Contentious probate: challenging a Will

Inheritance disputes can arise for people in all walks of life, but are particularly prevalent among farming families – often due to the complex ways farms are held and run, or poor succession planning. Julie Bradwell, Litigation Solicitor and agricultural specialist at Ware & Kay incorporating Pearsons & Ward Solicitors in Malton, York & Wetherby, explains how farming inheritance wrangles commonly arise, and outlines your options if you feel you have not received your fair share in a Will. A farming Will could be challenged for a range of reasons including claims for: Proprietary estoppel A common cause of farming inheritance disputes is where the testator promised to leave you something in the Will, and you relied on this pledge to your detriment, but the promise was broken. This might arise, for example, if…

An overview of Flexible Working Arrangements

Flexible working refers to arrangements that allow employees to have greater control over when, where, and how they work. This can include options such as flexitime, remote working, compressed workweeks, job sharing, and part-time work. The aim of flexible working is to support employees in achieving a better work-life balance, increase job satisfaction, and improve productivity. In the case of Wilson v Financial Conduct Authority an employment tribunal considered an employer's rejection of a flexible working request to work entirely from home. The employer's policy was that employees should work in the office 40% of the time.  Currently, an employer must notify an employee of their decision, including the decision on any appeal, within three months from the date of the employee's request (or a longer period if the parties agree). From April 2024, this decision…

Selling a leasehold property where there is a problem or dispute

 If you are selling a leasehold property, as part of the standard conveyancing process, your buyers will expect you to provide certain information about your property. There are set forms for this, including one which relates specifically to leases that asks if you are aware of any problems regarding the service charge or any complaints about your landlord, the management company, or any neighbour. Unfortunately, occasionally disputes occur and usually these can be resolved over time. But what if you are keen to move, can you still put your home on the market and hope to find a buyer at the right price? ‘It is important to be realistic in your expectations if there is a problem with a leasehold property,’ cautions Louise Davis, Associate in the Residential Property Department with Ware & Kay incorporating Pearsons…

Promotions and grading; an employer’s guide to the risks

Giving employees clear pathways and opportunities for promotion and increasing pay grades will help to improve performance and keep staff motivated and committed to your organisation. ‘These, along with fair and consistent practice, should reduce the risks of discrimination and an equal pay claim when promoting staff and rewarding employees with increased pay grades,’ says Kalpesh Nakeshree, Head of Employment with Ware & Kay incorporating Pearsons & Ward. Kalpesh warns that legal risks may arise in promotions and increasing grading and he highlights ways to address these. Discrimination risks Unlike most claims for unfair dismissal, employees do not need two years’ service to bring a discrimination claim. Where conscious or unconscious bias is at play in deciding who to promote, employers may be at risk of a claim for direct discrimination. For example, if the…