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Wetherby 01937 583210
Malton 01653 692247
Legal updates

10 March 2020 Residential property

The Rented Homes Bill had its first reading on 22 January 2020. The first thing the Bill does is to abolish assured shorthold tenancies (ASTs) in England. ASTs were created by the Housing Act 1988 to strengthen the rights of landlords and increase the supply of private rented accommodation. An AST is a type of assured tenancy; its advantage from the point of view of a landlord is that, in addition to the grounds for seeking possession that are available to all assured tenancies, possession may also be obtained using the procedure set out in Section 21. The advantage of an AST for a tenant is the possibility of referring excessive rents to a rent assessment committee. The demise of the AST is intended to ‘reset the balance of rights and responsibilities between landlords and…

06 March 2020 Employment advice

April brings with it the usual annual increases to the national minimum wage and statutory pay for family-friendly leave and sickness absence. But the effects of Good Work: the Taylor review of modern working practices, published in 2017, are still being felt and changes are being introduced to protect vulnerable workers in increasingly flexible business models. As Gillian Reid, employment law expert with Ware & Kay in York & Wetherby explains, changes to IR35 tax rules are also expected along with the introduction of the right to parental bereavement leave. A raft of measures designed to protect vulnerable workers also come into force. Gillian rounds off with a word on Brexit. Employers should prepare for changes on the following dates:  From 1 April 2020 Increase in the national living wage for workers aged 25 and…
05 March 2020 Wills and estates

What is a trust? A trust is a legal arrangement where individuals are chosen (known as Trustees) to look after assets for the chosen beneficiaries.  Trusts can take effect during a person’s lifetime or alternatively, they can be incorporated into Wills which take effect on death.  This article focuses on Will Trusts.   Circumstances where a Will Trust would be beneficial Most of us are unaware of the various ways in which setting up a Trust in a Will can help safeguard assets and protect beneficiaries including existing family members and also future generations.  Some key uses of Will Trusts are set out below: Vulnerable beneficiaries. This could be relevant if the beneficiaries of your estate are physically or mentally disabled, are insolvent or have issues with substance abuse, for example. Setting up a Will Trust…
05 March 2020 Wills and estates

What is a Will? A Will is a legal document setting out what should happen to your assets after you die.  To be valid, a Will must be executed in accordance with certain legal formalities.  If you make a Will with Ware & Kay, we ensure that these formalities are complied with. Do I need a Will? If you have assets at present or you at least expect to acquire assets in the future, the answer is yes.  In any event you should make a Will if you have minor children, to make provision for their future needs.  A carefully drafted Will prepared by one of our legal experts would establish your wishes clearly and minimise the risk of disputes and distress caused to your loved ones following your death. What happens if I die…
05 March 2020 Family Matters

If family circumstances mean that it is not possible for children to live with their parents, or a local authority has decided that the children ought to be taken into care, there is often a strong wish that the children should instead to go to live with a member of their extended family.  In this article, Robert Bellhouse, family law expert with Ware & Kay in York & Wetherby, explains the options where grandparents want to put themselves forward as carers. ‘The most usual route for a grandparent who wants their grandchildren to live with them is to apply to the family court for a Child Arrangements Order, explains Robert’  ‘This is an order which, if granted, gives grandparents the legal right to have their grandchildren live with them and to be involved in decisions…
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