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Author: CJCH Media Office

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How to Leave Your Business in Your Will

According to the Institute for Family Business, there are 4.8 million family businesses in the UK, making up 85% of all businesses and generating over 25% of the country’s GDP.

Tax receipts from family businesses generate more than the entire budget for the NHS! They are vital for the British economy and for families. This makes it even more vital to ensure your business is taken care of when you are no longer around.

Whether you are a 2nd or 3rd generation family business owner or spent your life starting your business from scratch, it is important to get your affairs in order ahead of time.

There are high risks to your business with not adequately planning to pass on your business to your loved ones. Alexis Thomas, experienced Chartered Legal Executive at CJCH Solicitors explores how you can leave your business in your Will. It is never too early or too late to start thinking about your future and the future of those left behind when you are no longer around.

What, if any, impact would your business or shares have if you died without including them in your will?

If your business or shares are not included in your Will, they could end up being sold, broken up or pass as part of the residue of your estate. They may end up with someone who is not able to run the business because of a lack of knowledge and experience. A minor will experience difficulties continuing the business if shares are left to them.

How can a solicitor help you leave a business or shares to someone in your will?

A Solicitor can ensure you direct who the business or shares will end up with. Furthermore, they advise you on who is best to control your business. They can decide the best structure for the Will, such as leaving the business or shares in a discretionary trust. This will give your family the benefit without direct involvement in the business.

Solicitors advise on other options for your business, such as shareholder agreements and life assurance policies. These options protect yours and your business partner’s interests.

Getting proper advice ensures you can continue to control what happens to your business assets and shares once you have passed away.

Do other shareholders have to accept a new shareholder if you leave shares in your will?

The Testator cannot force other shareholders to accept a new shareholder if leaving shares in their Will. Any share transfers in a Will will be governed by shareholder agreements or partnership agreements etc. In this scenario, the likely option is to sell the shares and gift the value, rather than the shares themselves.

What disputes can arise when leaving a business or shares to someone in your will?

The business may face disputes between shareholders if the business position is not effectively considered. If the shareholders cannot reach an agreement, neither shareholder will have control of the company.

Generally, problems will arise in the event the business is left to a minor with no partnership agreement in place. If the decision-making process becomes paralysed, it could end the business, which has serious tax consequences.

What inheritance tax issues should someone leaving a business in their will be aware of?

If someone owns a business, creating their Will in the most tax-efficient way will help minimise Inheritance Tax (IHT). Passing a business in their Will can lead to a large IHT bill.

As a result, the Executors may have to sell the business to pay the IHT bill. Qualification for Business Property Relief (BPR) will allow a person to pass on a part of the business free of tax. However, not all businesses qualify for BPR.

Therefore, the solicitor needs to know everything about the business to advise if BPR applies. Solicitors can advise clients to leave assets that qualify for BPR to other family members such as children so that they are not passed to spouses who are eligible for a different IHT relief.

How we can help:

It is never too early or too late to start thinking about your future, and the future of those left behind when you are no longer around. The team at CJCH has extensive experience in Wills & Probate; Tax & Estate Planning. Get in touch with a member of our team today:

Telephone: 0333 231 6405

Email: privateclients@cjch.co.uk

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Valentines Day & The Rights of Cohabiting Couples

With Valentine’s day upon us and romance in the air, many couples will be considering the next stage of their relationship and consider moving in with each other.

Cohabiting couples are the fastest growing family type in the UK, doubling in 20 years to 3.4 million couples. With many cohabiting couples having children, just how much do you know about your rights in a cohabiting partnership?

Sarah Perkins, Family Law Solicitor at CJCH Solicitors, discusses the differences in the rights between married and unmarried couples. Also, how unmarried couples can protect their assets and their children in the event of a relationship breakdown.

What does “common law marriage” mean and is it legally valid?

Common-law marriage in the UK is a myth. The term refers to unmarried couples who are cohabiting.  Worryingly, many people in the UK believe that “common law marriage” exists and that unmarried couples enjoy the same legal rights as married couples. However, this is not the case.

