If you are dealing with the estate of someone who has died, you need to check whether any of the beneficiaries have been declared bankrupt. If you mistakenly distribute part of the estate to a bankrupt beneficiary, the trustee in bankruptcy could bring a...
Baker Law Legal Blog
BakerLaw LLP Solicitors, Farnham - Proud supporters of the Phyllis Tuckwell Make a Will Month 2022 BakerLaw Solicitors are very proud to have successfully supported the Phyllis Tuckwell Hospice ‘Make a Will Month 2022’. Due to our Will...
The Will of a wealthy property investor has been overturned by the High Court on the basis that he did not know and approve of the contents. Property tycoon Kevin Reeves, raised as an orphan in a convent, built up an empire valued at £100...
After a death, the estate’s executor or administrator has the job of winding up the deceased’s affairs. We take a look at what happens if they fail to carry out their role. The task of administering an estate can be time-consuming and is often...
The executor to an estate has the job of winding up someone’s affairs after their death. It is a job that involves both responsibility and personal financial risk. After someone has died, their executor, named in their Will, has the role of...
As people increasingly look at ways to reduce their carbon footprint, we examine some of the best ideas for making your home more eco-friendly. The average UK home takes a shocking 50 tonnes of CO2 to build, with an additional 27 tonnes every year to heat...
If you own a leasehold property and your landlord is thinking of selling the freehold, you may have the right of first refusal to purchase it. There are a number of advantages for leaseholders when they also own the freehold in their building, so purchasing...
Make a Will that makes a difference Bakerlaw Solicitors are very proud to be supporting the Phyllis Tuckwell Make a Will Month 2022. During the month of April, our Wills specialists will be providing their services free of charge to help you create a new...
Probate fees increased in January 2022 to a single flat rate of £273 for all applicants. This replaces a system that had two different fees, namely £215 for individuals applying for probate themselves and the reduced fee of £155 payable...
The time taken to sell a house in 2019 was more than twice as long as in 2021. In 2019, it took an average of 69 days for an acceptable offer to be made, whereas in 2021 the time was down to just 27 days. Online searches for ‘houses for sale’...
Following an independent assessment in January, BakerLaw is pleased to announce the firm has passed the re-accreditation process retaining its quality mark for practice management and client care. What is Lexcel? Lexcel is The Law Society’s legal...
As Bill and Melinda Gates ponder how to divide around $130 billion in assets, we take a look at the five most expensive divorces so far. 1. Jeff Bezos and MacKenzie Scott divorce 2019 - $38 billion When the founder of Amazon and wife MacKenzie Scott...
Problems often arise with new build properties and it is standard practice to compile a list of snagging items that need dealing with when you move into your new home. But what happens when the problems are more serious? It is expected that there will a...
If you have been appointed as someone’s attorney under a Lasting Power of Attorney you will have the authority to make certain decisions on their behalf. There are two types of Lasting Power of Attorney – one in respect of property and financial...
With family courts experiencing a substantial backlog and the government supporting mediation with a new voucher scheme, mediation is likely to become more widely used in the future. It is already the case that when dealing with financial affairs and...
After someone dies, part of winding up their estate involves settling all of their debts. As well as paying bills, there are expenses relating to their death, including funeral costs. When someone has died, their estate is liable for paying their...
In April this year, the law regarding divorce is set to change to allow couples to divorce without any blame attaching to either party. The Divorce, Dissolution and Separation Bill has been given Royal Assent and is set to be implemented in April...
The Prime Minister has announced that as from 2022, all new build homes in England will have to have electric vehicle (EV) charging points. The new law means that up to 145,000 new charging points will be created each year. The legislation will also apply...
Over time, you may need to make changes to your Will. You have the option of adding a codicil or making a new Will. It is recommended that you review your Will at least once every five years as well as in the light of any major life events, such as buying a...
Many properties have restrictive covenants included in their title. These restrict what can be done at the property. If a restrictive covenant is breached, then it is open to the person with the benefit of the covenant to bring enforcement action.
