How do we deal with our mortgage during a divorce?  

With interest rates and the cost-of-living crisis in the headlines on a daily basis, mortgage affordability is a key concern for many homeowners, not least for couples who are separating and wondering how this will affect their mortgage arrangements. Most divorcing couples will have a mortgage on their family home, and the family home is likely to be their largest asset. The mortgage may be in joint names, or it could be in one person’s sole name. Either way, the house will be considered a matrimonial asset if it is the family home, and it will need to be dealt with as part of the financial settlement. Whether a mortgage is affected by divorce or the dissolution of a civil partnership, and the extent to which it is affected, will depend on the terms of the…

Families urged to plan ahead to reduce their inheritance tax bill

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 (IHT) bill.  Latest figures from HMRC show that inheritance tax receipts have risen by 7.2% since last year. By taking advantage of available tax reliefs and planning carefully, 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 plan for family members to inherit part, or all of your…

Recovering money from an individual or company debtor  

It is an unfortunate part of business life that at some point you are likely to experience problems with an individual or company that does not pay. You have carried out your work efficiently and with no problems or complaints but when you send out the invoice the customer makes excuses and promises that payment is on its way but then they start to avoid your calls and you suspect that they are experiencing cash flow issues. In that, hopefully unusual, situation it is important that you know what to do so that you can maximise your prospects of recovering the debt. One option is to issue court proceedings. However, the court process can be slow and so before embarking on court proceedings it is worth considering whether serving a statutory demand is a faster and…

Property litigation – who owns the land?

Farms are often handed down through many generations, often without any legal documentation, with title to the farm land and buildings invariably being unregistered and frequently being difficult to fathom. On a day-to-day basis, this might not present a problem but certain life events, such as death, divorce, retirement, bankruptcy or farm sale, or indeed where a legal dispute arises, may make it necessary to establish who owns what and on what basis, as Johanne Spittle, Director, Litigation & Dispute Resolution and agricultural specialist at Ware & Kay and Pearsons & Ward in Malton, York & Wetherby explains.  Farms can be owned in many ways, such as by a partnership, limited company or trust. It is advisable to have a written agreement in place for all these models, setting out how assets are owned, the process…

Land Development - All your questions answered - Thursday 14 November, 2024

Date and time Thursday, 14 November · 4:30pm - 7:00pm Location Lakeside Conference Centre, York Biotech Campus, Sand Hutton, YO41 1LZ About this event Welcome to our Land Development - All your questions answered event! Are you curious about the ins and outs of land development? Join us on Thursday 14 November 2024 at 4:30pm at the York Biotech Campus for an evening filled with valuable information and insights. Our expert speakers will be there to address and provide you with the knowledge you need to navigate the world of land development. Don't miss out on this opportunity to learn and connect with like-minded individuals in the industry. See you there! Agenda 4:30pm - Registration & refreshments 5:00pm - David Hyams, Managing Director - Welcome and Introduction 5:10pm - Gemma Foster, Associate, Commercial Property (York) - the various ways land can be…

Climate change, what to consider when selling a property

Climate change is likely to affect most if not all our homes, and homebuyers are much more conscious of environmental issues nowadays, which is something to be aware of if you are selling. ‘If your home is already affected, other properties in your neighbourhood probably will be too. Often, you can improve your chances of a successful sale by showing you have considered any issues and taken steps to address them,’ says Lucy Gilman, Associate Director with Ware & Kay incorporating Pearsons & Ward. Adverse incidents, like flooding, often seem like a twofold blow; once when you experience the stressful event itself, and again when you must disclose it on sale. That is why it is so important to discuss any concerns with a solicitor you trust, someone who can advise you of the legal…

Departing employees and non-compete clauses; an employer’s guide

An employee builds up valuable knowledge and contacts during the time that they work for you, but your commercial interests may be vulnerable if they leave and go on to work for a competitor. It is therefore prudent to take steps to protect confidential information, such as pricing strategies, bids, or cutting-edge research, and to guard relationships with clients or suppliers that could be exploited to another business’s advantage. ‘At the start of employment, employers often include restrictions, known as restrictive covenants, on what an employee can do with information and contacts gained during their employment,’ says Kalpesh Nakeshree, Head of Employment with Ware & Kay incorporating Pearsons & Ward. ‘However, even if a former employee could damage your business, there are limits on the restrictions that can be placed on them and how far you…

Attention Business Owners and Employees! Expert legal Advice with the New Allocation of Tips Law

Starting October 1st 2024, the new Allocation of Tips Law will come into effect, revolutionising the way tips are distributed in the workplace. This law ensures a fairer, more transparent system for all employees, guaranteeing that tips are shared equitably amongst all staff members. This is a significant step towards promoting fairness and morale within your team. Where to seek advice: Ensure your business is ready for this change! You will need a tips policy and an adequate record keeping method stretching back 3 years. For a complementary template tips policy, book a consultation with me, today. Kalpesh Nakeshree, Head of Employment. I am here to guide you through the process and ensure smooth adherence to the new regulations. Key Highlights of the Law: Transparency- Employers are required to clearly document and communicate the…

Come and see us at The Ryedale Show - Tuesday 30th July, 2024 - Stand C6

Ware & Kay incorporating Pearsons & Ward Solicitors is delighted to announce that once again they will be at The Ryedale Show this year!  The Show will take place on Tuesday 30th July, 2024 at Welburn Park, Kirkbymoorside, North Yorkshire YO62 7HQ.   Our Agricultural Team will be out in force as one of the Show’s sponsors for the cattle and sheep classes, and we invite you to come and see us Stand C6. The Agricultural Show is renowned for its impressive number of Trade Stands that attend in ever growing numbers each year.   This hugely popular event brings together the farming community, enthusiasts and families from across the region for a memorable celebration of rural life. A lot of work has been going on behind the scenes to put together another fantastic Show for 2024…

Ware & Kay incorporating Pearsons & Ward Solicitors announces new Head and Deputy Heads of Office Promotions.

Leading law firm Ware & Kay incorporating Pearsons & Ward, with offices in York, Wetherby and Malton, is pleased to announce three new Head and Deputy Heads of Office promotions for its York and Malton offices. The promotions take effect immediately, with each individual combining their new responsibilities with their existing client-facing role within their areas of expertise. Louise Davis has been promoted to Senior Associate and Head of Residential Property in Malton. A seasoned property law expert, Louise has been part of the residential property team in the York office for over 11 years since she qualified. She brings substantial expertise in all areas of residential property matters, including high-value property sales and purchases, managing buy-to-let investments, overseeing mortgages and remortgages, executing transfers of equity, and assisting clients with new build property purchases. Louise…