Are you concerned about family members contesting your Will?

We have seen that attempts to contest a Will are on the rise.  In the past, such claims were largely limited to high-value estates but we are now seeing an increase in claims against estates of all sizes. When claims are made, the costs can run into tens of thousands of pounds and they can take many years to settle.  The added stress of dealing with a claim along with the delay in bringing matters to a conclusion can be distressing for your loved ones. Our highly skilled and experienced lawyers can provide you with all the necessary advice and guidance when you make a Will with us.  As part of our Will service, we are happy to prepare comprehensive Statements of Reason as a means of providing the best possible opportunity for claims to be…

Working from home: wellbeing and mental health of employees

While some people are enjoying working from home, this is not the case for everyone and the negative impacts over several months are taking a toll on some employees. ‘Employers are unsure of their responsibilities for mental health and how to deal with performance issues when the boundary between home and work has become blurred,’ says Gillian Reid, Head of Employment with Ware & Kay. ‘They want to know how best to support their employees’ wellbeing while keeping the business on track in difficult times. This includes knowing what questions you can ask, how to address mental health issues, and how to be fair in disciplinary procedures.’ Potential problems arising from homeworking Homeworking brings a different set of pressures to those in the workplace; a lack of boundaries between home and work, and difficulties in switching…

Coronavirus and why you need to check your Will

We have seen that the effects of the coronavirus are extreme and long-lasting.  When thinking of the coronavirus, the last thing that most of us will have on our minds is the impact on our Will. The importance of reviewing your Will at this time should not be underestimated, however. Many business owners and employees have suffered financially this year.  If you have suffered financial loss you may need to rethink the terms of your Will where you have included fixed sum legacies to beneficiaries.  It may be the case that the fixed sums featured in the Will now exceed your net worth.  This could be due to the fall in the value of your share portfolio, losing your job or having a reduced income whilst on furlough.   We can guide you on the ways in…

Our offices will be open for pre-arranged appointments from 2nd December – we are here to help

All our offices will be open for pre-arranged appointments from 2nd December where a telephone meeting is not possible. Contact us as normal by phone or email to arrange a meeting to discuss your matter but please bear in mind that many of our staff continue to work from home so we can only see you if you have pre-arranged an appointment. Our main priority at this time is to maintain a safe environment for our staff and visitors to our offices so we ask that you assist us with this by following the guidelines set out below. Covid-19 Workplace Risk Assessments We have carried out a Health and Safety Risk Assessment at each of our offices to ensure that we have appropriate arrangements in place. These include: Pre-arranged appointments with at least 30 minutes…

Ware & Kay Christmas and New Year opening times

We would like to send you our best wishes for the festive season and a safe and healthy 2021. We look forward to working with you and continuing to deliver the best possible service. Christmas and New Year opening times Our offices will be closed from 4.00 pm on Wednesday 23rd December and will reopen at 9.00 am on Monday 4th January 2021. If you would like to contact us outside of these hours please use our contact form and someone will get back to you on the next business day. Best wishes The Ware & Kay Team

Contesting a Will – do I have a case?

Will disputes are becoming increasingly common due to an increase in the elderly population, a rise in dementia and Alzheimer’s sufferers, changes in family structures and the increasing value of estates.  What are the grounds for contesting a Will or estate? Claim under the Inheritance (Provision for Family and Dependants) Act 1975 If you have been left out of a family member or a friend's Will, or if you do not think you have been left enough under a Will, then you may be able to make a claim for reasonable financial provision under the above Act. There are a number of criteria which any potential claimant will need to satisfy, one of the most important ones of which is being able to demonstrate a "financial need".  There is a time limit of six months from the…

How to avoid being a victim of property fraud

Property fraud is where fraudsters try to ‘steal’ your property, most commonly by pretending to be you and selling or mortgaging your property without your knowledge. Since 2009, the Land Registry has stopped fraud on properties worth more than £80 million. Holly Stevens, Head of Residential Property at Ware & Kay in York advises how you can protect yourself from becoming a victim of property fraud. Who is at risk? You are more at risk of property fraud if: your identity has been stolen; you rent out your property; you live overseas; the property is empty; the property is not mortgaged; or the property is not registered with the Land Registry. Ways to protect yourself There are several steps you can take to protect your property from being fraudulently sold or mortgaged: Ensure…

Preventing claims of stress at work

According to the Health & Safety Executive stress is ‘the adverse reaction people have to excessive pressures or other types of demand placed on them’ by their job.  As an employer, you owe your employees a duty of care. That is, a duty to provide a work environment where employees are not caused psychological harm and should they suffer work-related psychological harm, you must do everything that is reasonable to prevent continuing harm. ‘In determining whether an employer is responsible for stress in the workplace and therefore liable to pay compensation, the court will determine whether an employee’s work-related stress was 'reasonably foreseeable' by the employer,’ explains Gillian Reid, employment law specialist at Ware & Kay in York & Wetherby.  ‘In other words, could you have predicted the work-related psychological harm and should you have prevented…

Legal top tips when building a granny annex

Building a granny annex can seem a perfect solution to many families; not only is it a way of consolidating family assets and passing on wealth but it also provides an immediate solution to childcare and a longer term plan for caring for elderly parents. However, before embarking on this project it is important that you consider and avoid the potential pitfalls! Disputes about ownership further down the line are unfortunately common and so it is essential that the arrangements are properly documented and legal advice is obtained. If you are combining finances with other family members then it is important that this is properly documented. If, for example, it is intended that the property will be owned jointly, as tenants in common, consideration needs to be given to what happens after your parent dies and…

Know your rights over land access

Agricultural landowners will almost invariably have utility company-owned apparatus running somewhere across their property – whether this is electricity lines, water pipes or gas pipes. Utility companies will, at times, need to access such infrastructure to carry out repairs, replacements or upgrades, but as Jacqueline Barr agricultural expert at Ware & Kay in York & Wetherby explains, “Farmers should ensure their rights are protected before they enter into any access agreement”. Utility companies usually have statutory powers of entry onto land under legislation such as the Water Industries Act 1991, Electricity Act 1989 or Gas Act 1986, but exercising these powers can be expensive and time-consuming, and most companies generally prefer to reach a negotiated agreement with the landowner instead. The two main access agreements for this type of situation are through the use of a…