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Wetherby 01937 583210
Malton 01653 692247
Legal updates

17 March 2025 Farming & Agriculture

With Spring underway, many rural businesses are thinking ahead to the coming tax reforms, particularly concerning inheritance tax and capital gains tax. While the full details are expected in Summer 2025, now is the ideal time to review not just your tax position, but also your legal arrangements as a whole. “One of the most common causes of delay in succession planning or business transactions is uncertainty over property ownership and legal documentation,” says Sarah Parker, Head of Agriculture at Ware & Kay incorporating Pearsons & Ward Solicitors in Malton. “This can create significant challenges, particularly in rural estates where land has been passed down through generations. Unwritten agreements, missing title deeds, and unclear ownership records can slow down transactions, increase costs, and lead to unexpected disputes”. Key areas to review Title Deeds…

12 March 2025 Family Matters

If you have been presented with a prenuptial agreement (often referred to as a ‘prenup’) hopefully this is not a surprise to you, as it is now seen as a sensible measure for many couples. However, you may be wondering if you have to agree to everything set out in the document, or how strong your negotiating position is if you want to propose changes to some of the terms. ‘Planning a wedding is exciting, but it can also bring up some important financial conversations, such as whether to have a prenuptial agreement,’ says Samantha Sinclair, Head of Family Law with Ware & Kay. ‘It is important that you understand and agree to all terms of the agreement. There are some crucial points to consider before you contemplate signing one.’ Do I have to sign…
04 March 2025 Residential property

If you own a leasehold property, on a day-to-day basis you may not notice any differences from owning a freehold. However, leasehold means you do not own your property outright, only the right to occupy it for a set number of years. Your property is therefore a depreciating asset. The difference between owning a leasehold property and a freehold one may be most apparent when you plan to sell it, especially if you have 90 years or less left on your lease. The fewer years left on your lease; the more difficult selling can become. ‘Selling a property with a short lease can be challenging,’ agrees Holly Stevens, Director and Head of Residential Property with Ware & Kay. ‘However, it should not prevent you moving home provided you get the right advice and plan ahead.’ Holly…
04 March 2025 Litigation

There are more than 700,000 step-families in the UK, according to the most recent figures from the Office for National Statistics. Sadly, there has been significant growth in the number of inheritance disputes between first and second families, with stepchildren having several routes to challenge their parent’s Will. ‘Most children expect to receive an inheritance from their parents and while they may worry about this from time to time, they are usually more concerned that their parent is happy and is not lonely,’ says Julie Bradwell, Associate and C.T.A.P.S. Registered Contentious Trust and Probate Specialist in the Litigation Department with Ware & Kay Solicitors. ‘However, when that parent dies, unless they left a valid Will with specific bequests to the children of their first marriage, those children may become disgruntled if they see you are due…
04 March 2025 Employment advice

If you are starting a business from scratch or expanding and you need people to work for you, your first crucial decision is whether to use employees on a fixed term basis or engage self- employed free lancers. The choice will depend on various factors and each status has disadvantages and advantages, but the difference between the two is crucial as not all contracts say what they mean. ‘Understanding the difference in employment status is important as this determines your legal obligations. The differences can be subtle, and it can be all too easy to fall into the trap of treating a freelance worker as an employee, and visa versa,’ says Jessica Gowar, Head of Employment with Ware & Kay. This can lead to misunderstandings between you, and can leave both parties in vulnerable positions. It…
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