With the usual rate of Inheritance Tax standing at 40%, there is a risk that your estate could be seriously depleted unless you make plans to legitimately minimise the amount that will be payable. When Philip Seymour Hoffman died in 2014, he left a Will...
Lasting Powers of Attorney (LPA) and advance decisions give authority to others to make decisions about your care on your behalf, should you need this help in the future. Both documents are for use in the event that you become unable to make decisions for...
If you or your spouse or partner need to move into care, the expense could use up a large part of your estate. While it is not lawful to deliberately deprive the local authority of funds, there are legitimate ways to protect your wealth so that it can be...
Contact arrangements over Christmas can be a source of tension, particularly for the non-resident parent, who will want to spend some meaningful time with their child during the festive season. Christmas is known for being a stressful time for families,...
A Lasting Power of Attorney is an important document giving someone the authority to deal with your affairs, should you ever become unable to do so yourself. There are two types of Lasting Power of Attorney (LPA), one that deals with property and financial...
There are strict rules surrounding Wills and the administration of estates after a death, meaning that relying on some common beliefs could cause problems for your loved ones. We take a look at some common misconceptions and what the true position is. ...
If an individual loses the capacity to manage their own affairs and make important decisions and they have not legally appointed someone to act as their attorney, it may be necessary to apply to the Court of Protection for a deputyship order. When someone...
It is sometimes the case that the person named in a Will as the deceased’s executor is unable or unwilling to take on the role. The task of executor can be complex and time-consuming. It involves identifying and valuing all of the deceased’s...
Parental responsibility is defined as all of the rights, duties, powers, responsibilities and authority which a parent has in relation to a child and their property. Not every parent has parental responsibility, however if your child’s other parent...
With the travel restriction shake up and the October half term only weeks away, many of us will start to think about going away somewhere with our loved ones. It is the time of year people look to go on holiday, but for those who are...
When someone dies without leaving a Will, they are said to have died intestate. There are strict rules governing who will inherit their estate, known as the Rules of Intestacy. Dealing with the estate of someone who has not left a Will can be more complex...
After someone dies, their executor or administrator will be responsible for finalising their financial affairs. This involves collecting all of their assets and belongings and either selling them or transferring them in accordance with their Will or,...
When you are having your Will drawn up, there is more to think about than simply whom you wish to leave your estate to. Below is a brief checklist of issues to consider when making your Will . Funeral wishes If you want to, you can include your funeral...
A deed of variation can be used to change the provisions of someone’s Will after they have died. This can be used to distribute their assets in a different way in order to reduce the amount of Inheritance Tax that will be payable or to make provision...
Finances can be a major source of anxiety during a divorce . We take a look at whether you will be entitled to receive spousal maintenance payments . This is separate to that of child maintenance. When a couple divorces, one party may sometimes be ordered...
Grandparents often play a beneficial role in their grandchildren’s lives. However, if the relationship between a grandparent and their children breaks down, it can mean that they may lose out on seeing their grandchildren. Grandparents do not have...
After someone dies, their personal representative will generally need to apply for a Grant of Probate or, if they did not leave a Will , a Grant of Letters of Representation. This is the legal authority that will enable them to wind up the deceased’s...
Last week, the government launched a 12-week consultation into the modernisation of Lasting Powers of Attorney (LPA’s). An LPA is a legal document that allows someone to make decisions about your finances, health, and care for you should you lose...
There is no strict formula for dividing assets in divorce, with the court having a duty to consider all the circumstances of the particular case. The court’s first and paramount consideration will be the welfare of any children of the family under...
Divorce, by its very nature is a highly emotive and difficult time for couples which involves, for many, deciding upon arrangements for their children and how their assets are to be divided. But what should happen to the family pet upon divorce. This has...
Kate Garraway’s heart-breaking story of her husband Derek’s year-long battle with Covid has been made even more complicated by the lack of legal protection she and Derek had in place. Kate was unable to access...
