Category: Legal Guides

Appointing a Solicitor as Executor

Obviously, no one likes spending money on unnecessary legal fees and it is tempting to leave the administration of a deceased individual’s estate in the hands of friends or family. As with many choices which look like a good way to save money initially, the risks of letting non-solicitors handle the administration of an estate […]

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Can your Landlord Waive a Lease Covenant Which it was Obliged to Enforce?

This is an interesting question and one which I know many leaseholders wrestle with when dealing with their landlords. While I’m sure that there may well be leases out there allowing direct enforcement of covenants by leaseholders against other leaseholders I have yet to see one. This leaves leaseholders in a difficult position having to […]

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Lawful Monitoring of Employees’ Emails

Employers frequently include a policy expressly entitling them to monitor employee emails and work related messaging accounts. The monitoring of employee emails and messaging enables employers to obtain crucial information about unlawful employee activity. Preventing misuse of computer equipment Primarily monitoring is intended to ensure employees are not misusing the company’s computer equipment and messaging […]

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Asleep on the Job – Overnight in the Care Sector

Asleep on the Job? Should those within the care sector who are expected to ‘be present’ overnight at their place of work, be paid the National Minimum Wage (NMW)? rhw Solicitors look at two key cases in this specific area which is causing concern amongst care providers. There have been various key legal cases focusing […]

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New Case Study – Excluding ’75 Act Claims After Death

Many legal claims including claims for property or breach of contract can survive the death of a claimant.  This means a claimant’s estate can sometimes continue a claim, even after the claimant has passed away. However, in February 2017, the High Court ruled that such claims do not include claims under the Inheritance (Provision for […]

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Settlement Agreements – What you need to know!

Settlement Agreements are quite a hot topic at the moment. I have heard them being discussed on several high profile business programmes on TV and Radio. There seems to be some misunderstandings about what they actually are, what they cover and don’t cover and the rights of those who are affected by them. Let rhw’s […]

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Confidentiality Agreements (Corporate Snapshot)

Do I need a Confidentiality Agreement? If you are looking to be involved in a sale or purchase of a business then the answer, almost certainly, is “yes, you need a confidentiality agreement. But why..? Whether an asset or share acquisition, parties will need to get together to start negotiations. It is recommended that a […]

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Heads of Terms – Do I Need Them?

Heads of Terms: Do I Need Them? Both parties in any commercial transaction should consider the need for Heads of Terms. The Heads of Terms document will summarise the basic points of principle that have been agreed between the parties. They should not go into detail – this will be contained in the full Sale […]

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Warranties & Indemnities (Corporate Snapshot)

The Due Diligence Procedure Warranties & Indemnities In a business acquisition, (whether an asset or a share acquisition), there will almost always be an element of risk for the buyer. To try to understand the extent of any risk(s), the buyer may raise a number of enquiries (‘due diligence enquiries’) in respect of the affairs […]

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Disclosure Letters

Disclosure Letters Disclosure letters exist in deals for the sale and purchase of assets or shares in a company, although they are normally more relevant in a share sale. The idea is for the seller giving warranties within the Sale and Purchase Agreement to “flag up” in a Disclosure Letter any areas where “disclosures” need […]

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Shareholders Agreements Checklist (Corporate Snapshot)

Shareholders’ Agreements Checklist Nature of Company and Finance What will be the nature of the activities carried on by the company? Where will the business be based? Will there be geographical limitations placed on the business’ operations? Are there any circumstances in which further capital may be required? If the company requires further finance, will the […]

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Gentlemen’s Agreements (Corporate Snapshot)

Gentlemen’s Agreements So what is the so-called ‘Gentlemen’s Agreement’? More often than not a Gentlemen’s Agreement will be a verbal agreement, i.e. the terms of the contract agreed orally.  Although verbal agreements are enforceable and valid (contracts do not need to be in writing), where a dispute arises between parties to an agreement, the absence […]

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Why Have Shareholders’ Agreements?

Shareholders’ Agreements Why have a Shareholders’ Agreement? The Articles of Association of a company will bind all shareholders automatically and as soon as they become a shareholder in a company. A shareholders’ agreement is a contract between specific named individuals and so is incapable of binding anyone else unless they also become a party to […]

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Employment Law A to Z

Employment Law A-Z ACAS (Advisory, council and Arbitration Service) A non-departmental public body of the government of the United Kingdom, the purpose of which is to improve businesses and other organisations and working life through the promotion and facilitation of strong industrial relations practice (i.e. the relationship between employers and workers). ACAS codes of practice […]

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Liability and the Company Director

How many times do you worry about liability as a director and whether this can attack you personally? How many different situations might arise legally which might involve personal liability as a director? The answer may disturb or worry but the important thing is to be aware of the risks and to offset those risks […]

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The Hidden Pitfalls of DIY Divorce

Some people might think it self-serving for a lawyer to say that a DIY divorce can be dangerous. However, having helped many clients who have encountered difficulties when representing themselves, this has led me to conclude that legal assistance in divorce proceedings is often a necessity. Whilst actually getting divorced can be relatively simple, there […]

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Wills – Gift To Charities

Many of us would love to be able to give more to charity, if we felt we could afford it. But being cautious animals we generally confine our giving to collecting tins and modest monthly payments to our favourite charities. Why not consider making a more substantial gift to charity, in your Will? This is […]

