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Legal insights, news and commentary from Downs Solicitors
Here, you'll find the latest insights, news, and expert commentary from our team. Our regularly updated blog covers a wide range of topics, from industry trends and legal updates to practical advice and opinion pieces from our team.
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What are your legal rights when an invoice goes unpaid?
Jun 2026
Late payment is one of the most common challenges faced by businesses across the UK and many business owners are unaware that the law provides a range of protections designed to help them recover money they are owed.
Why giving away your home could cost more than you think
Jun 2026
For many parents and grandparents, the idea of passing the family home to the next generation during their lifetime can seem like a sensible step. But, while it may appear straightforward on paper, in reality, gifting your home can create a range of legal and financial complications if not approached carefully.
The gas safety mistakes that are invalidating Section 21 notices
Jun 2026
The gas safety mistakes that are invalidating Section 21 notices
This month, the long-awaited Renters Rights Act 2025 became law, bringing some of the biggest changes to housing legislation since the Housing Act 1988. However, landlords who rushed to issue their “no-fault” evictions, also known as Section 21 notices, before the 1st May deadline have now been dealt a new blow.
The rise of £3 probate blocks – why more people are challenging estates
Jun 2026
A growing number of people in England and Wales are paying just £3 to delay the administration of estates. Recent figures reveal a notable increase in the use of probate “caveats” – a little-known legal mechanism that can temporarily halt the distribution of a deceased person’s assets. But why the surge, and, why the increase in disputes?
The importance of recording Settlement Terms
May 2026
Settlement agreements are a common feature of dispute resolution in the UK whether in employment matters commercial disputes or litigation generally. While reaching a settlement can feel like the end of a difficult process, what is often just as important as the agreement itself is how the terms are recorded.
Received a Letter Before Action or Court Claim Form? Here’s what you should do next
May 2026
Receiving a Letter Before Action or a County Court Claim Form can be concerning, particularly if you were not expecting legal action. However, both are part of the formal dispute process in England and Wales, and understanding them is key to protecting your legal position.
Understanding the often-overlooked impact of pet loss for Dementia sufferers
May 2026
It’s Dementia Awareness Week, which highlights many challenges. But one that is often missed is how the loss of a pet can unexpectedly derail a vulnerable person and that is why thoughtful planning for both people and their pets is essential for families.
This Dying Matters Week it’s vital to have those all-important conversations
May 2026
This week marks Dying Matters Awareness Week, a timely reminder of something many of us know, but often avoid, which is the importance of talking openly about the end of life and planning for it properly.
For most people, these conversations sit firmly in the “later” category, something to think about another day, at another stage of life. But the reality is far less convenient. Life can change suddenly, and when it does, the absence of clear plans can place an enormous burden on those left behind.
Why family bullying over inheritance is becoming more common
May 2026
Rising living costs and soaring house prices are leading to a rise in inheritance disputes. Experts say billions of pounds are expected to pass from older generations to younger ones over the coming decades, often described as the “great wealth transfer.” But as financial pressures grow, some families are no longer willing to wait. Older people are reporting more cases of relatives pushing them to hand over money, property, or savings earlier than planned.
Is the Boomer tax bomb about to go off?
Apr 2026
Recent headlines have suggested that older generations may face increasing tax pressures in the coming years and that is why estate planning, wills and inheritance tax (IHT) advice matters more than ever – especially for Baby Boomers.
Not ready for the 6 April changes? Don’t panic – but act fast
Apr 2026
If the employment law changes coming into force on 6 April 2026 have caught you off guard, you’re certainly not alone. The pace and scale of this year’s updates following the passage of the Employment Rights Act 2025 have made preparation difficult, especially as some measures arrived with limited notice.
Estate planning needs to play catch up with crypto assets
Mar 2026
We’ve lost count of the number of times we’ve emphasised the importance of writing a will. But, while assets like property or classic cars might spring to mind first, these days other assets are coming to the fore – like cryptocurrency.
When to settle and when to fight a commercial dispute
Mar 2026
If your business is involved in a legal dispute, one of the first questions is whether to try to settle or fight it in court. Of course, there’s no simple answer, because while the law is important, it’s only part of the picture as things like cost, time, and risk often matter just as much.
Employment Tribunal claims surge by over 50% - what the latest statistics mean for employers
Mar 2026
The latest Employment Tribunal statistics for October to December 2025 published by the Ministry of Justice show a significant increase in the number of claims being brought in the UK. The figures confirm a growing trend of workplace disputes and highlight increasing pressure on the tribunal system.
Q&A: When is a gift, not a gift?
Mar 2026
I gave my daughter some money to buy a house but the bank is saying it might refuse the mortgage. Why?
At the end of last year my husband and I gave our daughter some money to put towards a deposit for her first house. However, as she still plans to travel, I told her if she ever sold the house and didn’t buy another, we would expect that money to be returned to us, but otherwise the money is hers.
What employers need to know about guaranteed hours contracts
Mar 2026
The Employment Rights Act 2025 introduces major reforms aimed at tackling insecure work, including the use of zero-hours contracts. One of the most significant changes is the introduction of guaranteed hours contracts, intended to give workers greater certainty where they regularly work consistent hours despite being engaged on flexible arrangements.
Can an estranged child challenge a will?
Mar 2026
It’s a fairly common myth that if you leave someone out of your will then your wishes are final. However that is not always what happens and the recent case of Howe v Howe, where an estranged child was left out of an estate, is a useful reminder of what can happen if someone chooses to contest a will.
When digital becomes difficult – how to include crypto assets in later life
Mar 2026
Financial life is becoming increasingly digital. Alongside bank accounts and investments, many people now hold crypto assets, like Bitcoin or other digital currencies as part of their personal wealth.
While these assets can form a legitimate part of modern financial planning, they also introduce new challenges, particularly where an individual later becomes vulnerable through age, illness or changing circumstances.
Artificial Intelligence is not a substitute for a solicitor
Feb 2026
Artificial intelligence is increasingly being used by individuals seeking quick answers to legal and financial questions. However, people quickly become unstuck when they realise legal and financial matters are rarely straightforward. A seemingly simple question can involve complex legal principles, tax considerations, or family dynamics - and we've seen time and time again how quickly things can unravel.
Authorised Push Payment Fraud and the rising risk of litigation
Feb 2026
Authorised Push Payment (“APP”) fraud has become one of the most serious sources of banking disputes today. Fast electronic payments and sophisticated scams have exposed the limits of old legal rules about authorisation. Since it is usually impossible to recover money from the fraudsters themselves, claims increasingly focus on whether banks should bear some or all of the loss.
Is a retirement flat included in your inheritance?
Feb 2026
Retirement flats are increasingly featuring in estate administrations and often in ways that cause unexpected difficulty. If you currently own a retirement flat and plan to pass it on to family when you pass away, or you expect to inherit one, you might want to read on – and plan very carefully for the future.
Intestacy rules at 100: why making a will still matters
Feb 2026
This year marks 100 years of the intestacy rules in England and Wales. It's fair to say a lot has changed since then, but despite the different world we live in, the underlying framework remains rooted in assumptions made a century ago. It makes writing your will even more important to reflect your wishes for today's values.
Why talking about your funeral wishes and medical preferences matters
Feb 2026
Death isn’t a topic most of us enjoy thinking about - but planning ahead and talking about this while you are fit and well can be one of the most thoughtful and loving things you do for yourself and your family. While, for many, that might mean drafting wills and Lasting Powers of Attorney – and those things are important too – there are other, lesser thought of aspects that also need to be considered, like your funeral wishes and medical preferences.
Joint bank accounts: a shortcut that can cause serious estate planning problems
Jan 2026
During a recent discussion about an estate administration issue with a colleague, it highlighted a scenario we see far more often than many people realise.
It's very common for parents to hold bank accounts jointly with their adult children as a way of helping with day-to-day finances - like paying bills, managing direct debits and generally making life easier.
Later-life divorce - why pensions matter
Jan 2026
Divorce later in life can have serious and lasting financial consequences. Not least because you've probably secured significant financial assets, like property, but in so-called “silver divorces” it is pensions that are often among the most valuable assets. A pension is a life's worth of savings, built up during a long marriage, yet they are frequently overlooked in favour of the family home or immediate more liquid capital - and the issue can disproportionately affect women in particular.
Giving away your wealth too soon can be risky
Jan 2026
Many people in their late 50s, 60s and 70s are in a fortunate position. Having benefited from rising property values, strong pensions and long-term investment growth, this generation – often referred to as “baby boomers” – are now passing on wealth to children and grandchildren earlier than ever before.
Inheritance Tax Changes: Why now is a good time to review your estate planning
Jan 2026
Recent government announcements concerning agricultural and business property reliefs serve as a timely reminder that proactive planning can make a significant difference to the amount of tax paid – and ease the burden on the next generation, making assets easier to pass on.
Divorce “myths” – dispelled
Jan 2026
‘Tis the season, not for mulled wine and mince pies, but for separations and divorce.
Monday 5th January 2026 was “Divorce Day in the UK"
So called because it is supposed to be the day when law firms see the highest number of divorce-related enquiries as people seek a fresh start for the New Year. If you are someone considering a divorce then you are not alone and if you are at the start of the process, it can feel overwhelming.
Start the New Year with a legal health check
Jan 2026
Now that the festive season is over we’re all perhaps turning our minds to a fitter and healthier 2026, especially if you’ve overindulged at Christmas! Despite many of us hitting the treadmills, very few of us actually give ourselves a legal health check – even though it is arguably just as important.
5 Inheritance Tax rules you’ll need to know if you’re gifting money this Christmas
Dec 2025
Cash is the perfect gift for anyone wrapping last-minute Christmas presents, but if you are thinking of giving a substantial sum, you might want to think about Inheritance Tax (IHT).
Gifts can become taxable after death, depending on how much you give, when you give it and whether you survive long enough after making that gift. So, here’s 5 things you’ll need to know to give your gift tax-efficiently.
Making a will – and supporting a great cause
Dec 2025
Making a will is probably one of the most important things you can do to protect your loved ones and plan for the future. It’s one of many reasons why we have proudly supported the Make a Will scheme in aid of Phyllis Tuckwell Hospice Care – and we were delighted to take part again this year.
The Renters’ Rights Act 2025: What It Means for Landlords, Developers and Investors
Dec 2025
The Renters’ Rights Act 2025 has now received Royal Assent, bringing major changes to the private rented sector. The Act has been described as one of the most significant reforms to the private rented sector for a generation and will introduce a more regulated and tenant-focused system, which will affect how landlords manage tenancies, plan disposals or redevelopment and meet compliance obligations. Crucially, the government has now confirmed a three-phase implementation timetable, with Phase 1 beginning in May 2026, which will have immediate practical implications for all landlords.
Commercial lease renewal guidance for UK businesses
Dec 2025
As year-end approaches, many businesses begin reviewing upcoming contractual deadlines, including the question of how and when to renew a commercial lease. For both landlords and tenants, understanding the commercial lease renewal process is essential in maintaining continuity and avoiding unnecessary disruption.
National Grief Awareness Week UK: Tips for coping with bereavement and managing practical matters
Dec 2025
National Grief Awareness Week – which ran from 2nd–8th December – is a nationwide initiative that shines a light on the reality that grief affects everyone differently. For many families, bereavement is not only emotionally difficult but also brings a complex set of legal and practical responsibilities.
When someone dies, families often face a long list of responsibilities at a time when they may feel least able to manage them. Many clients tell us they simply don’t know where to start - or feel overwhelmed by the mixture of grief and legal obligations.
Here are a few tips from us to make sure you can continue moving forward.
Tis’ the season for proposals - and prenups
Dec 2025
It’s 5th December and while the 5th day of Christmas brought 5 gold rings, if you are thinking of popping the question during the festivities, it might also be well worth considering a prenup. It may sound surprising, but prenups in the UK are becoming an increasingly relevant consideration for couples who want to protect their assets and plan for the future.
Employment Rights Bill 2025: Key changes HR teams should prepare for
Dec 2025
The government has confirmed a major change to the Employment Rights Bill 2025, abandoning plans for day-one unfair dismissal rights and replacing them with a six-month qualifying period. For HR teams, business leaders and anyone who directly employs staff, this update significantly reshapes UK employment law compliance, dismissal procedures and risk management.
Here is everything HR teams should prepare for in light of these changes.
Why it pays to get proper advice on your will – and what to watch out for
Nov 2025
In recent months, we have come across Wills drafted by unregulated will writers that have caused real problems — and heartbreak — for families. Sadly, these issues only come to light after someone has passed away, when it’s too late to fix them easily. This can lead to costly court applications, delays in administering the estate and enormous distress for those left behind.
Q&A: Can I sell my house before probate is granted?
Nov 2025
Q: I need to sell my mum’s house as I cannot afford to keep paying for it. Can I sell it before I get probate?
My elderly mother passed away earlier this year and we are still waiting for probate to be granted on her home so that we can sell it. I am an only child and my husband and I still have our own mortgage to pay. We’re also paying for our son to go through university and one daughter still at home.
Financially we are struggling so the sooner I sell my mum’s house the better – is there anything I can do to hurry things along a bit?
HR Horror: The Cursed Case of the Unfair Dismissal
Oct 2025
The paperwork is ready, the conversation is planned and you believe the matter will soon be behind you. But just when you think it’s over, an unexpected email arrives from the shadows. An unfair dismissal claim has risen from the depths and suddenly your once straightforward decision feels like the beginning of a horror story.
Hosting a Halloween Spook-tacular? Beware of HR Frights!
Oct 2025
As October draws to a close, many workplaces are eager to embrace the Halloween spirit. But, while themed events can boost morale and give employees a welcome break from the day-to-day routine it’s worth remembering that even the most well-intentioned festivities can create unexpected HR - or even legal - frights.
Halloween HR Horror: The operational nightmare of everyone on leave at once!
Oct 2025
As Halloween approaches, there can be nothing scarier than operational nightmares like this: It’s your busiest time of year, phones are ringing off the hook, deadlines are looming and suddenly, but it seems everyone has disappeared. So what can you do to help avoid your workplace resembling a ghost town?
The Haunting of Hormones Hill: A Menopause Awareness Month Special
Oct 2025
October isn’t just the season of pumpkins and ghouls, it’s also Menopause Awareness Month. It’s also a great chance for employers to remind themselves of some of the guidance which has been set out to help employees feel supported – and avoid being left out in the cold.
Residual estate clauses and IHT - a common pitfall
Oct 2025
Many Wills leave what’s left of an estate - known as the “residue” - to be shared between family, friends or charities. On paper, this can look straightforward, especially where the Will says that the residue should be divided equally - but there are a few things to be aware of.
Water neutrality rollback opens the tap for property development
Oct 2025
The Government’s recent announcement rolling back water neutrality restrictions across north Sussex marks a major turning point for the region’s development pipeline.
Companies House is introducing GOV.UK One Login – this is what businesses need to do now
Oct 2025
Some important changes have been announced by Companies House to the way users access WebFiling services. Here is everything you need to know about the upcoming changes and what you need to do now to prepare.
What is WebFiling used for?
The current Companies House WebFiling is used by companies to file accounts or confirmation statements. It can also be used to make changes to your company details, or close the business completely.
If you use WebFiling, then you will need to be aware of some changes that will begin to take effect this month as this will affect all users who currently file company documents online.
Honouring every life, even when no one is there
Oct 2025
Sometimes, we are asked to step in when someone has no family or friends to arrange their funeral. Recently, I had the privilege of doing this for a client. Being a solicitor is often thought of as dealing with paperwork, contracts, or legal disputes, but it can also be deeply personal.
When acting as executors, we carry a responsibility - and a privilege - to honour clients’ wishes to the fullest, where there is no family, or where relationships are strained.
Our role is to ensure that every detail is considered, every preference respected and every life remembered with dignity. Choosing reputable funeral providers, planning carefully, and approaching
each decision thoughtfully ensures that the day itself truly reflects the person who has passed.
The little-known law that can have a big impact - especially if you are planning to leave someone out of your will
Oct 2025
Families come in all shapes and sizes – and when they come together it can mean more than just a few extra Christmas presents! Family disputes are on the rise and it is thought the cost-of-living crisis, expensive housing and high debts are some of the key drivers behind will disputes.
In 2024, there were more than 11,300 applications to block probate according to HM Courts and Tribunals service. In 2023, there were 182 claims under the Inheritance Act to the High Court in London, which is up from 80 in 2012.
What would an “Upwards-Only” rent ban mean for your commercial premises?
Sep 2025
The UK government is considering banning upwards-only rent review clauses in commercial leases, a move that could significantly affect both landlords, investors and tenants. But, what will that mean for you?
What are Upwards-Only rent reviews?
Upwards only rent review clauses are common in many commercial leases. Such clauses ensure that the annual rent for the property can either stay the same or increase to the market rent at the review point, but never decrease, even if market rents fall.
These clauses are designed to protect landlords’ income and property values. They provide predictable cash flow and are often a requirement for institutional investors or lenders.
Critics of upwards only rent review clauses argue that these clauses distort the market by preventing rents from reflecting actual economic conditions, particularly during downturns.
