York - 
06 September 2024
Wills and estates
Many of us like to include legacies (gifts) in our Wills whether to family, friends, executors and /or to charities. Legacies can be general (usually an amount of money) or specific (particular assets you own such as jewellery) Including a legacy in a Will may seem straightforward but there are issues which should be considered. What is the priority? Legacies take priority and are paid before the remainder of an estate is distributed. You may include a gift of £100,000 to your grandson on the basis that you were worth £500,000 when you made your Will and specify that your daughter should receive the remainder of your estate. However, if your net worth was £150,000 by the time of your death, would you still wish for your grandson to receive £100,000 if your daughter…
03 September 2024
Property Disputes
On current estimates, the United Kingdom needs over four million new homes to meet its housing needs. So, if you own a small plot of land which you no longer need or wish to maintain, now could be a good time to sell, especially if your plot has development potential. ‘The prospect of selling to a neighbour or family member may feel very different from selling to a developer, but it is important to consider all the implications and take legal advice early on,’ says Holly Stevens, Director & Head of Residential Property with Ware & Kay incorporating Pearsons & Ward Solicitors. ‘For example, if you sell land to a neighbour to extend their garden, think how you would feel if they later sold the land for development and made a substantial gain.’ You…
21 August 2024
Residential property
It is estimated there are over 100,000 park homes in England, with a 15 per cent increase in the delivery of new park homes in the last year. This is in addition to the number of static caravans on dedicated holiday parks. ‘Buying a park home is an increasingly popular option, agrees Catherine Edge, Senior Associate and Deputy Head of Residential Property team with Ware & Kay incorporating Pearsons & Ward. ‘It appeals to all sorts of people; retirees, downsizers, or those simply looking to make the most of their leisure time. It can be a major financial commitment, so it is important not to scrimp on professional advice.’ Catherine answers some the common questions about the legal aspects of buying a static caravan or park home. How is a park home different from…
19 August 2024
Litigation
Being separated from your child can be heart-wrenching, and yet some parents have to overcome some significant hurdles to be able to spend time with their children in a way that many families take for granted. Direct access is the ultimate goal, and in this article we will focus on the different types of direct access, and what steps can be taken to finalise any agreement or seek a way forward if agreement cannot be reached. Direct access means any contact a parent has with a child that is face to face. It can be in many different formats and can include restrictions if necessary to meet the child’s welfare needs. Why have direct access? Before we consider the different types of direct access arrangements, we will take a quick look at the reasons to have…
14 August 2024
Litigation
A landlord has a number of remedies available to it if a tenant stops paying their rent. It is important that as a landlord you choose your remedy wisely because it may not be possible to back track and select a different route once you have embarked on a course of action. Option 1: Forfeiture A well drafted commercial lease will include a right of re-entry, or a right to end the lease, if rent is unpaid for a certain number of days. The right can be exercised by court proceedings or by simply re-entering the property by ‘peaceable re-entry’. Peaceable re-entry is quick and effective and provided that there is no possibility of it being challenged, for example by the landlord having waived its rights, then it is invariably the preferred method of re-entry…
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