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Confidentiality Agreements

“Loose lips sink ships…” In business as in life – knowledge is power. The terms of most business deals are as individual as the companies involved with them, whether you are buying or selling a product, service or even an entire company. The last thing you want is to see a deal that’s taken months […]

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Gifts & Loans to Children

Gifts & Loans to Children – Parents are often conscious of the difficulties their children face in getting onto the property ladder. As a result many parents give their children a helping hand by loaning or giving them money towards the purchase of a property. Anyone wishing to assist their child in purchasing a property […]

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Appointing Guardians

If you have young children you will, from time to time, have thought about what would happen to them in the event of your death. Most people assume that family members would step in to help out, but it can be unwise to assume that families will behave rationally in the aftermath of a sudden […]

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Variation of Wills – Deeds of Variation

There are many reasons why the beneficiaries of a Will (or intestacy) may wish to give away some or all of their inheritance, such as: To pass assets down to the next generation To remedy a perceived unfairness in the effect of the Will or intestacy To settle a potential claim against the estate To […]

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ADRT & LPA – Compare and Contrast

Media interest in Court cases involving end-of-life treatment remains intense and more than ever we are made aware of the complex legal and ethical questions involved. Many people feel strongly that they would not wish to be kept alive in circumstances where there is no hope of recovery and no quality of life, but is […]

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Selling Your House? – Why You Need rhw’s Services

If you are thinking of selling your house we suggest that you contact us before the property is put on the market. You will have enough to manage in the move itself, with arranging and contacting for removal services, schools, utility companies etc without having to deal with the legal issues but if you still […]

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Wills – A Useful and Simple Guide

Appointment of Executors These are the persons who will, after your death, deal with the administration of your estate. This will involve making an inventory of your assets and liabilities, obtaining valuations, settling any Inheritance Tax payable, applying for and obtaining a Grant of Probate, collecting the assets, paying the debts and legacies and distributing […]

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Inheritance Tax – Transfer of Nil Rate Band

As from 9 October 2007 it has been possible for spouses to transfer their unused nil rate band allowances, so that any percentage of the nil rate band that was not used when the first spouse died can be carried forward and used on the death of the second spouse, in addition to his/her own […]

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Wills & The Marriage (Same Sex Couples) Act 2013

The Marriage (Same Sex Couples) Act 2013 (M(SSC)A 2013) came into force on 13 March 2014, making same-sex marriage legal in England and Wales from 29 March 2014. The rights of a same-sex married couple are the same as those of civil partners, including: Transfers of assets between them are exempt from inheritance tax Their […]

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Capital Gains Tax – HMRC Relief Decision

In general, no capital gains tax (CGT) is payable when you sell your main residence. This is due to principal private residence relief (PPR). However, the First-Tier tax tribunal recently upheld a decision by HMRC that Mr Gibson was not eligible for PPR on the sale of a new house, built on the site of […]

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Buying a Care Home – What You Need to Know

Part One: The Purchase There is a lot more to owning a care home than simply being a good Nurse or Doctor or having successfully run another type of business. The skills you will be required to acquire overnight will include selling, management, and staff selection skills, not forgetting business planning, cash flow forecasting and […]

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Grant of Probate & Letters of Administration

When a person dies, someone has to take responsibility for dealing with their property, debts and distributing the estate. The person dealing with the estate administration will normally be required to provide proof that he has the legal authority to deal with the deceased’s affairs, in order to close bank accounts, sell shares and otherwise […]

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Joint Bank Accounts & Mental Capacity

You may think you don’t need to make a lasting power of attorney because your money is held in a joint bank account with your partner. Most people assume that if they were to suffer a stroke or develop dementia, their partner would be able to carry on operating the account and would continue to […]

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Gentlemen’s Agreements

If you want to do business with a gentleman (or lady), why on earth would you rely on their word? The question must be “why take a chance?” At its best, a gentlemen’s agreement (realistically this is a verbal agreement) is as enforceable (or unenforceable) as any other verbal contract. Much will depend on trying […]

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Parental Responsibility – Focus on Step Parents

Parental responsibility is a legal right held by the parents of a child. It includes the responsibility of providing a home for that child and the duty to protect and maintain the child. Parents with parental responsibility must decide on where the child is to be educated and are entitled to make decisions about any […]

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Wills – How Often Should You Review?

We recommend that you review your Will at least every 5 years. The law (and in particular tax law) is constantly changing.Since you made your Will these legislative changes may mean that the provisions of your Will are no longer the most appropriate for your circumstances. Equally, your circumstances themselves may have changed. For example, […]

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Buying Land Free From Chancel Repair Liability

Buying land free from Chancel repair liability When you buy property (whether residential or commercial property) one of the key tasks of your solicitor is to check for any potential hidden liabilities. Though the system of Land Registration is aimed at achieving transparency, there is still a little way to go and one such potential […]

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Company Wills & Cross-Option Agreements

The majority of people will ensure that they have a Will to look after their personal finance but what about their business? The death of a shareholder and director, especially in a small/medium company can have a major impact on the business if they have not planned for such an event. It is also not […]

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Postnuptial Agreements

As a parent, after your child is married it may seem like a good time to give them a financial contribution to help them onto the housing ladder or start a business. However, if their relationship later ends in divorce all their assets, including your generous gift, could be subject to division by the court […]

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Second Marriages & New Families

Marrying for a second time, after divorce or bereavement, marks the start of a wonderful new chapter in life and you and your new partner will be looking forward to a long and happy future together. However, when it comes to making Wills, you may feel you are stuck between a rock and hard place […]

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