August 23rd, 2011
It is said that “there is only one certainty in life” and whilst we may all appreciate that a will is a sensible document to have in place to guard loved ones we do not always think of protecting those same loved ones from the effect of “mental incapacity”.
One in three of us will develop dementia. We may suffer a stroke, or have bouts of debilitating mental illness. Who then will look after your best interests?
If you lose your mental capacity without having made arrangements, the law can be full of unforeseen complexities. What often happens is that the person’s assets are frozen leaving relatives unable to use the person’s money for their care.
You might assume that if you have a joint account, or a house in joint names, you are fine. Not so. Someone lacking in capacity cannot sign a deed to transfer a half share of a house, or consent to expenditure from a joint account even if this is done in the person’s best interests.
The good news is that you can protect against mental incapacity. Lasting Powers of Attorney allow people to nominate a friend, loved-one or professional (such as a solicitor) to look after their affairs when they cannot do so. They are registered upfront giving piece of mind that their Attorney is accountable to the Court and to relatives.
For more information please ask one of our private client solicitors about Lasting Powers of Attorney , visit www.crombiewilkinson.co.uk or call 0800 027 5999.
Tags: assets, assets frozen, Crombie Wilkinson Solicitors, Deed of Transfer, dementia, joint account, Lasting Powers of Attorney, LPAs, mental capacity, mental illness, mental incapacity
June 29th, 2011
It is entirely possible to apply for probate and deal with an estate, without seeing a lawyer, but it’s not without risks warns legal group, Solicitors for the Elderly (SFE).
Many professionally drafted wills contain trusts to save tax, to avoid those who inherit paying care fees and to reduce the likelihood of potential disputes. SFE members have noticed an increase in ‘DIYers’ returning to them to seek advice when they have made a mistake or find the paperwork too tricky. Mrs A’s Will had included a tax saving trust, but when her husband administered the estate, he paid the whole estate to himself. The solicitor was thankfully able to sort out the matter and avoid future complications occurring when Mr A eventually dies. In Mr G’s case, he sold some shares that had made a gain during the administration of his late sister’s estate and had to pay tax. If he had transferred the shares to himself first, before selling them, he could have avoided the tax.
Local SFE member, Sharon Richardson said ‘People aren’t always aware of the complexities and assume probate work is straightforward. It is true that it can be, but it is just as true that sometimes it isn’t. In all but the most straightforward cases, it is important to seek timely specialist legal advice that can actually save you money and worry.’
Many SFE members’ practices will offer to work in partnership with the deceased’s family to help and support them with the legal and technical work. As elder law specialists, members can even add value to their work, for example by identifying cases where money is owed to the estate for care funding, which should have been met by the NHS and assist in making a claim.
For further information please contact the Wills, Trust and Probate team at our office most convenient for you. Please contact the York office on 01904 624185, the Selby office on 01757 708957 and the Malton office on 01653 600070 or visit www.crombiewilkinson.co.uk .
Tags: Crombie Wilkinson Solicitors, DIY probate, estate administration, Malton, probate, Selby, Sharon Richardson, Solicitors for the Elderly, tax, tax saving trust, trusts, Wills, York
June 7th, 2011
From 26 May 2011, the law concerning the use of cookies and similar technologies for storing information on a user’s computer equipment changed. A cookie, also known as a web cookie, browser cookie, and HTTP cookie, is a piece of text stored on a user’s computer by their web browser. A cookie is used for a number of reasons including authentication (to save you having to login over and over again to the same website), storing site preferences, shopping basket contents or anything else that can be done through storing text data.
If your website uses cookies and puts them on to a user’s machine or you read a cookie without obtaining consent you will now be at risk of breaking the law. Previously if you wanted to use cookies for storing information, on your website you had to tell visitors to your website how you used those cookies and their options for opting out if they did not want them to be used.
Now, the new law means that you can only place cookies on a device where the user or subscriber has given their express consent. The user must be provided with comprehensive information about the storage of and access to that information and must have given his or her consent for this. The only exception is where the cookie is strictly necessary for a service requested by the user, for example, to operate an online shopping basket.
It has been made clear by the Information Commissioner’s Office (ICO) that organisations with a website must be able to prove they are active in complying with this new law. They have given organisations and businesses that run websites aimed at UK consumers 12 months to comply. The ICO published guidelines in early May identifying three steps you should look to be taking, these guidelines can be read in full in their online document which can be accessed using this link http://www.ico.gov.uk/~/media/documents/library/Privacy_and_electronic/Practical_application/advice_on_the_new_cookies_regulations.pdf
Step 1 – perform an audit on the type of cookies and similar technology used and how they are used on your website.
