A NEW AGRICULTURAL SOLICITOR FOR WARE & KAY

Ware & Kay is delighted to announce the appointment of experienced solicitor Jacqueline Barr to lead their Agricultural team in Malton. Jacqueline is the latest appointment for our Malton office, which trades under the name of Pearsons & Ward Solicitors and serves clients across North, East and West Yorkshire. Jacqueline is a specialist agricultural solicitor with a wealth of knowledge in this sector as well as commercial property and will be acting for clients within the farming community. In her new role, Jacqueline will build on its work with farmers, landowners and the rural community to keep them one step ahead.  She will advise on the full range and variety of transactions affecting rural clients, for example, sales & purchases of farms and bare land, tenancies, rights of way and option agreements, diversification interests, landowner…

Farm diversification – five areas to consider when planning to diversify

Diversification is a hot topic in this current climate.  From glamping and tea rooms to experience days and selling Christmas trees, farmers are finding new ways to make ends meet.  Johanne Spittle agricultural and commercial specialist at Ware & Kay Solicitors says ‘Diversification can help to transform an agricultural business, but only if it is properly thought through, with the benefit of professional advice and a strong underlying business plan.’ 1.Type of diversification The type of diversification that will work best for you depends on your circumstances, and, if you are a tenant farmer, the type of diversified activity will depend upon what is allowed under your tenancy or permitted by your landlord. Some of the most successful diversifications are those that utilise existing farm resources and infrastructure, or which tap into a gap in the…

Making a Lasting Power of Attorney during the current climate

During this period of uncertainty we have seen an increase in the number of enquiries from people who want to ensure that their affairs are in order should their health fail. One of the most important ways to do this is to put a Lasting Power of Attorney (LPA) in place. People can become unable to manage their affairs at any stage of life but our more vulnerable clients have naturally been prompted to think about this more than they usually would. A serious illness, accident or the onset of mental illness may make everyday tasks such as paying bills, managing a budget and making financial and welfare decisions difficult, stressful and, in some cases, impossible. An LPA gives a person control over who will help them manage their affairs and allows you to appoint someone you…

Protecting yourself against the impact of relationship breakdown

The demands of children, family and work, as well as money problems, can place a huge strain on marriages and long-term relationships. People change as a relationship progresses and sadly separation sometimes becomes inevitable. Splitting up is never easy with issues such as asset division, family financial provision and childcare arrangements, which all in need of sorting out before a couple can start their new lives afresh. Matters are made even more complicated if businesses or inherited wealth are involved, but as Robert Bellhouse, family law specialist at Ware & Kay Solicitors in York and Wetherby explains, ‘much of this stress could be alleviated by couples formally agreeing how their assets should be divided before they marry or move in together.’ Nuptial agreements A nuptial agreement is a legal document, agreed by a couple either before…

Black Lives Matter: bringing change to the workplace

In the wake of the Black Lives Matter demonstrations, there is increased momentum in addressing racial inequalities at work. But this is against a backdrop of significant and long-standing barriers for workers of black and minority ethnic heritage.  For example, recent research by Business in the Community shows that only one and a half per cent of senior professional roles in the private sector are held by black people, despite making up three per cent of the UK population. ‘In any programme of change management involving employees, then it is important to take account of employment law,’ says Gillian Reid, Head of Employment with Ware & Kay in York & Wetherby. ‘Although positive discrimination is prohibited, positive action is lawful and there is plenty of employers can do to tackle inequality of all kinds and particularly…

Protecting your family farm against the impact of relationship breakdown

Farming is usually a family affair. Many farms are passed down through the generations with family members devoting years of their lives to working hard to ensure that the farming business is there for future generations. Relationship breakdowns can be traumatic for any family but when there is a divorce or separation in a farming family it is particularly difficult as the farm is invariably not only the family business but also the family home and a division of assets can be devastating for the wider family. Ownership of the family is often an added complicating factor in any divorce; the family farm may be owned by the older generation or ownership may have been transferred to a family company or partnership or to a son or daughter but with parents still depending on an income…

Alternative rent structures in commercial leases

The key priority for a landlord of commercial property is to secure a reliable and predictable rental income, which can be reviewed at regular intervals so that it keeps pace with other properties in the market.  Traditionally, commercial tenants have paid rent in advance in four quarterly instalments, with rent reviews every three to five years. Covid-19 has placed increasing financial pressure on business tenants, and many are asking landlords to help cash flow by considering alternative ways to structure the rent. ‘The way businesses occupy property is having to change, so the way landlords charge rent needs to change as well’ says Andrew Little, Commercial Property Solicitor with Pearsons & Ward in Malton,  ‘Landlords need tenants in their properties, paying rent, so it is in everyone’s interest to structure the rent in a way that…

Make a Will Month October, 2020

Making a Will and letting your family and friends know your wishes is vital, and it can be a lot more affordable than you think. Once again, we are offering you the opportunity to have a Will written in exchange for a donation to the Hospice. We are giving our time free of charge. Getting married or divorced, having a child, becoming grandparents or buying a house, can all be reasons to think about getting your affairs in order and making your wishes known. To take part, simply do the following: Contact us during Make a Will Month and we will arrange an appointment. Numbers are limited so please book early to avoid disappointment. Write your Wills. There is no obligation to leave a legacy to the Hospice, but if you do they would be…

Changes to the Coronavirus Job Retention Scheme

The Coronavirus Job Retention Scheme changed again from 1 September 2020 in line with previous government announcements.From 1 September, the government will pay 70% of wages up to a maximum cap of £2,187.50 for the hours the employee is on furlough. Employers will top up employees’ wages to ensure they receive 80% (up to £2,500). The caps are proportional to the hours not worked.Further reductions to the government contribution will come into effect from 1 October 2020 with the Scheme coming to an end on 31 October 2020.If you are an Employer or Employee and you would like further guidance or advice on your rights and responsibilities under the Coronavirus Job Retention Scheme, returning to work or reorganisation, please do not hesitate to our experienced Employment team on 01904 716000 or email gillian.reid@warekay.co.uk who will be happy to assist.

Agreeing time with your children following separation

A separation will inevitably mean a change in the family dynamic, and you may be concerned about what this will mean for your relationship with your children.  New arrangements will have to be put in place in relation to where the children will reside, and what time they will spend with each parent. ‘There are no hard and fast rules about what time the children should spend with each parent,’ explains Robert Bellhouse family law expert at Ware & Kay in York. ‘Our laws are alive to the fact that each family is unique, and a number of factors need to be taken into account when deciding a child’s future living arrangements.  The starting point is to look at the welfare checklist’. The welfare checklist If a dispute over arrangements for children goes to court, the…