At rhw solicitors, we want to make the law as understandable and straightforward as possible. Our legal guides should do this by touching upon general aspects of the law that concern us in day to day life.
Obviously, no one likes spending money on unnecessary legal fees and it is tempting to leave the administration of a deceased individuals estate in the hands of friends or family. As with many choices which look like a good way to save money... Read more
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... Read more
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... Read more
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... Read more
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... Read more
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... Read more
Given the current economic climate, the threat of 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... Read more
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... Read more
"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... Read more
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... Read more
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... Read more
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... Read more
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... Read more
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,... Read more
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... Read more
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. However, for larger sums a... Read more
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... Read more
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... Read more
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... Read more
Being asked to be a Trustee indicates that you are respected and trusted for your abilities. It is nice to be asked, but before accepting the role you should consider whether you have the necessary skill and are willing to take on the... Read more
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:
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... Read more
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,... Read more
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... Read more
This Guide summarises the more usual aspects of administering an estate. It has been prepared to help you know what to expect and what work is involved at different stages in winding up the estate.... Read more
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... Read more
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... Read more
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... Read more
Buying land free from Chancel repair liability
When you buy property (whether residential or commercial) one of the key tasks of your solicitor is to check for any potential hidden liabilities. Though the system of... Read more
The Government has announced that it plans to give The Care Quality Commission (CQC) powers to inspect the finances of large care providers in a bid to avoid a repeat of the sort of collapse witnessed with Southern Cross.
CQC will be... Read more
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,... Read more
Whether you are a care home operator or run a home care (or similar) business, if you are caring for service users funded by social services your Contract (pre-placement agreement setting out the overarching terms on which care services are to be... Read more
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... Read more
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... Read more
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... Read more
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:
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... Read more
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... Read more
Going through a divorce is extremely stressful and it is important to ensure that you are supported throughout the process. Everyone has their own ways of dealing with stress but the following are options should be considered to help with... Read more
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... Read more
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... Read more
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... Read more
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... Read more
As a young lad in the boy scouts, we were taught to "be prepared" - something which is very relevant to life generally. It is no less important when selling your dental practice. So often, no thought is given to the actual sale of the... Read more
You're bound to encounter problems when buying a dental practice, but there are ways of dealing with them.
The urge to buy a dental practice, particularly a good one, continues unabated, and if you have been looking around for some time,... Read more
Buyers of an NHS Dental Practice need to be aware that they will have to go through the CQC registration process twice.
The first application will be to register the partnership to be set up between the Seller and the Buyer in respect of... Read more
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In this issue – Gentlemen’s Agreements, Important changes to the Intestacy rules, Events and Meet Edward Pennington
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