Why a Will is important

Surveys suggest that between 50% and 60% of adults in the UK have not made a Will. This means that a significant part of the population are relying on the intestacy provisions (the rules which govern the distribution of your estate if you have not made a Will) to distribute their money, property and possessions as they would wish. This will not always be the case. Writing a Will gives you control and allows you to choose not only who receives your estate but who will be responsible for carrying out your wishes. A Will can do much more and can be used to appoint guardian(s) for your children, protect vulnerable beneficiaries, benefit charities and, depending on the circumstances, stop you from paying more inheritance tax than you need to. It also prevents the arguments which…

Branching out down on the farm

The agricultural industry has faced hardship in a number of ways over the last few years, with the rising prices, labour shortages and supply issues caused by both the UK’s exit from the European Union and the Covid-19 pandemic increasing the suffering of farmers even further. Little wonder then, that entrepreneurial farm owners are looking to branch out and change the use of existing agricultural buildings on their land to put them to more profitable use in a bid to survive in the modern age. Like other types of property, you will often need planning permission if you want to change how you use your land or buildings from farming to something else, or you want to build a house on the land. However, as Tracie Middleton, Property Solicitor and agricultural law specialist at Pearsons…

Pearsons & Ward Solicitors supports Malton & Norton Rugby Union Club

Pearsons & Ward Solicitors, is proud to be supporting local rugby club Malton & Norton RUFC by sponsoring the home match against Scarborough on Saturday 12th February, kick-off 2.15pm. Pearsons & Ward (part of Ware & Kay Solicitors Ltd with offices in Malton, York & Wetherby) have always enjoyed a strong working relationship with Malton & Norton Rugby Club for many years and are delighted to show their ongoing commitment by providing match-day sponsorship. William Browne Club Chairman of Malton & Norton RUFC said “We are really looking forward to welcoming the team from Pearsons & Ward along with guests to our home game against Scarborough on Saturday.  Our association with this local firm of Solicitors goes back to the founding of our club in 1953 and we continue to value their support. As they…

Can I divorce my abusive spouse?

Sadly, if you are experiencing abuse in your marriage, you are far from being alone   with research suggesting that as many as one in four women and one in eight men will experience it at some point.  ‘Ending an abusive marriage will mean not only leaving your spouse, but also formally divorcing them,’ says Robert Bellhouse family law expert with Ware & Kay in York & Wetherby. ‘This is a daunting but important step, as studies have shown that abusive partners do not often change their ways and so your circumstances are unlikely to change if you remain in your marriage.’ As well as guiding you through the legal process of divorce, we will be on your side providing practical advice too.  We are connected with a wide range of support services and can introduce you…

Receiving an employment tribunal claim: what to do next

At some point, many businesses will receive a tribunal claim against them from an employee, former employee or even an applicant. Although a tribunal claim can seem daunting, knowing what to expect could help you defend the claim as effectively as possible. This article runs through what happens at the start of the process, sets out what to do to help prepare the defence, and gives tips on how to keep down legal costs. Acas early conciliation An employment tribunal claim usually does not come out of the blue. In most cases, the employee must contact Acas first to trigger early conciliation. Early conciliation lasts up to six weeks, during which time Acas mediate between you and the individual to try to settle the potential claim against your business. If the conciliation is unsuccessful, the individual…

Selling a rental property

One in five landlords plan to sell, citing increased regulation and less favourable tax treatment as reasons, according to a recent survey by a leading building society. ‘If you have a tenant, a key decision will be whether to sell with them in place or with vacant possession,’ says Tracie Middleton, Solicitor in the Residential Property Team with Pearsons & Ward in Malton (part of Ware & Kay Solicitors). ‘Talking to your professional advisors can help you weigh up all the pros and cons, and plan for the additional things to consider if you want your transaction to go smoothly.’ You can sell your property subject to the existing tenancy, which means your buyer will effectively step into your shoes as landlord. In contrast, if you sell with vacant possession, you must ensure your tenants leave…

The No-Fault Divorce – the end of the blame game

After being considered, debated, postponed again, no-fault divorce is set to come into force in April 2022 – but what does it mean for divorcing couples in the future? The current law As the law stands, married couples who want to divorce as quickly as possible can only do so by relying on one of two reasons; adultery or unreasonable behaviour.  Any couple wishing to avoid the allocation of blame is required to wait at least two years, and even then they will need one another’s consent.  If you think this does not sound like a very productive approach, you are not alone – the no-fault divorce has been hailed by many as a very welcome change. What’s changing? The no-fault divorce will enable couples to avoid allocating blame to either party, but the changes do…

Charitable giving and reduced rate of inheritance tax

At present, gifts to charities in your Will are exempt from inheritance tax and would be taken off the value of your estate before inheritance tax is calculated. Leaving money to charity in your Will could also reduce the rate of inheritance tax you pay. The reduced rate of inheritance tax was introduced by the Government in 2012 in order to encourage people to leave money to charity in their Wills. If the estate qualifies, it reduces the inheritance tax rate which is charged from 40% to 36%. To qualify, at least 10% of your net estate (or baseline amount) must be left to a charity or charities. The net estate is, generally speaking, the value left after the inheritance tax nil rate band (which is currently £325,000 and frozen at that level to 2026 or…

“One Day the Farm Will All Be Yours” – Grounds to challenge inheritance

As a child, I was oblivious to Uncle Len’s misfortune, writes Julie Bradwell, Solicitor with Ware & Kay. During a lifetime working on the land and loyal service to the landowner, he was promised, by his employer,  the land and house in which he lived, would be left to him in his employer’s Will.  Uncle Len never doubted this promise and in reliance, failed to make provision, should he be let down. The trust he placed in that assurance of future inheritance, also took away his motivation to pursue other opportunities for better employment, training, or further education. When his employer died, his Will left nothing to my uncle. He and my aunt had to leave the house which had been their home for decades, promised would be theirs one day. They did nothing further about…

Arrangements for children after a same sex divorce or separation

Following the introduction of civil partnerships in 2005 and same sex marriages in 2014, there has been an increase in families and then relationship breakdown between same sex parents.  Finding agreement over issues relating to children can be tricky in any relationship breakdown.  When a same sex couple separate it can raise several unique additional questions regarding arrangements for children and each person’s legal rights when children may be adopted, the parents may benefit from surrogacy or sperm donation, or one partner may have children from a previous relationship. Robert Bellhouse, a Solicitor in the family law team with Ware & Kay in York & Wetherby looks at some of the steps and considerations same sex couples need to bear in mind in relation to agreeing future arrangements for children.   Reaching agreement together In any family…