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Legal updates

09 August 2019 Events

Date: 26th September, 2019   Time: 8.00am – 10.00am Location: Triune Court, Monks Cross Drive, York Are you involved with Commercial Property? Ware & Kay Solicitors are teaming up with Garbutt & Elliott to host an update covering commercial property and property tax Guest Speakers Legal experts David Hyams, Johanne Spittle & Andrew Little will each host a bite-sized session on some of the various aspects of commercial property, which will include: 5 Top Tips on leasing out commercial property Dilapidations claims: A reminder of the practical issues for landlords tenants What to consider when purchasing a commercial property G&E Tax team saves their property clients millions of pounds each tax year Experts Rob Durrant-Walker & Naveen Sahney will tell you how to save substantial amounts of tax on your commercial property, which will include: When and how to use Capital…
24 July 2019 Family Matters

It is increasingly common for parents to give money to their children to help them buy a property or set up a new business. You may intend this purely as a gift to your child to help them with their new venture not appreciating that in the event of a separation or divorce, that gift may be “lost.”  How can you protect this money if your son or daughter subsequently divorces?  Loan or ownership: You can protect your investment in the new venture by either taking a share in the ownership or making a loan which may also then be protected by taking a charge. If you opt for ownership your advisers can ensure that you are registered as one of the co-owners in the appropriate proportion. So, for example, if you are contributing 30% of…
24 July 2019 Missing Persons

A law named after missing chef Claudia Lawrence from York is being introduced to help families take over the affairs of loved ones who have disappeared. Usually called "Claudia’s law", the Guardianship (Missing Persons) Act 2017 will create a special legal status to allow someone to be appointed as guardian of the affairs of a missing person. It means families can act in the missing person's best financial interests after they have been missing for 90 days or longer (less in case of urgency) - such as suspending direct debits for bills, ensuring debts do not accumulate and making mortgage payments in order to avoid the distress of properties being repossessed and businesses being ruined. Peter Lawrence, Claudia’s Father and Consultant at Ware & Kay Solicitors has been at the forefront of the campaign which…
19 July 2019 Litigation

Uncertainty and risk go hand in hand in the farming industry. As well as the unremitting inconsistency of the British weather, disease, changing eating habits, tax demands and outside political factors are constant worries for farmers in the UK. At Ware & Kay, our specialist agriculture lawyers are widely experienced in recognising and dealing with the many issues and risks involved in the farming sector and strive on a day-to-day basis to minimise the variety of stresses which arise for their many farming clients. Here, Hazel Anyon, agricultural law specialist at Pearsons & Ward Solicitors in Malton outlines four current concerns for farming businesses and offers practical advice on tackling them. Uncertainty of Brexit The UK’s exit from the European Union is currently pencilled in for 31 October 2019, but with the current political turmoil circling…
16 July 2019 News

Deciding how best to protect a farming business before a divorce or separation occurs in the family, requires careful consideration, planning and specialist advice. The most prudent advice would be to ensure as far as possible that a number of measures are taken before any dispute leading to divorce or separation arises.
01 July 2019 Commercial property

In a recent case FS Stores Limited v The Designer Retail Outlet Centres (Mansfield) General Partners Limited and others [2019] the High Court considered whether six separate commercial leases had been validly contracted out of the Landlord and Tenant Act 1954. TFS Stores Limited (“TFS”) which trades as The Fragrance Shop is a large retail operator with over 200 stores nationwide. TFS claimed that six of its leases at a number of McArthur Glen outlet shopping centres had not been validy contracted out of the 1954 Act so that they were entitled to renew the leases at the end of the contractual term. The court was asked to consider 3 issues: Whether solicitors for the tenant, in the case of two of the tenancies, had authority in each case to accept service of the “warning…
20 June 2019 Financial advice

You may feel overwhelmed with the changes you are facing as you go through a divorce, and quite often going from a household with two incomes to one can be a struggle.  If you do not own a house or have other assets, it can be tempting to cut costs and ignore seeking advice from a solicitor in relation to a financial agreement.  Iain Cutts family law expert at Ware & Kay explains why this could be a costly mistake. 
18 June 2019 Litigation

If you have decided to end your marriage, dissolve your civil partnership, or separate from the person you live with, Robert Bellhouse and the experienced family law team at Ware & Kay can help. Separating couples can find it difficult agree about how joint property such as their home and finances are to be divided. Agreeing arrangements for children is often another area of contention, as emotions run high. However, not all relationships have to end acrimoniously. The process of Collaborative law, provides an alternative way for couples to reach an agreement about their finances and arrangements for children on separation. Using the collaborative process is often quicker than going to court. Under the collaborative process each person and their solicitor attend a series of meetings. Other professionals such as accountants, pension experts and financial…
14 June 2019 Wills and estates

Planning how to deal with your assets in a tax efficient manner is an important but potentially complex task. An increasing number of estates will be liable to inheritance tax (IHT) on death, so it is vital to consider how your will can be drafted to reduce the amount of tax that will be taken from your estate after you die, freeing up more money for your loved ones. You can also consider whether to make gifts during your lifetime to minimise your IHT liability but this raises other tax considerations. Sian Foster, wills, trusts and estate planning solicitor with Ware & Kay (with offices in York, Wetherby & Malton), explains what you need to think about when planning for your inheritance if you wish to minimise your tax bill. Why should I think about…
11 June 2019 Commercial property

From 1 June 2019 landlords and lettings agents are no longer able to require tenants to pay certain fees in relation to assured shorthold tenancy agreements, students lets or licences to occupy private residential housing. The Tenant Fees Act 2019 has introduced fundamental changes which ban all payments from a tenant unless they are expressly permitted. The Act applies to all new agreements entered into after 1 June 2019. For agreements entered into before 1 June, landlords will still be able to charge the fees and payments until 31 May 2020 but after that date the ban will apply. According to Michael Thomas, Litigation Solicitor with Ware & Kay in York & Wetherby, a landlord who fails to get it right now could face a financial penalty of £5,000 and may face criminal prosecution. Landlords need…
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