Contesting a Will – do I have a case?

Will disputes are becoming increasingly common due to an increase in the elderly population, a rise in dementia and Alzheimer’s sufferers, changes in family structures and the increasing value of estates.  Julie Bradwell a Litigation Solicitor specialising in Contentious Probate gives an overview of the various ways to contest a Will or make claims against an Estate. What are the grounds for contesting a Will or estate? Claim under the Inheritance (Provision for Family and Dependants) Act 1975 If you have been left out of a family member or a friend's Will, or if you do not think you have been left enough under a Will, then you may be able to make a claim for reasonable financial provision under the above Act. There are a number of criteria which any potential claimant will need to satisfy…

Back to School: how estranged parents can help their children

While it is not always easy for a couple who have separated to agree arrangements for their children, it can be even more of a challenge for farming families especially at this time of day.  Early starts for milking, and the long hours required at harvest can add to the stress, especially if a family cannot enlist the help of grandparents for school runs, after-school clubs, and wraparound care. The Covid-19 pandemic has been hard on children as they were repeatedly parted from their friends and their studies for extended periods, due to numerous lockdowns and self-isolation rules. No sooner were they back into a reassuring routine at school, albeit a routine featuring face coverings, social distancing and class bubbles, the summer holidays kicked in, again spelling separation from friends and a break from the reassuring…

Ware & Kay Solicitors strengthens Wills & Probate team with new appointment

Leading Law firm Ware & Kay Solicitors has appointed Danielle Bebbington, a qualified Solicitor to its expanding Wills & Probate Department. Her appointment is a further addition to the firm’s expertise in this sector. Originally from Wakefield, she graduated from the University of Leeds and having qualified as a Solicitor began her career in Bradford. With a breadth of experience across the full Wills & Probate spectrum Danielle has represented a number of high profile clients and is extremely well-regarded.  Danielle will be based at the York office. Danielle will advise clients on a broad range of matters.  These range from the preparation of Wills, creation of Trusts, Lasting Powers of Attorney and making applications for Grants of Probate.  She has experience of looking after clients and guiding them and providing assistance when dealing with the…

Home improvements, plan for your next move

The pandemic has seen record numbers of us undertaking DIY projects or getting tradesmen in to improve our homes. Our enthusiasm shows no sign of abating either, with the waiting list for builders stretching into next year. Ware & Kay agrees this trend is likely to continue. Here we look at some of the issues, and how to ensure your home improvements do not cause problems when you later put your home on the market. Planning permission, do you need it?  Not all alterations require planning permission. Generally, you will only need it if your proposed works constitute development. This has a special meaning under planning rules. It includes structural alterations and the sort of work a builder would ordinarily do. Non-structural work to the interior, like repainting the walls or replacing window frames, does not…

Dusting off disciplinary procedures post Covid

The last 18 months have seen employers turn on a dime to keep their business on track, while guarding the health and wellbeing of staff and customers.  While flexibility has been key, it has also been important to update and comply with frequently changing health and safety policies. ‘However, many companies have struggled financially and in order to get their business back on track there will be a keen focus on performance and productivity,’ says Gillian Reid, a Solicitor in the employment team with Ware & Kay. With the future of the business at stake, managers may not be able to be quite so lenient with staff if targets are not being met and may need to dust off their disciplinary and performance management procedures.  As Covid restrictions loosen in different ways in different sectors, then…

Leading Law firm strengthen team with new appointment

Expanding law firm Ware & Kay Solicitors (with offices in York, Wetherby & Malton) is delighted to announce the appointment of well-known leading Corporate and Commercial Solicitor, David Silver to join the Corporate and Commercial Services Team. David brings with him a wealth of experience in corporate and commercial law both in the UK and overseas.  David is widely recognised for his experience in handling complex cases and providing advice in all aspects of company and business sales together with mergers and acquisitions. David will give advice regarding shareholder agreements, joint ventures, partnerships, corporate finance and general company law.  David has particular experience in advising firms on company formation & compliance and writing commercial contracts, both domestic and cross-border, international franchise agreements and terms of trade across a wide range of business sectors. Originally from Liverpool…

Employment Law Update September 2021

This article covers: Social Media No Jab, No Job Discrimination & Hypersensitivity UK Right to Work Hybrid Working Social Media Can your social media posts get you into trouble at work? You may have heard that England lost the 2020 Euro final 3-2 on penalties. Heart breaking - but then the racist tweets began. Arrests have followed and a high-profile estate agents suspended an alleged racist tweeter. Does your organisation have a social media policy? Doubling down on privacy settings isn’t always the solution – screenshots can easily be taken and shared Workers should check their posts for discriminatory remarks and harassment If a worker claims unfair dismissal, the Employment Tribunal must consider three aspects of the employer’s conduct as set out in the test in British Home Stores -v- Burchell…

Beware employment law pitfalls when using agency workers

Some sectors, such as healthcare and construction, rely on a ready supply of temporary staff, and it is a rare business that does not need to use agency workers from time to time.  The rights of agency workers have been under considerable government scrutiny recently, and changes are on the horizon that will affect any business which uses a temp agency.   Gillian Reid, employment law expert with Ware & Kay in York & Wetherby, outlines the current employment rights for agency workers’, how you can reduce risks to your business and the future changes expected in 2021. Agency workers’ rights Here is a summary of the most significant rights for agency workers: access to staff facilities, such as a canteen or work gym, on no less favourable terms than other comparable staff unless you…

Is an electronic signature on a commercial property document acceptable?

As more aspects of business move online, there is a drive to do everything digitally.  The process of buying and selling property has always relied heavily on paper, but there has been huge change over the last decade and more can now be done online.  Commercial property investors want to take advantage of this, but the law on signing electronically is still in transition. Getting a signature wrong could mean a deal is void, so it pays to get legal advice on when an electronic signature will be valid. ‘In an increasingly digital world, business owners are sometimes surprised when they are asked to sign property documents with pen and ink’ says Andrew Little Commercial Property Solicitor with Ware & Kay in York & Wetherby.  ‘This isn’t just lawyers being old-fashioned – there are still rules…

Are you liable for the misdemeanours of your employees?

What do the following have in common? A managing director punches an employee at a drinking session in the early hours; a self-employed doctor sexually assaults a bank’s prospective employees during pre-employment medical checks; a petrol station attendant violently assaults a customer, and an IT auditor releases personal data for staff at Morrisons?  The answer: the employer was held liable for each of these incidents. In light of recent judgments showing the courts’ increasing willingness to find employers liable for wrongful acts towards employees and customers, Gillian Reid, employment law expert with Ware & Kay in York & Wetherby, outlines the ways employers can be held to be liable and what employers should do to protect themselves. Discrimination and harassment If one of your employees discriminates against a job applicant, such as by refusing to recruit…