Protecting yourself from property fraud during the pandemic

Online fraud has boomed during the pandemic, with one police force reporting a 400 per cent rise in offences. While your home may not seem like an obvious target, more and more criminals are turning to property transactions because of the large sums of money involved. Here Holly Stevens, Head of Residential Property at Ware & Kay in York gives some advice on how you can avoid becoming a victim. Be aware of the different types of property fraud Research shows people often worry about credit card scams more than conveyancing fraud. This is despite losses from property fraud being much greater in value, with some customers struggling to recover their money. A bank may refuse a refund if it acted on genuine instructions, even if the customer was tricked.    If you are buying or…

Solicitor receives Worldwide Excellence Awards from Society of Trust and Estate Practitioners

Laura Schofield, Solicitor at Ware & Kay in Wetherby, has been awarded the STEP Diploma in Trusts and Estates and admitted to full membership of the Society of Trust and Estate Practitioners (known as STEP for short), a global professional association for practitioners who specialise in family inheritance and succession planning.  The two years of studying for the STEP Diploma covered four modules: Administration of Estate, Administration of Trusts, Taxation of Trusts and Estates, and Accounting for Trusts and Estates.  Laura is now holding an internationally recognised qualification that demonstrates her practical and detailed understanding of the law and the procedures involved in trust and probate procedure, tax and accounting.  As well as being awarded a Distinction overall, Laura was awarded two STEP Worldwide Excellence Awards for achieving the highest marks across the country in two…

Making sure you know the rules on how Estate Debts should be paid

If you are an executor of an estate, you may need to deal with debts that have been left behind. Any estate may have debts to be considered, even if the deceased was wealthy – it is reported that Michael Jackson died with around $500 million worth of debt. ‘Personal debts do not expire on death, they are carried over into the estate,’ says Sian Foster, Head of Wills & Probate with Ware & Kay in York. ‘It becomes the responsibility of the executors to make sure those debts are repaid.’ Impact of debts on beneficiaries Naturally, if an estate includes any debts this will mean that there is less to be distributed to the beneficiaries. However, the extent of a beneficiary’s disappointment will depend on the nature of the gift they are expecting as well…

What rights do step-parents have after divorce?

As a step-parent who is getting divorced or separating, you may feel confused over what rights you will have in relation to your step-children especially if you have spent many years living as a family and have grown to love them as your own.  You know how important your bond is and may be worried that your former spouse may try to damage this relationship.  It can be an anxious time, but we can help you understand what rights you have and what options are available to you. In legal terms, to be a step-parent you must have married or entered a civil partnership with one of the child’s biological parents.  If you did not marry the biological parent but lived together with them, then your rights will be slightly different and it is important that…

Jacqueline Barr featured in the Yorkshire Post (Property People)

What are the prospects for the property sector in Yorkshire and Humber? With the phasing out of Direct Payments by the Government and the phased introduction of a new system that rewards farmers for improvement of the environment, landscapes across the country are set to be enhanced through agricultural policy. The farming industry will be changing the way it farms and it is vital that farmers have time to adapt to the new land management requirements. What is the best project you have been involved in? Ware & Kay have a large and diverse client base and so I have been involved in many interesting projects from complex restructuring of farming businesses to the sale and purchase of large landholdings. No two property transactions are the same and each comes with its own quirks which keep…

Access to seasonal agricultural workers in the UK after Brexit: the Seasonal Worker Immigration Scheme and COVID-19 restrictions

Freedom of movement from the European mainland came to an end on 1 January 2021. In December 2020 the UK government announced that the number of seasonal agricultural workers permitted to travel to the UK to help pick and package fruit and vegetables in 2021 would be increased. Now 30,000 seasonal worker visas will be made available for 2021, enabling EU and non-EU workers to enter Britain to assist with the harvest. This will treble the number of seasonal worker visas made available in 2020.  Gillian Reid, Head of Employment at Ware & Kay Solicitors in York, Wetherby and Malton (Pearsons & Ward) explains.   The UK seasonal worker visa program was initially launched as a pilot in 2019 and has now been extended by a further 12 months. The extension applies to EU and non-EU workers…

Saint Catherine's Hospice Make a Will Week 29 March to 02 April, 2021

Pearsons & Ward Solicitors in Malton (part of Ware & Kay Solicitors based in York & Wetherby) is delighted to support the Saint Catherine’s Hospice Make a Will Week. We have agreed to give our time and expertise for free to support Saint Catherine’s Hospice Make a Will Week. We will happily speak with you to take your instructions for a simple Will during this week and draft a professional Will in accordance with those instructions. We will also arrange with you for your Will to be signed by the end of May 2021. In return, you will make a donation to Saint Catherine’s. Our suggested minimum is £125* per single Will and £200* per matching pair. This is payable at the time you sign your Will with us and we will forward the donation…

Brexit and the impact on farmers

Farmers across the country breathed a huge sigh of relief on Christmas Eve when the UK and European Union reached a last-gasp post-Brexit trade deal after nine torturous months of negotiations. The long-awaited trade deal, which came into force when the Brexit transition period ended on 31 December 2020, averted a no-deal Brexit – which most agreed would have been a catastrophic development for the agricultural sector. Although the tariffs are no longer a threat, trade will still not be completely frictionless and farmers who deal with the EU or traditionally used EU workers still have much to consider. Jacqueline Barr, agricultural law specialist at Pearsons & Ward Solicitors in Malton (part of Ware & Kay Solicitors) explains. Movement of labour Free movement of labour ended on 31 December 2020, leaving food and farming sectors exposed…

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.  A Will needs to satisfy a number of criteria to be valid. The presence of any of the factors below may invalidate a Will: Lack of mental capacity when the Will was made. Lack of knowledge and approval of the terms of a Will. Undue influence. This needs to be more than mere persuasion but something that overpowers the will of the person making the Will. Fraud and forgery. Will not properly executed. There are certain formalities set out by the Wills Act 1837 which must be satisfied. This includes a Will being in writing, signed and witnessed. Although there is technically no…

What happens if I die without making a valid Will?

This is known as dying Intestate. The Intestacy rules make provision for spouses and certain blood relatives to inherit your assets when you die.  However, the division between your family can be very complicated and it isn’t usually as expected or as you would have intended.  Where there is no Will, a surviving spouse might not be sufficiently provided for financially. In addition, young children may have access to wealth before they are financially mature.   Any unmarried partners, friends, charitable organisations, step-children and step-grandchildren would not inherit your estate if you didn’t make a Will.  Instead, only spouses, blood relatives and persons adopted into your family would be included.  This could include distant or estranged blood relatives.  If you had no surviving relatives, your estate would pass to the Crown.  If you make a Will, you…