How do the rights of married and unmarried couples differ?

There are significant differences between the rights of married and unmarried couples. This applies throughout the marriage, death and divorce. For example, if an unmarried partner dies without leaving a will, the surviving partner will not inherit anything (unless they jointly own property). Whereas a married partner would automatically inherit under the rules on intestacy.

Additionally, regardless of how long the couple has lived together, an unmarried partner who stayed at home to care for children to the detriment of their earning capacity cannot make claims for property, maintenance or pension.

What is a cohabitation agreement and what are the benefits of unmarried couples having one?

A cohabitation agreement is a written document which sets out the parties’ intentions regarding their assets. If the relationship ends, the agreement provides certainty regarding the division of property. An agreement can include the following:

  • Who is responsible for the payment of rent/mortgage and household bills
  • Ownership of personal belongings
  • Ownership and shares of jointly owned property

A cohabiting agreement works like a contract and provided it is drawn up correctly, will be enforceable.

How can unmarried cohabiting couples make sure their children are protected?

A cohabiting agreement can lay out contact/living arrangements and maintenance for any children from the relationship. Consult a solicitor who will draft an agreement that best protects children in the event of a relationship breakdown

How else can a solicitor advise cohabiting couples on protecting their assets and each other?

If properties are purchased jointly but with unequal contributions & payments to the mortgage & other expenses, the property should be held as Tenants in Common & a Deed of Trust drawn up upon purchase reflecting the arrangement.

Finally, it is vital couples cohabiting have up to date wills. The wills will reflect who should inherit their shared assets and belongings in the event one of the partners passes away

How can we help?

CJCH has extensive experience dealing with family matters in a nurturing and compassionate way. For more information, get in touch with a member of our team today:

Email: family@cjch.co.uk

Telephone: 0333 231 6405

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Getting Married Abroad – Everything You Need To Know

If you dream of getting married abroad on a sunny beach with pristine white sand, you are not alone. The number of Brits saying ‘I do’ abroad continues to rise.

But it’s not just sorting out the dress and worrying about a wedding speech – you will need the correct documentation, which can cost money and take time.

Fortunately, Sally Perrett, family solicitor at CJCH, outlines everything you need to know about tying the knot abroad.

What conditions must be met for a marriage or civil partnership which has taken place abroad to be valid in the UK?

Firstly, the marriage has recognition as a legal marriage in the country in which it took place. Secondly, the parties have complied with the procedures in the country of marriage. In addition, each party must have the capacity to marry under the laws of the relevant country. Capacity covers issues such as age, consent and mental capacity. Finally, any previous marriage (if relevant) must have ended before marrying again.

What paperwork do you need to take with you when marrying or entering into a civil partnership abroad?

The full legal requirements will vary from country to country, but every country will require the bride and groom to have the following documents:

  • Valid 10-year passport with at least six months remaining on it
  • Full birth certificates
  • Deed poll proof of any name change
  • Decree absolute, if married
  • Marriage and death certificates of a deceased spouse, if widowed
  • Adoption certificate, if adopted
  • If marrying in a non-English speaking country, translation of documents may be required and given an apostille (additional certification of authenticity) to validate the document abroad. The Foreign Office carries out this service.

Other documents required:

Certificate of No Impediment (CNI) – Each party will need one to prove there is no reason they cannot marry. This document is obtainable from a local registry office or embassy. They take around a month to issue, cost £30 and last for 6 months from the date of issue. They are required in Aruba, Cyprus, Greece, Italy, Malta and Turkey

Single Status Statutory Declaration – similar to the CNI, it proves the couple are free to marry. They must be stamped and certified by a solicitor in the UK. Countries that require this are Antigua, the Bahamas, The Dominican Republic, Kenya, Seychelles and Sri Lanka.

What are the main issues people run into when marrying or entering into a civil partnership abroad?

Generally, not leaving enough time to ensure correct documentation. Indeed, this may be the most complicated part of the wedding preparations! Ensure you leave enough time as certifying a document through the foreign office can take up to 6 weeks.