Step 2 – assess how intrusive the use of cookies is.
Step 3 – decide on the best solution for obtaining consent for your organisation to use.
The ICO has also set out guidance on options that are available to obtain a user’s consent. These are a guide only and technical advice should be sought to see what capabilities will work best for you. The options for consent include pop-ups and similar techniques, terms and conditions, settings-led consent, feature-led consent, functional issues and third party cookies.
Once you have considered how your website uses cookies, the options for how you can gain consent from user’s to continue to use cookies and therefore be compliant with the new law, make sure you are proactive in implementation. The ICO has clearly stated that if it receives a complaint about a website it will deal with it differently for an organisation who has followed the three steps mentioned above compared to an organisation that has done nothing to comply.
For further information please contact Crombie Wilkinson Solicitors on 0800 027 5999 or visit www.crombiewilkinson.co.uk
Tags: authentication, browser cookie, cookies, HTTP cookie, ICO guidelines, Information Commissioners Office, site preferences, UK consumers, web cookie
June 1st, 2011
Crombie Wilkinson Solicitors have become the Founder Member for the York area when they recently became members of Certainty. Certainty is a National Will Register and Will search service. It is used by the legal profession, the public, charities and financial institutions to register and search for missing Wills.
The Certainty National Will Register provides Wills & Probate professionals with a Will register and a Will search service that searches for Wills that have not been registered as well as ones that have. There are no client confidentiality issues at all, only the location of the Will is registered and the existence of a Will remains confidential until proof of death.
“Membership of Certainty for our clients means that once they give agreement to us that they would like us to register their Will with Certainty, they will have the peace of mind of knowing that their loved ones can quickly and easily locate their Will at the time when it is needed”. said Sharon Richardson, Director and legal advisor in the Private Client team at Crombie Wilkinson. “Once their Will is registered with Certainty, it allows their family to locate the Will and records the solicitor’s office where the Will is held.”
If you would like to know more about registering your Will with Certainty, please contact a member of our Private Client team at any of the Crombie Wilkinson Solicitors offices , visit www.crombiewilkinson.co.uk or call 0800 027 5999.
Tags: Certainty, Crombie Wilkinson Solicitors, missing Wills, National Will Register, Sharon Richardson, Will search service, Wills, York
April 11th, 2011
The Pride of Malton and Norton Awards 2011 acknowledged the best that Malton and Norton has to offer through the seven awards that were given out on the night.
A gathering of over 100 guests saw the winners receive their awards at the ceremony held at The Old Lodge Hotel in Malton on Friday 25th March.
Crombie Wilkinson Solicitors were delighted to sponsor the ‘Outstanding Achievement Award’ which this year was presented by Jennifer Bartram to Mr Paul Hannigan, a local jockey known for his local and national achievements in the racing world.
“When we were approached by Steven Swift to be involved in supporting the Pride of Malton and Norton Awards we felt very honoured. Not only has our firm had a long presence in Malton providing local people with quality legal services but many of our staff live in the area and are involved in the local community including the horse racing world. In my agricultural work I am involved daily with the farming and racing community and so was delighted to sponsor this very special event. Racing is part of the town’s life blood and the courage and determination of Paul Hannigan in pursuit of his title an example to us all.” said Jennifer Bartram.
Steven Swift, one of the event organisers and member of the judging panel said “The Pride of Malton and Norton Awards relies on the support of local businesses and we were delighted to have Crombie Wilkinson Solicitors sponsor the Outstanding Achievement category this year. The awards provide an opportunity for the local community to recognise the achievements of businesses, individuals and voluntary groups who make an important contribution to the area and it was great to have a prominent local business such as Crombie Wilkinson as a supporter.”
For further information about the legal services offered by Crombie Wilkinson Solicitors, visit www.crombiewilkinson.co.uk
Tags: Crombie Wilkinson Solicitors, Jennifer Bartram, Outstanding Achievement Award, Paul Hannigan, Pride of Malton and Norton Awards, Steven Swift
March 9th, 2011
Family Law Solicitor Chris Myles discusses the benefits of Mediation in Family Law matters.