Windfalls and what next?
Sep 2025
An unexpected lump sum in later life can feel both exciting and daunting. Perhaps it’s from a pension payout, a life insurance policy coming to maturity, or the sale of a family home. If it’s a significant lump sum, you might be questioning what to do with it. Should you invest, hold it in cash, or share it with family now?
September separation? Don’t stay afraid
Sep 2025
Separations are common at this time of the year, as fraying couples spend long summers together and then decide enough is enough when the kids go back to school. It’s a big decision in itself, but if there are further complications, it can take even more confidence to make the leap
Top tips for handling franchise disputes before they escalate
Aug 2025
Operating a franchise business can be a win-win when both franchisor and franchisee thrive. In the longer term though, things can arise which can cause disagreements.
Here are a few top tips to prevent issues from getting too out of hand – and could even prevent expensive court action.
What will happen to the Forfeiture Rule if the Assisted Dying Bill is passed?
Aug 2025
We recently wrote a blog (link to: https://www.downslaw.co.uk/blog/assisted-dying-bill-clears-the-commons/) about the historic moment the Terminally Ill Adults (End of Life) Bill was passed by the House of Commons. Even though the details are yet to reveal themselves, it certainly brings out some interesting discussion points – like what will happen to existing laws and regulations that might be affected by the ruling?
My father has just turned 70 and has started overspending, seemingly without a care for his retirement.
Aug 2025
Q: My father has just turned 70 and has started overspending, seemingly without a care for his retirement.
Dad was a manager at a software company and officially retired last year at age 69. Since then, he has started spending frivolously on things like meals out and weekend breaks away. He’s now bought a classic car that doesn’t even run. He plans to “do it up” but he’s never even had an interest in cars all his life!
I am concerned that he will not have enough to last his retirement, however, I also don’t want to stop him having f
Probate fraud in the digital age - key signs to look out for
Jul 2025
A BBC News investigation (link to: https://www.bbc.co.uk/news/articles/cx2390x51zqo) has uncovered a disturbing story of how two sisters had their inheritance stolen from them by a fraudster – and how a few warning signs had been consistent with similar crimes committed in similar circumstances.
Hard to get healthcare funding is letting families go without
Jul 2025
For many families in the UK, the cost of long-term care can take it’s toll emotionally and financially. Unheard of by many families, NHS Continuing Healthcare (CHC), covers the full cost of care for certain individuals who qualify, but access to this funding remains exceptionally difficult. What’s worse, is that many eligible applications are turned down each year.
Separation and divorce – is there such a thing as “winning”?
Jul 2025
Whether you have been through it or know someone who has, you have probably heard that divorce is all about maximising your position to make sure you can come out on top – but is it really about “winning”?
Assisted Dying Bill Clears the Commons
Jun 2025
In a historic moment for UK end-of-life legislation, the House of Commons has passed the Terminally Ill Adults (End of Life) Bill.
Try not to fall out completely during your divorce
Jun 2025
If you’re going through a separation, divorce, or even just thinking about leaving a relationship, chances are there has been some kind of conflict or difficult emotions. However, if you can keep things amicable, you can save yourself a lot of hurt feeling – and it can make your separation easier and more cost effective.
Choosing the right executor can prevent any inheritance troubles
Jun 2025
A recent court case in Swansea has highlighted the painful consequences of inheritance fraud – which brought home a really important message to make sure you are more than cautious when it comes to choosing the right executor.
Get your plans in action this Dementia Action Week
May 2025
This week was Dementia Action Week – highlighting the need for better understanding, support, and care for those living with dementia and their families. So, what better time than to start thinking about those all-important documents?
Am I “too worried” about Dad?
May 2025
My dad is becoming frail and my sister-in-law has suddenly become all too present in his life - so why am I worried?
Dementia and the importance of planning ahead
May 2025
With almost a million people living with dementia in the UK, the emotional and practical challenges the condition brings are being felt by families every single day.
Liam Payne's death without a will highlights the importance of estate planning
May 2025
The sudden death of boyband star Liam Payne at just 31 years old, shocked the world. But beyond the headlines, his passing has triggered significant legal and emotional repercussions for those he left behind - because he died without making a will.
Key takeaways from the Spring Statement 2025
Mar 2025
Chancellor Rachel Reeves delivered the latest Spring Statement yesterday, outlining plans for the economy with a focus on welfare reforms, defence spending, and public sector cuts.
Here’s a breakdown of the key announcements:
The costly mistakes made in will writing
Mar 2025
When it comes to writing a will, even the smallest mistake can have devastating consequences – as several charities found out recently when they lost out of a share of £1 million.
Debate on assisted dying continues - but some things remain certain
Feb 2025
The debate surrounding assisted dying in the UK continues to evolve, with significant developments in recent months. However, there is one certainty that remains - we are all vulnerable to illness and the potential loss of capacity and there are things we can do to make sure our wishes are respected.
Three ways to reduce your Inheritance Tax bill – and avoid family drama
Feb 2025
Inheritance Tax (IHT) is often an unwelcome surprise for families, not least because this is due to be paid at a time when emotions are running high - which is a perfect recipe for family disagreements. So, I thought I would write down three pieces of advice to help reduce both your IHT bill and potential family disputes:
Why solicitors remain vital in the Digital LPAs process
Feb 2025
Lasting Powers of Attorney are currently done in paper format but will shortly be moving away from this to a new digital format. Digital Lasting Powers of Attorney (LPAs) will allow individuals the option to complete, sign, and register their documents online, providing an easier and more accessible method than the traditional paper process
Think a prenup isn’t worth the paper it’s written on? You might want to read this
Jan 2025
Prenups are often considered legally “flimsy” because they are not automatically enforceable in England and Wales in the event of a marriage breakdown. However, prenups have gained significant recognition in recent years - and a recent case revealed how it can be quite difficult to annul a prenup.
Is the Cost of Living Crisis making Divorce feel out of Reach?
Jan 2025
Monday 6th January, often referred to as “Divorce Day” in the UK, marks a time when many couples seek legal advice about ending their marriage. However, recent research suggests that financial pressures are causing many to put those plans on hold. According to a 2024 report by Legal and General, over 270,000 people have delayed their divorce due to the rising cost of living.
How will the Budget announcement affect employers?
Nov 2024
It was predicted that the Budget would be jam packed being the first Labour Budget in 14 years - and there was certainly plenty in store for the employment sector. Here we look at some of the key changes that were outlined and how employers might be affected.
What might be in store for next week’s Budget speech?
Oct 2024
There has been much speculation surrounding new Chancellor Rachel Reeves’ first Labour Budget in office and she has made no secret about the “difficult decisions” that will need to be made. So, what might next week’s Budget speech look like and what are the likely targets?
Think carefully before embarking on the “great giveaway”
Oct 2024
This month’s budget is hotly anticipated and there have been no secrets surrounding some of the tax raids that are potentially on the horizon. But, as speculation continues, be sure to think carefully if you’re planning to pass on cash or property.
It’s time to take action – the new duty on employers to prevent sexual harassment
Oct 2024
It seems in recent years, unfortunately, that we have never been far from the next high profile case involving allegations of sexual abuse in the workplace. Last month allegations of widespread historical sexual abuse of female workers at Harrods by its former owner, Mohamed al Fayed, came to light during a BBC investigation. A year ago the fast food giant McDonald’s admitted it was receiving up to two sexual harassment claims every week.
One in five weddings now start with a prenup
Sep 2024
New research has revealed more couples than ever are opting to sign agreements before getting married. But why?
Q&A: Is £200,000 enough to retire on?
Aug 2024
I had a health scare last year and while I'm fit and well now, it got me thinking about the future and I want to spend more of my time doing the things I enjoy with the people I love.
I've worked all my life and paid into a pension that is now worth around £200,000. Even though I have paid off my mortgage, I'm worried this isn't enough to live on if I retire. Is there a "magic number" we should all be aiming for, or will we all be working forever?
I've worked all my life and paid into a pension that is now worth around £200,000. Even though I have paid off my mortgage, I'm worried this isn't enough to live on if I retire. Is there a "magic number" we should all be aiming for, or will we all be working forever?
Q&A: Can I ask my employer to go home if office temperatures are too high?
Aug 2024
I work in an old office building that has no air con and the open windows offer very little in the way of relief. One of my colleagues told me that they are aware of a legal obligation, that our employer has to allow us to go home if it is too hot to work.
Is this true? What are my rights and can I make a request to my employer that I can go home if temperatures get too high?
The text message that prevented a family from inheriting £3 million
Jul 2024
The High Court has ruled that a text message from an individual outlining his wishes for his £3m fortune just hours before his death is legitimate.
Direct vs indirect discrimination: do you know the difference?
May 2024
Seasonal hiring has begun and if you are one of the 1 million odd recruiters making plans to hire this summer make sure your well-meant job advertisement doesn’t land you in hot water.
Changes to UK Company Law: The Economic Crime and Corporate Transparency Act 2023
May 2024
The Economic Crime and Corporate Transparency Act 2023 (the Act) received royal assent on 26 October 2023, ushering in significant changes to UK company law and administration. Discover how these new measures will affect you and your company as we delve into the details of the changes.
“I don’t need a Lasting Power of Attorney because…”
May 2024
Starting a sentence with these words fill me with dread. It amazes me that there are so many common misconceptions surrounding later life planning, we’d rather avoid it altogether than prepare correctly for it.
Here are some of the reasons why people have told me they don’t think they need a Lasting Power of Attorney (LPA) over the past few months – and an explanation as to why you still do need one!
Employment law updates - 6 April 2024
Apr 2024
As of 6 April 2024, employers must comply with some family-focussed changes to Employment law in the form of four key pieces of legislation.
All change! Non-domiciled tax rules- a budget update
Mar 2024
As foreseen before Wednesday’s budget, the Chancellor announced sweeping changes to the way non-UK domiciliaries are to be taxed from 6 April 2025.
HMRC fees are increasing – here’s what you need to know
Mar 2024
From 1 May 2024 HMRC will be increasing company information and registration fees. This follows the recently implemented Economic Crime and Corporate Transparency Act (ECCTA), which aims to improve the quality of data on HMRC’s registers.
Highlights from the Budget speech
Mar 2024
The Chancellor Jeremy Hunt has given his latest Budget and outline of spending. It is expected to be the last Budget speech before the next general election this year.
Corporate & Commercial Employment Residential Property & Conveyancing
Don’t leave a “Purple Haze” around your will
Feb 2024
We might have more in common with the rockstar electric guitar legend Jimi Hendrix than we might think. I am not talking about growing an impressive head of hair or going for a reverberating solo – unless you’re lucky enough to have both of those abilities – rather Jimi Hendrix was one of millions who died without a will.
Menopause and the law: employers need to start making changes – or face more women leaving the workforce
Feb 2024
Workplaces must now be seen to be making “reasonable adjustments” for women experiencing menopausal symptoms or face the possibility of being sued, under new guidance released by the Equality and Human Rights Commission (EHRC).
When can you turn down a job offer in a redundancy situation?
Feb 2024
When there are proposed redundancies, your employer should commence individual consultation meetings with those affected. During the consultation process, they should consider suggestions on ways to avoid the redundancies, and look for suitable alternative employment options.
The Bank of Mum and Dad is so easy to contact – even by fraudsters
Feb 2024
It seems banks can’t win. They are either too cautious or they are simply not doing enough – but we were actually quite pleased to hear how one banking institution stepped in just in time to protect one man’s money from fraudsters.
How can I start "that" conversation?
Feb 2024
My parents aren't getting any younger, yet they refuse to talk about their plans for later life. How can I get them to open up?
When my grandparents died, I was about 15 at the time, but I remember it being chaotic. My parents had an awful time accessing documents, calling round the family and dividing up the assets. It caused them to have a burst of "we won't be like this when we die" and as a teenager I ignored them and probably went back to playing my Gameboy.
Are changes on the horizon for the housing market in 2024?
Feb 2024
After a stagnant couple of years due to rising inflation, cost of living and political unrest, the property market could finally be on the mend – or so it seems.
Rightmove released a report that highlighted an upward trend for the property market.
The number of new properties going up for sale is 15% higher than a year ago, with growth strongest in London and the North East of England, and the number of enquiries to estate agents were up 5% year-on-year in the first week of January.
Q&A: I am worried about my dad’s new partner. What can I do?
Jan 2024
My 70-year-old father is widowed and met a new woman while on a cruise in 2017. Following a whirlwind romance, my dad sold our family home and bought a new one closer to where this woman lived over 100 miles away.
Not only is he now further away from us physically, I am worried dad’s new partner is trying to drive a wedge between us mentally too. Once I was on the phone to my dad and in the background, I heard her say he didn’t love me, to which he replied “of course I do, she is my daughter”.
It's Divorce Day
Jan 2024
Today marks another year of “Divorce Day” and while it may not seem like a celebration, many couples see it as an opportunity to start a new life with the new year.
Christmas conversations have gone cold turkey
Jan 2024
While not the cheeriest of topics for the festive season, too many families delay “those conversations” about the future - and it is only when we are all sat together around the dinner table that they tend to happen.
Waiting for a windfall? It might not be a breeze after all
Dec 2023
According to a recent survey of 9,000 people, the average that they expected to inherit was £110,000 – but actually they only ended up receiving half as much.
Digital LPAs are here - but watch out for safeguarding
Dec 2023
There have been calls for a long time to overhaul the outdated system for registering Lasting Powers of Attorney (LPAs). Now with the arrival of the digital system, we welcome the modernisation of the system - but some concerns remain about accessibility and safeguarding.
‘Tis the season… to separate
Dec 2023
It’s that time of year again and for many it is a time for celebration, rest and reflection – but for us in the legal profession, it’s the start of “separation season”.
Don’t gift yourself a festive faux pas!
Nov 2023
The “work do”, “office Christmas party”, “a get-together for a few drinks”. Whatever you like to call it, if you’re not careful, the one outcome could be more than a sore head!
Autumn Statement: Key points at a glance
Nov 2023
The Chancellor Jeremy Hunt has delivered his highly anticipated Autumn Statement speech, setting out spending plans for the year ahead. As the cost of living crisis continues to take hold, many households were wondering how their budgets would be affected by the Chancellor’s measures.
How can I protect dad’s money?
Nov 2023
Q: My dad recently moved into a residential home to get full time care. How can I make sure I get the most from any money used to fund it?
Why am I doing the job of my deceased partner’s bank?
Nov 2023
Q: My civil partner died and his bank account was closed - why am I having to chase up his money?
After a short illness, I lost my civil partner, Rob, last August. I sent the death certificate to his bank, which froze and then finally closed his account with them. We are theatre lovers and so had several tickets booked over the next 18 months. I managed to secure a cancellation and a refund, however, as they were bought using my partner’s bank card, the money was returned to the closed account.
Did you know there is a 20+ week wait to register a Lasting Power of Attorney?
Oct 2023
It’s very difficult to consider planning the end of your life when you’re fit and healthy, but sadly, we often don’t know what’s around the corner - and if you or a loved one were to suddenly become ill, how would you make sure your bills were paid, and how your other financial matters are dealt with?
Q&A: If my son buys half of my house, will he pay IHT?
Aug 2023
My son and I both live in the house that I purchased many years ago when I had a young family.
At the time I was married to my husband who has since passed away and my son grew up here. When my son’s marriage broke down a few years ago, he came back to live with me. I’m not getting any younger, so we recently agreed that he would take over 50% of the property.
No one needs a tax bill as a housewarming gift
Aug 2023
The Bank of Mum and Dad helps get thousands of people on to the property ladder every year, but if you plan to give your children a cash gift, you will also need to consider the tax man if you want to avoid paying a bill later on.
Remember there's no such thing as a "quickie divorce"
Jul 2023
Companies promising to offer a super-fast separation from your spouse will soon be under investigation - and it's about time too!
Will writing services and probate plans are also under the cosh as they face complaints for poor service and pressured selling.
The 3 myths that could be costing you a large Inheritance Tax bill
Jul 2023
As the saying goes, death and taxes are the only certainties in life, so why are we still struggling to plan for them? Especially when combined they can make for one of the costliest of pitfalls.
There needs to be more “awkward” conversations among blended families
Jul 2023
Most of us have good parent-child relationships, but for some reason death and money are still the elephant in the room - even though they are probably the most important conversations we need to be having.
Not all doom and gloom in the housing market?
Jul 2023
The Halifax House Price Index has been released for the month of June - however it has revealed a few surprising stats.
Q&A: Have I set up my children for a tax double-whammy?
Jul 2023
A few years ago I gifted my children my house - but now I’m worried I may be leaving them with a large tax bill.
I’m in my 70s and I live alone as my husband passed away in 2015. Shortly after, I decided to gift my house to my children for two reasons. First, I wanted them to benefit from my assets on my passing away, but I also wanted to protect them from paying Inheritance Tax.
Is your equity release plan stopping you from leaving an inheritance?
Jul 2023
When we retire, many of us want to use some of the cash tied up in our home to enjoy life. Whether it’s going on that once-in-a-lifetime holiday or helping family members with a step onto the housing ladder, our reasons for using equity release are varied - but you might also want to watch out if you want to leave an inheritance.
