Ware & Kay Solicitors: Promoting Excellence across a dynamic and client-focused team

Yorkshire-based law firm, Ware & Kay incorporating Pearsons & Ward Solicitors, proudly celebrates its exceptional team of dedicated legal professionals across its offices in Malton, York and Wetherby. With a collective commitment to providing trusted advice and outstanding client service, the team at Ware & Kay continues to excel in supporting individuals and businesses across the region. From Residential Property to Private Client, Dispute Resolution, Family Law, Employment, Commercial Services, Commercial Property and Agricultural Law, Ware & Kay boasts a diverse and experienced team equipped to meet the legal needs of clients in a personal, approachable manner. Emma Elwess, Director, praised the team’s outstanding achievements: “Our success stems from the collective expertise and hard work of our team. Each department has talented individuals committed to helping our clients achieve the best possible outcomes. Whether it’s…

What happens to a family business on divorce?

  When there is a family business, it will form part of the financial settlement in divorce proceedings.  A ‘business’ includes limited companies, partnerships and sole traders. It is in the interests of both parties to reach an agreement amicably without the stress, cost and delay of court proceedings. It is advisable to seek prompt specialist advice, from a family law practitioner and other relevant experts, including an accountant.  The first step is for the parties to try to agree about the value of the business.  In cases where the business purely provides an income with no realisable capital, the value can usually be ascertained by looking at the net assets on the balance sheet.  In cases of private companies with realisable capital, an expert can be jointly instructed to provide a valuation. There are often challenges in trying to establish…

Anticipating Tax Reforms: What farmers and family businesses need to know

As we move towards Spring 2025, rural family businesses remain in a period of uncertainty regarding potential capital tax reforms. While the Autumn Statement in October 2024 hinted at changes to inheritance tax and capital gains tax, we are still awaiting further details, expected to be rolled out in Summer 2025. For farmers and rural enterprises, this continued uncertainty raises concerns about the future of agricultural and business property reliefs. These reliefs have long been critical in helping farming families pass land, buildings, and business assets down through generations without financial strain. While the government has yet to confirm any changes, speculation about tax reforms often leads to anxiety and a temptation to act pre-emptively. However, rushing into decisions—such as transferring assets prematurely—could have unintended consequences, including business disruption and family disputes. Instead, now is…

Laura Schofield, Head of Wills & Probate at Wetherby urges families to act now and plan ahead for upcoming changes to inheritance tax

Families in Yorkshire are being urged to take action to safeguard their financial future ahead of upcoming changes to inheritance tax (IHT) rules.  The latest budget announced a freeze on the IHT nil rate band and residence nil rate band thresholds until 2030, meaning more families are likely to be impacted as property values continue to rise. Changes to tax relief on certain assets and adjustments to pension rules will see more estates facing unexpected tax liabilities. Laura Schofield, Head of Wills & Probate at Ware & Kay in Wetherby warns that failing to plan ahead could result in significant financial losses for loved ones, with many unaware of the options available when it comes to planning to mitigate IHT. New research from The Association of Lifetime Lawyers, a membership body of expert lawyers from…

  What are the options if you believe there is a mistake in a Will?

The importance of leaving a Will cannot be stressed enough – it allows someone to pass away safe in the knowledge that they have provided for their loved ones and their assets will be distributed according to their wishes. ‘Some people think that it is unnecessary and costly to use a solicitor to draft their Will, relying instead on off-the-shelf or do-it-yourself methods,’ says Julie Bradwell, Associate and C.T.A.P.S. Registered Contentious Trust and Probate Specialist in the Litigation Department with Ware & Kay Solicitors. ‘However, there are many potential pitfalls when it comes to drawing up a Will, and the cost of getting it wrong can be high indeed.’  Julie Bradwell explains the options if you have been surprised by the contents of a Will and believe that there may have been a mistake. Problems with…

Lucy Wardle passes Solicitors Qualifying Exam and takes on Solicitor Role at Ware & Kay

Ware & Kay Solicitors is delighted to announce that Lucy Wardle has successfully passed the Solicitors Qualifying Examination (SQE) and will now take on the role of Solicitor in the Private Client Department at the firm’s York office. Lucy’s accomplishment marks the culmination of years of hard work and dedication. Having been a valued member of Ware & Kay for over five years, Lucy has established herself as an expert in Private Client work, handling matters such as Wills, Lasting Powers of Attorney (LPAs), Estate Planning, and Probate. Her technical expertise and empathetic approach to client care have earned her the trust of colleagues and clients alike. Lucy achieved outstanding results in her SQE, ranking in the top quintile for both SQE 1 and SQE 2 assessments. Her new role as Solicitor will see her…

Why is asset valuation important when a farming relationship breaks down?

A relationship breakdown is often stressful, with couples having to divide their belongings to achieve a fair financial settlement. For farming families, unique and complex challenges can arise following a break-up and the subsequent division of assets. Farming businesses, says Samantha Sinclair, Head of Family Law at Ware & Kay incorporating Pearsons & Ward Solicitors in Malton, York and Wetherby, are often passed down through many generations. There are frequently third parties who can claim an interest in the farm. Accurately valuing all farming assets and determining who owns what is therefore vital before a financial settlement can be worked out.  As with any other split, the aim when a farming couple divorce is to reach a fair financial settlement, taking into account the contribution each has made to the farm, the needs of any…

Ware Kay incorporating Pearsons & Ward Solicitors appoints Sarah Parker as Head of Agriculture

Leading law firm Ware & Kay incorporating Pearsons & Ward Solicitors is delighted to announce the appointment of Sarah Parker as Head of Agriculture. Sarah is the latest appointment to join Ware & Kay which serves clients across North, East and West Yorkshire. Sarah is a specialist agricultural solicitor with a wealth of knowledge in this sector and will be acting for clients within the farming community. In her role at Ware & Kay, Sarah will be consolidating our work with farmers, landowners and the rural community and providing expert advice and guidance to clients on a variety of matters. This includes assisting farmers, estate owners, and rural businesses with land purchases and sales, agricultural leases, and farm business tenancies. Sarah will also support clients with succession planning, partnership agreements, and first registrations of unregistered…

  How is future earning potential considered in a financial settlement?

When navigating a divorce or dissolution of a civil partnership, financial stability is a priority. Future earning potential often plays a key role, particularly if one partner sacrificed their career to support the family or enable the other to progress professionally. ‘You may also wonder how plans to retire early or reduce work hours could impact this,’ says Samantha Sinclair, Head of Family Law at Ware & Kay. ‘Understanding how future earnings are considered can help you make informed decisions and prepare effectively.’  The Court’s Approach When determining a financial settlement, the court considers all relevant circumstances, including future earning potential. This assessment may involve: Current work and earnings; Qualifications and skills; Experience and employment history; Projections of future earning capacity. Future earnings are vital for assessing income needs but are not treated…

Selling a shared ownership property

The popularity of shared ownership continues to grow; there are now over quarter of a million shared ownership homes in the country. The appeal is understandable; it bridges the gap between renting and outright ownership and has helped many take a first step onto the property ladder. However, it differs significantly from more conventional forms of ownership. ‘Shared ownership is a great way of buying a home you may not otherwise be able to afford,’ says Louise Davis, Senior Associate & Head of Residential Property in Malton. ‘On a day-to-day basis, apart from the rent element, you may notice few differences from conventional ownership. However, this is likely to change when you come to sell. With shared ownership, there are certain procedures you must follow, and these can be complicated.’ Louise answers some common questions…