Headlines in the news recently indicate there is to be greater encouragement for parties to attend Family Mediation. Indeed from the 6th April 2011 the Ministry of Justice has confirmed that Mediation Assessments prior to the issue of any relevant family proceedings is going to be required with very few exceptions. Is promotion of Mediation by the Government a positive solution to family problems or another attempt by the Government to save money?
It is widely recognised by Lawyers, Mediators and the Courts that an agreement between the parties rather than one enforced by the Court is far more satisfactory and further is more likely to last. The couple can feel that they have had greater involvement in the process and that it is their own agreement rather than an imposed Order.
Mediation in itself is not a new concept although initial participation in Mediation was perhaps a little slow to take off. In recent years Lawyers have increasingly encouraged couples to attend Mediation to resolve their family disputes whether in relation to financial matters or children cases. This has begun to pick up momentum in recent years and is now clearly recognised as a positive alternative to resolving family disputes.
Where the parting is not amicable and matters cannot be agreed, then mediation is a safe environment in which to explore issues in an impartial and practical way. Even though the mediation process does not always produce an agreed outcome for everyone, it is a positive to work through for a number of reasons. It can help retain a channel of communication between the couple, it gives the opportunity of setting out your own agenda, you can retain control over the outcome and can be less expensive both emotionally and financially than ending up in court.
Under the new agreement between judges and the Ministry of Justice, separating couples who want to use the courts, will now have to consider mediation before turning to the courts. If mediation is not a workable option, because one party refuses to take part in it for example, the case can proceed to court. The Court however is expected to consider returning cases back to Mediation if the parties have not properly considered Mediation as an option.
As a trained Family Mediator and solicitor I have seen many Clients that have benefited from resolving their disputes through Mediation rather than through Court. Mediation can help families to reach agreement that is suited to their particular family needs rather than having general settlement terms imposed upon them by a third party.
For more information on any aspect of family mediation please do not hesitate to contact Chris Myles at Crombie Wilkinson Solicitors on 01904 624185. More information and an online family law enquiry form can be found at www.crombiewilkinson.co.uk
Tags: Family Mediation, family problems, mediation, Mediation assessments, mediation process, Ministry of Justice
March 3rd, 2011
From 1st March 2011, the Advertising Standards Agency (ASA) online remit will be extended to cover regulating marketing communications on organisations’ own website, on any third party website which a company has control over and in other non-paid-for space online under their control.
The UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing will apply in full to marketing messages online, including the rules relating to misleading advertising, social responsibility and the protection of children.
ASA rules will mean that companies must ensure all marketing communications on their website(s) are ‘legal, decent, honest and truthful’. So even if you think you are ‘the best company in the world’ this content may be untruthful and in breach of the regulations.
The rules focus on the use of exaggerated claims and ambiguous information in advertising. The rules will require that your website advertising must not be materially misleading or likely to be so.
It would therefore be prudent to review carefully the content on your website advertising and consider what you are saying and where you’re putting it as if you are found to be in the breach of the rules the ASA can make the company alter or withdraw misleading marketing or advertisements. Where they rule a breach in the rules they will publish the decision on their website which will be very damaging to a company’s reputation.
Royal Wedding Holiday
On another note, if you were not already aware, there will be an additional public bank holiday on Friday 29th April 2011 to mark the Royal wedding. Despite what employees may believe, they are not automatically entitled to an additional day of paid holiday, it all depends on how their contract is worded. You need to take in to account how the staff morale may be impacted if you decide to not allow everyone to have the day as an automatic paid bank holiday when the rest of the country is seen to be marking the occasion! In order to protect your business you may wish to take some advice or at the very least check your contracts of employment so you can make the right decision for your business and staff.
If you would like to discuss your employment law matters with Neil Largan, you can contact him on 01904 624185 or on n.largan@crombiewilkinson.co.uk
Tags: additional paid holiday, Advertising Standards Agency, ASA rules, contracts of employment, Crombie Wilkinson Solicitors, employment law matters, marketing communications, Neil Largan, Royal Wedding holiday, website advertising
February 10th, 2011
From 1 October 2012, new laws will begin to come into force requiring all employers in Great Britain to automatically enrol eligible jobholders into a qualifying pension scheme and to contribute to that scheme. There will be a staging process starting with the largest employers in 2012 and moving down to the smallest from 2014. Employers need to start preparing for these changes which may result in additional costs and administration, as well as changes to your existing pension scheme or possibly a new scheme.
Employers will be able to choose to use their existing pension scheme so long as it meets certain standards or another qualifying pension scheme. If neither of these options is used, they will have to pay into the new National Employment Savings Trust (NEST).
