Author: numan
Why You Should Write a Will
The purpose of a will is to be able to dictate what is to happen to your possessions and property once you have passed. Money, possessions and property are referred to as an estate.
If you decide you’re not going to write a will, the law then decides what is to happen to your estate.
There are four main reasons as to why you should write a will:
- Make it easier on your loved ones when you pass: if you have written a will, the logistics of your estate have already been dealt with. This takes a heap of stress off your family and friends.
- You can dictate what happens to your estate: this means everything will be distributed in accordance to your wishes rather than in accordance to the law.
- Lower inheritance tax: writing a will lowers the amount of tax that is then to be paid on any money or property left behind.
- Benefits your children: when you write a will, it safeguards your children who are financially dependent on you. You can also specify if you would like to leave some estate outside the family.
Your wishes and how they are carried out
Your will informs people of two main things:
- Who inherits your estate when you die
- Who will see to the distribution of your estate, following any instructions that have been left by you in your will – this individual is referred to as the Executor and more than one person may be given this role. In your will, you may also specify how you would like to be buried or cremated. The role of the executor is to do their best to ensure each one of your wishes are fulfilled, providing they are not breaking the law.
Interested in learning how we can help you to prepare and execute your will and probate requirements? Get a FREE consultation with one of our solicitors in Manchester by contacting us today on 0161 249 5087 or email us at info@versuslaw.co.uk. If you prefer, you can complete our contact form here.
Liz
Nicola Nolan and Natalie Moylan are an excellent conveyancing team. We have used them more than once and recommend them to friends and family (who were also impressed). This time they were involved in us buying a property in Wales and kept us informed all the way through, even with covid restrictions causing problems. They are friendly, efficient and get the job done in a no-nonsense way which is what you need. They take the stress out of conveyancing for you. Very impressed and would recommend to anyone and everyone.
R Herbert
Always responsive and quick to return calls. Went without a hitch. Thanks
G Dutton
Saving A Deposit For Your First Home
Getting on to the property ladder is an aspiration shared by many people across the UK and with approximately two in five UK households currently living in private / social rented housing with ever rising rents home ownership is becoming more and more of a necessity for financial and lifestyle stability.
Rising rents, increasing house prices and stagnant wages pitted alongside lenders requesting minimum 10% deposits means that buying a house for first time buyers is becoming increasingly difficult.
Despite all of the above at Versus Law we have helped numerous first time buyers achieve the ultimate goal of buying their home. We have put together a few tips to help you reach your goal.
Set a saving goal
Maximise your savings
If you’re saving for your first home, there is free money on offer from the Government. There are two types of Lifetime ISA available, both offering the 25 per cent Government bonus, with the condition that you must be under 40 when you sign up.
Any money you save in these ISAs can only be withdrawn for a house purchase or to fund your retirement. If you need to access your cash for another reason, there is a penalty of up to 25 per cent to pay.
You could also use the Government’s Help to Buy equity loan scheme, which could help boost your money further. The current scheme is due to end on 31 March, but a new one will begin on 1 April. The most important changes are that the new scheme is only available to first-time buyers, and includes a number of regional price caps.
Audit your finances
Look at your bank statements and assess what outgoings or spending habits you might be able to reduce. Cancel any subscriptions you no longer need and contact your utility and tv package providers for cheaper deals. Set budgets for essentials and food and implement no spending days within your week.
Rent is likely to be your biggest expense therefore if you have a good relationship with your landlord, there is no harm in explaining to them politely that you are trying to get on to the property ladder, and seeing if they can agree at the very least to not raise the rent for a period of time.
Improving your credit score is also a great way to improve the number of mortgage lenders who might be willing to offer you a mortgage in the future. There is a great range of information available online on how to do this by doing a simple google search.
Saving for a deposit to buy a home is no easy task but there are things you can do to speed up the process. If you have seen a property and you are unsure how to proceed get a FREE consultation with one of our conveyancing solicitors by contacting us today on 0161 504 7278 or email us at property@versuslaw.co.uk. If you prefer, you can use our online conveyancing calculator.
Flight Cancellations – Why you are likely to be entitled to a refund and compensation
With the new lockdown in place it may seem that your holiday will never happen. If you have had your flight cancelled, the airline must offer you the opportunity to rebook or get a refund.
The guidance at present has advised that a travel ban remains unless you have a legally permitted reason to travel therefore if you do have a flight booked whilst restrictions are still in place, your airline will likely cancel your flight and offer a full refund.
Some airlines and travel providers are offering vouchers in place of refunds. If your flight has been cancelled, you are entitled to a refund, so if you would prefer a refund, ask for this from the airline.
If you believe you are entitled to get a refund from your airline but they are refusing, you may have a claim. Passengers are entitled to compensation unless:
- Your flight was rerouted, and you arrive at your destination no more than two hours late
- You are informed of your flight cancellation at least two weeks prior to departure
- You are informed of your flight cancellation between on and two weeks prior to departure and your flight was rerouted, helping you to get to your destination no more than four hours late
- The airline can prove that the delay was caused by extraordinary circumstances that could not have been avoided.
