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Wetherby 01937 583210
Malton 01653 692247
Legal updates

05 March 2020 Family Matters

If family circumstances mean that it is not possible for children to live with their parents, or a local authority has decided that the children ought to be taken into care, there is often a strong wish that the children should instead to go to live with a member of their extended family.  In this article, Robert Bellhouse, family law expert with Ware & Kay in York & Wetherby, explains the options where grandparents want to put themselves forward as carers. ‘The most usual route for a grandparent who wants their grandchildren to live with them is to apply to the family court for a Child Arrangements Order, explains Robert’  ‘This is an order which, if granted, gives grandparents the legal right to have their grandchildren live with them and to be involved in decisions…

04 March 2020 Residential property

If you have a garden big enough for another property, you may be thinking about how a new building could allow you to downsize or to sell on and bank the profit. There are several things you need to consider first, outlined below. Physical constraints of your garden plot   Your garden must be able to accommodate a new home comfortably and have good physical access. There should also be no legal obstacles to access, so involve your solicitor early on. For example, if you do not own your current driveway but only have rights over it, do not assume your new build will automatically have the same rights. Access to services, such as electricity and water, is also important. Ideally, you should be able to connect into the existing mains supply. Although there is…
20 February 2020 Wills and estates

Death and taxes eventually come to us all but for farming families succession planning can be particularly complex, given that agricultural businesses are held in a variety of ways and ownership can be split between the wider family. Emma Elwess, Director of Private Client Department at Pearsons & Ward Solicitors in Malton advocates taking a holistic approach to succession planning in the agricultural sector to ensure the family business can thrive and be passed down to the next generation. ‘When it comes to safeguarding the future livelihood of your family, it makes sense to be prudent and take as much advice as possible to ensure your affairs are in order. There are a number of different professionals, such as land agents, accountants, and agricultural lawyers who can work together on the best ways of structuring…
20 February 2020 Litigation

When relationships between business owners break down the impact on the business can be far reaching. In a family business, commercial problems can become complicated by unresolved resentments and issues that lie under the surface and once families fall, those problems can be difficult and expensive to resolve. Anecdotal evidence suggests that only 1 in 6 farming family businesses have a written partnership or shareholders’ agreement in place. It is no coincidence that we have seen an explosion of cases before the courts involving farming families who have failed to document how the business is to be run in terms of management, retirement and succession. One of the simplest ways of avoiding conflict in family owned businesses is to reach an agreement at the earliest possible stage about how the family will deal with matters…
11 February 2020 Litigation

It is tempting for businesses to be reticent about taking action to recover a debt from a ‘longstanding customer’ particularly one that places a lot of orders with you. But these customers may be affecting your cash flow and putting your business at financial risk. Taking action sooner rather than later is important to the operation of your business and it can also stop your customers seeing you as a ‘soft touch’, paying other creditors before you because they are shouting louder. Effective Credit Control To help ensure your company runs smoothly and cost-effectively. The following steps will help you implement effective credit control: Issuing regular statements to your customers and chasing for payments by email, letter and in person. Making sure that you put procedures in place to avoid the risks of…
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