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 […]
The role of a Trustee is to hold property for the benefit of the beneficiaries of the Trust and to administer the Trust in accordance with both the general law and the specific provisions of the Trust document.
Parents or grandparents may wish to set money aside for their children/grandchildren by way of lifetime gift. For small sums, the money can be given to the child’s parent or guardian to invest on the child’s behalf…
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 […]
You’ve achieved your aim and secured a spousal maintenance or costs order from the court – end of story, happy ever after – right? But what if the debtor then doesn’t pay? What are your options? Set out below is a brief guide to the next steps and methods of enforcement available to you as […]
Royal Surrey County NHS Trust v Drzymala 2018 UKEAT_0063_1101 11 January 2018 Unfair Dismissal Following Non- Renewal of a Fixed Term contract. A Locum Consultant specialising in Cancer was employed on a fixed term contract that had already been renewed 4 or 5 times. She applied for a position as a permanent consultant and was […]
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 […]
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 on this specific area which is causing concern amongst care providers. There have been various key legal cases focusing […]
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.
It is not at all uncommon for clients to tell us that they have never heard of Lasting Powers of Attorney (‘LPAs’) or, if they have, that they don’t need one until they’re older. However, the importance of LPAs cannot be overestimated. What is a Lasting Power of Attorney? In short, it is an insurance […]
Will De Fazio-Saunders looks at privacy in the workplace – the fine line between legitimate monitoring and breaching employees’ human rights. The rise in the use of email and internet at work Apologies for stating the obvious (!) but over the past couple of decades there has been a dramatic increase in the use of […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
“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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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.
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]