Dispelling the myths of cohabiting
Jul 2023
It’s a very common misunderstanding that couples that are unmarried have similar rights to those who aren’t - but it’s worth seeking advice on that, particularly if you’re later on in life.
Did video kill the radio star and will AI kill the “human”?
Jun 2023
We have all heard that catchy earworm from the 70’s hit by the Buggles that “video killed the radio star”. Since its release, technology has evolved dramatically to the point where there are now concerns that humans may be replaced in their jobs by computers, but can things be superseded so easily?
General tips for Employers - The Redundancy process
Jun 2023
As a result of the challenging economic climate, many employers are embarking on restructuring and redundancy exercises. Does this apply to you? Perhaps you are closing your business, closing a workplace or there is a reduction in the need for particular employees.
Wills and blended families: is there a perfect recipe?
Jun 2023
It’s true you can't please everyone, but it’s even more difficult for blended families - so when it comes to planning your will, how can you make sure everyone is happy?
Liabilities of a Director
Jun 2023
There are many different situations in which a director can be personally liable under English law. This can be personal liability due to actions relating to health and safety, consumer protection, environmental, employment and bribery/anti-corruption. Personal liability can also arise in insolvency situations when the directors knowingly or negligently allow the company to carry on trading. This is known as fraudulent or wrongful trading.
ACAS launches new mental health guidance for the workplace
May 2023
Employers are being urged to familiar themselves with new mental health guidance released by ACAS for better wellbeing at work.
Have you overpaid your inheritance tax bill?
May 2023
Probate is complicated and because of the associated costs it can be tempting to try and do it yourself. However, we find in most cases, people pay too much tax because they are not claiming the reliefs available to them.
A widow wins £1m after being disinherited from her husband's will
May 2023
We wrote in a blog previously that while technically there is nothing illegal with leaving family members out of a will, but it's certainly a difficult moral dilemma.
Usually, we hear about family members being disinherited after a family feud, but in this latest case, Mr Karnail Singh, who passed away in 2021, expressed a wish in his will to leave his estate entirely to the male line.
Did video kill the radio star and will AI kill the “human”?
May 2023
We have all heard that catchy earworm from the 70’s hit by the Buggles that “video killed the radio star”. Since its release, technology has evolved dramatically to the point where there are now concerns that humans may be replaced in their jobs by computers, but can things be superseded so easily?
Let's talk about Menopause in the work place - Interview with GWR (Great Western railway)
May 2023
In June 2022, the Employment Team at Downs Solicitors LLP, held a webinar discussing menopause in the workplace and emphasised that it was something that needed further recognition amongst employees and employers. If issues or concerns are not addressed in the right way, some instances could lead to an Employment Tribunal case.
Things I wish I knew before I... Got a pre-nup
May 2023
Prenuptial agreements, or pre-nups, have been increasing in popularity over recent years, but what’s the reason for the increase in popularity.
Reasons why writing a will is the best pain relief
May 2023
Here at Down’s we’re strong advocates for will writing - it’s probably one of the most important documents you’ll ever need, yet less than half of all UK adults actually have one. But why? Yes, none of us actually like to talk about death, but if you don’t have a will, you’re just creating unwarranted issues for your friends and family - and here’s just a few reasons why.
Business insolvencies hit record highs
Apr 2023
The number of businesses going into liquidation has been climbing steadily since late 2022 and have hit record high levels this year – even more so than during the pandemic. But, what is it that is driving this rise in insolvency?
Non-competition restrictions in employment contracts
Apr 2023
It is common to see employment contracts containing standard form non-compete clauses lasting for say 12 months after the employment ends – i.e. provisions aimed purely at preventing employees, after termination, from working for any competing business. Restrictions expressed in this general way are always likely to be unenforceable.
Radio 4 presenter's diagnosis a reminder to get affairs in order
Apr 2023
BBC presenter and much-loved voice of Radio 4, Susan Rae, has just gone public with her Alzheimer's diagnosis - and with it the stark reminder came through of the importance of planning for later life.
Post-nuptial agreements are gaining in popularity
Apr 2023
We’ve all probably heard of a pre-nuptial agreement, but what about the lesser-known post-nup? What exactly is it and why are more people looking to write them?
Employers - are you aware of changes starting in April?
Apr 2023
It’s going to be a busy year in the world of employment law, as several significant changes come into play from 6th April this year, affecting things like maternity pay, sick leave and redundancies, so make sure you’re aware of the new rules.
Menopause in the workplace: Interview with GWR
Mar 2023
In June 2022, the Employment Team at Downs Solicitors LLP, held a webinar discussing menopause in the workplace and emphasised that it was something that needed further recognition amongst employees and employers. If issues or concerns are not addressed in the right way, some instances could lead to an Employment Tribunal case
Q&A: Why are we waiting?
Mar 2023
I recently lost my father after a short battle with cancer. He was my mother’s full time carer, she has very advanced Alzheimer’s. Both my parents' wills and Lasting Powers of Attorney are straight forward, which offered some relief after an emotional few months. However, while some organisations are working seamlessly with us, others are making it much more difficult - like my mother’s bank. So far it has taken us more than six months to get them to recognise my mother’s LPA. Why is it taking so long? The stress is really taking its toll on my family.
Can I leave my pet in a will?
Mar 2023
Q: I am in my late 70s and own a dog. I am worried about what will happen to her if I’m not around to look after her - what can I do?
I’ve had my faithful Labrador for around 8 years now and I got her after my lovely wife died. In the last year or so I’ve noticed my health deteriorating. If I had to go into hospital, how can I make sure she is looked after? Also, if I were to pass away, what will happen to her? In other words, can I include my beloved pet Labrador in my will?
Spring budget summary - at a glance
Mar 2023
Yesterday (15th March 2023), Chancellor Jeremy Hunt unveiled his first Budget in the wake of rising energy bills and a cost of living crisis.
The energy bills that are driving businesses towards insolvency
Feb 2023
The rising cost of living is never far from the headlines, but if your livelihood is at stake then you’re probably more worried than most.
As the temperatures drop and cost of heat increases are you looking after your loved ones?
Feb 2023
According to a recent report by the BBC, 10 degrees is the average temperature they will be living in if they cannot afford to heat their homes. Not only does this make for an unpleasant environment, it can also have a dramatic effect on our bodies as we age - worse if you are elderly or vulnerable too.
Make sure you’re not paying a “pensioner premium”
Feb 2023
It occurred to me during a conversation with a client recently that it’s not just elderly or vulnerable people that can struggle to keep up with day to day tasks. With increasing developments in technology it’s easier for some of us to keep pace - but what about those who can’t and why are they being punished?
Do I have to pay my Bounce Back Loan if my business goes bust?
Feb 2023
I own a hospitality business and during the Covid 19 pandemic, we lost several large clients which left us struggling to stay afloat. I applied for a Bounce Back Loan, which offered no repayment and no interest for 12 months, with a low APR following that term.
Firing and Re-Hiring – Consultation Document
Feb 2023
The government has published for consultation a draft Code of Practice, prepared by ACAS, relating to the circumstances in which an employer contemplates dismissing employees and offering to re-engage them (or new replacement employees) on different contractual terms.
Capital gains tax rules are changing - now’s the time to revisit your will or LPA
Jan 2023
It’s a new year which for many is a cause for celebration - so it’s no wonder the topics of death and taxes are taking a back seat. But, it’s more important than ever that we’re having those conversations, because the new year could be the perfect time to get planning too.
Happy Divorce Day
Jan 2023
It may sound like a very sombre “celebration” but these days, many people are so relieved that the long, emotional and expensive process is finally over that their Decree Absolute is a cause for celebration - you can even buy “congratulations on your divorce” cards in the shops.
Too many people are finding out about LPAs when it is too late – but Deputyship might be the answer
Dec 2022
For many years now, anyone mentally capable of creating a Lasting Power of Attorney (LPA) has had the option to create two types. One is over financial matters and the other is over ‘Health and Welfare’ decisions, but, did you know you can only draft an LPA if you are of sound mind – and what do you do if it’s too late?
New Court of Protection Pilot makes probate look more promising
Dec 2022
It’s no secret that probate is nothing short of a headache. Long delays were already the precedent and then covid came along and added to the problem - but could the answer lie in a new pilot scheme?
Registered LPAs are still not back at pre-pandemic levels
Nov 2022
We’ve always been champions of the Lasting Powers of Attorney (LPA) document and we all know it’s best to plan ahead. But, it looks as though we’re still not back to where we were pre-Covid for getting them registered.
Autumn Statement: At a Glance
Nov 2022
Jeremy Hunt, has delivered his first Autumn Statement speech as Chancellor of the Exchequer. It was a highly-anticipated speech that was forecast to announce a range of tax increases that would tighten the belt of the country’s finances.
Whatsapp "Mum and Dad scam" on the rise
Nov 2022
Technology moves along so quickly, but scammers are always ready to stay one step ahead - and even for the savviest of us, it’s a constant battle to stay on your guard. But, for those who are more vulnerable, it’s so important that we protect them from fraudsters.
Ways for private limited company owners to exit their business
Oct 2022
Exiting your business is a huge decision and the way in which you do so is equally important. Deciding which method of exit will depend on a number of factors and qualified advice should always be sought in advance.
BeReal - employees need to be on their guard
Oct 2022
Despite ongoing efforts, data breaches are still far too common, particularly as the world becomes geared up towards digital alternatives - and social media is constantly under the spotlight. As large pools of people rush to put sensitive information online, can we really say we're doing all we can to protect ourselves and what are social platforms doing to help?
Attorneys: Be on your guard against rogue funeral planners!
Oct 2022
For a long time, we’ve been speaking out again rogue funeral planners and when the news finally broke that the law would be changed to regulate firms offering pre-paid funeral plans in July 2022 we were overjoyed. But, it appears there are still stories coming out of the woodwork - and if you are acting for a vulnerable adult as their attorney under a registered financial Lasting Power of Attorney you need to be extra vigilant and check any paperwork relating to a pre-paid funeral plan.
Today’s mini-budget summary
Sep 2022
The Chancellor’s mini-budget statement has been highly anticipated as people await to see how Kwasi Kwarteng’s first-ever budget speech will help ease the burden of the cost of living crisis.
Corporate & Commercial Employment Residential Property & Conveyancing
It's time to cry over spilt milk... or gin
Sep 2022
I recently came across an article about a missing bottle of gin that had left a bit of a hangover on an online shopping experience - but the "undiluted" message came across to me loud and clear: many companies are still just not geared up towards more vulnerable people in society - and it's about time we did something about it.
Could I move in with my parents to save IHT?
Aug 2022
I have recently gone through a divorce, so my parents have offered for me to move back into the family home with them. It's my childhood home; they've lived there for about 40 years and they are now in their 80s - so the home could do with a little renovation.
Can I bury mum at home?
Aug 2022
My elderly mother has just expressed a wish that upon her death, she would like to be buried in the garden at her home.
She lived there as a child and later inherited the property to live in herself. She raised three children, including me, in that house and, apart from perhaps 10 years or so when she moved in with my father after they got married, has always lived there - and we certainly have many fond memories of the house.
Can my mother actually be buried at home and what are the legal implications of this?
Online-only bank? Check your LPA
Aug 2022
It seems as though “challenger banks” are everywhere at the moment. Not only are they breaking the mould of traditional high street banking, they are luring in customers with very attractive interest rates. Their strategy seems to be paying off, as people join in their droves - and if you are one of them, take care with any legal documentation.
The Register of Overseas Entities
Jul 2022
The Economic Crime (Transparency and Enforcement) Act (‘the Act’) became law on 15 March 2022. Its primary purpose is to crack down on tax fraud and money laundering that involves UK property by making it harder for criminals to hide behind shell companies and to make it easier to seize properties that have been purchased illegally.
Part Time Workers and Holiday Pay
Jul 2022
A decision of the Supreme Court issued on 20 July 2022 has attracted a lot of publicity.
Contrary to the impression given by some of the coverage, the key issue in the case was the amount of holiday pay which should be paid to a worker who only works on certain weeks of the year.
The pandemic's positive impact on wills
Jul 2022
It might seem odd to think that Covid-19 could bring us any positives. But, as well as working more flexibly and appreciating our freedom, the pandemic also kick-started many of us into thinking about the future.
How the pandemic has changed our attitudes towards wills - perhaps forever
Jun 2022
We've long been urging people to make sure their wills are up to date - especially if you have remarried or you've had more children. We've seen all too many times how dying without a will can lead to heartbreak and it seems the pandemic has changed the way we think about wills - and it's about time!
Have you had your working from home request refused?
Jun 2022
According to a study from the Trade Union Congress (TUC) many workplaces are now viewing remote or hybrid working as permanent fixtures. While homeworking is not a given if requested, employers should give a good reason if they refuse it.
Menopause discrimination cases are on the rise - it’s time to act
Jun 2022
Employment tribunals involving menopause increased by 44% in 2021, as women claim their employers are not taking reasonable enough measures to support them. Now is the time for employers to act and start implementing guidance for women, but also raise awareness in the workplace in general.
Should I downsize with my daughter?
May 2022
Q: I’d like to help my daughter onto the property ladder. I want to downsize. Is it a win-win?
I’m in my late 60s and paid off my mortgage a long time ago on the family home I’ve lived in for 40 years. I’m looking to downsize and by doing so, I wanted to offer my daughter some money from the sale of my home to purchase her own - she is currently renting with her husband and two children and is struggling to get on the housing ladder.
She then suggested that we used the money to purchase a bigger house, so that I might live with her and her family. I am on my own now my husband has passed so it would be great company for me. Plus, as I get older, she will be closer by to help out.
It seems like the perfect solution, but are there any pitfalls to downsizing and living with my daughter?
Save yourself the heartache of a homemade will
May 2022
Yet another case hits the headlines of how homemade wills have fallen foul of the law - and another reminder as to why it’s always best to seek advice from professionals.
It's time for a culture change this mental health week
May 2022
From 9th - 15th May it is Mental Health Week, so there's never been a better time to think about the wellbeing of others. With 1 in 4 people experiencing a mental health problem each year in England, it's important that discussions continue to open up - especially when it comes to tackling issues relating to mental health at work.
The Queen’s Speech – at a glance
May 2022
Today was the day of the Queen's Speech - an event that forms part of the State Opening of Parliament ceremony and sets out new laws. Usually, the speech is delivered by the Queen herself, but for the first time since 1963, she did not attend due to health reasons. Instead, the speech was delivered by Prince Charles, who highlighted some of the 38 laws ministers intend to pass in the coming year.
Hot Desking Policy - What you need to know
May 2022
This Hot Desking Policy outlines guidelines for allocating working spaces among employees on an ad hoc and temporary basis. As a company, by hot desking we are able to save space and costs when employees use desks at different times, depending on their working pattern. The company has established guidelines set out in this policy to ensure that hot desking, or desk sharing, works efficiently.
Criminals are cashing in - protect vulnerable loved ones with an LPA
Apr 2022
The battle against Covid-19 rages on, but there is a new pandemic rising from the flames - a lesson in how to be more vigilant.
Can I retrospectively claim IHT relief on my parents’ estate?
Apr 2022
Q: I read that it was possible for spouses to transfer an inheritance tax (IHT) allowance but when my father passed in June 2000, leaving his estate to my mother, she did not use my father’s nil-rate band. When she passed in 2006, my siblings and I then had to pay tens of thousands of pounds in IHT on her estate. Is it possible to reclaim this money?
COVID – 19 in the workplace
Apr 2022
New guidance recently issued by HSE, UKHSA and the ICO signals a relaxation of COVID -19 restrictions with the workplace going through a transition process to return it to pre-pandemic times. However, whilst most will be relieved to see life return to something close to “normal”, the risk of infection has not completely vanished, which means that everyone shares some responsibility to reduce the risk of spreading infections. Under the new advice, COVID-19’s significance is downgraded. The new goal is to reduce the spread of any respiratory infection, which includes COVID -19.
Performance Development Reviews – Key Points for Employers
Apr 2022
Every year, companies have the arduous task of carrying out performance development reviews for the staff.
The process is often incredibly stressful for both managers and their employees by adding another task on their “to-do” list, but the Performance Development Review should be seen as a highly rewarding interaction by both.
Performance Development Reviews are there to provide the opportunity to reflect upon an employee’s overall performance against their individual development plan agreed at the previous review.
Here are some questions employers should consider to facilitate a more engaging, effective, and beneficial performance development review process for all involved.
Employment Law Changes April 2022
Apr 2022
We take a look at the Employment Law Changes that come into force on 1 April 2022.
Planning ahead will be the only cure to future heartache
Mar 2022
According to a recent story by the BBC experts have predicted 153 million people across the globe will have dementia by the year 2050. While that may feel a long way off, it’s actually the perfect time to be thinking about planning ahead.
It’s Update Your Will Week
Mar 2022
The Solicitors for the Elderly (SFE) has launched its first-ever Update Your Will Week - and we’re very much behind the campaign.
From Monday 28th March until Friday 1st April, the SFE is urging everyone to consider drafting or updating their wills as a way of encouraging us all to plan for the future - and for very good reason.
