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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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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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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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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

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Supporting Clients Through A Relationship Breakdown

A relationship breakdown is an emotional and worrying time for a family. For a solicitor, it is not only important to understand the legal issues a client faces, but also take the time to understand the client’s wider situation. Sally Perrett, Family & Childcare solicitor at CJCH, discusses how she supports clients experiencing a relationship breakdown.

As a solicitor how do you ease stress for clients throughout a relationship breakdown?

The end of a relationship is an extremely difficult situation. Personal trauma and financial issues can cause stress & there needs to be a focus on protecting children from the impact of the relationship breakdown.

With so many stressful issues, it is important the client receives practical advice that reassures them about the factors to consider. This will hopefully alleviate the pressure felt by the client, knowing their matter is handled sensitively

Why is it important to build trust with clients facing a relationship breakdown?

Often, when a client is facing a breakup, they are emotional, feel let down and very worried about what the future holds. A client needs reassurance and generally someone they can rely on to approach their case with sensitivity and discretion.

Do you find that there’s an element of providing emotional support as well as legal advice when it comes to family law matters?

Of course, there will be an element of emotional support required during such a traumatic time in a person’s life. Often clients find it difficult to separate practical matters from personal issues. Therefore, these need to be dealt with empathetically

What advice would you give to someone facing a relationship breakdown?

We would advise the client to take their time & not make big decisions too quickly under stress. Take a measured approach towards practical matters & the implications of the relationship breakdown.

Importantly, no two cases are the same, one client may want to protect their assets whilst another seeks the most favourable arrangements with respect to their children. It is important clients make measured decisions based on the practical advice they receive

How do you feel your advice brings value to clients during a relationship breakdown?

It is vital that a client feels they can rely on their solicitor for a realistic, sensible approach. The client should feel in ‘safe hands’ at their vulnerable time. Finally, it is imperative solicitor’s advice alleviates pressure the client is facing.

How we can help:

Our team has extensive experience in supporting clients in what can be a difficult and confusing time. The breakdown of a relationship brings with it distressing repercussions and our team is here to help you in a compassionate and nurturing way. Get in touch with a member of our team today.

Telephone: 0333 231 6405

Email: family@cjch.co.uk

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Supporting SMEs with Legal Issues

Running a business is in equal parts exciting and daunting. It involves complex legal issues which are overwhelming without the proper legal advice. CJCH’s commercial solicitor, Gareth Thompson, discusses the most common issues faced by SMEs and the value a commercial solicitor brings to a business.

How do you support businesses that are just getting started?

It is important to ensure incipient businesses have all the relevant documents in place to begin trading. This will vary from business to business but will usually include employment contracts, insurance, due diligence and risk assessment. Finally, it is crucial that the business takes steps to protect its intellectual property, which may not be at the forefront of the owner’s mind.

How can a business solicitor help an SME choose the right business structure?

This will depend on the needs of the business owner. Each business structure has its own strength, seeking legal advice will help you choose the right one. The most commonly chosen business structures are as follows:

  • Sole Trader
  • Partnership
  • Limited Liability Partnership (LLP)
  • Limited Liability Company (Ltd)

What are the most common legal issues SMEs face and how can solicitors help business owners avoid them?

The initial issues faced by SMEs usually revolve around setting up employment contracts and drafting articles of association. Whilst it might be attractive to business owners to use standard templates for these documents, there is a real risk that they do not suitably protect your business interests. This might lead to costs for the business later. Consulting a solicitor in the first instance mitigates this risk.

How can SMEs ensure that they are GDPR compliant? Why is this important?

Ensure that staff are appropriately trained and appoint someone as GDPR liaison within the company. Compliance is crucial as the Information Commissioners Office can issue large fines for companies in breach.

What are your top tips for someone looking to start their own business?

Get contracts written! Get insurance! Protect your Intellectual Property! Continue to seek legal advice from a commercial solicitor as the business matures.

How can we help?

The CJCH commercial team’s services span the full spectrum of corporate and commercial requirements. From startups to SMEs & large organisations, we provide legal support and advice to leverage opportunities and minimise risks to your business.

Get in touch via:

Telephone: 0333 231 6405

Email: commercial@cjch.co.uk

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Supporting Employees & Gender Identity

The month of June marks Pride Month, celebrating the LGBT+ community worldwide.

CJCH joined a discussion looking at how employers can support employees when it comes to expressing their gender identity and how they can make the workplace a safe and understanding environment

It must be daunting for an employee to express to an employer, or their fellow colleagues, their gender identity. Unfortunately, discrimination in the workplace around individuals expressing their gender identity still exists. The biggest barrier to inclusion is a lack of knowledge amongst employers and employees. Therefore, raising awareness of these issues is vital to promote inclusion. Our solicitor, Myles Thomas, outlines how employers can best support their employees expressing their gender identity.

