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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Settlement Agreements – A Quick Guide

Whether you are an employee or an employer, the termination of employment can often be a time consuming and stressful process. However, with the assistance of rhw’s Employment Team, you can be guided through the process with efficiency and expertise. What is a settlement agreement for? The aim of a settlement agreement is to enable […]

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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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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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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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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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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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Attorney Applications to The Court of Protection

As an attorney acting under a lasting (or enduring) power of attorney, you will usually be able to make day to day decisions on behalf of the donor without resort to professional advice (except perhaps in relation to suitable investments). However, there are times when professional advice and guidance should be sought. For example, you […]

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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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Gifts – Attorneys & Deputies

You may be the attorney or deputy of a person who no longer has mental capacity (P) to manage his own financial affairs. If you are an attorney, P will have appointed you as such, while he still had mental capacity. If you are a deputy, you will have been appointed by the Court of […]

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Stress In The Workplace

Jonathan Trott, who today returned home from the Ashes series in Australia, is the latest high profile casualty of stress related illness. Trott is different to many others in their own place of work due to the focus of the media and pressure of fans expectations. However, the fundamentals of the problem and the end […]

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Nuptial Agreements – A Guide

Pre and post nuptial agreements (together called ‘nuptial agreements’) are agreements made either before or after marriage, setting out how the parties to a marriage will deal with some or all of their matrimonial assets. They are particularly useful for preserving assets that were acquired before marriage (for example, shareholdings in family companies, or particular […]

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TUPE – Proposed Changes

The Government has published draft legislation amending TUPE and the law relating to collective redundancies. This is expected to become law in January 2014. The government has been working at reforming TUPE over the last few years with the aim of establishing fairness for both employers and employees. The government is also seeking to increase […]

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How to Change Your Name on a Birth Certificate

You may need to change the name on your birth certificate if you realise that a mistake has been made at the time your birth was registered. There are a number of ways to do this: If the person recorded as your father on your birth certificate is not actually your biological father and you […]

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Wills for the Divorced – A Guide

Going through a divorce is unpleasant for both parties and there are a lot of difficult decisions to make and issues to consider at that time, which can seem overwhelming. It is important, however, that you update your Will (or make a Will for the first time) as soon as you take the decision to divorce. You do not need to wait for financial matters to be agreed or for the decree absolute to be granted.

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Death Need Not Be Fatal

Nobody will be in business forever and it is a sensible person who plans their exit strategy advises Nick Richardson, Partner at rhw solicitors LLP in Guildford, Surrey. “Your exit may come about in one of the following ways”: You decide to sell your business You sell your share in the business You become critically […]

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Routes to a Divorce Settlement

When you have taken the difficult step of deciding to divorce, working out your future arrangements for children, property, maintenance payments and shared business interests can lead to a great deal of anguish. If you have not come to an agreement by yourselves, it may well be in your interests to consider the alternate avenues […]

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Wills for Unmarried Couples – A Guide

When it comes to wills for unmarried couples, it is a common misconception that an unmarried partner has similar inheritance rights to those of a wife/husband/civil partner, should their partner die without leaving a Will (intestate). This is not the case and the death of a partner (no matter how long-term the relationship) may leave […]

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Corporate Insolvency Explained

Given the current economic climate, the threat of business insolvency is, unfortunately, a subject that is becoming all too familiar to many businesses, both small and large. With luck your business will never be affected, however, it is as well to have some grasp of the basics. Not only will this give you some awareness […]

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Parental Responsibility Overview

The concept of Parental Responsibility [PR] is defined as ‘the rights, duties, powers, responsibilities and authority of a parent’ (Children Act 1989). In other words, having PR for a child grants you the authority to act as a parent. PR allows you to make the following decisions (amongst others) in relation to your children: Consenting […]

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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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Directors Personal Liability

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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Getting Support During a Divorce

Going through a divorce is extremely stressful and it is important to ensure that you are getting support during a divorce, throughout the whole process. Everyone has their own ways of dealing with stress but the following are options should be considered to help with your emotional needs: 1. Family Support It will be very important […]

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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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Separation Agreements

What is a Separation Agreement and when would you use it? A Separation Agreement allows a couple to document and sort out their financial situation at the time that they agree to go their separate ways. The Agreement allows them to record who is to have what and hopefully avoid the necessity of expensive and […]

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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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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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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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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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