Malton - 01653 692247
York - 01904 716000
Wetherby - 01937 583210
Malton 01653 692247
Legal updates

12 April 2021 Wills and estates

The horrendous death rates of the coronavirus pandemic have brought one’s own mortality into sharp relief, leading many of us to consider getting our affairs in order in case the worst should happen. The first step in this regard is to make a Will to ensure your property and belongings are distributed according to your wishes when you pass away. If you die without leaving a valid Will it means you have died ‘intestate’ and the law decides who gets what, regardless of need and your relationship. Leaving a Will is particularly important if you are from a farming family as you may also want to ensure the continued success of your business. For example, you may want to pass the farm to a specific child who has continued working on the farm while their siblings have moved…
12 April 2021 Family Matters

Following separation parents usually want to minimise any disruption to their children, ensuring that they soon settle into a new routine - whether that is in the existing family home, or following a move to a new home.  Where your children will live may be an obvious or straightforward decision, for example if one parent works abroad or has a job which makes it difficult to accommodate childcare.  For other families, the decision can be complex especially if parents feel strongly that the children should continue to reside with them. If you find yourself in this scenario and fear that an agreement will never be reached, then it is wise to obtain early expert legal advice on the best way forward.  Robert Bellhouse at Pearsons & Ward in Malton has a wealth of experience and can…
01 April 2021 Family Matters

Following the introduction of civil partnerships in 2005 and same sex marriages in 2014, there has been an increase in families and then relationship breakdown between same sex parents.  Finding agreement over issues relating to children can be tricky in any relationship breakdown. When a same sex couple separate it can raise several unique additional questions regarding arrangements for children and each person’s legal rights when children may be adopted, the parents may benefit from surrogacy or sperm donation, or one partner may have children from a previous relationship. Robert Bellhouse, a Solicitor in the family law team with Pearsons & Ward in Malton looks at some of the steps and considerations same sex couples need to bear in mind in relation to agreeing future arrangements for children. Reaching agreement together In any family breakup, if…
31 March 2021 Residential property

According to the Bank of England, the biggest issue for most first-time buyers is insufficient savings.  Last year saw a sharp jump in the average amount of a deposit required to get a mortgage, with some people having to provide a deposit equivalent to a full year’s salary. To help tackle this problem, the Government is introducing a new mortgage guarantee scheme until December 2022. Here Philip Taylor, a Licensed Conveyancer in the residential property team with Pearsons & Ward in Malton, looks at the latest proposal and other ways to help you buy your first home even if you only have a small deposit. The 95 per cent mortgage guarantee scheme During the pandemic, lenders have tended to ask for large deposits and 95 per cent mortgages have virtually disappeared. The new mortgage guarantee scheme…
19 March 2021 Family Matters

Families now come in all shapes and sizes, and children may live with parents who are cohabiting, married, separated or divorced. They may be part of a step-family, live with adoptive parents, grandparents, other relatives or a special guardian. If you have spent many years living with and developing a close bond with a child, you may be concerned that your ‘parental’ status is not formally recognised and you may worry that you could be excluded from key decisions in the future. Robert Bellhouse, family law expert at Pearsons & Ward Solicitors in Malton explains that parental responsibility is a legal concept defined by the Children Act.  ‘It determines all the rights, duties, powers and responsibilities and authority that a parent of a child has in relation to the child and their property.’ Whoever has parental…
10 March 2021 Family Matters

As part of any discussion regarding family finances following divorce, it is important to consider pensions.  As Robert Bellhouse, family law expert with Pearsons & Ward in Malton explains, this is particularly so if compared to your former spouse you only have a very modest pension of your own or perhaps no pension at all. ‘In many cases it may be possible to obtain a share of your former spouse’s pension pot in order to address any inequality in entitlement’, explains Robert Bellhouse, ‘but it is important to seek legal advice early to determine whether an application to the court is appropriate and, if it is, to ensure that any order made is fair’. When can a pension be shared? The court can make a pension sharing order where legal proceedings are issued to resolve the…
10 March 2021 Litigation

The Government has recently published guidance on a breathing space for debtors that will come into effect on 4 May 2021: The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020. As a creditor, if you are told that a debt owed to you is in a breathing space, you must stop all action related to that debt and apply the protections. These protections must stay in place until the breathing space ends. There are two types of breathing space: a standard breathing space and a mental health crisis breathing space. Both have the same effect to prevent creditors from taking action to recover qualifying debts while the Regulations are in force. A standard breathing space is available to anyone with a problem debt and will give them legal…
10 March 2021 Events

Free Employment Law Update Webinar Thursday, 29 April 2021 at 10.30am – 11.00am Register for your FREE place About this Event Join our 30 minute Employment Law Update webinar, when Gillian Reid our Head of Employment from Ware & Kay Solicitors will provide an essential update to all employers and HR professionals on the latest employment legislation. The seminar will include a discussion of key issues, such as: Coronavirus Job Retention Scheme National Living Wage/National Minimum Wage Statutory Benefits Tribunal Compensation Gender Pay Gap Reporting Guidelines for Injury to Feelings Awards IR35 Post Employment Notice Pay This is the first Employment Law Update of 2021 so don't miss out.  You may register for your FREE place today. (Be aware that this session will be hosted over Zoom). To join either use the link…
02 March 2021 Employment advice

After postponements in 2019 and 2020, the 6 April 2021 is the third date scheduled for the off-payroll working rules to be extended to the private sector. The purpose of the change is to increase compliance with tax rules known as IR35. This change has implications for: medium and large private sector organisations using contractors and freelancers; contractors and freelancers who provide their services through an intermediary, such as a personal services company; and agencies supplying contractors who provide their services through an intermediary. Medium and large private sector organisations using contractors and freelancers who provide their services through an intermediary such as a personal services company will be responsible for assessing the individual’s tax status under the off-payroll working rules. ‘The vexed issue of employment status, namely whether an individual is self-employed or…
26 February 2021 Wills and estates

If you are an executor of an estate, you may need to deal with debts that have been left behind. Any estate may have debts to be considered, even if the deceased was wealthy – it is reported that Michael Jackson died with around $500 million worth of debt. ‘Personal debts do not expire on death, they are carried over into the estate,’ says Emma Elwess, Head of Wills & Probate with Pearsons & Ward in Malton. ‘It becomes the responsibility of the executors to make sure those debts are repaid.’ Impact of debts on beneficiaries Naturally, if an estate includes any debts this will mean that there is less to be distributed to the beneficiaries. However, the extent of a beneficiary’s disappointment will depend on the nature of the gift they are expecting as well…
Filter Articles
Contact us