All eligible jobholders, including existing employees and new starters (with some minor exceptions) will need to be auto-enrolled from the appropriate start date for your organisation. An eligible jobholder who will qualify for auto-enrolment must meet the following criteria:
- They ordinarily work in Great Britain under a contract;
- They are aged 22 or over and have not reached state pension age; and
- They are paid ‘qualified earnings’ by an employer.
Will I need a new pension scheme?
Your existing pension scheme will be a qualifying scheme if it is either an occupational or personal pension scheme, is a registered pension scheme under the Finance Act 2004 and meets the quality requirements that have been set out.
For Defined Contribution (DC) Schemes and Personal Pension Schemes, there are set quality tests that must be met. If an employer has an existing Defined Benefit (DB) Scheme and they want to use that scheme for auto-enrolment, they must ensure that the scheme meets a test scheme standard.
When will this apply to me?
Whilst the requirements for auto-enrolment will take effect from 1 October 2012, this will take the form of a gradual and staged process over a four year period. The staging will be based upon the size of the employer (using PAYE information).
As well as a gradual introduction of auto-enrolment, there will also be a gradual increase in the contributions that are required for DC Schemes and NEST. The minimum contribution will eventually be 8% of qualifying earnings of which the employer is required to pay a minimum of 3%. If the employer pays 3%, then the employee will be required to pay 4% with a further 1% paid as tax relief by the government all of which must be done over a 12 month reference period. The contributions will be phased towards this level between October 2012 and October 2017.
Employees can opt-out of the scheme and, if they do, no contributions need to be made on their behalf. Fines will be in place for those Employers who coerce employees in to opting out. Employers need to re-enrol employees who opt-out, at least once every three years, so that the employee is presented with the option of joining the scheme again.
What do I need to do in the next few months?
- Check when auto-enrolment will commence for you
- Consider whether any existing pension scheme will qualify and is the most effective method of compliance
- Budget for additional costs
- Plan your process and administrative needs
- Allow sufficient time to consult with employees
- Take professional advice if you are unclear
These new laws will be policed and enforced by The Pensions Regulator and employers will be heavily fined if they do not comply so act now and be prepared.
For advice about employment law matters, please contact Neil Largan at Crombie Wilkinson Solicitors on 01904 624185 or n.largan@crombiewilkinson.co.uk
Tags: auto-enrolment, Compulsory pensions contributions, Crombie Wilkinson Solicitors, Defined Benefit Scheme, Defined Contribution Schemes, Employment law, National Employment Savings Trust, NEST, PAYE, pension scheme, Pensions Regulator, qualified earnings, registered pension scheme, tax relief, test scheme standard
February 4th, 2011
There has been a growing trend in recent years, especially within certain areas of the media, to highlight the concept of a ‘Compensation Culture’. This is usually done with examples involving alleged deadly conker fights in school yards and ice on pavements.
In actual fact, according to the Compensation Recovery Unit statistics in almost all types of claims, save for motor claims, there has been a decrease over the years 2000-2010. This demonstrates that much of today’s culture about more and more people claiming is by and large a myth.
Health and Safety laws have not over the last few years suddenly become more draconian and the system is largely there to protect innocent people from unnecessary accidents and provide a fair amount of compensation when an accident does occur. Compensation is not an automatic right and a claimant still has to prove that the other person or organisation is at fault and has committed a negligent act.
Furthermore the compensation awarded often largely comprises the injured person’s expenses, such as medical charges and care costs incurred in the person receiving help and assistance. Additionally, if a person is off work as a result of their accident they may also have lost wages. Therefore, the claim for compensation will often include a reimbursement of these losses. Effectively, income the Claimant would normally have been entitled to in any event.
Putting matters in to perspective the majority of claimants are simply looking to recover the costs and losses they have incurred as a result of the accident and, unlike the US, there are no large payouts for minor or apparent trivial injuries.
A final thought is to consider one of the legal principles that governs personal injury claims which is that ‘A person should be put in the position they would have been in, but for the accident’. A sentiment that surely most people would share.
If you would like to discuss a personal injury claim, contact one of our personal injury legal advisors at Crombie Wilkinson Solicitors, Tel: 0800 027 5999 or visit our website at www.crombiewilkinson.co.uk
Tags: accident claims, care costs, Compensation culture, Compensation Recovery Unit, Health & Safety, medical charges, negligent act, personal injury claims