The Importance of Power of Attorney

Agriculture, forestry and fishing is the UK’s most hazardous industry to work in according to Health & Safety Executive figures, with 13,000 workers injured in the sector each year and 17,000 suffering from work-related ill health. Apart from the inherent risks involved, running a farm is hard work, with a particularly heavy burden falling on those at the helm. With so much at stake, it is therefore essential to draw up contingency plans to ensure your business continues to thrive should you be unable to work due to injury or illness. One way of doing this is to have a financial lasting power of attorney which allows you to nominate someone to run your affairs while you are incapacitated. Lynne Smith, Private Client Lawyer and part of the agricultural law team at Pearsons & Ward Solicitors…

Do I need a Power of Attorney?

Powers of attorney are useful if you need someone to make decisions on your behalf.  This may just be temporary (for example, to ensure that bills are paid if you were in hospital) or more long-term (for example, if you have been diagnosed with dementia). What is a Lasting Power of Attorney? A Lasting Power of Attorney (LPA) gives someone you trust the legal authority to make decisions for you.  There are two types of LPA, ‘Property and Financial Affairs’ and ‘Health and Welfare’, and you can create one or both.  The Property and Financial Affairs LPA allows your chosen attorneys to operate your finances, for example to mange your bank accounts and pay bills.  The attorney can act while they have mental capacity (if you consent) but also if you lose mental capacity.  A LPA…

Short term lettings: avoiding the pitfalls

Empty property is bad news for landlords. It costs money in maintenance and rates, as well as being a possible target for vandals and squatters. To maximise income from property, landlords may wish to seize opportunities for short-term lettings to fill gaps between long-term arrangements. But as Simon Ellis, commercial property expert with Ware & Kay Solicitors in York & Wetherby explains, it is vital to get the paperwork right. ‘If a potential tenant wants to get into your property and start trading and paying rent immediately, you may be tempted to skip the formal paperwork, but this can lead to real problems as business tenants can quickly acquire the right to stay on, which could get in the way of your long-term plans for the property’ explains Simon . ‘The good news is that as…

Business sales and service transfers: when TUPE applies

Business Sales Lawyers Malton, York, Wetherby Where the whole or part of a business is sold, or a contract for the provision of services is transferred, the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) may apply. If this is the case there will be an obligation to inform, and in some circumstances consult, affected employees. Failure to do this will usually mean employees are entitled to compensation. Transferring employees’ employment contracts will transfer across to the new business on substantially the same terms and conditions, and any dismissals made because of the transfer which do not have a genuine economic, technical or organisational reason entailing a change in the workforce will be viewed as automatically unfair by an employment tribunal. Given the risks, specialist legal advice should always be taken as Gillian Reid, employment law…

Social media: snooping in the recruitment process

Recruitment processes can only tell you so much about a job applicant. If an individual is active on social media, surely it is prudent for recruiting employers to examine their online profile to find out more? The practice of on-line screening is becoming widespread but, as Gillian Reid, employment law specialist at Ware & Kay in York, Wetherby and Malton explains, employers need to be careful about when they screen and what they do with the information they obtain. ‘You cannot assume that just because an individual’s social media profile is publicly accessible that you can use it in the recruitment process’, says Gill. ‘Whenever and however you obtain information about an individual for recruitment purposes, data protection law requires you to balance the individual’s right to respect for private life against your need to obtain…

Malton and Norton Victorious

Malton & Norton were victorious against Pocklington on Saturday 26 January, 2019 MALTON & NORTON 33pts POCKLINGTON 24pts A THOROUGHLY ENJOYABLE VICTORY! Man of the Match was Tom Foan.               

Pearsons & Ward Solicitors supports Malton & Norton Rugby Union Club

  Leading law firm Pearsons & Ward Solicitors, is proud to be supporting local rugby club Malton & Norton RUFC by sponsoring the home match against Pocklington on Saturday 26th January, kick-off 2.15pm. Pearsons & Ward (part of Ware & Kay Solicitors Ltd with offices in Malton, York & Wetherby) enjoy a strong working relationship with Malton & Norton Rugby Club and are continuing to show their ongoing commitment by providing match-day sponsorship. William Browne, Chairman of Malton & Norton RUFC said “A big welcome to Pearson Ward to the Gannock once again for what promises to be a great local derby match between two competitive sides in North One East. Traditionally this has always been one of the toughest encounters in the calendar and Malton are due some revenge on Pocklington who took the…

Keeping the farm going after divorce

Divorce is rarely straightforward, but it can be especially complicated when a farming business is involved. The main priority for farm owners will be to keep the farm running during the divorce process and securing its future viability. But this can be tricky when emotions are running high and livelihoods are at stake. Preserving the business Farms are traditionally handed down through generations, and usually the expectation when a farmer gets married is that the farm will stay in the family. This often means that the farm not only holds a commercial value, but also a strong emotional significance for the farming spouse, who may be keen to keep it post-separation to preserve the business for future generations. Yet, the non-farming spouse who may have made a significant contribution to the running of the farm, as…

Five reasons to use collaborative law in a family dispute

  When a relationship breaks down, it can be one of the most distressing events many of us will have to endure. There can be a lot to sort out; family finances, arrangements for children and who stays in the house. Most people assume that the only way to end their marriage or formalise a separation involves a visit to court to let a judge make those decisions. Robert Bellhouse Family Solicitor at Ware & Kay in York & Wetherby explains that there is another option, called collaborative law, which offers an alternative option than going to court. “By choosing a collaborative approach, you & your former spouse/partner will both instruct a collaborative lawyer who will support you during a series of meetings aimed at resolving matters amicably.” says Robert. Robert’s top reasons to choose a…

Wrapping up rules on inheritance tax

Wrapping up rules on inheritance tax Christmas is a time for giving, but for many farming families with the prospect of reduced subsidies and much uncertainty ahead, the idea of an expensive festive period can cause concern. However, the end of the year can also be a good time to review your overall finances, re-evaluate your estate and, and if they have not already been used, a useful way to use your annual allowances to reduce your estate for inheritance tax purposes. Gifts of money are usually very well received, but it is important to understand the inheritance tax implications in the long run, especially if a large retrospective tax bill could upset the apple cart and put the future continuation of the farm into jeopardy. But if you are in a fortunate position, lifetime giving…