Are there any countries that have special requirements for getting married abroad?

Each country will have its own specific requirements. Make sure you do your research and check the rules beforehand. Some countries, such as Mexico and Turkey will require medical/blood tests so check before. Consult a solicitor with experience on these matters prior to the wedding.

What top tips would you give to someone looking to get married or enter into a civil partnership abroad?

Cost and time! Remember to factor the cost of obtaining documents into the wedding budget and the time to obtain documents. Be sure to speak to a solicitor if you are unclear about the documentation you may require.

How can we help:

CJCH has extensive knowledge and experience in family & matrimonial matters. Get in touch with a qualified member of our team today.

Email: family@cjch.co.uk

Telephone:  0333 231 6405

 

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Travelling Abroad with a Package Holiday – Know Your Consumer Rights!

Deb SpeddingThe number of Brits seeking winter sun in the new year continues to rise. 29% of people plan to take a break this winter, which represents a 16% increase over the year before. But just how aware of your rights as a consumer are you? Debra Spedding, a commercial solicitor at CJCH, takes a look at your rights if your package holiday is cancelled or your provider goes bust.

What rights do you have with a package holiday that you don’t have with independent holiday bookings?

Package holidays are usually all in one deals, and this applies to the level of protection that you get. Package holidays sold through UK travel companies have a requirement to protect the consumer through the government-backed ATOL scheme. There is no such protection for independent holiday bookings so the consumer will have to rely on any travel insurance purchased.

What does “ATOL Protected” mean and why is it important?

The Air Travel Organisers Licensing scheme (ATOL) is a financial protection scheme run by the civil aviation authority which protects package holidays sold by UK businesses. Its importance comes from the need to protect consumers if their travel provider goes bust either before or during their holiday. If you are unsure whether your holiday provider is an ATOL holder, use their website to check so that your rights as a consumer are protected.

If your travel provider goes bust, what rights do you have when it comes to compensation?

Provided that your booking is ATOL protected, you may be entitled to a full or partial refund. Ensure you check your ATOL certificate and your travel insurance documents.

What rights do you have if your travel provider goes bust while you are abroad?

Again, provided that your booking is ATOL protected, you will be able to finish your holiday and fly home. If not, you will, unfortunately, have to travel home by your own means.

What can you do if you feel that your consumer rights have been breached while on holiday abroad?

Make sure you speak to a solicitor with experience in these matters! You should raise a complaint in writing, ensure that you keep all relevant travel documentation and check your insurance.

How can we help?

If you need to speak to a solicitor about a matter regarding your consumer rights, get in touch with a member of our team today.

Email: commercial@cjch.co.uk
Telephone: 0333 231 6405

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New Year, New Will?

The New Year is often a time for reflection for many. This is especially true as we start a new decade. And whilst many may have chosen their new years resolutions, one we should all make is to make or update our will.

Shockingly, over 50% of Brits don’t have a will, which can cause distress and financial hardships for your loved ones left behind.

So as we leave one decade behind and look to the future, our specialist solicitor, John Moore answers how a solicitor helps you write or update your will, and why the New Year is a great time to do it

Talk us through the process of making a will and how a solicitor can help.

Firstly, making a will can be quite straightforward if using a solicitor! The solicitor will talk to you about your circumstances and ask you how you wish to distribute your money, property and possessions.

The solicitor will then prepare a draft for you to check you are happy with before arranging to sign it. Importantly, a solicitor ensures the will is drafted correctly, signed and witnessed properly to ensure its validity

What could happen to your estate if you die without a valid will in place?

If you die without a will the ‘rules of intestacy’ apply. Crucially, this may mean that your estate could go to someone you may not want it to. Alternatively, someone you intend to leave a portion of your estate to could lose out.

What are the risks of using a DIY wills kit or an unregulated service?

With DIY kits it is easy to make a mistake that makes your will unclear, or worse, completely invalid! Therefore, having a solicitor experienced in will writing provides peace of mind that your affairs will be taken care of.

