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29 June 2022 Wills and estates

Can you help the environment and save some tax?  Emma Elwess considers inheritance tax planning and woodlands. Brief inheritance tax position Inheritance tax can be complex but the rate of tax is 40%, above the ‘nil rate band’ on which there is no inheritance tax to pay – this band depends on the individual’s family circumstances and assets.  Why woodlands? Investing in woodland, or reviewing what you do with your existing woodland, can be a useful estate planning strategy – leaving more for you to pass to the next generation. Is it a business? Woodland may qualify for Business Property Relief if commercially owned and managed as a business. Examples of businesses that could qualify include woodland used for camping, fishing, or where the timber is being generated for sale – even if a sale may…
29 June 2022 Employment advice

We offer a Claims Assessment Package specifically for employers
21 June 2022 Employment advice

We offer a Claims Assessment Package specifically for employees
15 June 2022 Firm updates

Pearsons & Ward Solicitors is delighted to welcome Conveyancing Executive Catherine Thompson to its growing Residential Property Team in Malton. Catherine is the latest appointment for Pearsons & Ward, part of Ware & Kay Solicitors Ltd which serves clients across Ryedale, North and East Yorkshire. In her new role Catherine will provide comprehensive advice to clients on all types of residential property transactions, including buying and selling freehold properties for registered and unregistered land. She also has experience of purchasing buy-to-lets, landlord and tenant work, mortgage transactions and property registrations. Catherine is originally from Scarborough and started her legal career as conveyancing executive with a local firm. Catherine said: “I am delighted to be joining Pearsons & Ward. Whether you are purchasing a home for the first-time, downsizing or moving on to bigger and better things…

Sporting rights can be extremely valuable to landowners with some, such as rights on a grouse moor, being potentially of more value than the land itself.  Granting sporting rights to others also provides an attractive means of diversification and a source of additional revenue to improve profit margins. However, as Jacqueline Barr, an agricultural law specialist at Pearsons & Ward Solicitors in Malton explains, ‘There can be pitfalls, when others have sporting rights over your property as this gives them the legal right to enter your land to hunt, fish or shoot.’ Acquiring land When buying piece of land, many believe that they will own it in its entirety and have the right to do whatever they want on it, and to stop other people doing anything on it too. Under English property law, a sporting…
06 June 2022 Litigation

As a child, I was oblivious to Uncle Len’s misfortune. During a lifetime of loyal service to the landowner, he was promised by the landowner, the land and house where he lived and worked, would be left to him in his employer’s Will. Uncle Len never doubted this promise and in reliance, failed to make provision, should he be let down. The trust placed in that promise, also took away his motivation to pursue better employment, or buy a house. When his employer died, his Will left Uncle Len nothing. He and my aunt had to leave the house which had been their home for decades, promised would be theirs one day. They did nothing further about it. How different my uncle and aunt’s lives might have been, if I could have passed on my knowledge…
01 June 2022 News

Many of us like to include legacies in our Wills whether to family, friends, executors and /or to charities. Legacies can be general (often fixed sums of money) or specific (particular assets you own such as a house, items of jewellery or a share in a business.)   On the face of it, including a legacy in a Will seems very straightforward.  However, there are numerous issues which should be considered, some of which could result in beneficiaries losing out or even unintended inheritance tax consequences! Some areas to consider are as follows: 1. Fluctuating asset values. In the context of property and investments, values can fluctuate dramatically. The values might be significantly higher or lower at your death as compared to when you made your Will. If the same beneficiary inherits your entire estate, this isn’t…
01 June 2022 Employment advice

The subject of pay is always a hot topic and requires sensitive handling. Employees feel they need more, due to the rising costs of living, or believe they deserve more due to increased responsibilities or experience.  Meanwhile, employers are under pressure to cut costs while seeking to attract the best people with an attractive package.  ‘These conflicting tensions sometimes make it difficult to strike the right balance, so employers need to take care when looking at setting pay levels to ensure that your business is not vulnerable to a claim relating to equal pay or discrimination,’ says Kalpesh Nakeshree, Head of Employment Law with Pearsons & Ward. ‘There are a number of ways in which employers can avoid creating these risks and ensuring staff feel fairly treated when it comes to pay.’ Kalpesh highlights the risks…
31 May 2022 Employment advice

Having a basic understanding of menopause and how best to support and be supported is in the interest of both employers and their staff. Although the menopause usually occurs between the age of 45 and 55, this is not always the case.  Due to a number of different factors a person can begin menopause earlier or later in life. Every person’s experience is different, so there is no right or wrong way to experience menopause. Menopause can also have an effect on colleagues in the workplace, for example if you notice that a co-worker’s behaviour is changing or they seem more forgetful. Menopause is a very natural part of life and being able to talk about this openly at work can really help break the stigma around it. A simple check-in with your colleague or a…
31 May 2022 Family Matters

Those avid Archers followers amongst you will be aware of Alice and Chris’s increasingly acrimonious divorce. For the rest of you, the storyline concerns Alice Carter (daughter of Brian Aldridge) who is a partner in her family’s farming business. Her husband Chris is the local farrier. One summer Chris and Alice went on holiday to Las Vegas announcing on their return that they had been married. Needless to say there was no Pre Nuptial or Post Nuptial Agreement and the farming business is now under a threat. The starting point in English law is an equal division of the matrimonial pot but a Court will take many considerations into account in deciding what a fair settlement would look like. Courts may be reluctant to order the forced sale of assets which threaten the future viability of…
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