How did the Spring Statement affect the employment sector?
Mar 2022
The Spring Statement that is fast becoming known as the “is that it?” statement certainly could have been worse. But, the tone was set right at the start as Chancellor Rishi Sunak reminded us of the grim backdrop of the war in Ukraine in amongst a slower-than-planned recovery post-pandemic. While many said not enough was done to help struggling families, businesses too look to be baring an ongoing struggle.
Spring Statement is the chance for Sunak to step up
Mar 2022
The country really is in quite a predicament. The cost of living is skyrocketing, taxes have been raised to their highest point in 70 years, thousands of pounds are being added to heating bills and more people than ever are facing the choice between eating and heating.
Video link witness signature laws extended until January 2024
Mar 2022
There were not many good things to come out of the pandemic, but for us as professionals, we saw people really thinking about their future - and it seems to have sparked a revolution at government level too, where centuries-old laws are finally being reformed.
No fault divorce law is on the way
Mar 2022
Next month marks the start of one of the biggest reforms of divorce law in 50 years as "no fault" divorce will take effect in England and Wales.
Hybrid Working – Key points for Employers
Mar 2022
Since the Coronavirus pandemic struck and the recovery began, it has become commonplace to allow employees to split their working time between their “normal” workplace i.e., the office and an agreed remote working location, normally their home. Specific arrangements will differ depending on the nature of an employee’s role and their duties.
What does “Living With Covid” mean for employers?
Feb 2022
The Government has now released plans as to how society needs to move forward from the Covid-19 pandemic, including the relaxation of isolation rules and charging for covid testing. But what will it mean for employers?
Company Directors: The Problems caused by Informality and Lack of Records
Feb 2022
A recent case in the Employment Appeal Tribunal illustrates the type of dispute that is so often seen within small companies, frequently but not always family-owned ones. Such disputes occur where there is a complete lack of documentation recording the nature of the relationship between the directors and the company.
New proposals could allow more leaseholders to own the buildings they live in
Feb 2022
The Government has unveiled radical new plans to allow more leaseholders to own their buildings. It comes after several measures to approach building safety following the cladding crisis - which has left many leaseholders in the lurch.
Employers: Batten down the hatches to weather the storm of change
Feb 2022
This week, the government surprised us with new announcements relating to the relaxation of Covid-19 restrictions that have proved to be controversial amongst the general public. For employers, the priority now is to arm yourself with all the correct information and plan for the future.
High Court Injunction prevents Tesco from “firing and re-hiring”
Feb 2022
In a judgment published yesterday the High Court granted an injunction to the USDAW trade union acting on behalf of Tesco workers.
Vaccination status controversy reaches new levels after JLP says it will pay staff regardless
Jan 2022
As Plan B restrictions lift in the UK once again, there’s been a few headlines surfacing about how employers are treating unvaccinated staff - and it’s a bit of a legal minefield.
Menopause and the workplace: Updated guidance is on the way
Jan 2022
In a world where we are increasingly aware of our health and safety, where covid has taught us to look after ourselves and others, it feels like now is the right time to be turning our attention to something that is long overdue - how do you manage staff sickness for menopause symptoms?
Holiday Entitlement and Holiday Pay – Key points for Employers
Jan 2022
Holiday entitlement and pay is a notoriously difficult area for HR practitioners. Typical challenges include calculating holiday entitlement for casual or zero hours workers, accounting for bank holidays for part-time staff and trying to keep up with the constantly evolving case law regarding what aspects of employee remuneration are deemed “normal pay” and therefore must be included in holiday pay. We summarise the main questions and answers below. However, legal advice should always be taken on a specific scenario. The below should only be treated as guidance.
Why we need the care sector equivalent of TripAdvisor
Jan 2022
Choosing care homes is stressful enough. Worrying about how loved ones will be looked after and if they’ll be happy there are all emotional and difficult decisions. However, it’s made worse by the complicated rules surrounding care - and how there only seems to be a bare minimum set of standards.
Grievance Procedure – Key points for Employers
Jan 2022
Most employee grievances can be resolved quickly and informally through discussions between the employee and a manager. Where that doesn’t work, the employee may raise a formal grievance and employers should have a written grievance procedure in place that explains what happens and which staff know about.
IKEA cuts sick pay for unvaccinated staff who are self-isolating due to Covid exposure
Jan 2022
A significant social media backlash followed the announcement by IKEA that only staff fully vaccinated against Covid-19, or those who have mitigating circumstances, will receive enhanced company sick pay in the future when self-isolating due to Covid-19 exposure
The beginning of the end for rogue funeral planners
Jan 2022
Pre-paid funeral plans are designed to allow anyone eligible to make provisions for their own or someone else's funeral. However, they’ve been heavily scrutinised due to their lack of regulation - but that is all about to change.
Dying without a will only leaves behind a ticking relationship timebomb
Jan 2022
While many of us are so busy “seizing the day” or “living for the moment”, it’s easy to see how planning for the end of your life can seem like an unwelcome guest at a party - but in my line of work I’ve seen time and time again the damage it can do.
Disciplinary Procedure – Key points for Employers
Jan 2022
A Disciplinary Procedure is a framework for managers to use to maintain satisfactory standards of conduct and, where necessary, encourage improvement and/or issue formal warnings
It's Divorce Day, but is a separation decline on the cards?
Jan 2022
It seems to come round quickly every year, but even though today is National Divorce Day, the reality is that divorce is actually on the decline - and the UK is leading the way.
Are you breaching Data Protection Laws and GDPR with your video doorbell?
Jan 2022
We can see the increase in popular home CCTV devices through the likes of “Ring Doorbell” and “Google Nest” as homeowners wish to protect their properties. However, individuals with such devices must be cautious as the recent case of Fairhurst v Woodard [2021] 10 WLUK
151 passed judgement that the Defendant, Mr Woodard had breached both the UK Data Protection Act 2018 (DPA) and General Data Protection Regulation 2016 (GDPR) through the use of his home video surveillance.
Can staff who are afraid of catching Covid-19 refuse to return to work in the office?
Jan 2022
Is fear of Covid -19 a protected belief under the Equality Act 2010?
The Manchester Employment Tribunal has recently held that employees cannot use a fear of catching Covid-19 as a reason not to return to working from the office on grounds that it is a philosophical belief protected by the Equality Act.
Long-awaited new government white paper finally set out 10-year vision - but there is still some way to go
Jan 2022
Following the Prime Minister’s announcements about the social care cap, the government published its first white paper on Wednesday 1st December, outlining its vision for the future. But, was it worth the wait?
Sunak support provides welcome boost to hospitality
Dec 2021
The Chancellor has revealed a package of support worth £1bn to help fund businesses hit by the latest rise in Covid-19 cases.
Sick Absence and Fit Notes: Temporary New Rules
Dec 2021
Some temporary regulations affecting sick absence were published on 16 December 2021 and came into force on 17 December 2021.
Can my employer refuse my request for Christmas holiday?
Dec 2021
My employer has just declined my leave request for some time off over Christmas. The reason they gave was that others had already put their requests in before me and that it would leave them short staffed. I feel this is unfair as I only joined the company recently - is their refusal legal?
‘Tis the season – for a sickie?
Dec 2021
Yes, it’s that time of year again; the flu season. Add the Covid-19 virus into the mix and employers can soon find themselves in the middle of a “sickie” epidemic. But what can you do if you think your employees are just in need of a duvet day?
What do the government restrictions mean for employers and employees? Can your Christmas parties still go ahead?
Dec 2021
Further to the arrival of the new Omicron variant of Covid-19, which is said to be "spreading faster than Delta”, Boris Johnson has re-introduced restrictions saying, “It’s now the proportionate and the responsible thing to move to Plan B.”
When inheritance goes beyond sibling rivalry
Dec 2021
Families. We love them dearly - most of the time. But, we’ve seen for ourselves the trials and tribulations of family relationships and written many blogs about unfair inheritance and leaving children out of your will. But, your question is unfortunately one of many - and the sign of a new phenomenon rising through the ranks.
Stamp Duty Holiday has finished, so why are house prices still climbing?
Nov 2021
According to recent figures by HMRC, there was a 25% increase in Stamp Duty receipts in the six months from April - October 2021, compared to the same period in 2019. While the flurry of activity in the market boosted the average house price in the UK, many were surprised that once the Stamp Duty holiday came to an end, prices didn't come down with it - but why?
If the Chancellor takes your pension pot for IHT you might want to stay one step ahead
Nov 2021
It’s fair to say expectations of anything less than doom and gloom from last month’s Budget were pretty standard as we recover from the economic blow that was Covid-19 - and it seems even if you die you have not escaped the Chancellor's notice for an opportunity for taxation.
Sign a digital LPA - and save yourself 20 weeks!
Nov 2021
If you’re about to draft a Lasting Powers of Attorney (LPA) document, you might be in luck - as the process to sign paperwork and make things official could be about to get easier.
If you’ve had a couple of marriages, you might want to check your will
Nov 2021
Posthumous fallouts don’t just sound unpleasant, but for those living through them, they can be heartbreaking to deal with, on top of losing a loved one.
What will be this year’s “rabbit out of the hat”?
Oct 2021
Never has there been more speculation around a budget statement as we emerge from Covid-19 and continue to pay for the damage it has caused to the economy. Could it be this is the end of the rabbit-out-the-hat moment, as the Chancellor Rishi Sunak looks to balance the books? Here are a few predictions from us as to what the budget may contain this Wednesday.
STEP pushes for simpler access to digital assets after death
Oct 2021
The professional body for lawyers and other practitioners who work with families, STEP, has completed a project with Queen Mary University of London, highlighting the real problems people will face if accessing digital assets isn’t made more simple.
Increase in couples signing pre-nups
Oct 2021
According to the Marriage Foundation, 20% of couples are now signing pre-nuptial agreements before tying the knot - compared to just 1.5% in the 1970s. But why?
Marrying in later life? You might want to consider the financial side.
Oct 2021
As we enjoy longer, healthier, and more active lives, many people see retirement as a chance to try something new - which is perhaps why more of us are marrying much later. But, whilst being older and wiser can bring with it more life experience when it comes to relationships, there are some financial implications to consider too.
OPG outlines plans to make LPAs “fit for the future”
Sep 2021
The Office of the Public Guardian (OPG) has released a consultation in efforts to bring the Lasting Powers of Attorney (LPA) process up to date without compromising safety.
New rules could mean requests for flexible working are granted on the first day of a new job
Sep 2021
Did you know your will becomes a public document?
Sep 2021
Prince Philip has been back in the headlines of late as the BBC airs a documentary of his life on what would have been his 100th birthday. But, the passing of Prince Philip has also brought something else to light - the privacy of documents, like wills, after probate has passed.
Skyrocketing property prices could leave you IHT “bust”
Sep 2021
The pandemic has pushed house prices up to record levels which is great news if you're in the market to sell or invest long-term. However, there is a downside if you are about to inherit property.
86% want families to make decisions, but less than half have a will and just 14% have an LPA. Why?
Sep 2021
Last year, we wrote about how there was a spike in demand for will-related services and Lasing Powers of Attorney (LPA), as Covid-19 took hold. But, what if I told you that dementia killed more women last year than Covid-19?
When is the right time to share passwords?
Aug 2021
We’ve written many blogs about the importance of getting your affairs in order for physical things, like property or cash, in the event of your death. However, we’ve also seen how digital assets are causing more and more of a headache, because quite often these are simply “forgotten”.
Q&A: Why is my inheritance being passed to creditors?
Aug 2021
A person’s debt unfortunately does not automatically get written off on their death. It could therefore be that your mother's estate becomes insolvent - if her personal liabilities exceed the value of assets. Therefore, creditors owed money can insist they are repaid, as far as funds allow. The liability does not pass to beneficiaries though, therefore creditors can only claim what funds are actually in the estate.
The battle to access Child Trust Funds continues
Aug 2021
Last year, we heard about the many thousands of disabled children who faced being “locked out” of their Child Trust Funds, because they will not be deemed to have the capacity to manage their own finances - and it seems very little has moved on.
Q&A: Can I invest on behalf of my mum?
Aug 2021
Q: My elderly mother has just gone into a nursing home. I have a financial Lasting Power of Attorney (LPA) which currently enables me to act on her behalf to look after her financial affairs. Her memory is getting worse, some dates are better than others, she is not safe though living in her home.
Q&A: Can I buy mum’s house under market value?
Jul 2021
Q: Since my father passed away two years ago, my mum has been considering downsizing to a smaller property that is more manageable for her in older age. She currently lives in a four bedroom property with a large garden in an area that my family and I are unable to afford to live in. My mum then made a very generous offer and said my wife and I could purchase her property at a significantly discounted rate, so that we could live there with our two children, but still allow her to downsize. It seems like a win-win situation, but, is there any reason why I wouldn’t be able to purchase mum’s property under market value?
A Lasting Power of Attorney could help protect the elderly and vulnerable against fraud
Jul 2021
During Covid-19, a new epidemic has started to take hold; the rise in online crime - and our elderly and vulnerable are particularly at risk.
Life after Lockdown - Returning to the office
Jul 2021
At the press conference on the 5th July, the Prime Minister announced the relaxation of the regulations on the 19th July subject to a review of the latest data on the 12th July. If the regulations are relaxed, then employees will be able to return to the office on the 19th July.
Coronavirus Update - All change for the Furlough scheme (July 2021)
Jun 2021
The Coronavirus Job Retention Scheme commenced in March 2020 and was implemented to help businesses during the pandemic. The Scheme allowed employers to place employees on furlough and only pay them 80% of their wages up to a maximum of £2500.
Could the property market be turning back to towns and cities post-pandemic?
Jun 2021
According to a recent report by Savills the UK property market could be about to turn back towards city living.
Should the bank of mum and dad consider a declaration of trust as a condition of gift?
Jun 2021
My husband and I are considering giving my son a gift of cash to buy his first house with his fiancée and her two daughters. The gift would be quite a sum and we are worried about what might happen in future if my son were to separate from his partner. Would she be able to profit from our gift and what can we do to protect it?
Q&A: Thinking of including foreign assets in your will?
Jun 2021
My sister lives in America but she was born in the UK and still has family here, as well as a property and bank account. When making her will recently, she was advised that any assets held in the UK couldn’t be included in probate there. This is a little concerning, as her pension and savings bonds are all paid into the UK bank account - I am worried these will not be covered by a will if drafted in America. My question is, should I ask her to draft a separate will using a UK lawyer to cover these assets? And, if this UK will is then witnessed and verified in America, is it still valid?
With the latest Government advice - Do I still need work from home?
Jun 2021
The Government’s roadmap identified that until England reached Step 4 of the Roadmap, employees should work from home where they can. As we are aware Step 4 has been delayed from 21stJune to 19thJuly 2021 and therefore, employers should continue with home working wherever possible until the 19thJuly.
When does £7m leave you disinherited from a will?
Jun 2021
In the past, we’ve written many blogs about the trials and tribulations surrounding wills and disinheriting direct descendants. But, what about circumstances where you chose to leave an amount which is a small slice of a large fortune - even if that slice is still worth £7m?
Who will pay my dad’s bills if he is unable to?
Jun 2021
My father has recently been diagnosed with early onset dementia. My brother and I have been very supportive, but this news has been devastating for us all. I know I need to get my dad’s affairs in order, but I’m not too sure where to start. Is it possible for him to appoint someone to make decisions on his behalf?
Q&A: Can you clear a £100,000 inheritance tax bill without selling up?
Jun 2021
My parents’ house was left to my brother and I, but due to the size of the estate we were liable to pay a hefty tax bill of over £100,000. We are unfortunately not able to pay a bill of this size through our savings and we’d ideally like to keep the house and rent it out, so we would rather not sell if we don’t have to.
Changing an employee’s terms and conditions is challenging both from a legal and trust perspective.
Jun 2021
British Gas has been in the media over recent weeks due to the “fire and rehire” approach with their employees.
Does your family know you have a will?
May 2021
According to a recent article, just two in five people are certain their parents hold a will. However, whilst the idea of talking about, or planning for death may not be a topic of choice with your children, it is important that you still have “that talk”.
Lessons learned from the SDLT cliff edge
May 2021
Earlier in the year, we wrote a blog about the thousands of people who faced missing out on the Stamp Duty holiday, resulting in an industry "cliff edge" with many sellers worried their buyers will pull out if they didn't complete in time. But, it seems since the Chancellor extended the holiday, there have been some lessons learned.
The Covid-19 effect on the bank of mum and dad - and how to plan for it
May 2021
One third of parents are now lending to children so that they can get on the housing ladder - but a worryingly high percentage are either refinancing or selling significant assets in order to do this. Planning early could not only ensure their future is safe - but yours is secure too.
Remarrying without sorting your finances could spell trouble further down the line
May 2021
Q: I am divorced but when my former spouse and I separated things were amicable and we kept financial agreements friendly as opposed to legally binding.
What are restrictive covenants and why do I need them?
May 2021
I own a start-up which grew very quickly and a few years ago I hired in a couple of senior personnel to help run the business. After 5 years, one of these senior hires is now leaving the business and going to a company which isn’t a direct competitor but operates in a very similar field.
