Will – do I have a case?

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…

How to avoid being a victim of property fraud

Property fraud is where fraudsters try to ‘steal’ your property, most commonly by pretending to be you and selling or mortgaging your property without your knowledge. Since 2009, the Land Registry has stopped fraud on properties worth more than £80 million. Holly Stevens, Head of Residential Property at Ware & Kay in York advises how you can protect yourself from becoming a victim of property fraud. Who is at risk? You are more at risk of property fraud if: your identity has been stolen; you rent out your property; you live overseas; the property is empty; the property is not mortgaged; or the property is not registered with the Land Registry. Ways to protect yourself There are several steps you can take to protect your property from being fraudulently sold or mortgaged: Ensure…

Preventing claims of stress at work

According to the Health & Safety Executive stress is ‘the adverse reaction people have to excessive pressures or other types of demand placed on them’ by their job.  As an employer, you owe your employees a duty of care. That is, a duty to provide a work environment where employees are not caused psychological harm and should they suffer work-related psychological harm, you must do everything that is reasonable to prevent continuing harm. ‘In determining whether an employer is responsible for stress in the workplace and therefore liable to pay compensation, the court will determine whether an employee’s work-related stress was 'reasonably foreseeable' by the employer,’ explains Gillian Reid, employment law specialist at Ware & Kay in York & Wetherby.  ‘In other words, could you have predicted the work-related psychological harm and should you have prevented…

Legal top tips when building a granny annex

Building a granny annex can seem a perfect solution to many families; not only is it a way of consolidating family assets and passing on wealth but it also provides an immediate solution to childcare and a longer term plan for caring for elderly parents. However, before embarking on this project it is important that you consider and avoid the potential pitfalls! Disputes about ownership further down the line are unfortunately common and so it is essential that the arrangements are properly documented and legal advice is obtained. If you are combining finances with other family members then it is important that this is properly documented. If, for example, it is intended that the property will be owned jointly, as tenants in common, consideration needs to be given to what happens after your parent dies and…