In the current climate The Competition and Markets Authority (CMA) has stated that anyone who cannot travel because of government regulations should be able to get a refund, but this is not always the case in reality.
If you need help obtaining a refund and/ or compensation we offer a no win no fee flight cancellation claims compensation service. This means that you won’t have to pay anything upfront, and there is no charge if your claim is unsuccessful. You can pursue your refund and compensation independently however research has indicated that airlines don’t take many claims seriously, often discarding letters and failing to take appropriate action.
When you instruct Versus Law to handle any claims against an airline, you have the peace of mind that we know how to manage claims of all descriptions in accordance with all legal precedents.
CONTACT US
Here at Versus Law, we have helped thousands of clients throughout Manchester – and across the UK – to achieve the flight delays compensation they’re entitled to. To receive your FREE consultation with one of our solicitors, contact us today on 0161 504 7234 or email us at info@versuslaw.co.uk. If you prefer, you can use our flight delay calculator.
How to protect your home against fraudsters
The fight against fraud is usually associated with banking, credit cards and more recently cybercrime. However, property fraud is not always on the forefront of our minds. Fraudsters have sold or mortgaged properties fraudulently and without the legal owner knowing until it was too late.
The HM Registry has stated that an individual is more at risk of property fraud if:
o You rent out your property
o Your identity has been stolen
o You live overseas
o Your property is empty
o Your property isn’t mortgaged
o If the property isn’t registered with HM Land Registry
How does property fraud occur?
The above situations can be taken advantage of by fraudsters, for example by lodging a false charge on your property register thus giving them a legal interest in the property. Also, they have been known to steal an owner’s identity and sell the property from under the rightful owner’s nose (especially if the property is vacant/tenanted)!
What is the property alert scheme?
To protect and help property owners, the Land Registry has provided a free “Property Alert Scheme” whereby homeowners can monitor up to ten properties once they’ve signed up.
If any changes to the title register have been made, (including an official search with priority – used by potential buyers of the property), then a notification will be sent straight to you, allowing the time to take appropriate action.
If you believe any fraud has taken place, contact HM Land Registry property fraud line on 0300 006 7030 or reportafraud@landregistry.co.uk.
Here at Versus Law, our conveyancing team do all we can in assisting both buyers and sellers in preventing property fraud. Throughout the conveyancing transaction, we offer guidance on the steps to be taken in order to avoid fraud. Moreover, our own security checks are carried out to ensure maximum security.
Whilst we work to avoid fraud in every way, we recommend that all property owners take advantage of the Land Registry’s Property Alert Scheme, to guarantee that you are extra cautious and have ongoing peace of mind throughout your ownership.
What to check when looking at a property for the first time
According to a recent study 77% of buyers miss out on essential things when they’re house browsing which leads to an average spend of £5000 to remedy issues which later become apparent.
The most common issues people miss are:
- Damp or mould
- Poor plumbing
- Cosmetic issues with walls and ceilings
- Insufficient heating
- Low water pressure
- Levels of sunlight in main living areas
On average, people are spending ₤ 5,000 however this figure tends to be a starting figure with the costs rising up to £20,000.
Other checks to take note of are:
- Checking windows and window frames
- Asking the owner about utility charges
- Opening cupboards and wardrobes (checking walls from inside if possible)
It may seem intrusive but lifting carpets and moving furniture to see what’s below, flushing toilets, inspecting walls for fractures and videoing the watching can all save money down the line. These are all inspections you can carry out with little experience however for a more thorough check you can instruct a surveyor to carry out a survey.
A survey is a property health check, carried out on behalf of any individual considering the purchase of a property. The inspection will result in a detailed report providing information about the condition of the property and any areas of concern.
When buying a property there are three levels of survey to consider:
- A valuation is a basic review of a property undertaken to assess its value.
- A Homebuyer’s Survey is more detailed than a valuation and is carried out on behalf of the buyer. This survey type is generally suitable for most conventional properties that are less than 150 years old.
- A Buildings Survey involves a more in-depth investigation and is generally recommended for older properties or properties that have been significantly altered.
Gaining a thorough overview of the home you are due to buy is important as once contracts exchange you cannot usually retract from buying the house without incurring a financial penalty. If you have seen a property and you are unsure how to proceed get a FREE consultation with one of our conveyancing solicitors by contacting us today on 0161 413 2047 or email us at property@versuslaw.co.uk. If you prefer, you can use our online conveyancing calculator.
Industrial Disease Claims
For those of you that have experienced an injury at work, it can be classed as an industrial disease, unless it was the result of a one-off accident.
An industrial disease – which is sometimes referred to as industrial illness, industrial injury or occupational disease – describes an illness, injury or health condition that has arisen due to unsafe working conditions, practices or exposure to certain substances in the workplace, due to the negligence of the employer.
In certain cases, the disease can be severe or sometimes even fatal. Therefore, under the Health and Safety at Work Act, your employer has a duty to you as an employee and must ensure that your health and safety is protected whilst at work. Even if you’re no longer employed at the company where you sustained those injuries or disease, you may still be able to claim compensation.
