LPAs for farmers

12 May 2022 Farming & Agriculture

Does your farm’s strategic planning include a lasting power of attorney? The agriculture sector is one of the riskiest to work in, with 23,000 people working in this industry suffering ill-health or a non-fatal injury each year according to Health & Safety Executive figures. As well as the hazards farmers face working with heavy machinery and vehicles, toxic chemicals and unpredictable livestock, they are also at risk when working at height, near pits or silos. Farmers carry a heavy weight of responsibility on their shoulders, and if they become incapacitated and are unable to make decisions for themselves, it could be catastrophic for the farming business. Risk management is part of every strategic plan, and Laura Carter, Solicitor & agricultural law specialist at Pearsons & Ward Solicitors in Malton explains why an increasing number of farmers…

Divorce and the division of overseas assets

05 May 2022 Family Matters

It is not uncommon for a divorcing couple to have some property in another country, whether this is a holiday home in the sun or the alps, a property in your country of birth, or an investment in commercial property or assets abroad. ‘The term property in this context can cover houses, land or financial assets such as bank accounts or shareholdings in a business,’ explains Robert Bellhouse family law expert at Ware & Kay in York & Wetherby. ‘You or your spouse may hold this property jointly, or one or other of you may hold it in your sole name. Either way during divorce the full detail of assets abroad must be disclosed.’ Valuation of foreign assets From a part share in a vineyard to your own Caribbean island, any assets abroad will be considered in…

Porn at Work

05 May 2022 Employment advice

Ralph had worked for his employers for 5 years He was part of the IT support at his employer, had a clean record and had even been employee of the year. However one day his world came crashing down when he was suspended and invited to an investigation meeting by his employer for: ‘’Inappropriate use of company property. In particular you have used the work laptop for none work purposes, namely watching pornography during work time. Breach of the company IT policy. In particular, accessing and downloading pornographic material onto the work laptop. The company alleges that the above allegations constitute gross misconduct.’’ So, what would be the correct approach by an employer in this scenario? Amongst the many weird and wonderful cases this is a scenario that I have found myself advising on. The employer…

So, you want to grow your business?

05 May 2022 Employment advice

Family businesses have traditionally relied on what previous generations have always done in order to make a well-earned living. However, as the behaviour of the everyday consumer changes so have these once traditional enterprises. Many have already realised the benefit of technology, with the internet and mobile telecommunications at the heart of business growth. However, have you ever thought about that next step? Scaling up? Taking on new employees so you can readily meet the new demands of your customers? What are the key employment law considerations when such growth happens? In this article Kalpesh Nakeshree, Head of Employment Law at Ware & Kay Solicitors in Wetherby, York and Malton touches on some of the more pertinent points to consider: Contracts of Employment Family who work for you could still be employees and in…

Transferring property between partners

04 May 2022 Residential property

Your home is often your most important asset, and you may be lucky enough to own other property such as a holiday home or a buy-to-let investment. Over time, if your personal circumstances change; you may want or need to transfer a share in a property. This could be the transfer of a share in the value of your home to your former spouse if you are getting divorced, or to a new partner if you have moved in together. ‘Transferring property between family members is not always straightforward,’ warns Holly Stevens, Director and Head of Residential Property in York. ‘Your plans will need to take account of ownership structure and should be consistent with your longer-term goals.’ Holly looks at the issues to consider when transferring property between partners. Establishing the legal and beneficial interests…

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