What is The Equality Act 2010 and The Gender Recognition Act 2004 and how do they protect employees?

The Gender Recognition Act 2004 allows people in the United Kingdom who have gender dysphoria, (which is the condition of feeling one’s emotional & psychological identity as male or female to be opposite of one’s biological sex), to change their legal gender.

The Equality Act 2010 protects individuals in Great Britain from (either direct or indirect) discrimination, harassment and victimisation. There are nine protected characteristics, which are:

  • Age
  • Race
  • Gender Reassignment
  • Pregnancy and Maternity
  • Disability
  • Religion or Belief
  • Marriage & Civil Partnership
  • Sex
  • Sexual Orientation
When it comes to employees who are transitioning, or who are expressing their gender identity, what is classed as discrimination?

You are entitled to protection from discrimination if you identify as transgender under the Equality Act 2010. Discrimination occurs under four categories:

  • Direct: When someone treats your worse than another person in a similar situation because you are transgender
  • Indirect: Where an organisation or employer has a policy or way of working that puts transgender people at a disadvantage
  • Victimisation: When you are adversely treated because you have raised the issue of gender reassignment discrimination under the Equality Act. You may also be victimised if you are connected to someone who has complained about gender reassignment discrimination.
  • Harassment: Where someone makes you feel humiliated, offended or degraded because you are transgender.
What are the consequences of discriminating against an employee because of their expressed gender identity?

The employee who is discriminated against could make a claim in the County Court or Employment Tribunal. The result is potentially a large financial penalty. For the individual in question, this may cause emotional distress and affect job performance.

How can employers make sure they are fully equipped to support an employee expressing their gender identity or transitioning?

The effectiveness of a ‘one size fits all’ approach is unlikely. The process is an ongoing one and every person expressing their gender identity is different. However, a good start for employers is open-mindedness to the needs of their employees. Moreover, take the time to understand their concerns. Additionally, awareness of potential health issues with gender reassignment. If an employee requires time off work, then these periods of time off should be treated the same as an employee needing time off for health-related issues.

How can employers make their workplace a safe and understanding environment for employees, no matter how they identify?

It is important to have a clear diversity policy, which is properly enforced & available to employees. Above all, the policy should state that employers will not tolerate any kinds of discrimination. There should be consideration for how to raise concerns and how to best protect individuals. Finally, regular training of employees and of HR employees will help create a culture of inclusivity and acceptance.

How can we help:

Seeking specialist employment law advice is essential to achieve the best outcome to a grievance, dispute or claim against a past, prospective or current employer. We recognise the importance of resolving sensitive employment difficulties. Speak to a member of our team today.

Get in touch via:

Telephone: 0333 231 6405

Email: employment@cjch.co.uk

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Living with Dementia and Planning Future Care

A dementia diagnosis is undoubtedly devastating news for individuals and their families. Although it might be hard to discuss, it is important to plan for your future care and ensure your wishes are carried out.

John Moore

This week, CJCH took part in a discussion with the Law Society as part of their Dementia Action Week campaign. Our specialist solicitor, John Moore, joins the conversation, which aims to unite people through discussing living with dementia and planning for future care.

How can a solicitor help someone living with dementia plan for their future?

If a person still has mental capacity, a solicitor can put a Lasting Power of Attorney (LPA) in place to ensure that the person’s finances are managed in the future.

What are Lasting Powers of Attorney and what do they cover?

An LPA grants a trusted individual the power to make decisions on behalf of the donor, if the person is unable to make the decision themselves. There are two different types of LPA. They are for health & and welfare, and for property & financial affairs. It is possible to draw up one or both. Moreover, a different person can be appointed for each LPA, or both can be the same.

What is a deputy and how can you become one?

A deputy is someone appointed by the Court to manage someone’s affairs where they don’t have the mental capacity to make an LPA. A Court application is needed.

What is an advance statement and how can it help someone living with dementia?

An advance statement is a way to provide instructions about your wishes to assist people in making decisions about your health or social care in the future – especially if you lose the capacity to make decisions or communicate them.

What advice would you give someone living with dementia when it comes to planning for the future?

Undoubtedly a difficult topic to discuss, it is important to plan by making an LPA and clearly set out your wishes so that you are cared for properly and receive the assistance you need if your health were to deteriorate.

How can we help?

At CJCH, we use our combined expertise to help you plan for your future care. For more information, contact us via:

Telephone: 0333 231 6405

Email: privateclients@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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