A Deputy can be appointed by the Court of Protection to manage a person’s financial affairs when they are unable to manage them themselves. The person whose financial affairs are being managed is called the protected party. The Deputy can be a...
Press Release 16 th September 2020 Brethertons’ client’s success in unanimous decision of the Employment Tribunal widening the protected characteristic of gender reassignment to include gender fluid and non-binary...
There are many parents across the country whose children suffer from a birth or acquired disability, such as a brain injury or learning difficulties. As they grow older, these children continue to require support to help them to be independent. When you...
Can I transfer my home to my children to avoid it being sold to pay my care fees? For the majority of people, the family home is their most expensive asset and many people are concerned that should they ever require residential care, they may be forced to...
What else is 2020 going to throw at us? Covid19, Lockdowns, BREXIT…if that is not enough The Law Commission published reports in July which could radically and fundamentally change what we recognise as leasehold ownership. If you did not happen to be...
Close family relationships often mean that the donor - the person who grants the Power of Attorney - choses a family member to be their Attorney. With Lasting Powers of Attorney for Property and Finance once they are registered at the Office of the...
“Did someone say commonhold?" I heard of that once..back in the 1990’s. The concept of Commonhold was initially introduced under the Commonhold and Leasehold Reform Act 2002. Although popular and widely used in other countries it did...
When you are appointed as an Attorney for someone under an Enduring or Lasting Power of Attorney to deal with finances, it can be confusing to understand when and how you can start helping the donor (the person who made the Power of Attorney) with their...
A residential long lease can be quite a long and confusing document. So much so that many leaseholders confess to not having actually read their own lease in full. Even if you have read your lease fully, can you remember everything you can and...
To most of us, the word ‘holiday’ conjures up thoughts of time off, leave, or a break, suggesting a bit of respite from the humdrum of everyday life and some of those parental duties that dominate the daily grind. This year however, for some,...
In a previous blog ( click here to read ) I discussed some of the things to be wary about when drafting your own Will or instructing a company to draft your Will on an “execution-only” basis, ie. without getting any legal advice. ...
With lockdown still affecting a lot of people whose health could be at risk if they catch Covid-19, we are supporting our loved ones in lots of different ways. Keeping in touch Some families and friends have made sure that their relative feels supported...
One of the ways in which sellers can protect their business against buyers that do not pay for goods, is to incorporate a Retention of Title (ROT) clause in their Terms and Conditions of sale. The purpose of this blog is to highlight some of the pitfalls of...
In this blog, litigation Lawyer Sioban Calcott, gives an insight into her top tips for avoiding bad debts. As we inevitably head into what is likely to be one of the deepest economic recessions in our lifetimes, it is fair to say that many businesses are...
I am often approached by employees who have received a Settlement Agreement from their employer indicating that “all I need is a signature from you and then I get my payment”. Unfortunately, when executing a Settlement Agreement as a...
The lockdown has been a great opportunity for most people to finally get around to that bit of DIY, decorating or, in some cases, complete overhaul of their properties that they’ve been wanting to do for a while. However, if you are a long...
Whilst there are benefits to spending more couple and family time together, this prolonged period of isolating ourselves from family, friends and the outside world has potentially put a strain on the happiest of relationships. I have recently read about or...
Many people think that having a Lasting or Enduring Power of Attorney to deal with their finances is all that they need in case they are not able to deal with their finances - but what happens about decisions for your health and welfare if you are unable to...
In recent years, people have been thinking about how they can protect themselves in the event that they lose capacity in future. Unfortunately, sometimes those protective measures cannot be put in place in time. As solicitors, we often see people in a...
It is a sad fact that one of the outcomes of the pandemic is that many hundreds of thousands of people will lose their job as a result. Employers will seek to enter into Settlement Agreements with members of staff. The purpose of this blog is to...
Powers of Attorney - They can’t manage their finances anymore – can I keep using the joint bank account? This is a question many people can face. Joint Bank accounts They may have always shared a joint bank account with their spouse or...
As mooted in a previous blog, lots of children and young people have returned to school with mixed feelings; glad to see some of their friends but a little resistant to a more structured day with some pressure on them to demonstrate learning. For some...
In short, the answer is yes you certainly can. However, it would be fair to say that it may take many months if not years for claims to be resolved. It is common knowledge that the Chancellor Rishi Sunak has recently confirmed that the Treasury will...
Divorce is difficult for anyone in any circumstances but the strain COVID-19 has placed on married and unmarried couples is significant and with so much uncertainty surrounding employment, house prices and pension values at present, a common question we are...
The short answer is that everyone should have an up to date Will to ensure that their wishes are put into effect after their death. However, it is particularly important to check whether you need to make, or amend a Will when you are going through any...
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