Why is it important for everyone, no matter their age, to consider making or updating their will?

The unexpected can happen to all of us at any time so you are never too young to make a will. Our lives constantly change with new relationships, children or acquiring different assets.

Therefore, not only is it a good idea to have a will in the first place but to update it periodically based on these changes.

Why is the New Year a good time to make or update your will?

The New Year is often a time for reflection for many and a fresh start for the new year. It’s a good time to get a will ticked off your list of things to do!

How can we help?

The team at CJCH has over 35 years experience in wills drafting, tax and estate planning. Get in touch with a member of our team today.

Email: privateclients@cjch.co.uk

Telephone: 0333 231 6405

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The Biggest Challenges SMEs Face – & How to Overcome Them

Business Law

Saturday 30th November marked Small Business Saturday, which celebrates small business across the United Kingdom. SMEs face several challenges in an uncertain market, from maintaining profitability, attracting new customers and retaining valuable employees.

Gareth Thompson

Gareth Thompson, Commercial Solicitor at CJCH, discusses the common challenges faced by SMEs and how advice from a specialist solicitor provides value to a small business.

What are the most common legal issues SMEs face?

Most common legal issues arise from failing to adequately have in place contracts between employees & suppliers. Additionally, poor management with cashflow or credit control causes issues for SMEs.

What are the different business structures?

Whether it’s a sole trader, partnership, private limited company or limited liability company. Solicitors advise on the different features of business structures. Each has its own advantages and disadvantages. Whilst you can change the structure down the line, it is better to get it right from the outset. Importantly, seek legal advice to choose the correct structure for your business.

How can a solicitor help owners protect their business from copycats?

It is vital that SMEs protect their Intellectual Property! Especially for new businesses – incorporate to get the trade name registered, registering trademarks or patents. Moreover, ensure the service and employment contracts have valid non-compete clauses.

How can small businesses prepare for Brexit?

The dreaded B-word! The UK government published tailored advice to prepare your business – reading that is the best place to start. The link is found here: https://www.gov.uk/business-uk-leaving-eu

Furthermore, if your SME is supplied or exports to the EU, it is imperative to ensure contracts are in place ahead of Brexit. Engage with your partners to asses their own readiness – it’s not just your own business, after all.

What top tips would you give to someone running a small business?

A common issue for SMEs, particularly new enterprises, is maintaining cash flow to sustain growth. It is important to know your outgoings, bundle products & services and encourage repeat business.

Above all, the three golden rules are – have appropriate contracts in place! Protect your IP! Ask for help/legal advice! The last point is especially important, seeking legal advice can save your SME costs down the line.

How can we help

CJCH’s commercial services span the full spectrum of corporate and commercial requirements. From start-ups, medium-sized and large organisations, we provide legal support and advice to leverage opportunities and minimize risk to your business.

Get in touch with a member of our commercial team today.

Telephone: 0333 231 6405

Email: commercial@cjch.co.uk

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Breaking Down Misconceptions of Speaking to a Solicitor

Ask someone to name the first things that come to mind when they think of lawyers, they probably think: stuffy, unapproachable, and too expensive. Whilst we are not all like that (I promise!), it is understandably daunting to speak to a solicitor. Especially if it is the first time you need to.

The legal profession has made strides in recent years to shed this image of the stuffy Oxbridge-type lawyer. However, misconceptions remain. Rebecca May, Solicitor at CJCH breaks down these common misconceptions. If you have a legal matter or need legal advice, speak to a solicitor. We are experts in our field, will always try to get the best outcome for our client and we don’t bite – well, most of us don’t!

What are the main misconceptions you think clients have about speaking to a solicitor?

Many clients are understandably intimidated when approaching a solicitor. Usually for fear of not understanding the legal jargon that is often used.

Historically Solicitors were portrayed as unapproachable and pompous. Furthermore, it was often thought that their only intention was to charge extortionate fees for their works.

How do you make sure clients find you approachable?