After the long-awaited separation of the UK from the European Union, you may be left wondering how employment laws could change and the affect it could have on managing your employees. From 31 December 2020, the European Court of Justice (ECJ) can no longer...
After the long-awaited separation of the UK from the European Union, you may be left wondering how employment laws could change and the affect it could have on managing your employees . From 31 December 2020, the European Court of Justice (ECJ) can no...
A judge has ruled that Terri Tibbbles will inherit her father’s £300,000 estate after declaring a ‘DIY’ will allegedly written, and signed, days before his death as invalid. William Tibbles died in February 2018 leaving 5 children; 4...
From today, if a Claimant commences ACAS Early Conciliation, the conciliation period will last for a standard period of six weeks unless brought to a close sooner by either party indicating that it does not wish to conciliate or on reaching a legally binding...
Following on from yesterday’s blog confirming the extension of the Coronavirus Job Retention Scheme (CJRS) until 31 March 2021, the Guidance is now available. In addition to the key points and changes identified in our ...
The Chancellor announced an extension to the availability of the Coronavirus Job Retention Scheme to 31 March 2021. The reason for the extension is based on evidence of the economic effects of COVID-19 on business lasting longer than the duration of the restrictions.
The Court of Appeal’s recent decision in Robinson v DWP has clarified what an employee will need to show to succeed in a claim for discrimination arising from disability . The Court of Appeal decision means that tribunals must look at the...
In Sullivan v Bury Street Capital Limited [2020] UKEAT/0317/19/BA, the Employment Tribunal has accepted that a Claimant had paranoid delusions for a certain period, but found that those delusions were not expected to have a substantial and long term...
The UK public, when encountering a commercial dispute, often think that Trading Standards will be a lifeline for their claim and make the process quicker and easier. But is this accurate and who are Trading Standards? In reality what can they do? Trading...
With all the uncertainty caused by COVID-19 and increasing unemployment rates, being told that your employment is ending will undoubtedly be a distressing and worrying time. Some employers are offering Settlement Agreements (a legally binding agreeing...
Statutory redundancy payments (what the law says an employee is entitled to be paid if they have been continuously employed for 2 years and are made redundant) are calculated based on an employee’s length of service, their age and a...
Update correct as at 6 August 2020 The Statutory Sick Pay (General) (Coronavirus Amendment) (No.5) Regulations 2020 came into force on 5 August 2020. They extend the entitlement to Statutory Sick Pay from 7 to 10 days where an individual self-isolates...
The Employment Appeal Tribunal (EAT) has ruled that employees can pursue an unfair dismissal claim even though no compensation may be awarded, provided the claim has a reasonable prospect of success. In Evans v London Borough of Brent , Dr Evans...
Landlords will be pleased to hear that not serving a gas safety certificate before a tenant goes into occupation at a property is no longer fatal to their chances of serving a valid section 21 notice to evict the tenant. The decision of Caridon Property...
A recent article in The Guardian shows the dangers of giving the wrong account details when arranging bank transfers. The article reports that the client was in discussions with the solicitors dealing with his late father’s estate, regarding the...
Divorce laws in England and Wales are finally set to change after the Divorce, Dissolution and Separation Bill passed its third and final reading in the House of Commons on 17th June 2020. The bill will reform the traditional fault-based system by...
Have you ever been asked to guarantee a loan so that your friend or someone in your family can borrow money? Or have you guaranteed a loan to help someone? It is not unusual for people to ask those close to them to do this and most will agree so that they...
Last month volunteers from local football club Bourne Blades ran and cycled the distance from John O’Groats to Land’s End in a virtual relay to raise money for two local charities. An initial group of 30 volunteers, including three members of the...
The country and indeed most of the world, are locked down to help in the fight against Covid-19, as these unprecedented times have seen a suspension of our normal ways of life, business and trading. As lawyers, we are being asked more and more: What...