An LPA could help protect vulnerable people against bank fraud
May 2021
Bank fraud is an increasing problem - particularly during the pandemic. It’s difficult enough to navigate new online or remote services that we’re not used to, but if you’re not of sound mind it is even harder. If you are an attorney or deputy responsible for someone who is vulnerable, there are a few things you can do to protect yourself, and them.
What type of Will is best for you
May 2021
When embarking on having a will prepared, it is tempting and understandable to say that one wants a simple will only because one’s affairs are straightforward and there is nothing that is complicated. That would certainly be the case in many cases, but that may not be the case in others.
The pension pay due to tens of thousands of women - make sure you claim what’s yours
Apr 2021
Hundreds of women on state pension living on menial amounts could be entitled to back-dated claims worth thousands, according to a recent report.
What has the pandemic done to the housing market?
Apr 2021
We've seen the numerous headlines about how the Stamp Duty holiday has spurred many people into moving house. But, it seems the benefits are more than just financial - and it seems many are trading up lifestyles as well as their homes.
Costs of care: Your questions answered
Apr 2021
We are often approached with questions relating to care and the mounting costs associated with independent living or going into a care home. We’ve addressed some of the common questions.
Do you need to offer enhanced shared parental leave pay?
Apr 2021
When shared parental leave was introduced in 2015, one of the concerns was whether an employer would need to offer enhanced shared parental leave pay if the employer provided enhanced adoption and/or maternity leave pay.
Getting a joint account with children will not get around an LPA
Apr 2021
Someone approached me recently and said they’d been thinking about some later life planning - always music to my ears. However, this individual said they didn’t feel ready for a Lasting Power of Attorney (LPA) and neither did their son, and asked if a joint bank account would instead provide an alternative solution. On the surface, this seemed acceptable, but from a legal perspective, it could prove to be a minefield.
The Universal fraudsters strike again - but it could be possible to recover assets
Mar 2021
Way back in 2018, we reported the case of Universal Wealth - a company owned by Melanie and Steve Long, who faced fraud charges after they set up a scheme designed to avoid paying care fees and simplify the administration of an estate. Instead, all it did was leave people out of pocket.
Could the UK housing market see strong growth in coming years?
Mar 2021
Property prices have continued to climb during the pandemic and many industry experts are wondering if market conditions are sustainable post-Covid. Early signs show that despite a stall in 2021, there are brighter skies ahead.
The Kate Garraway story that brought home the reality of planning ahead
Mar 2021
If you were one of many who turned in to Good Morning Britain presenter Kate Garraway's heart-breaking story about her husband's battle with Coronavirus, like me, you were probably sympathising with Kate and admiring her for her honesty. However, I think this has made us think about the need to plan ahead and about our own circumstances and how we would cope in similar circumstances.
Domestic Abuse in the Workplace
Mar 2021
The Department for Business, Energy & Industrial Strategy undertook a report into domestic abuse and the workplace. The report identified that the number of domestic abuse cases had increased during the pandemic and that 1 in 5 victims of domestic abuse had time off work. Sadly, research found that few employers were able to identify the signs of domestic abuse and/or had policies or procedures available to help support survivors.
Financial fraud is on the rise - attorneys need to be vigilant
Mar 2021
Lockdown has been hard for many, but criminals have been cashing in like never before - so now it is more important than ever to stay on our guard.
The Spring Budget 2021: A Summary
Mar 2021
As the UK eagerly tuned in to the most anticipated Budget for a generation, many were left wondering what the Chancellor’s traditional “rabbit out of a hat” might contain - especially as several big measures had been announced beforehand.
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Speculation that the Stamp Duty Land Tax holiday/reduction could be extended
Feb 2021
Ahead of next week’s Budget, it looks like the Chancellor has answered calls to extend the Stamp Duty Land Tax (SDLT) holiday deadline for three more months until the end of June, according to an interview the Times has published with Mr Sunak.
Pre-paid funeral plan sellers to face a crackdown from 2022
Feb 2021
Back in June 2018, the Government launched a call for evidence into the regulation of the pre-paid funeral market, following concerns into the risk it presents to policy holders.
The pandemic is having quite an impact on families and relationships
Feb 2021
There’s no doubt that the continuing “stay at home” orders have put a strain on relationships, but for those who are heading for divorce, the pandemic has been particularly difficult.
Uber Drivers are workers and not self-employed, Supreme Court rules
Feb 2021
19 February 2021. The UK Supreme Court has issued its judgment in the highly anticipated case of Uber BV v Aslam, in which the key issue was the employment status of Uber drivers. The ruling reinforced the findings of earlier legal challenges (most recently the Court of Appeal in 2018), which found that Uber drivers are workers and not self-employed.
Attorneys need to ensure they are acting on best interests for Covid vaccine
Feb 2021
The Covid-19 vaccine is currently being rolled out across the country, with the government identifying key vulnerability groups to vaccinate first. This includes many people who lack mental capacity to understand what Covid-19 is and whether or not they should have the vaccination.
Coronavirus and Sick Pay
Feb 2021
As new variants of the coronavirus are emerging and the pandemic continues, employees will continue to take sick leave due to testing positive for the coronavirus and/or being required to self-isolate.
Can I force my staff to have the Covid Vaccination?
Feb 2021
Recent news reports indicate that some employers are considering making it compulsory for their staff to have a Covid vaccination. Is this a lawful, or even sensible, move by employers?
The pitfalls of a homemade will can cause more than heartache
Feb 2021
Another day, another story of how a DIY will has been through the courts and has been successfully overthrown. Whilst the temptation might be there to try and cut corners, it really isn’t worth the financial or emotional heartache for those left behind.
Caring for your employee’s mental health
Jan 2021
The WHO defines good mental health as: “a state of wellbeing in which every individual realises his or her own potential, can cope with the normal stress of life, can work productively and fruitfully and is able to make a contribution to his or her community.”
Could you write a letter with your will?
Jan 2021
In a previous blog I wrote about how the pandemic had caused a spur of new will applications, however, it seems that writing official records is something that has taken a lot of households by storm.
Millions of UK workers to receive increase in pay from April 2021
Jan 2021
In April of each year, the Government increases statutory payments that are payable to workers and employees.
Are you locked out of your Child Trust Fund?
Jan 2021
If you set up a trust fund for a child who has learning disabilities, you might want to consider how to access those funds when the child reaches 18.
The digital assets that are worth a will
Jan 2021
Last year, we wrote a blog about how digital assets are commonly overlooked when writing a will. But, thanks to a recent survey by the Law Society, now might be the best time to give it some thought.
Are you a “Silver Splitter”?
Jan 2021
Last Monday was National Divorce Day - so called because it is the first Monday “back to normal” after Christmas, the bills start landing on the doormat and frayed couples have spent too long in close proximity. However, as the numbers of separations are largely on the decline, it seems there is a rise in the “silver splitter” - and if you’re one of them, you might find you’re in for a financial windfall.
Working from home - where do you stand?
Jan 2021
Under new government guidance, you should work from home if you can effectively do so. However, some employers may ask their employees to return to work whilst restrictions are in place - particularly if it is not reasonable to carry out that work at home. For those who are concerned about health problems, or juggling childcare, where do you stand in the eyes of the law?
What the new lockdown means for businesses, employees and workers
Jan 2021
The third lockdown in England legally came into force on 6 January 2021. How long it will last is uncertain. At least until mid-February and possibly until late March. Vaccination provides a route out of the pandemic, but businesses need to survive this final and possibly longest of the lockdowns.
What does the latest lockdown mean for house moves?
Jan 2021
As we enter the third national lockdown and tighter restrictions see the closure of schools and non-essential businesses, where does that leave the housing market?
We are open
Jan 2021
During these uncertain times, it is good to know you can count on us.
Even after the recent Government announcement of another national lockdown we remain open for business and are here to help you.
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Actress case demonstrates how family feuds can go too far
Dec 2020
Just as we publish a blog about why it can be difficult to leave direct descendants out of your will, we hear about the case of Tamara Lucas.
Watch out for sting in the tail for shared ownership with family members
Nov 2020
Before going into shared ownership with any family members, just make sure you are not setting yourself a trap for later on - as one family nearly found out.
As well as credit checks, should more companies be running mental health checks?
Nov 2020
Affordability is a key issue when it comes to any transactions or financial contracts. Whilst an applicant may be sound on paper, there are no personal or medical references needed, but why is that important?
When family feuds go wrong: Can I leave my son out of my will?
Nov 2020
You’d be surprised how often I get asked questions like this in my profession, but whilst leaving a family member out of a will is a difficult moral dilemma, there might be other things to consider - or it could just come back to haunt you.
As Covid cases rise, protect yourself with an LPA
Nov 2020
With the endurance of a second national lockdown, our hearts go out to those who are currently, or have previously, faced a battle with this terrible virus. As cases continue to rise, now is more important than ever to make sure loved ones are looked after - beyond just physical healthcare.
Deed of variation: Why it should always be carefully considered
Nov 2020
Sometimes, even with good intentions, the allocation of assets and property when a loved one passes away can have unwelcome side effects. This was a harsh lesson one family learnt, when one spouse tried to leave half of a property to children - but it soon turned out this physically wasn’t possible.
Coronavirus Job Retention Scheme Extended Until March 2021
Nov 2020
On Thursday 5 November 2020, the Chancellor announced that the furlough scheme is to be extended until the end of March 2021. During this period you will be able to claim up to 80% of an Employees salary up to a cap of £2500.
House moves still permitted in second lockdown
Nov 2020
Following the prime minister’s announcement on 31st October that the UK will be entering a second full national lockdown, further details have now been released which still permits certain activities, including house moves.
Money talks: have you had a conversation with your other half?
Nov 2020
A recent article in the Sunday Times featured a widowed gentleman, who wrote about how, during his 55 year marriage, he really struggled to deal with the financial side of his wife’s death - even though he had always been the one in the partnership who “took care of the money”.
Coronavirus Update - CJRS Extended
Nov 2020
The Chancellor announced over the weekend that the Coronavirus Job Retention Scheme (CJRS) that was due to end on 31st October will be extended until 2nd December. The level of support available under the extended scheme will mirror that of what was available under the CJRS in August, with the Government paying 80% of wages up to a cap of £2,500.
Chancellor announces changes to the Job Support Scheme
Oct 2020
The Chancellor announced on Thursday 22 October that the Government contribution to employers’ wage costs under the Job Support Scheme (JSS) will be increased. Employers will be expected to pay 5% of the cost of unworked hours instead of the 33% originally announced.
Warning for will-holders as expat succession rules could change after Brexit
Oct 2020
As talks continue surrounding Brexit and the UK’s formal departure from the EU, expats are being urged to update some of their important legal paperwork before the exit deadline.
Making the most of property incentives? Don’t wait!
Oct 2020
Time is running out for those who are planning to purchase new properties and take advantage of the Stamp Duty Land Tax (SDLT) reductions applicable until the end of March 2021.
Solicitor’s pet uncovers curious will that dismisses copy-cat claim in court
Oct 2020
You couldn’t make it up, but it seems that a mischievous moggy was solely responsible for unravelling a mystery and helped solve a family feud over a £2m will battle.
Attorneys: are you doing all you can to prevent bank fraud?
Oct 2020
Of course, no one plans to intentionally become a victim of fraud but, the fact is, scams are becoming so clever many of us fall for them without realising - and if you are an attorney acting on behalf of someone else, you need to be extra vigilant.
Coronavirus Update - CJRS Bonus - Are you eligible?
Oct 2020
Back in the summer the Chancellor announced that employers could receive a one-off payment of £1,000 for every employee who had previously been furloughed under the Coronavirus Job Retention Scheme provided they remained continuously employed to the end of January 2021. Businesses will be able to claim the Job Retention Bonus from 15 February 2021 and the Government has stated that further guidance will be provided by the end of January 2021.
Lockdown has seen people upgrade to property more suited to work-life balance
Oct 2020
According to Rightmove, properties worth £1million are selling more quickly. For once, it is not rising prices that are forcing more properties into this bracket - but instead it is in pursuit of a better lifestyle.
Family Investment Companies
Oct 2020
What is a family investment company (FIC)?
FICs are companies limited by shares (an “Ltd” or “Limited”) often setup by parents or grandparents (“Founders”) to benefit both themselves and their family as shareholders. Their popularity has increased in recent years, being seen as a corporate alternative to the more common discretionary trust.
Giving the gift of property? Don’t get caught by the tax man
Sep 2020
We’ve heard about plenty of incidents where parents have helped children get on the property ladder - but what about when children want to help grandparents downsize? Whilst many think they could be playing it safe, make sure the tax man doesn’t pounce.
Coronavirus Update - Jobs Support Scheme announced
Sep 2020
With new government guidance on Covid coming into force today and the current furlough scheme coming to an end next month, as expected, the Chancellor has today announced a new scheme to help businesses.
Latest government Covid measures re-introduce work from home message
Sep 2020
As Covid-19 cases continue to climb, the UK faces ever tougher restrictions. But, with the furlough scheme winding down, what rights do employers and employees have when returning to work?
What could the UK jobs market look like after the furlough scheme comes to an end?
Sep 2020
The Government’s Coronavirus Job Retention Scheme (CJRS), was launched by the Government in March to protect people's jobs and help keep businesses steady.
Death is no excuse for bill chasers without probate
Sep 2020
When a loved one passes away, executors can begin dealing with any assets of the estate. However, many people do not realise as well as any property or savings, executors can be faced with debts left by the deceased, which can become a minefield without probate in some cases.
Administrating an Estate is not a task to be taken lightly
Sep 2020
Taking on the role of executor should be done with plenty of thought, as it can lead to a mountain of work and sorting out any assets from the estate can take months.
Spousal Bypass Trusts: Explained
Sep 2020
Spousal Bypass Trusts, a terminology widely used by independent financial advisors, otherwise known as a discretionary trust, have been around for a long time and have been designed to protect a spouse from paying inheritance tax (IHT) on any pension death benefits. However, thanks to recent changes in the law, many people may not need to hold any death benefits in trust and may be able to be passed down through the generations - as long as they remain in their pension “wrapper”.
Positive property prices showing strength in post-lockdown recovery
Sep 2020
Despite initial concerns for the property market, it appears there has been an upturn following lockdown as property prices notch up their highest monthly rise since February 2004.
September separations are becoming most common for divorce
Sep 2020
According to a recent report, the last Monday in September is the most common day for British couples seeking divorce, with more than double the amount of enquiries of a normal Monday.
COVID-19 sees surge in demand for countryside living
Sep 2020
Until March this year, we were all busy worrying about getting a seat on the train during a busy commute, or long queues in Starbucks. Then, along comes a pandemic and suddenly, all of these things seem irrelevant - so much so that people are actually opting for a quieter life outside of the cities for the first time in decades.
The Courts – How have they coped during the pandemic and what to expect if you have a forthcoming hearing or trial
Sep 2020
Like every business and industry in the United Kingdom, the Courts have had to adapt and change their working practices in order to keep the public and their staff safe. During lockdown, many hearings were postponed and rescheduled for a later date to give priority to urgent cases.
IHT bills will fall thanks to marriage incentives - and careful planning
Sep 2020
Inheritance Tax (IHT) remains one of the most controversial taxes, however, with several government incentives in place, the taxman might actually find himself out of pocket for the first time in 10 years.
Furlough Update - 1 September 2020
Sep 2020
Today marks some key changes to the Job Retention Scheme where companies that have been using the government's coronavirus furlough scheme are now having to contribute to workers' wages.
Celtic footballer’s quarantine breach may amount to gross misconduct
Aug 2020
It is often said that the football industry is unlike any other. The money involved, the rewarding of past failures with new appointments and the self-indulgence of a minority of players.
Myth busting the cost of care: residential is not always the most expensive option
Aug 2020
When a loved one becomes elderly or requires long term care, funding those costs can quickly become a concern. However, with the right planning, you might be able to reduce the bill.
Is the taxman welcome at your wedding?
Aug 2020
According to the Office for National Statistics (ONS) the number of “married family” households is in steady decline, whilst those in the “co-habiting category” is on the increase. However, thanks to a few friendly gifts from the taxman, more people may choose to think again about marriage or civil partnerships.
Will witnessing by video to be made legal
Jul 2020
It’s the news we’ve all been waiting for. The Government has finally announced it will be amending existing law to allow the witnessing of wills to be made via video - but only under certain conditions.
The rocky road to Covid recovery reveals important need to plan ahead
Jul 2020
As well as Covid-19 having devastating effects on sufferers and their families, it seems the after effects following recovery are being felt as well. The huge effect of the virus will no doubt be felt in months and years to come - which is why families need to be planning ahead to avoid further heartache.
CGT - new rules for payment of tax on some disposals
Jul 2020
New rules relating to Capital Gains Tax (CGT) will come into force from 31st July - and it might affect buy to let and holiday home owners the most.
Reasons why there are more inheritance battles than ever - and what you can do to stop it
Jul 2020
The number of court battles involving inheritance hit an all-time high last year. But, what was it that caused such a surge in figures and what can we do to make sure they don’t increase further?