Speaking to clients in plain English is key! I explain legal terminology as simplistically as possible. This helps ensure that the client understands the legal principles most pertinent to their matter.

Our friendly approach makes our client feel at ease and able to ask anything that they may otherwise think is a “stupid” question. To reinforce this point – there is no such thing as a stupid question!

What advice would you give to a client who wanted to pursue a case which you didn’t think they needed to?

The best advice is to think with your head and not with your heart to establish what the desired outcome is. Unfortunately, it is easy to let your emotions cloud your judgement.

The client will always receive an honest assessment of the viability of the case. Additionally, the client will receive a realistic indication of the cost and timescale so they can make a rational decision.

How does specialist advice from a solicitor provide value for money?

Paying for something intangible oftentimes seems difficult to understand. Important to remember, when paying a solicitor, you pay for the time and professional advice that is provided to you.

We endeavour to keep our charges as competitive as possible whilst ensuring that the best service is given to the client.

Many people think they can deal with their legal issues alone, what pitfalls can clients fall into without professional legal advice?

While it can seem attractive to carry out the work yourself this is inadvisable. Overlooked legal intricacies by someone unqualified can cause unnecessary costs down the line. For example, you would see a dentist if you had a toothache and would rely on their professional knowledge & expertise – the same standard applies to legal matters, too.

Moreover, many people increasingly look to the internet to answer legal questions. Whilst that is helpful to get a preliminary understanding of an issue, it is not an adequate substitution for any professional service you may require.

How we can help:

CJCH is an award-winning firm with over 35 years’ experience in personal and business legal matters. For more information, get in touch with a qualified member of our team today.

Telephone: 0333 231 6405

Email: admin@cjch.co.uk

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Purchasing a Property at Auction – The Process Explained

Joanne LerwillPurchasing a property at auction is not something that just exists on ‘Homes under the Hammer’ – it’s an exciting process to buy property! Whether purchasing a buy-to-let or as a project to do-up, it’s important to be aware of the issues that can arise in this process.

Joanne Lerwill, an experienced Licenced Conveyancer at CJCH, discusses five areas of importance when considering purchasing a property at auction.

Know the process for purchasing a property at auction

The process of purchasing a property at auction is different from the usual process of buying a property. It is vital that you do your research beforehand and arrange a viewing to inspect the property.

It is important to understand the difference between the guide and the reserve price. The guide price is the starting price at which the bid will commence. Whereas the reserve price is the minimum figure the buyer will accept. The reserve price is not disclosed to the bidders but is usually 10% higher than the guide price.

If successful in your bid, you are bound by the terms and conditions when the gavel falls! You must sign the contract and pay the deposit on the spot, so make sure your finances are in place.

The main difference from purchasing a property at auction and buying through an agent is timescale. An auction works on a fixed timescale for exchange and completion. It provides speed and certainty for the buyer and seller. Whereas purchasing through an agent has no fixed timescale for exchange or completion.

Understanding the legal pack

A legal pack is the set of documents prepared by the seller’s solicitor/licenced conveyancer. Fortunately, a copy is available in the auction room and will be available to download via the property details page. The pack includes:

  • Official copies of Title held at the Land Registry
  • A local search/any other searches
  • Special conditions of sale
  • Property information form
  • Management information, leases and tenancy agreements if the property is a leasehold

The purchaser should look through the pack and seek advice from a solicitor that specialises in auction properties. Especially important if there is anything onerous in the pack for the buyer.

Key issues that arise when purchasing a property at auction

The most common issue is a short window of time to arrange a survey for your solicitor to check the legal pack. Worryingly, it is easy to get carried away ad go over budget! Make sure all of your financial arrangements are in order. No turning back after the gavel falls!

Top tips for purchasing a property at auction

Imperative you research the property, arrange viewings, ask questions and obtain a copy of the auction particulars.

Just be prepared! Stick to your budget! Check the small print!

Importance of seeking legal advice

Taking a DIY approach might seem attractive to cut costs – but don’t be fooled! Without knowing the process, you could incur costs down the line. A solicitor or licenced conveyancer will use their legal training and study the conditions of the legal pack. Do not take the risk!