As the UK enters week 5 of a nationwide lockdown due to the outbreak of Coronavirus, it is crystal clear that this disease has and will continue to affect everyone; not only from a health perspective but also having a profound impact on the viability of...
Struggling tenants are never good news for a landlord and, in the difficult circumstances we find ourselves in, landlords and tenants should seek to have open discussions with each other about their commercial lease and what tenants can afford to pay.
The Coronavirus Business Interruption Loan Scheme (CBILS) has had a slow start and Chancellor Rishi Sunak has been forced to overhaul the scheme following pressure from small business owners, primarily at the paltry level of loans sanctioned compared to...
In addition to compensation for financial loss, Employment Tribunals may award compensation for injured feelings in discrimination claims . As neither the Equality Act 2010 or previous legislation provided guidance on the level of award for injury...
The Coronavirus (Covid-19) pandemic is affecting all businesses and organisations across the nation; in particular, law firms are having to adapt to sudden changes to the Court systems. The Government announced that as of Monday 30th March 2020, 89 courts...
It has now become increasingly difficult for lawyers to ensure that the basic requirements of creating a valid will have been met given the current social distancing guidelines and requirements to stay at home. Under the current government guidelines,...
On Saturday 4 April 2020, HMRC issued updated guidance on the Coronavirus Job Retention Scheme. The updated guidance clarifies some but not all of the unanswered questions that many employers have been left grappling with following the initial guidance...
The Supreme Court has allowed an appeal ruling that Morrisons (WM Morrison Supermarkets plc) is not liable for a data breach committed by its ex-employee, Mr Skelton. Skelton uploaded payroll data online, including personal details of Morrisons’...
In light of the current climate and guidelines surrounding the Coronavirus (COVID19) outbreak across the globe, the Private Client team are working hard to make our services available to more people. We have already been able to achieve this by offering...
In light of the current climate and guidelines surrounding the Coronavirus (COVID19) outbreak across the globe, the Private Client team are working hard to make our services available to more people. We have already been able to achieve this by offering...
Some employers took steps to make workers redundant prior to the government’s Coronavirus Job Retention Scheme (CJRS). Others are still making redundancies irrespective of the CJRS due to the uncertainties that remain or because they cannot afford to...
‘Stay Home Stay Safe’- this tag line is being heavily promoted by the government as they seek to protect the safety of its citizens as well as the functionality of the NHS. There is no doubt that this concept has far reaching implications for...
The Government’s further guidance on the Coronavirus Job Retention Scheme sets out who will be eligible to use the scheme and answers some questions on how it will operate. Who can use the retention scheme? All UK employers, including...
The world is currently facing an extremely uncertain time as people all over the globe grapple with the ongoing effects of the Coronavirus. It is no secret that this virus has affected everyone, in every way, as they go through the motions of their day to...
"Keep calm and carry on" resonates within this summary today. I am awfully impressed by the BakerLaw and North-East Hampshire Police (NEHP) teams last night, as despite the difficult and unprecedented times we find ourselves in, the players turned...
Has the Coronavirus (Covid-19) made you stop and think ‘Do I have my affairs in order?’ With more and more cases of Covid-19 being diagnosed every day, the country is preparing to implement social distancing measures. This may bring forward...
We came, we saw - but Roffe Swayne conquered. Off we went, with hearts full of dreams and minds filled with what could be, if we only managed to win our first away game. Unfortunately, this was short lived as Roffe Swayne hammered 4 goals past...
As at Monday 9th March 2020 The situation regarding the coronavirus, officially known as Covid-19, is changing daily. From an employment perspective, it raises questions of immigration, health and safety, data protection and employment law issues. The...
Making the decision to get divorced is never easy. Anxieties can be exacerbated by misinformation being passed down by friends and family that, in an effort to help, only serve to worry. Myths surrounding financial matters pose one of the main areas of...
Every year, Time to Change run the campaign, Time to Talk Day with the aim of getting the nation talking about mental health. The intention is that by having conversations, misconceptions and barriers around mental health can be reduced. It is...
