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News

22 October 2024 Firm updates

Expanding Yorkshire law firm Ware & Kay incorporating Pearsons & Ward Solicitors (with offices in Malton, York & Wetherby), is pleased to announce the appointment of Bethany Worthy, a highly accomplished Associate for Wills & Probate, to its team. This strategic hire further strengthens the firm’s expertise in this sector. Bethany brings with her extensive experience in preparing various types of Wills, including Life Trust Wills and Discretionary Trust Wills, and managing complex estates, such as agricultural estates with inheritance tax liability. Her expertise also encompasses advising clients on Powers of Attorney, covering both financial and health and welfare matters, ensuring comprehensive protection in the event of incapacity. Originally from Scarborough, Bethany has previously served high net worth clients across the region. She studied at the Scarborough Sixth Form College and earned a First Class…
15 October 2024 Firm updates

Leading law firm Ware & Kay incorporating Pearsons & Ward Solicitors, is pleased to announce the appointment of Samantha Sinclair as Head of the Family Department. With offices in York, Wetherby, and Malton, the firm welcomes Samantha, who brings over 12 years of specialised experience in family law to the team. Samantha Sinclair is an expert in all aspects of family law and relationship breakdowns, with a particular focus on complex cases involving children. In her new role, she will oversee a range of services, including divorce, separation, child arrangements, financial provision for children, prenuptial and postnuptial agreements, and cohabitation agreements. Her commitment to providing attentive service during challenging times is central to her approach, ensuring that clients feel supported and respected throughout the process. Originally from York, Samantha is well known in the area…
14 October 2024 Residential property

Picture this; you have had your offer accepted and the conveyancing is progressing smoothly, but before exchange of contracts, your solicitor tells you that the property you are buying is subject to a restrictive covenant. ‘That scenario is more common than you might think,’ admits Louise Davis, Senior Associate and Head of Residential Property in Malton. ‘It is important to be aware of any adverse title issues, and our pre-contract searches and enquiries are designed to reveal these. A restrictive covenant may sound worrying but, in most cases, it should not derail your purchase.’ Here she answers some of the most frequently asked questions about restrictive covenants. What is a restrictive covenant? A restrictive covenant is a restriction on the use of one plot of land for the benefit of another. For example, a farmer…
11 October 2024 Farming & Agriculture

There was good news for farmers earlier this year when permitted development rules were relaxed, making it easier to convert unused agricultural buildings into commercial and residential ventures without all the fuss, time and expense of having to seek planning permission. Diversification is becoming an increasingly popular way for cash poor but land rich farmers to generate much-needed extra cashflow. But what are the legal considerations involved in such schemes? Andrew Little, Associate Director and agricultural specialist at Ware & Kay incorporating Pearsons & Ward Solicitors in Malton, York, & Wetherby reports. There are many ways farmers can convert their unused buildings into money-spinners, but common ones include: tourism: holiday lets, B&Bs, camping/ glamping; business lets: office lets, storage units, car parking; retail: farm shops, farmers’ markets; food and drink: cider brewing, butchery, ice…
08 October 2024 Residential property

Nearly 10% of land in England and Wales remains unregistered at HM Land Registry, often because the owner purchased it long ago or inherited it. While this may not affect your daily life, it could disadvantage you in the future if you want to sell or re-mortgage. Here are seven key reasons to register your property.   1. Easier Proof of Ownership   Registered property simplifies ownership verification. Prospective buyers can easily obtain proof of ownership from HM Land Registry. In contrast, unregistered property requires providing a chain of title deeds, which is riskier, as deeds may be lost or destroyed. Registration ensures ownership is stored electronically, making access easy.   2. Simpler and Quicker Title Investigation   Registered properties have their ownership details clearly outlined by HM Land Registry, making it easy to confirm property…
27 September 2024 Wills and estates

Emma Elwess, Director, Wills & Probate at Ware & Kay incorporating Pearsons & Ward Solicitors in Malton is encouraging people to plan ahead to help reduce their inheritance tax bill. Latest figures from HMRC show that inheritance tax (IHT) receipts were £7.5 billion in the 2023/2024 tax year, up from £7.09 billion in the previous year. By taking advantage of available tax reliefs and planning carefully, individuals and families can make sure their loved ones pay the smallest tax bill possible and get the most out of what they inherit. The Association of Lifetime Lawyers represents a community of the most qualified legal professionals in the UK supporting vulnerable and older people with expert advice and support.   Emma, a member of The Association of Lifetime Lawyers says there are precautionary steps to take if you…
20 September 2024 Firm updates

Leading law firm Ware & Kay incorporating Pearsons & Ward Solicitors is pleased to announce the appointment of Laura Kingsberry as Conveyancing Executive to its expanding Residential Property Team in Wetherby.  Laura brings a wealth of experience in residential property law, having dedicated over 8 years to the field. Her expertise encompasses all facets of residential property transactions, assisting clients in the purchase and sale of both freehold and leasehold properties for registered and unregistered land. Laura is well versed in buying and selling at auction, managing buy-to-let investments, executing transfers of equity, overseeing mortgage transactions, and ensuring proper property registrations. Originally from Pontefract, Laura began her career at a law firm in Castleford and has completed the Chartered Institute of Legal Executives (CiLex) level 3 course. She is currently undertaking the Council for Licensed Conveyancers…
17 September 2024 Wills and estates

Have you recently inherited assets from a family member or a friend who has recently passed away?  We appreciate that there are circumstances where you might not necessarily wish to receive your inheritance and may wish to redirect it elsewhere.  Some of the common reasons why are as follows: Honouring Updated Wishes: You know/suspect that the deceased’s wishes had changed since they made their Will some years prior and you wish to honour what you believe to be their final wishes. A Deed of Variation is an ideal way to do this. Supporting Others: You would like to help other family members/friends/charitable organisations by passing on wealth to them.  Inheritance Tax Concerns You expect that Inheritance Tax will be payable on your death due to the size of your…
17 September 2024 Wills and estates

Sian Foster, Director, Wills & Probate at Ware & Kay incorporating Pearsons & Ward Solicitors in York is encouraging people to plan ahead to help reduce their inheritance tax bill.  Latest figures from HMRC show that inheritance tax (IHT) receipts were £7.5 billion in the 2023/2024 tax year, up from £7.09 billion in the previous year. By taking advantage of available tax reliefs and planning carefully, individuals and families can make sure their loved ones pay the smallest tax bill possible and get the most out of what they inherit. The Association of Lifetime Lawyers represents a community of the most qualified legal professionals in the UK supporting vulnerable and older people with expert advice and support.   Sian, a member of The Association of Lifetime Lawyers says there are precautionary steps to take if you…
11 September 2024 Litigation

You may have read in the news of many wealthy international divorces occurring in England, such as the divorce of the Dubai ruler, Sheikh Mohammed bin Rashid Al Maktoum, believed to be one of the largest in the history of UK divorces. The popularity of England and Wales for international divorce is due to the many benefits it can afford in comparison to other countries. Judges tend to have much greater discretion in England or Wales, and our starting point of equality is not always matched in other jurisdictions. If you did not marry in England or Wales, or if you or your spouse do not currently live in England or Wales, you may be wondering if you would be able to obtain a divorce here. To be allowed to divorce in England or Wales, you…
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