Could the 1st August deadline "force" a mass return to work?
Jul 2020
As part of his speech delivered on 17th July, the Prime Minister, Boris Johnson, announced changes to the guidance for working from home after 1st August. Some people may feel anxious about whether it is safe to go back to work and they may also worry about bridging any gaps in childcare. Can employers force employees to return to work and what are the obligations for both sides?
"Common law” partners are more likely than ever to take care over legal rights
Jul 2020
According to the Office for National Statistics (ONS) cohabiting couples are one of the fastest growing family types in the UK. Even though the law seems slow to catch up with this increasing trend, couples appear to be more prepared than ever when it comes to protecting their legal rights in the event of a separation.
New Stamp Duty holiday could stimulate new housing market demand
Jul 2020
Today the Chancellor of the Exchequer, Rishi Sunak MP, announced a Stamp Duty holiday that is hoped will incentivize buyers and offer some much-needed support to the property market.
“Mini” budget delivers major support for employment
Jul 2020
As the Chancellor started his speech at the House of Commons on Wednesday 8th July, several questions remained as to how he planned to support the economy as it started to recover from the Covid-19 pandemic. The spotlight was also firmly on jobs and how they would be affected by the winding down of measures, such as the jobs protection scheme. However, today’s “mini-budget” delivered several messages that could bring renewed hope to both businesses and employees alike.
Covid-19 strikes again for grieving families seeking probate
Jul 2020
In recent weeks, we’ve found ourselves writing a number of articles as to how the Coronavirus’ cruelty[http://stay-informed/legal-updates/covid-19-can-be-cruel-enough-without-the-additional-paperwork/] and lockdown limbo[http://www.downslaw.co.uk/stay-informed/legal-updates/will-lighter-lockdown-mean-limbo-is-eased-for-probate/] was causing headaches for many, but it seems that the recent pandemic continues to hold a sting in its tail for those who are grieving.
Covid-19's after effects continue to take hold on families
Jul 2020
As the plot surrounding Covid-19 continues to thicken, further mysteries are now revealing themselves in the form of mental and physical problems in patients recovering from Covid-19 that extend further than just respiratory.
The true (hidden) cost of care
Jul 2020
It goes without saying that when a relative becomes ill, we do our best to step in and look after them. However, when that illness becomes more long term, the costs of caring for that individual can soon mount up.
No-fault divorce could begin from 2021
Jun 2020
The Divorce, Dissolution and Separation Bill concluded its passage through the House of Commons on 17th June, allowing couples seeking a no-fault divorce to file their claims - but they may have to wait until the autumn of 2021 to do so.
HMRC releases latest furlough guidance
Jun 2020
The Coronavirus Job Retention Scheme (CJRS) will cease at the end of October and changes will be phased in from next month. On 12th June, HMRC released further details around how the scheme is due to wind down and what employers will need to do to prepare.
ReSPECT will put the human element back into end of life planning
Jun 2020
Since the beginning of lockdown, we have noticed a significant increase in will-related enquiries, as those in high risk categories seek to get their affairs in order, however, a large gap still remains.
One month on and early signs are good for the property market
Jun 2020
Friday 12th June marked one month since the property market reopened for business. Since the Government lifted several restrictions to the buying, selling and moving processes which enabled the housing market to get back “on the move”, many people waited to see how the seven week freeze in the property sector would affect the market.
The most loving thing you can do is prepare for the worst - regardless of your financial situation
Jun 2020
The recent death of millionaire philanthropist Nigel Doughty is a stark reminder to us all about the importance of getting your affairs in order. Whilst many of us avoid writing wills for fear it is “planning for our death”, Doughty’s story is affirmation that the most loving thing you can do to protect your family.
House prices tumble to 11-year low - so now could be the best time to make a move
Jun 2020
Nationwide has released its monthly house price data, revealing shocking new lows for the housing market. Is this a sign of things to come, or are people actually seeing this as an opportunity to make “that move” and go for a complete change of scenery?
Coronavirus Update - Furlough Announcement
Jun 2020
Chancellor Rishi Sunak announced on Friday 29 May changes to the Coronavirus Job Retention Scheme.
Will lighter lockdown mean limbo is eased for probate?
Jun 2020
The relaxing of lockdown rules will no doubt be welcome news to many - particularly those currently involved in the buying or selling of property. However, if you are also in the process of probate, an already lengthy process would have been made even longer, thanks to the delays with lockdown.
SSP Test and Trace
May 2020
It has been announced that the entitlement for statutory sick pay has been extended, under The Statutory Sick Pay (General) (Coronavirus Amendment) (No. 4) Regulations 2020, to people who have been told to isolate under the new 'Test and Trace' system, which has started in England today.
Get ready for SSP rebate scheme set to launch next week
May 2020
On 19 May 2020 the Government announced the launch of the Coronavirus Statutory Sick Pay Rebate Scheme, part of a package of measures designed to support businesses through the Coronavirus pandemic.
The war over wills is on the rise
May 2020
There has been a sharp rise in the number of disputes relating to wills, according to the Law Society. It is thought this is down to the complex nature and changing family circumstances, so it is wise to make sure your will is kept up to date.
Covid-19 can be cruel enough - without the additional paperwork
May 2020
The recent pandemic has hit hard in a number of ways, but most of all grief and bereavement. In an article published in the Times, we heard of a son who struggled dealing with his Mother’s estate and some institutions in particularly after his Mother passed away in February this year.
Don’t make BYOD into a disaster
May 2020
Working from home on mobile devices such as laptops could introduce new security concerns when returning to the office after lockdown - so now is the time to ensure all software and network security is up to date.
Furloughed Staff and Holiday – What is the guidance?
May 2020
A question being frequently asked by our employer clients during the current coronavirus pandemic is whether they can require furloughed staff to take holiday during the period of furlough. There is an obvious advantage for many businesses to do this where they can currently claim 80% of workers’ pay (subject to the £2,500 cap) from the state under the Coronavirus Job Retention Scheme which has recently been extended to the end of October. In addition, requiring staff to take holiday now may alleviate the problem of holiday entitlement building up during furlough which then has to be fitted in after furlough ends.
House purchases on the move again
May 2020
Those facing an anxious wait for a house move during lockdown can now breathe a sigh of relief, as the industry begins to return to work.
New guidance for employers will allow staff to safely return to work
May 2020
On Sunday (10 May 2020) the Prime Minister announced new rules allowing people who cannot work from home to start returning to work. The Government has since published new guidelines, called “COVID-19 Secure”, to give people confidence to return to work, as well as provide clear guidance to employers as to what’s needed to ensure the workplace is safe.
Coronavirus Update – Coronavirus Job Retention Scheme extended until October
May 2020
The Chancellor, Rishi Sunak has announced that the Coronavirus Job Retention Scheme will be extended for four months until the end of October 2020.
Are you writing a lockdown will? Here’s a few things to consider
May 2020
Since the Coronavirus outbreak, the number of enquiries relating to wills and Lasting Power of Attorneys (LPAs) has significantly increased. If you are considering one of these documents during lockdown, you might want to take a few things into consideration first.
Covid-19 sees share prices plummet - but gift-giving surge
Apr 2020
The recent slump in share prices has presented something of a rare opportunity. In fact, if you are planning to gift any investments to your family, now is the time to do it.
Be aware: the rise in ransomware
Apr 2020
As you’ll see from some of our recent updates, cybercrime is on the rise[http://stay-informed/legal-updates/stop-the-cybercriminals-from-cashing-in/]. However, not all thieves wear balaclavas and carry bags of “swag”. Online crime is perhaps one of the most lucrative crimes of all. And whilst it is commonly considered the easiest way to obtain vast amounts of cash, it is also one of the easiest to prevent.
Bounce Back Business Loans - Help for small businesses
Apr 2020
The Chancellor has just announced a new small business loan scheme with 100% government backed guarantees for lenders.
Government Coronavirus Future Fund could be a chance
Apr 2020
Companies facing financial hardship during the Coronavirus outbreak will soon be able to claim from a new Government Scheme called the Future Fund. The Future Fund, which will be delivered in partnership with the British Business Bank, is due to launch in May 2020 and will support the UK’s high-growth VC-backed businesses. It will no doubt provide a much-needed lifeline to businesses suffering from loss of income as a direct result of the recent pandemic.
Stop the cybercriminals from cashing in
Apr 2020
Criminal activity has risen significantly since the start of the Coronavirus outbreak as thieves target the elderly and vulnerable who are reaching out for help. Also, as more businesses turn to virtual methods to uphold social distancing measures, this unfortunately offers an even greater opportunity for fraudsters to cash in.
AGMs During Coronavirus
Apr 2020
In this current pandemic, where we are being advised to stay home and stay safe, how are businesses supposed to hold their AGM at a time when a lot of companies would usually be preparing for the start of the next financial year?
Where there’s a will… there’s a window?
Apr 2020
Along with many others in the legal profession, we are seeing a large increase in the amount of enquiries relating to wills. Several of these enquiries are coming through from many people, and in particular older people, concerned about their increased risk of serious illness in light of the COVID-19 pandemic, however, when it comes to writing a will, there’s been a few adjustments to the “norm” to allow for the correct social distancing rules.
Coronavirus Update - Coronavirus Job Retention Scheme Portal is Open
Apr 2020
This morning (Monday 20 April) the portal to allow employers to reclaim up to 80% (subject to a maximum of £2500 per month) of a furloughed employee's salary from HMRC has opened. The portal can be accessed through the Government Gateway.
Coronavirus Update - Coronavirus Job Retention Scheme extended until end of June
Apr 2020
The HM Treasury has just announced (Friday 17 April 2020) that the Coronavirus Job Retention Scheme (the furlough scheme) has been extended from 31 May 2020 to the end of June.
Wills: how to get around the witness signature during social distancing
Apr 2020
As the demand for will-writing services increases during the Covid-19 pandemic, so too has the demand for a much-needed review into the process - and whether or not it needs to be updated.
Hope for the best; prepare for the worst- how to manage a US/UK estate plan in unprecedented times
Apr 2020
In these difficult times, with no end to the lockdown in sight and the concern of what may happen in the coming weeks, from both a health and financial perspective, now is a good time to review your estate planning documents to make sure they are in order. Or, if you have yet to make a Will, there is no better time to do one whilst the risks we all face are ever present in our minds.
Coronavirus Job Retention Scheme Qualification Date Change
Apr 2020
HMRC has today amended the requirements for Companies to apply for a grant under the Coronavirus Job Retention Scheme and the employees that you can claim for.
Covid-19: Don’t get caught out by fraudsters targeting your money
Apr 2020
Since social distancing rules have come into effect, a number of institutions have temporarily closed. For elderly and vulnerable people who increasingly rely on such resources, fraudsters now have an open gateway for opportunity - so make sure you don’t become a target.
Coronavirus Job Retention Scheme – Questions Are Now Answered (Mostly!)
Apr 2020
Further to our previous article on the Coronavirus Job Retention Scheme we can now provide answers to the questions raised and provide additional information about this scheme.
Is time for a heart to heart with your nearest and dearest?
Apr 2020
Following on from our recent blog regarding a spike in will-related enquiries it seems that now is also the time to be thinking about getting several affairs in order.
Issues to consider when furloughing employees under EMI Schemes.
Apr 2020
One key consideration for businesses to consider when looking to furlough staff will be those employees who are on EMI Schemes. Qualifying tax rules on granted share options are very strict for employees and require employees to work a minimum number of hours in the business and meet certain employment criteria. Those who have been placed on furlough will still be employees but will not be working which could result in them not qualifying for the favourable tax treatment that EMI Schemes offer.
Changes to occur in April 2020
Apr 2020
The government are to introduce a few changes to employment law from 6 April 2020 relating to the employee’s right to written particulars of employment, holiday pay, agency workers and bereavement leave.
The “true” cost of care
Apr 2020
It goes without saying that when a relative becomes ill, we do our best to step in and look after them. However, when that illness becomes more long term, the costs of caring for that individual can soon mount up.
It goes without saying that when a relative becomes ill, we do our best to step in and look after them. However, when that illness becomes more long term, the costs of caring for that individual can soon mount up.
Coronavirus Update - Tenant and Landlord Commercial Property
Mar 2020
The Coronavirus pandemic is causing great uncertainty and raises many questions as to issues surrounding the relationship between Landlords and Tenants of commercial property.
Virus Causes Spike in Will-Related Enquiries
Mar 2020
As more people are required to stay in their homes, many are choosing to spend time doing those life admin tasks that they wouldn’t normally get around to. It seems one of those tasks is writing a will as the Law Society has reported a 30% increase[https://www.yourmoney.com/retirement/spike-in-will-inquiries-as-coronavirus-grips-nation/] on the usual number of requests to write or update a will as more people go into isolation.
Companies House during Lockdown
Mar 2020
Much the same as for the rest of us, the staff at Companies House are doing their best to muddle through and work remotely. As a result there have been some changes to their services which will be important given it is close to accounts filing time!
IP Alerter Newsletter - March 2020
Mar 2020
Read our latest Insolvency Practitioner Alerter - Newsletter March 2020
Emergency volunteering leave
Mar 2020
The Coronavirus Act 2020 received Royal Assent yesterday and introduces ‘emergency volunteering leave’. This enables employees to take unpaid time off work and volunteer temporarily as an emergency volunteer within the NHS or social care. Although the employer does not pay the employee during this period of leave, the employee will be compensated for their loss of earnings from a compensation fund.
Electronic Signatures – Remote working and execution of documents
Mar 2020
In the UK electronic signatures have been legal since the introduction of the Electronic Communications Act 2000.
Now that we are all trying to accommodate working from home and interacting with each other remotely we should consider the electronic signature to help us continue with ‘business as usual’.
Commercially it is becoming more and more common especially as flexible working is on the rise.
The Coronavirus Job Retention Scheme – More Questions Than Answers
Mar 2020
On Friday 20 March 2020, the government announced the Coronavirus Job Retention Scheme to help stem the tide of employees being laid off without pay or made redundant in the current crisis.
Government support for businesses during COVID-19
Mar 2020
The sudden medical epidemic of the coronavirus has caused businesses to face sudden financial difficulties due to the significant reduction in customers and revenue. The government has put in the place the following measures to try to help businesses through this challenging time.
Coronavirus Update - Government announcement to pay wages
Mar 2020
On Friday 20 March Chancellor Rishi Sunakt announced it would pay 80% of salaries for staff who are kept on by their employer.
The Chancellor announced that employers could apply to HMRC for a payment from the Coronavirus Job Retention Scheme to pay 80% of their employees wages up to £2500 per month.
Online isolation notes launched - Coronavirus
Mar 2020
Isolation notes will provide employees with evidence for their employers that they have been advised to self-isolate due to coronavirus, either because they have symptoms or they live with someone who has symptoms, and so cannot work.
COVID-19/Coronavirus – Helpful information for Employers
Mar 2020
Advice regarding Coronavirus and the response by Government and other agencies to it will be regularly updated. Rather than recycle their information, we have signposted the important links below and we provide some general best practice advice for employers.
Social care needs to be more of a priority
Mar 2020
According to research by Age UK, more than 2,500 elderly patients are kept in hospital unnecessarily as they had nowhere safe to go – and it’s costing the NHS around £587 million.
Money Laundering Regulations – Is your business compliant?
Mar 2020
You must meet certain day-to-day responsibilities if your business is covered by the Money Laundering Regulations or if you just want to protect your business from such risks and work on a best practice basis. These include carrying out ‘customer due diligence’ measures to check that your customers are who they say they are.
Receiving Residential Care Doesn’t Necessarily Mean Selling Your Home
Mar 2020
As we get older, how we plan to fund care for ourselves, our spouse or other family can become a worry. For homeowners, there is the concern that they will need to sell their property in order to fund the ever-increasing costs of care, particularly as a lot of social care offered by the government is means tested.
Barclays backtracks in privacy row over worker surveillance project
Feb 2020
Barclays Bank has withdrawn a system that monitored employees’ computers, tracking individual working patterns and how much time each day was spent on breaks. Details of the pilot project came to light after a Barclays whistle blower reported it to a newspaper.
New contract terms affecting all new employees and workers to come into force on April 6 2020
Feb 2020
From 6 April 2020 there will be changes to the minimum written terms that must be provided to employees AND the timing of when these terms must be provided to them. These terms are known as Section 1 statements, referring to Section 1 of the Employment Rights Act 1996 (ERA).
Could new IHT residence band see step children missing out?
Feb 2020
New laws introduced by the Government from the tax year 2017/18 onwards allowed married partners to pass on up to £1 million worth of value in their family home, as long as it was passed to direct descendants. However, since the law has been introduced, some have found themselves worried that some of their loved ones may be missed out.
New Will rules further address the need to write one
Feb 2020
Surviving spouses and civil partners are about to benefit from an additional £20,000 if their spouse dies without leaving a will (or where there is an invalid will or it fails to deal with the estate fully). Under such circumstances the “intestacy” rules prevail, which are laid down in statute and create a proscribed order as to who inherits the estate.
