Make a Will with St Gemma’s Hospice 2022

Ware & Kay Solicitors has once again teamed up with St Gemma’s Hospice to give you the opportunity to have your Will written free of charge in exchange for a donation to the Hospice during the month of October. Why make a Will? We spend our lives working to provide for ourselves and our loved ones. As life changes around you, it is a good time to consider making your Will. Making your Will means you can be certain that your wishes are followed after your death. Making a Will is often seen as a very sensitive subject, one which many people prefer to put off until a later date. However, a professionally written Will can make life much easier for our loved ones when the time comes. A Will is the only way to make sure your money, property, possessions…

Buying a property with cash

If you are searching for a new home, you may have come across the term ‘cash buyers only.’ Rather than expecting you to turn up with a trunkful of money, the agent is looking for a speedy sale to someone who does not need to borrow money via a mortgage and is in a position to proceed. Likewise, if you are selling a property, your estate agent may describe someone as a ‘cash buyer’ indicating that they are mortgage free. Most people see being a cash buyer as a positive, but what does this term really mean, and how could a cash-only transaction benefit you? ‘There can be distinct advantages to being a cash buyer, or selling to one,’ agrees Holly Stevens, Director and Head of Residential Property with Ware & Kay in York ‘Unfortunately, there…

Do you have Employment problems?

We offer a Claims Assessment Package specifically for employees

Problems with your staff?

We offer a Claims Assessment Package specifically for employers

Her Majesty Queen Elizabeth II’s State Funeral Monday 19th September, 2022

Application to modify restrictive covenant on agricultural land unsuccessful despite grant of planning permission

In a recent case before the Upper Tribunal (Lands Chamber), Collins and another v Howell and another [2022], the Tribunal was asked by Mr and Mrs Collins to modify a restrictive covenant to permit the construction of a manège on their land at Newpark Stables in accordance with a planning consent that had been obtained. Mr and Mrs Howell own the adjacent Higher Norris Farm which benefits from a restrictive covenant prohibiting use of the Collins’ land for any purpose other than “the grazing of sheep and horses and arable use of all types and the production of grass cutting” and expressly prevented the construction of “any buildings other than stables on the far boundaries only”. Mr and Mrs Collins bought Newpark Stables in 2019 with the benefit of planning permission granted in 2011 for equestrian…

Are future earnings taken account of in a divorce settlement?

If you are contemplating getting divorced then your future financial security is likely to be a key concern, particularly if you gave up or compromised a promising career to look after children and support your spouse in their career.  High costs and scarcity of childcare can also make it necessary for one parent to give up work, and a lengthy break can make it very difficult to return to working at the same salary level and getting a career back on track. You might think that having supported your spouse in their career, their earning capacity is an asset which was built up during the marriage and therefore you should be entitled to a share of it, in the same way as a pension.  ‘But this is not the case, as clarified in the Court of Appeal…

Employee benefits; pitfalls to avoid

Employee recruitment and retention remains challenging for employers and offering an attractive package of benefits can give employers an edge. A wide range of benefits can be offered, including buying or selling annual leave; reduced gym membership; private medical insurance; critical illness insurance and retail discounts or vouchers. ‘Employers need to take care with employee benefits as the rules around different benefits can be complex, and there are often unanticipated knock-on effects,’ explains Kalpesh Nakeshree, Head of Employment Law with Ware & Kay in York & Wetherby.  He outlines the key pitfalls to be aware of and explores the Government’s cycle to work scheme, by way of a practical example. Benefits of little value Although it may seem obvious, employers need to make sure that what they offer remains valuable to their particular workforce. Employees looking…

Seeing the wood for the trees on investment

Can you help the environment and save some tax? Laura Schofield from Ware & Kay Solicitors considers inheritance tax planning and woodlands. Brief inheritance tax position Inheritance Tax is a tax on the estate of someone who has died. Inheritance tax can be complex but the rate of tax is 40%, above the ‘nil rate band’ on which there is no inheritance tax to pay – this band depends on the individual’s family circumstances and assets.  Example       Bob has never married and has no children.  When he dies, his estate is worth £1,500,000.  £1,500,000 less £325,000 = £1,175,000 subject to IHT @ 40%  = £470,000 tax to pay However, on top of the nil rate band there are other reliefs and exemptions that can, with careful planning, be used during lifetime or in a Will to…

Resolving a family dispute over choice of school

As a parent you will always strive to do what is best for your children, but for separated parents this can sometimes lead to disagreement when what is best in one parent’s eyes does not align with the other parent’s view.  ‘While education is undoubtably an important factor for a child’s development and welfare, and for their future success and happiness, it can also be the subject of a family dispute if parents disagree over where a child should attend school,’ says our family law team expert at Ware & Kay in York & Wetherby. Parents may have had different experiences of education, with each feeling that their schooling worked for them and will be best for their child.  Disagreements can arise over nursery, primary, and secondary schooling or whether your children should be home-schooled.  It…