If a landlord wants to grant and a tenant wishes to take a lease of a commercial property, then ideally the parties should set out the main terms of what they foresee will form part of the lease. Effectively the HoTs is the skeleton of what the contractual...
If a landlord wants to grant and a tenant wishes to take a lease of a commercial property, then ideally the parties should set out the main terms of what they foresee will form part of the lease. Effectively the HoTs is the skeleton of what the contractual...
Home Extensions and Conversions – Avoiding the Nightmare Scenarios Moving house can be stressful, expensive, and difficult, particularly in a tough market. Home renovation projects offer an alternative and they seem to be as popular as...
Rectifying a commercial contract, how do the Courts do it? If you are the owner of a business, it will be common for you to work with commercial contracts. It is important to note that the terms of a contract do not have to be written down to bind parties...
Is vegetarianism a protected characteristic under the Equality Act 2010? This was the question that a recent Employment Tribunal had to answer when Mr Conisbee, a waiter at a hotel, brought a claim against his former employer, Crossley Farms Ltd claiming...
Not so long ago, BakerLaw had the pleasant surprise of being asked to confirm whether the property our client was selling was indeed haunted and if so, what plans were in place to deal with said haunting. To make matters even more strange, the buyers...
It’s never too early to think about child arrangements for the holiday period It is the time spent with family during the holiday season that makes it such a special time of year. However, for some families the time leading up to the holidays can...
The overall objective of those who bring a money claim, is to recover their money from their opponent (‘the Defendant’), but unfortunately obtaining the judgment is only the first step to achieving this objective. If you successfully obtain...
Data protection: Should businesses be worried? With British Airways (BA) and Marriott receiving notices of proposed fines from the Information Commissioner’s Office (ICO), the regulatory body that enforces data protection policies in the UK,...
Did the ‘Queen of Soul’ leave a valid Will? Aretha Franklin died on the 16th August 2018 at the age of 76 after an ongoing battle with pancreatic cancer. Recent news reports have now revealed that a handwritten Will has been discovered under a...
When an employee is dismissed from their employment, it is natural for that person to feel as if they have been treated unfairly. An employer is entitled to dismiss an employee provided they can show that the reason for the dismissal was one of five...
Why use a Solicitor to write your Will One of the benefits of using a solicitor to write your Will is the level of protection and security that there is for the client. There are many unregulated options available to write a Will, including DIY Wills,...
Who is going to make decisions for you when you can’t? The answer may surprise you…. If something was to happen to you and you couldn’t make decisions about your finances or personal wellbeing, your family or friends would be able to...
Do you know your rights as a step-parent? In the ever changing landscape of society, it is now commonplace for parents of children to separate or divorce, making room for new relationships and sometimes, new roles. The idea of step-parents and step-children...
It is a business person’s nightmare when the contract they thought was sound and wind proof turns out to be open for interpretation. The High Court gives a stark reminder for the need for clarity when drafting. The recent case of Macquarie Capital...
What is a cookie? We’re not talking about the chocolate chip variety! A cookie is a small text file that is downloaded onto ‘terminal equipment’ such as a computer, when the user opens a website. This allows the website to identify...
The advent of smartphones means that it could not be easier to make an audio recording of an internal meeting without the other party’s knowledge. Employees may feel confused and vulnerable and want the protection of recording exactly what the...
Do you feel physically and emotionally exhausted all the time and lack motivation at work? Do you have a demanding job that constantly makes you feel stressed? You could be suffering from ‘burnout’. The World Health Organisation (WHO) announced...
On the 1 June 2019, the Tenant Fees Act 2019 (‘the Act’) came into force which heralded big changes for landlords and tenants in respect of payments that landlords (or letting agents) can charge to tenants and the treatment of a tenant’s...
This is the last in a series of three articles encouraging businesses to ensure that their property paperwork is in order. This week we consider additional ways to protect your business from unforeseen circumstances and how to enhance your...