House prices are finally building
Feb 2020
According to the latest figures by the building society, Nationwide, house prices in the UK rose at their fastest annual rate for 14 months in January 2020. However, if it is due to continue, experts say a lot depends on how quickly uncertainty about the UK’s future trading relationships will last – as well as the outlook for global growth if the economy is to remain strong.
Could you consider a more vulnerable loved one this Valentine’s Day?
Feb 2020
Valentine’s Day is the time of year our minds turn to our loved ones. But, whilst exchanging cards or gifts is commonplace, it is worth considering other things you can do for a more vulnerable loved one.
The Parental Bereavement Leave and Pay Regulations set to come into force on 6 April 2020
Feb 2020
Downs Solicitors is pleased to play a small part in helping to raise awareness of a new and important piece of employment law that is coming into force in April 2020. The Parental Bereavement Leave and Pay Regulations will be known as Jack’s Law. This is in memory of Jack Herd who died in 2010 and whose mother, Lucy, has campaigned tirelessly ever since for mandatory leave for grieving parents.
Bringing life to the “death document”
Feb 2020
It’s a truth universally acknowledged that humankind doesn’t like thinking about dying – and it makes us notoriously bad at planning for it. After all, who would want to plan for death, when life is all about living? The thing is, in my line of work, I see all too often how planning for death can actually help people live life to its fullest.
Leaseholders call for scrapping marriage value
Jan 2020
If you own a leasehold property, chances are when you purchased, you were also granted a period of time remaining on the lease. If that time period is about to expire, or you have less than 80 years remaining on the lease, you might want to watch out for an added cost that is really putting a sting into the leaseholder.
What could work look like in 2020?
Jan 2020
One of the big focuses in recent years has been on flexible working and how it has changed the concept of a “normal” working day. From challenging the norms of 9-5 working to commuting time counting as working time, there’s no doubt that the new decade could bring a new shape of working – but what does that mean for business leaders and their HR teams?
What’s the weirdest thing you could leave in a will?
Jan 2020
No sooner had we written our recent blog about leaving crypto currency in a will, news hit the headlines about a football fan who left money in his will so that he could buy players a pint.
OPG release details on elder abuse investigations
Jan 2020
In a recent blog, we reported how the Office of Public Guardian (OPG) had seen an increase of reports relating to elder abuse. Whilst this is unfortunately not a new trend, the report has thrown some light on the responsibility of carers and those who may be more vulnerable to physical, mental or financial abuse.
Should you be including crypto-currency in your will?
Jan 2020
In a recent blog we talked about how digital assets may not be so clear cut when it comes to rightful ownership in the event of your death. However, if you happen to own any crypto-currency, you might want to think about telling your loved ones how to retrieve it.
How might the decision to make ethical veganism a philosophical belief affect employers?
Jan 2020
Jordi Casamitjana was dismissed in 2018 by The League Against Cruel sports for gross misconduct. Mr Casamitjana, an ethical vegan, claims that his dismissal came after telling colleagues that their employer’s pension fund was being invested in companies involved in animal testing. His solicitors claimed that the decision to dismiss was made because of his beliefs around ethical veganism.
Will the no-fault divorce law be revived in time for next national divorce day
Jan 2020
Monday 6 January was dubbed “Divorce Day” by those in the legal profession, as it is the day forecast to be the most likely that couples will start proceedings to separate. However, this year, Divorce Day saw something of a reunification, as the Government re-convened over introducing a “no-fault” divorce.
New decade, new divorce?
Jan 2020
With Christmas behind us for another year, the prospect of long dark days of January can take their toll on the best of us. Plus, as the Christmas credit card bills start landing on the doormat, it’s hardly surprising to see why this time of year is also known as Divorce Season.
Civil Partnerships can void a will - have you updated yours?
Jan 2020
If anyone out there was lucky enough to receive a proposal over Christmas, chances are you’re still up on cloud nine. However, whilst thinking about any preparations, you might also want to think about some of the legal implications and how this will affect you and your family.
Funeral plans: Don’t let them be the death of you
Dec 2019
“Gazelle will never say: ‘Just eat me’. We have to hunt.” This was a line spoken by a manager at one pre-paid funeral provider, according to undercover operations that were reported by the Guardian. Sadly, this is just another example of vulnerable individuals being put at risk – as most of them should probably never have been sold a funeral plan in the first place.
Inheritance tax: What’s changing – and how can you save thousands of pounds
Dec 2019
Back in 2016, then-Chancellor of the Exchequer, George Osborne, announced as part of the annual Summer Budget, a tax break that would put many families in a more favourable stance when it came to passing on property after death.
Election round up – the results
Dec 2019
We've woken up to the news this morning that, following a public vote in a general election, the Conservative party will be forming a government after winning the biggest majority vote in over 30 years.
Elder abuse: how that expectation of trust can quickly go wrong
Dec 2019
I wrote a blog recently about why it is important to seek legal advice when seeking an attorney.This related to some published findings about those acting on behalf of a vulnerable person – and whether or not their intentions were genuine.
Always seek legal advice when nominating an attorney
Dec 2019
In an article published recently by the Law Society Gazette, a law firm in London published findings of a survey relating to Lasting Powers of Attorney – specifically for those who act on behalf of a vulnerable person.
Workers’ Rights – What the main parties are saying in their election manifestos
Nov 2019
With the General Election looming on 12th December what are the main parties saying in their election manifesto's on workers' rights. David Seals, Head of Employment, takes a look at the key messages.
Those without a will could be letting the royals benefit from their cash
Nov 2019
I’ve written a number of blogs about the importance of writing a will. But, in an article published in the Times recently, it really brought home the truth of what happens if we fail to write one and die ‘intestate’. The law then determines who will inherit depending on your family circumstances.
IHT refunds might be due on property sold at loss
Nov 2019
Whilst the housing market continues to stagnate, it looks as though there could be some unexpected perks where a property has fallen in value.
Protective trusts could protect your family
Nov 2019
It’s true that many consider trust funds as an outdated concept, but it might be time to dust them off – particularly if you’re looking to protect elderly or vulnerable members of the family.
Why January really starts in November for divorce lawyers
Nov 2019
One of the busiest times of the year for a family lawyer is January. There are more new divorce clients than at any other time of the year. This is often attributed to the pressure of the family being together at Christmas. Yule being the straw that broke the camel’s back.
Funeral disputes: a rise from the ashes
Nov 2019
It’s an unavoidable fact of life, yet when it comes to death, we do everything we can to steer away from the subject. But, it’s an important one – because it means you and your family can have peace of mind.
Workplace health and well-being – It’s time to talk the menopause. A guide for employers
Nov 2019
Introduction
Improving the conversation about the menopause at work is important for both workers and employers. For the worker experiencing symptoms, the onset of the menopause can be a challenging time and one that is a sensitive and personal matter. For an employer, menopause is a health and well-being concern for their workers and one that needs managing sensitively.
What is the true cost of care?
Nov 2019
We’ve all misplaced things occasionally, but a will is something that you’d hope would be stored correctly for a time when an executor would need to administer an estate. However according to a recent article, Lloyds bank has uncovered a number of wills that couldn’t be matched to owners.
Have a will? Check you bank
Nov 2019
We’ve all misplaced things occasionally, but a will is something that you’d hope would be stored correctly for a time when an executor would need to administer an estate. However according to a recent article, Lloyds bank has uncovered a number of wills that couldn’t be matched to owners.
What should we take away from the sudden departure of Steve Easterbook from McDonalds
Nov 2019
The departure of McDonald’s CEO Steve Easterbrook at the weekend for having a consensual relationship with another employee created headlines for numerous reasons. Not least because of the $675,000 severance payment, but because he was the company’s Chief Executive and don’t things like that get conveniently swept under the carpet? No longer it seems.
The guide to a Happy Christmas for separated parents
Nov 2019
Christmas and the lead up to it should be an exciting and memorable time for children and rewarding for their parents. Christmas is a busy and sometimes stressful period, getting everything prepared for the big day. For parents who have separated, this stress is magnified significantly as they try to organise themselves, their own families and agreeing what’s best for the children.
UK rents that are raising the roof
Nov 2019
According to recent statistics by Zoopla, renting a home in the UK has become much more affordable. With many still struggling to get on the housing ladder, and renting becoming the no-choice option, where in the country can you get the most for your money?
When is a gift not a gift? When it comes with conditions
Oct 2019
I think we’ve all probably been in situations where we have handed out money, either as a loan or a gift, and had good intentions for the recipient. Whether it’s help to buy a car, or purchase a first home, many people often tend to gift money to help out family and friends.
Freeze in probate fees review is welcome news to families
Oct 2019
The Government has announced plans to scrap the rises in probate fees, which will no doubt be welcome news to many bereaved families.
Time to think about updating your will?
Oct 2019
Not many people relish the idea of writing down wishes relating to their death, however, according to research by Royal London, more than half of us in the UK still don’t have one – and 5.4 million don’t even know how to get one.
Time to call for further workplace flexibility
Oct 2019
Whilst many see flexible working as an opportunity to juggle a work life balance more successfully, a lot of work needs to be done around overall wellbeing for the employee – and ways in which the employer can help facilitate that.
What’s the difference between an attorney and an executor?
Oct 2019
Whilst this may sound like the opening to a punchline, there is a serious side to this question. Do you know the difference between the duties of an attorney and the role of an executor.
Could the UK avoid recession?
Oct 2019
Talks surrounding the possibility of a shrinking economy are increasing by the day, however, according to the Office for National Statistics (ONS), the UK might just avoid a recession.
No-Fault Divorce Law passes through
Sep 2019
Regular followers of Downs’ news will know that we have closely been following the law surrounding no-fault divorce. In an update published today the legislation will start to be introduced.
Self-employed? You might want to think about how you will fund retirement
Sep 2019
According to recent news, the average self-employed worker faces working until they are 79 to secure a big enough pension pot to support them in later life.
Things I wish I knew before I… got a divorce
Sep 2019
In my line of work, I tend to see the statistic of one in three marriages ending in divorce in real life. Whilst many will say signing a pre-nup is one of many things they wish they knew before they get married quite often, separated parties will ask me things they need to know before they get divorced.
Things you need to know before becoming an executor
Aug 2019
No one likes to think about death, but unfortunately it’s a fact of life. People not wanting to talk about death is one of the main reasons why 60% of us risk dying without a will – and without the legal protection of our wishes for our families.
London property prices falling fastest
Aug 2019
If you thought you never stood a chance of moving up in the London property market, now could be your chance. According to the latest data from the Land Registry, some homes in London are falling faster than anywhere else in the UK – although still remain higher than the national average.
IHT laws need to change
Jul 2019
If you’re under 18, how do you pay a £50,000 tax bill? This might sound like the opening of a riddle, but actually, it’s a very real situation for one family that has been caught in an IHT trap – and it’s perfectly within the law.
Another GDPR data breach hits the headlines
Jul 2019
No sooner have we published a blog about British Airways’ largest GDPR fine on record, we find another story in the news.
Where there’s blame, there is not always a claim
Jul 2019
If someone you knew had fallen down the stairs and suffered serious injury as a result of a missing handrail, whose fault do you think it would be?
Financial institutions need to do more to abide by LPAs
Jul 2019
Going through the heartache of caring for an ill or elderly family members is difficult enough, yet for those who have secured a Lasting Power of Attorney (LPA) are still trying to jump through financial hoops.
Stepsisters’ inheritance battle could have been avoided
Jul 2019
Whilst reading an article in the Times recently, it occurred to me that there is quite often more than financial issues at stake when it comes to legal battles. In the case of two stepsisters, it can also be true that heartache and relationships can also be put at risk – but perhaps the cruellest fact is, that all of this could have been avoided, simply by making a will.
Digital assets – what do you think you own?
Jul 2019
Whilst writing wills or nominating an individual for a Lasting Power of Attorney, protecting physical assets, such as property or cash, might be the first things to spring to mind. But, in an increasingly digital age, what about any online assets to an estate?
BA Faces "Largest" GDPR Breach Fine
Jul 2019
British Airways (BA) looks set to face the largest GDPR penalty by the Information Commissioner’s Office (ICO) of £183m for last year’s data breach that put 500,000 customers’ details at risk.
A break through for Claudia’s Law
Jul 2019
For anyone suffering from news of a disappeared loved one, it is made even harder that any family, friends or even spouses are unable to take over any of their legal affairs or act on their behalf. However, that may be about to change.
Welfare deputyship – the next steps
Jul 2019
Until recently, parents of children who lack capacity to make their own decisions, for example if they have a learning disability, have had limited rights when it came to making decisions affecting the health and welfare of their children
Stress in the workplace
Jul 2019
According to the Health and Safety Executive (HSE), stress, depression and anxiety were the main factors for time off work in 2017/18, equating to 15.4 million working days lost.
Where there’s a Will… there’s a holiday?
Jul 2019
It’s holiday season, so people are off on their travels. It is also the time of year when people start to think about their wills – either writing them for the first time, or updating them.
3 Situations that require a Non-Disclosure Agreement
Jun 2019
In all the excitement of a new partnership or business venture, sometimes we forget the serious side too. Fact is, without a non-disclosure agreement, or NDA as it is more commonly known, you risk exposing some of the valuable, and saleable, secrets of your success
Can you inherit Air Miles?
Jun 2019
As a professional who works in wills and probate, I find that people deal with death in very different ways. Grief can strike a number of reactions and the thought of death itself has a lot to answer for in terms of effective planning – but perhaps that’s why a particularly story caught my eye over the weekend.
Love in Later Life – and what it means for inheritance
Jun 2019
We are waiting longer than ever to get married. According to recent statistics from Royal London, marriage rates at younger ages continues to decline, there are an increasing number of men are getting married over age 60, as well as women aged over 50. Whilst we are waiting longer to find the love of our lives, what can the implications be of finding love later in life?
Things I wish I knew before I... Got Married
Jun 2019
Weddings can be stressful enough. Organising venues, avoiding family mishaps and funding are just a few stumbling blocks many people come across – but after the wedding, there’s the actual marriage itself.
5 Top Tips to turning your start-up into a thriving business
Jun 2019
When you start a business, there is a phase at the very beginning when you are trying to do several things at once. All of a sudden, you are a business consultant, an accountant, a marketer and a writer - as well as being the expert in your chosen field. It can be easy to lose sight of a few things along the way, but here are five top tips to help you stay on track and help turn your start-up into a thriving business.
Death. Would you want to talk about it?
May 2019
I think it’s fair to say it is a truth universally acknowledged that our society does not cope with the idea of death. I think it is the fear of it and the fear of the unknown which makes us bury it away deep into our subconscious – but it is also perhaps one of the most important things we have to think about too.
What is "Blockchain Technology" and what impact might it have on the legal industry?
May 2019
BLOCKCHAIN TECHNOLOGY
One of the biggest IT changes on the horizon for us as professionals is the impact blockchain technology will have on the way we work. This note attempts to shed a little light on what it is and how it may be applied.
3 Ways employers can take better care of the older workforce
May 2019
People are living longer and therefore, they are working longer. According to the latest data from the ONS, there has been a rise in the number of over-50s in the workplace due to changes in the state pension age and shortfalls in pension payments.
Thinking of marrying after retirement? Read this first
May 2019
According to recent figures, men are more likely to get married after hitting the age of 80 than they were under the age of 20. As more of us consider marrying later in life, you might just want to make sure you check a few things before you do, including the security of children and inheritance rights.
Why have Terms and Conditions
May 2019
Terms and Conditions (T&Cs) are key for any trading business, setting out the terms on which contracts are formed, operated and terminated. They can be in various forms and contain all manner of arrangements which are bespoke to the relevant industry, transaction and customer including matters such as price and payment, method of placing orders, responsibilities of both parties, delivery arrangements, returns, and warranties and liabilities. They also detail what happens when things go wrong, for example the customer fails to pay an invoice or the goods supplied are defective.
Beware of the Equity Release scams
May 2019
According to a recent story, there’s been a massive increase in the number of over-55s being targeted for cash which is locked up in their homes.
Property Trusts are not always the best way to avoid fees – Buyer Beware
May 2019
There’s been recent media attention surrounding property trusts, sold to people as a promise to “escape legal fees” upon someone’s death. But, all is not as it seems and people should think twice before entering into such an agreement.
Things I wish I knew before I... Got a Pre-nup
May 2019
Prenuptial agreements, or pre-nups, have been increasing in popularity over recent years. Older people are marrying later in life and living together longer are just a couple of reasons why pre-nups have been thrown into the spotlight. So, when it comes to gathering a lifetime’s worth of assets, it is hardly surprising that people are increasingly looking to protect them.
Unnecessary DIY Will Disputes are keeping High Court too busy
May 2019
Many people are tempted to write their own wills to avoid the expense of a solicitor, however, a poorly-written will can quickly lead to mounting costs – as well as a legal minefield.
Focus on Wellbeing this Mental Health awareness week
May 2019
This week, 13 - 19 May 2019, is Mental Health Awareness Week. So, what better time to talk about mental health within the workplace.
Working on the go is creating new choices
May 2019
Self-employment is on the rise with more people “going it alone” than ever before. With a rise in easy-to-use, on the go technology more accessible, it’s hardly surprising that more people are opting for self-employment to cater to more adaptive lifestyles. But, what sort of impact is it having in the wider professional environment?