Here at Versus Law, we help clients make Industrial disease claims following a range of symptoms and conditions, including:
- Hearing damage, including acoustic shock, tinnitus, and noise-induced hearing loss, caused by exposure to loud noise in the workplace
- Respiratory problems, including occupational asthma or silicosis caused by exposure to dust or fumes
- Asbestos diseases, which includes a number of lung conditions caused by exposure to asbestos fibres
- Repetitive Strain Injury (RSI), including carpal tunnel syndrome, ulnar neuropathy, bursitis, and vibration white finger
- Chemical poisoning, due to exposure to dangerous chemicals resulting in skin conditions like dermatitis and other conditions which depend on the type of chemicals, such as burns, asthma and allergies
- Osteoarthritis
A referral to Occupational Health should be made by your employer if symptoms are developed that you believe are a result of your working conditions. Your employer should be notified of your health condition immediately to ensure the appropriate changes are made to avoid further damage to your health. Furthermore, you should seek immediate medical attention as soon as you realise damage to your health, by seeing your GP. From there, depending on your condition, your GP may refer you for further tests to be able to make a diagnosis.
Making a Claim
When making an Industrial Disease claim, it is crucial an experienced lawyer is chosen. This is because industrial disease claims can be complicated. Our fully qualified lawyers have awareness and experience to help you get the best result.
Firstly, a detailed investigation into the individuals work history must take place. This may pose a threat to the case if the company went out of business or even changed their work practices. If this is the case, the claim can still be made by tracing the company’s insurers.
Moreover, there is a strict time limit from when you first started suffering from symptoms caused by your workplace to when the claim is made. Usually, it is 3 years from when the court would expect you to have knowledge that you were suffering from a disease. However, it is not always so straight forward or clear cut; which is why it is vital for you to contact us as soon as you think you may have a claim.
Here at Versus Law, we have helped thousands of clients throughout Manchester and across the UK to achieve the industrial disease compensation they’re entitled to on a No Win No Fee basis. To receive your FREE consultation with a personal injury lawyer, contact us today on 0161 249 5087 or email us at info@versuslaw.co.uk.
What is unfair dismissal?
Under the UK law, unfair dismissal is described as dismissing an employee without a fair reason.
There are however 5 reasons for a fair dismissal:
- Redundancy
- Poor conduct
- Lack of capability or qualifications
- A statutory duty or restriction that forbids employment from continuing—such as when a courier suffers a driving ban.
- Some other substantial reason that explains the dismissal.
With that being said, these are the types of unfair dismissal:
- A reason that the employment tribunal deems to be “automatically unfair”.
- Dismissal without a fair dismissal procedure.
Generally, employees can only claim unfair dismissal against an employer if they have a minimum of two years’ service. In 2012, the qualifying period increased from one to two years. This presents employers with some level of flexibility in managing and dismissing staff with less than two years’ service
Reasons that are automatically unfair
If an employee’s statutory employment rights are violated, dismissing them is automatically unfair. If the dismissal is based on any of the following reasons, the dismissal is also automatically unfair:
- Pregnancy
- Matters of maternity
- Trade union membership
- Whistleblowing
- Paternity leave
- If the employee refuses to give up rights under the Working Time Regulations 1998. For example, if they won’t give up a rest break.
- One of your employees tries to exercise their right to receive the national minimum wage.
Any form of discrimination is also automatically unfair if an employee suffers from unfair treatment due to one of their “protected characteristics”. Protected characteristics are:
- Sex.
- Sexual orientation.
- Age.
- Gender reassignment.
- Disability.
- Race.
- Religion and belief.
- Marriage and civil partnership.
- Pregnancy and maternity.
In order for an employer to dismiss an employee fairly they must follow the correct procedure. The procedure requires the following steps to take place:
- An informal chat with a note for improvement.
- A verbal warning.
- First written warning.
- Final written warning.
- Dismissal.
If however gross misconduct has taken place, the employer has the right to proceed straight to a dismissal. Information in relation to gross misconduct and dismissal should be covered in your employers policies and procedures.
What Happens During A Plea Hearing for Unfair Dismissal?
When an employee is being informed of the outcome of a disciplinary hearing it is recommended that this should be done in writing and proof of receipt is kept.
In this correspondence, explanation of what the employee did wrong should be explained and the reason as to why the employer has decided to move ahead with their outcome. If an employer does not follow the disciplinary procedure then they leave themselves open to an employee appealing the case.
Claims at the Employment Tribunal for Unfair Dismissal
All tribunal fees were abolished by the Supreme Court in July of 2017. This has led to a more than 118% increase in tribunal claims.
The maximum amount that you can be awarded as compensation for Unfair Dismissal is presently the statutory cap of £88,519, or 52 weeks gross salary- whichever is the lower. This is in addition to the basic award which can be ordered by the Tribunal of up to a maximum of £16,140. These figures are from 6th April 2020.
At Versus Law we offer a free initial consultation and are happy to answer any questions you may have about any form of work dismissal. Call us today on 0161 249 5087 or email us at info@versuslaw.co.uk