What will happen to our shared property if my partner passes away?

While purchasing a home with your partner can be an exciting prospect, it's important to consider the legal ramifications, especially in the case that one of you passes away. If you are not a lawyer, it is especially crucial because there is a lot of legal jargon that could make things complicated to understand. Ex-judge and author, Stephen Gold has spoken at length on the matter. He said: If you are joint tenants, when one of you dies during ownership, their interest automatically passes to the other - which could mess things up. For example, your Will may have gifted your interest to your children. That won't count. But if you own as tenants in common, you are each free to gift your interest to a third person although you can still gift to the other…

Claiming compensation for negligent financial advice

Sometimes we need to make a financial decision that is of such importance we decide to pay for professional advice. This may be from an accountant, a tax specialist, a pensions expert, a mortgage consultant, an independent financial advisor, a land valuer or surveyor, or even a lawyer offering financial or tax planning services.   By seeking professional input, we aim to arm ourselves with the information needed to ensure that the decisions we make are well-informed and that they are geared towards helping us to safeguard or improve our financial fortunes rather than making them worse. So where do you stand if you discover, possibly months or even years down the line, that the advice you have been given may be wrong or inappropriate and where it is likely that your financial interests have been harmed…

Seven out of ten parents in Yorkshire have no legal guardian in place to care for their children in the event of their deaths

Research commissioned by SFE (Solicitors for the Elderly) and Ware & Kay Solicitors shows 67% of parents in Yorkshire have no legal plans in place to make sure their children are looked after, should the parents die. According to the research, parents in the region are almost completely unaware of the risks of not identifying a legal guardian in a will. Only one out of ten of parents understand that social services or the courts can step in to decide what happens to your children if you don’t have a will in place. SFE, a membership body of over 1,700 UK solicitors specialised in advising people planning for the future, is calling on parents to make sure they have an updated Will in place ahead of Update Your Will Week 2023 (23rd – 29th January). Sian…

Key considerations for buying a home off plan

Does the idea of a brand-new home appeal to you? If so, you are not alone as the last two years have seen a dramatic rise in the number of people buying off plan. Whether you are looking for your forever home, an investment property, or a holiday hideaway, buying off plan has its own challenges. Holly Stevens, Director & Head of Residential Property with Ware & Kay in York explains, ‘As with any property purchase, you should do your homework and consider all the pros and cons. Buying off plan also raises some specific legal issues, so it is important to get advice from the right professionals.’ Here she answers some of your questions. What exactly is buying off plan? Buying off plan involves committing to purchase a property you have not seen…

What employers need to know about hidden disabilities

Have you ever spotted someone wearing a lanyard with a sunflower as a means of indicating that they have a non-visible disability (also known as a hidden or invisible disability)? But not everyone wishes to advertise their disability, and some people may not know that they have one. ‘Employers are sometimes surprised by the level of support that they are legally required to provide to disabled employees,’ according to Kalpesh Nakeshree, Head of Employment Law with Ware & Kay. ‘What can come as an even greater surprise is that those legal obligations may arise even if the employee has not told their employer about the disability.’ Kalpesh looks at hidden disabilities and debunks some common myths about what employers need to know to trigger their responsibilities under the Equality Act 2010. What is a disability…

Step-by-step guide to no-fault divorce

Since April 2022, couples have been able to seek a divorce after one year of marriage without having to blame their former partner for any reason. Prior to the change in the law, couples who agreed to separate had to wait at least two years before they could divorce.  If they wanted a divorce prior to this, then blame had to be attributed to their spouse.  There were no alternative options. Robert Bellhouse, a Family Solicitor with Ware & Kay in York & Wetherby explains, ‘Thankfully the introduction of no-fault divorce means you can now petition straight away without blame being attributed to either spouse.  It is hoped this will lead to less acrimony, which could ease financial negotiations and foster better relations between divorcing parents which can only be seen as a positive for…

Is a prenup part of your business risk management strategy?

Managing risk is an essential part of any business operation and while personal relationships do not often appear high on a business risk register, an acrimonious divorce has the power to devastate a small business. ‘While few anticipate or want to believe their own marriage will break down, sadly recent statistics show that over a third of all marriages end in divorce,’ says Robert Bellhouse family law expert at Ware & Kay in York & Wetherby. ‘It is not uncommon for directors of a family business to insist that members of the next generation enter into a prenup before they get married, in order to protect the business assets from the effects of a divorce.’  It is sensible for all entrepreneurs to consider a prenuptial agreement if they are thinking of getting married or entering…

Carving up a family farm after divorce or separation

While January is a time of new resolutions and fresh starts, Christmas may have been a difficult time with strained relationships in hard-pressed farming families, many of which are still struggling with the aftermath of Brexit, Covid and the current cost-of-living crisis. It is little wonder then that the first Monday of January is known amongst family lawyers as ‘Divorce Day’, with so couples having reached breaking point and looking to split up or file for divorce. Divorce or separation is always a stressful time, as couples seek to split their joint belongings and make arrangement for their children, but can be especially difficult for farming families whose assets may not be easy to divide, as Robert Bellhouse, family law specialist at Ware & Kay Solicitors in York & Wetherby explains. When couples divorce, the…

Congratulations to newly qualified solicitor - Lucy Riley

Leading Law Firm Ware & Kay Solicitors is delighted to announce that Trainee Solicitor Lucy Riley has now qualified as a Solicitor. Lucy started her legal education in 2015 at the University of Hull studying LLB Law (Hons). She completed her LLB degree after 3 years and graduated in 2018 with a 2:1. She then went on to study the Legal Practice Course (LPC) combined with LLM Masters in Professional Legal Practice at the University of Law in Leeds and completed her LPC LLM after 1 year, graduating in 2019 with a Distinction. Lucy was then fortunate enough to secure a position as a Litigation Paralegal with Ware & Kay commencing in July 2019 where she was a Paralegal for 2 years before being offered a Training Contract with the firm which commenced in July…

Ware & Kay Solicitors appoints Risk & Compliance Officer to growing team

Leading law firm Ware & Kay Solicitors is delighted to announce the appointment of Jack Hedley as the new Risk and Compliance Officer for the firm. Jack specialises in ensuring compliance with regulatory obligations, professional and practice standards, maintaining practice manuals and policies and proactively keeping abreast of changes in the regulatory field.  He will also ensure that the relevant legal, financial and data protection legislation and frameworks are adhered to. His role will see him act as the ‘eyes and ears’ of industry body the Solicitors Regulation Authority (SRA), ensuring that structures and procedures are in place as the company continues to grow. Originally from Newcastle Jack arrives at Ware & Kay with over 8 years’ experience in the legal industry.  Having completed a law degree at Leeds University in 2013 before spending time…