GDPR One Year On
Apr 2019
The General Data Protection Regulation (GDPR) is nearly one year old, having come into effect on May 25th 2018. Many businesses in the UK and abroad have made amendments to elements of their practices to ensure GDPR compliance. As with any substantial change, there has been a steep learning curve and inevitable growing pains. With the one year mark fast approaching it seems an appropriate time to look at the impact and success, if any, of GDPR.
What happens if... I change my mind after signing a contract
Apr 2019
When do you have a “right” to cancel your contract – and does that right to do so actually exist?
Property Prices continue downward decline
Apr 2019
Whilst Brexit uncertainty rages on, property prices are continuing their time in the spotlight. As prices and demand continue to stagnate, what is next for the UK property market?
Paternity Leave is taking a new shape
Apr 2019
Shared parental leave was introduced in 2015 as a way of redressing the balance between maternity and paternity leave. The purpose was to allow mothers to transfer all or part of their maternity leave to the father, allowing them to return to work.
Why now is the most important time for the LPA
Apr 2019
Lasting Powers of Attorney, or LPAs are legal documents that outlines for an individual who is or are appointed as an attorney/s in the event that the person making the LPA is not able to make decisions for themselves during their lifetime. There are two types of LPA, one covering property and financial affairs and the other in relation to health and welfare decisions including medical. LPAs are extremely important – as without one, your wishes and feelings may not be properly taken into account and there is no one to step in and make any decision needed in your best interests. In some cases sadly without an LPA the result in arguments amongst the family, particularly where there is a second marriage.
LPAS – Are you claiming Council Tax Relief?
Apr 2019
Consumer website, MoneySavingExpert, has embarked on a long-running campaign to raise awareness of council tax discounts that are available to those who are considered “severely mentally impaired” – and it can include carers too.
The end of the Divorce "Blame Game"
Apr 2019
Here at Downs Solicitors, we have been closely following the changes in the law surrounding “no blame” divorce – today we were really pleased to hear the news that the law will be changed.
Brexit's EU Property Boom
Apr 2019
Whilst the housing market continues to struggle in the UK, it looks as though the number of buyers of property abroad is still in good shape.
Communication is key in bringing down Will Disputes
Apr 2019
When it comes to wills, some clients come to me following the loss of a loved one, questioning whether their will was written fairly. It is often quite surprising to know what many of these clients are unaware that it is possible to contest a will, despite the fact it is a legal document.
Powers of Attorney Guidelines need to take neglect more seriously
Apr 2019
According to a recent article in The Times, which reported statistics from the Public Guardian, around 2,000 cases a week are linked to allegations of financial and physical abuse.
What happens if... I am a step parent and want to apply for Parental Responsibility
Apr 2019
This is a question we regularly get asked, particularly where a marriage has broken down and the children are not biological descendants of one of the parents. It can also be a worry if the biological parent has died and leaves the step parent in the child-caring role, as many can be concerned with legal stances surrounding the rights they have to that child.
Hold on to your house – summer could be the best time to sell
Mar 2019
According to Land Registry data, selling your home at certain times of the year could be key to achieving a high selling price.
Brexit continues to hold housing market to ransom
Mar 2019
As the war on Brexit rages on, there has seemingly been a knock-on effect on the housing market – according to industry experts.
April 2019 Employment Law changes
Mar 2019
Each April, the Government may amend employment regulations and set new deadlines for Companies to meet. The following are deadlines and updates which Managers and HR professionals should be aware of:
What happens if... I have no "Legal Right" to get divorced?
Mar 2019
Close followers of Downs’ blogs will know that we have been keeping an eye on the law surrounding divorce, particularly where no member of the party is at fault.
Sickness: Is it serious
Mar 2019
None of us like to think about getting ill, but if you run a business, it can be helpful to identify the leading causes and reasons for sickness in order to effectively manage workflow.
Spring Statement 2019 – At a Glance
Mar 2019
The Chancellor has just delivered his Spring Statement for 2019 and despite lasting just under half an hour there were certainly a few surprises in store.
Willing to get writing? Here are a few things to consider
Mar 2019
Thankfully, will writing is being given more air time than it used to, but, it still doesn’t stop nearly two thirds of us not having one.
What happens if... My partner dies without leaving a will?
Mar 2019
This is a very common question, because, sadly, so many of us die without making a will for one reason or another.
Working 8–4? What a way to make a living!
Mar 2019
As if Ms Dolly Parton’s appearance at the recent Grammy Awards wasn’t enough, her new Netflix series beginning in 2019 will soon have reminisces tapping their feet to some of her major hit records. Perhaps working “9-5” is one that resonates most – and what a way to make a living indeed. Since writing her hit, the workplace has changed considerably and it is interesting to see how employers and employees alike are adapting to that change.
Happy international Women's Day
Mar 2019
Friday 8 March is International Women’s Day – an annual celebration of gender equality. Despite leaps in progression for a number of women, I still find it surprising how stereotypes continue to be challenged, even in 2019.
Gender Pay Gap back in the news
Mar 2019
It’s been nearly 12 months since the first companies began publishing information about their gender pay gap. One year on, it looks as though we have still quite a way to go as the newest round of pay gap snapshots hit the headlines with Britain having the largest gap between the sexes in the European Union.
March in to Making A Will
Feb 2019
An up-to-date will written by a solicitor is the best way to ensure your wishes will be respected. It allows you to provide for your family and friends and leave a gift to your chosen charities too. It is also a chance to think about updating your will if you have not done so in a while.
Roses are red, violets are blue, I'm not sure WORK is the place for romance, are you?
Feb 2019
Valentine’s Day has gone for another year, but it got us thinking about the consequences of romance in the workplace, for both employees and employer.
Brexit uncertainty having a knock-on effect to wider economy
Feb 2019
According to recent reports, falls in factory outputs and car production, and uncertainty surrounding Brexit, have taken its toll on the UK economy, which is now seeing the slowest economic growth in 6 years.
Housing crisis hits hard for under 35s
Feb 2019
According to new research by Civitas, around one million more adults in the UK are living with their parents compared to two decades ago. It looks as though more people will be relying on the bank of mum and dad for a little bit longer.
What's new in the world of Insolvency?
Feb 2019
As always our IP Alerter provides you with a snapshot of the key developments and insight into key cases. The cases covered in this issue include:
Could Property Market re-build in 2019?
Feb 2019
Here at Downs, we quite often keep an eye on house prices and their effect on the local economy. Whilst there has been a cloud over the growth of house prices, could there be better things on the horizon for 2019?
Brexit: How are businesses faring
Feb 2019
Whilst the jury is still out about how Britain-of-the-future will look after March 2019, but still, the headlines continue to tell us of companies that have been blighted by Brexit.
Google's lesson is one we could all learn
Jan 2019
The story about Google and its hefty fine for breach of GDPR is perhaps a reminder to all of us about the seriousness of data protection.
Registration of overseas entities – The draft bill is here
Jan 2019
The long-awaited Registration of Overseas Entities Draft Bill has finally been published. Even though it is unlikely to come into effect before 2021, there could be a few things to do to prepare – and there are severe sanctions for non-compliance.
Sort out debts this Blue Monday to avoid being left out in the cold
Jan 2019
Monday 21 January has become known as Blue Monday. It has been saddled with lots of negative connotations, from long, dark, cold days to distant paydays and the festive season a distant memory. However, one of the major contributions to Blue Monday is debt as the Christmas credit card bills start to land on the doormat. But, addressing debt early doesn’t have to be scary – and it can help you avoid a whole host of problems later on.
Building Brexit uncertainty in the property market
Jan 2019
As the Brexit debate rages on in Parliament, it seems there are still some problems to be resolved a bit closer to home. Property prices have been named as one of the biggest concerns surrounding Brexit, and, as a number of property experts come forward expressing concern, what can homeowners come to expect?
Your family or your finances: What would you choose?
Jan 2019
You’d think the answer to this question would be easy and that anyone would choose family over any situation. However, it seems at times we forget how our assets, such as property and finances, can tear families apart.
Divorce: Is it just too easy?
Jan 2019
If you were keeping an eye on our legal updates during Christmas, you may have noticed we stuck to a slightly less festive topic. Divorce season is well and truly upon us and with a forecast spike in the number of separations, have we simply made divorcing a spouse far too easy?
Feast or Famine in the house price market?
Jan 2019
All eyes will no doubt be on the property market this year as Brexit starts to get underway. However it would appear that UK house prices actually grew at an annual pace of 0.5% in December – although this is the slowest rate in nearly 5 years.
Happy Divorce Day
Jan 2019
Whilst the fun and festivities are over for another year, a number of people can find the effects of debt and stress finally take their toll. It is one of many reasons why this time of year is known as Divorce Season. However, there could be a solution to marriage breakdown and over the years I have certainly seen some of the simplest remedies become the most effective.
Common Law Marriage – Really?
Dec 2018
In 2017 there were 3.3 million cohabiting couples who were neither married or in civil partnerships. This for the last 20 years has been the fastest growing group of couples. A significant proportion of this group are in single ownership or tenanted properties. This is a concern when considering the limited rights that cohabiting couples have versus married couples.
How to divorce proof your marriage
Dec 2018
Tis the season to be jolly, but, we address a slightly more morose topic for a reason. Divorce Day will soon be upon us once again. It is the first working Monday of every year and gets its name due to a surge in divorce applications.
Christmas Parties: Don't be tempted to treat yourself to a sick day
Dec 2018
Apparently, around 9 out of every 10 businesses have had an employment related issue as a result of Christmas party antics. One of the most commonplace issues is the hangover and staff calling in sick the next day after drinking too much at the Christmas party the night before.
What is a post-nup and why are they increasing in popularity
Dec 2018
We’ve all probably heard of a pre-nuptial agreement, but what about the lesser-known post-nup? What exactly is it and why are more people looking to write them?
Separation doesn't have to end in divorce
Dec 2018
It may seem a strange sentiment, but this time of year actually sees the highest number of divorces than any other time of the year. Dubbed “divorce day” by many of us in the legal profession, January 7 2019 is the first working Monday after Christmas. It is also predicted to be the day we see a predicted spike in the number of divorces – but maybe there is something we can do about that.
3 Reliable "Relationship Killers"
Dec 2018
We are probably all guilty of it, but, seeing as it is divorce season, perhaps now is the best time to be thinking about some of the things we do that cause unnecessary bitterness.
Top 5 myths surrounding divorce – dispelled by a divorce lawyer
Dec 2018
The most popular day to start divorce proceedings is in early January. Whether it is the pressure of the cost of Christmas, or working longer hours in the lead up to the festivities, the first working Monday of the new year is commonly referred to by many lawyers as “Divorce Day.”
'Tis the season – For divorce?
Dec 2018
Whilst the fun and festivities come around, a number of people can find the effects of debt and stress finally take their toll. It is one of many reasons why this time of year, we often term as Divorce Season. However, there could be a solution to marriage breakdown and over the years I have certainly seen some of the simplest remedies become the most effective.
Bringing your investments "Home" for probate purposes
Nov 2018
If you hold any overseas shareholdings, you might just find a very costly sting in the tail on your estate – so inheritance planning is key.
Good divorce week – Time to address the blame game!
Nov 2018
This week is Good Divorce Week, aptly named as a way of raising awareness of the wider impact a separation can bring, particularly for children. Whilst divorce is always difficult, a number of studies have revealed the long-term serious impact on children, specifically around the conflict a divorce brings. Good Divorce Week aims to address the issues affecting children and how separating couples can mitigate any complications by providing practical help and support.
How the Morrisons Data Breach case should put employers on their guard
Nov 2018
GDPR seems to be the word of the year, but as many businesses still try to get to grips with it, the Court of Appeal have issued details surrounding a case of data protection. Is an employer responsible if an employee deliberately breaches a data protection law?
Fact: No will means unclaimed estates will be claimed by the Crown
Nov 2018
We really do seem to have a reluctance to write a will in this country. According to recent research, around 60% of adults in the UK have not written a will. We may shrug it off as something we’ll “get around to” or “maybe someday” – but there is a very serious underlying issue. If you do not write a will, your estate is likely to be claimed by the Crown.
Brexit: Migration to the future
Nov 2018
Read Samar Shams, Head of Immigration, recent article in the Employment Journal which considers what the UK’s immigration policies may look like when free movement of EU nationals ends.
For the full article Migration to the Future
House prices continue to flat line
Nov 2018
According to stats from the Nationwide Building Society, house prices rose at their slowest annual rate for five years, due in part to a sustained period of economic uncertainty.
Make sure a Law Suit isn't welcome this party season
Nov 2018
It’s that time of year where the seasons change and we celebrate a few festivals. But, whether it is a hellish Halloween, or November 5 goes off with a bang, employers need to beware. They could be held responsible for any mishaps during any celebrations – including the parties.
IHT: Planning early pays off
Oct 2018
An extremely controversial, yet lucrative source of income for the Treasury, inheritance tax has been in the news again highlighting the contrast around the country.
Budget: The countdown is on
Oct 2018
As we count down the days until the Chancellor’s Autumn Budget here are a few things to expect – as well as a few of the need-to-knows.
Will the Autumn Budget provide any more news for housing?
Oct 2018
As the frenzy builds as to what the Chancellor’s Autumn Budget may contain, all eyes are once again on the property market.
Truth, proof and the right to work
Oct 2018
Right-to-work checks and dismissal have always posed a challenge to employers. Recent inconsistent Employment Appeal Tribunal (EAT) judgments have exacerbated the difficulties. What is an employer to do? Head of Immigration, Samar Shams recent article in the Employment Law Journal goes back to basics and extracts the most important lessons from the muddled judgments.
LPAS: Are you entitled to a refund of overpaid registration fees?
Oct 2018
The Ministry of Justice (MOJ) launched a refund scheme earlier this year for Lasting Powers of Attorney (LPAs) registered between 1 April 2013 and 31 March 2017. If this applies to you, you might be eligible for a refund from the Office of the Public Guardian (OPG).
Where there's a will, there could be a cost trap
Oct 2018
The following blog came about following a recent experience with a client. They had used a will writing company to prepare a will around 10 years ago. Since then they have paid £18 per year to cover the ongoing costs associated with storing the will. However, nine days after the client signed the will, it was deposited with the Principle Probate Registry for a one off fee of £20. Once received the Registry issue a Certificate of Deposit of Will confirming that it is held by them.
For better for worse: Why are cohabiting siblings losing out
Oct 2018
If you needed any further persuasion to plan ahead and consider your options for later life, you might the following interesting to know.
Need another reason to plan for IHT?
Sep 2018
More than 60% of adults in the UK still have no will. This tells us that many of us are still not planning for later on in life – but believe it or not, there is a really good reason to do so.
GDPR four months on: What's changed?
Sep 2018
The new General Data Protection Regulation (GDPR) came into force on 25 May this year. It, together with the Data Protection Act 2018 (DPA 2018), replaced existing laws in the UK relating to data protection and became an obligatory requirement across the whole of the European Union. Even though this had been bubbling away in the news for several months, there were concerns that businesses remained relatively in the dark about what they had to do. In the end, the majority of cases saw a last-minute scramble to implement the new regulation – and it appears to be still on-going.
At the end of the day: IHT planning counts
Sep 2018
The benefits of Inheritance Tax planning should not be overlooked. Many of us don’t like to think ahead to later life, but it is important to plan ahead as far as possible to mitigate any heavy costs to our families.
Staying on the right side of the Law
Sep 2018
Back in June, we reported the story of Universal Wealth. The story surfaced to the front of my mind again at the weekend when I read a comment on the legalities around offering advice that is outside of your professional expertise.
Another chapter open in no-blame divorce
Sep 2018
Following on from our recent blog calling for a review of divorce law, more plans have now been revealed to address some of the outdated areas of the law.
Managing a more flexible workforce
Sep 2018
To follow up on a couple of recent news stories relating to flexible work, for employers thinking of adopting change, you will also need to know how to effectively manage a more flexible workforce.
The email train: Does the commute count as working hours?
Sep 2018
It seems the debate about “working hours” rages on. We recently wrote a blog about how working hours have changed and that people are moving towards much more flexible models.
Time to think proactively about later life
Sep 2018
No one likes to think about getting old, or even what would happen to our family’s wellbeing and personal finances if we weren’t here. However, now is as good a time as any to be thinking about it, as yesterday, Sunday 9 September, marked Grandparents Day.
Numbers of dependent elderly are rising fast – Time to be proactive
Sep 2018
According to recent research by Lancet Public Health Journal, and reported by the BBC, the number of elderly people needing 24 hour care is set to double by 2025. This puts the spotlight firmly back on why families need to be taking advice and planning ahead for the future, now.
Another step forward for change
Sep 2018
For regular followers of our blog, you may have noticed a string of stories relating to cases of unmarried couples losing out, simply because they haven’t tied the knot.
Working 9-5: Not the way to make a living
Sep 2018
Despite Dolly Parton's smash hit, it seems that just 6% of working people are sticking to the traditional 9-5 shift pattern, according to a recent survey by YouGov.