How can we help

The CJCH conveyancing team has 35 years’ experience in property matters. Our reasonable fees, friendly service and expert advice gives you peace of mind. So you don’t have to worry. Why not get in touch with a member of our team today?

Get in touch:

Telephone: 0333 231 6405

Email: privateclients@cjch.co.uk

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Mental Health in the Workplace – Supporting Employees

The government’s Department of Health estimates that one in four will experience mental ill-health at some point in our lives. Importantly, awareness surrounding this issue has increased in the last few years.

Therefore, it is important to make sure that employers support those experiencing mental ill-health whilst promoting positive mental health.

Max Wootton, employment solicitor at CJCH examines the law around mental health discrimination in the workplace. Additionally, he takes a look at how employers can make sure they are acting within the law.

What rights do employees have in the workplace when it comes to their mental health?

Employees have a right not to be discriminated against or dismissed due to a disability. The mental health may be covered as a disability under the Equality Act 2010. Employees that fall under this category are entitled to make reasonable adjustments at work that may assist them.

What counts as discrimination? Is this impacted by employment status?

All employees, workers and self-employed persons have the right not to be discriminated against. Furthermore, the Equality Act 2010 explicitly states that it is against the law to treat any person unfairly or less favourably than someone else because of a protected characteristic.

Discrimination is defined in several different forms under the Equality Act; direct or indirect, failure to make reasonable adjustments, harassment, victimisation & discrimination arising from a disability.

What can you do if you feel you’ve been discriminated against because of a mental health issue?

Firstly, you can talk to or confide in a fellow employee for support to discuss your situation. If that is not satisfactory, you can raise a formal grievance regarding the discrimination (important to check the staff handbook for your company’s policies & procedures, first).

Act as swiftly as possible, given there is usually a 3month time limit to bring an Employment claim, from the date of the last act of discrimination.

However, if you are unable to raise the issue with your employer, you can contact ACAS, Citizens Advice, or bring a claim in an employment tribunal.

Can employers ask about a potential employee’s mental health before employing them?

Employers can ask about this but proceed with caution. However, if the mental health turns out to be a disability and the employer does not employ the employee due to the disability, it will be discrimination. The employer will only be able to ask questions in the context of finding out how they can take actions to assist the employee.

What can employers do to ensure they’re acting responsibly and within the law when it comes to mental health?

Firstly, employers should ensure that employees are provided with a forum where they can be open and transparent about any issues they face.

Secondly, the staff handbook should contain policies where staff can confide in their employers and share their problems. If necessary, the employer should make reasonable adjustments for employees who have a mental health disability.

Finally, provide training for employers to ensure they are aware of what constitutes discrimination towards fellow employees.

How can we help?

Our qualified team of solicitors is here to assist with your employment problems. If you would like to discuss an employment problem or questions over your employment contract, then contact a member of our team today.

Telephone: 0333 231 6405

Email: employment@cjch.co.uk

Announcements

Winner: Public Law Team of the Year 2022 – Wales Legal Awards

We are proud to announce that the CJCH Court of Protection team was named the Public Law Team of the Year in the 2022 Wales Legal Awards. Recognising the work they do with individuals who lack the capacity to act in their own best interests.

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Winner: Cardiff Life Awards 2019

With a dedicated focus on service excellence, and a passion for innovation the CJCH team was the proud winner of the best Legal and Financial Business of the Year in Cardiff for 2019!

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CJCH Solicitors appoints new Board member

Wales top 20 Law Firm and 2018 Financial and Professional Services Firm of the Year in the Cardiff Business Awards - CJCH Solicitors, has announced a major promotion in their leadership team welcoming Jodi Winter to their Board.

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Winner: Cardiff Business Awards 2018

CJCH Solicitors has experienced unprecedented growth and achieved important milestones over the last few years, all of which have culminated in the first half of 2018 being a prosperous year for us at the Firm and winning the Financial and Professional Services of the Year award.

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