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01

2017

November

Divorce rates on the increase

Figures published by the Office of National Statistics have shown that divorce rates in England and Wales have bucked the recent trend by increasing in 2016.

Our Family Law specialist, Helen Starmer looks at the results which might be a little surprising.

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06

2017

October

Looking after your business

How do you protect your business from the unexpected? What would happen to it in the event that you are unable to run it?

Here, Carolyn Monaghan explains how you could put in place measures to help mitigate against the unthinkable happening.

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01

2017

September

Lasting Powers of Attorney in the news

Lasting Powers of Attorney have been in the news recently following comments made by a former Court of Protection judge.

Here, Carolyn Monaghan, explains some of the differences between having an LPA in place or leaving the Court of Protection to sort out your affairs if you become incapacitated.

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03

2017

August

The problem of Japanese Knotweed

Is Japanese Knotweed causing an issue in buying or selling your home?

Here, Keely King discusses how it can affect you and what you can do about it.

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17

2017

July

Reducing delays in Family Law proceedings

Anything which can speed up the legal process, particularly in Family Law cases, is welcome.

Our Family Law solicitor, Helen Starmer, talks about some recent developments,

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21

2017

June

Pudsey Legal 10k

We were delighted to sponsor the Pudsey Legal 10k race on Sunday 18 June 2017.

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07

2017

June

Small debt, big impact

Do you run your own business?

How much time do you spend chasing bad debts?

Our Business and Commercial law solicitor, Kiran Virdee, explains the impact of bad debtors on a business and what we can do to support you when this situation arises:

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30

2017

May

Pudsey Carnival

Pudsey Carnival took place on Saturday 20 May this year. The question is 'did it rain?'

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25

2017

April

Business Lasting Power of Attorney

Do you run your own business? Do you have a business distaster recovery plan?

Carolyn Monaghan explains how a business Lasting Power of Attorney can help your business overcome an emergency.

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28

2017

March

Challenging a Will - an important judgment

It is generally assumed that when you make a Will you can leave your estate to whomever you wish.

Here, our Wills specialist, Carolyn Monaghan explained why it is not always that straightforward.

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15

2017

February

Family Law – some myths rebuffed

Family Law expert, Helen Starmer discusses some myths surrounding matrimonial issues

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16

2017

January

The insolvent estate – beware of the pitfalls

Being appointed as an executor in a Will carries responsibilities.

Wills & Probate specialist, Carolyn Monghan, looks at the potential pitfalls faced by executors when the estate is insolvent.

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19

2016

December

Settlement Agreements – When employment ends

When employment ends, for example through redundancy, often the employer will ask the employee to sign a 'Settlement Agreement' to bring an end to the contract.

Our Business & Commercial Law specialist, Kiran Virdee explains what these are.

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15

2016

November

Looking after your business

Kiran Virdee explains the importance of getting your business terms and conditions right.

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11

2016

October

Care fees and how they could affect you

Now that more of us are living longer, the prospect of needing to go into a care home looms larger in most of our minds.   Most of us feel that we have worked hard to have something to leave for the children and we don’t want it all to go on paying for years and years of care. But there are a lot of myths surrounding paying for care fees, and it’s worth putting these concerns into perspective.

Currently there are about 291,000 people living in care homes, representing about 3.2% of over-65s.  This percentage has been roughly stable since 2001.  This shows that the vast majority of us will never go into a care home.

If we do, many people fear that the local authority will immediately take the house to pay for it.  However,  this is not the case.  Firstly, any income you have – state pension, occupational pension, state benefits – will first be used to fund your care.  If there is a shortfall, a financial assessment will be made, looking at how much capital the person going into care has.  If the house is needed for the person’s spouse to live in, it will not count as part of this assessment, and there are other assets that may be disregarded too.  If the person is assessed as having more than £23,250 in capital, the Local Authority will not contribute to care fees, and will leave it up to the person to fund their own care.  If the person has capital between £14,250 and £23,250, then the Local Authority will make a contribution to the fees.

Many people think that the only solution to avoid the sale of the house is to give it to the children.  But this has its own drawbacks – your children may get divorced, or go bankrupt, giving third parties a right to a share of your home.   In addition, the Local Authority can ignore a gift if they can show that it was made only or mainly to avoid care fees, and treat you as still owning the property.

There are ways for joint owners of a house to use a trust in their wills to protect at least half of the house for the children.  Every person’s circumstances are different, and it is always wise to take legal and/or financial advice when making plans for your future.

Please call me if you would like to make an appointment for advice on any aspect of this article.

Regards
Carolyn

Contacts

Telephone
0113 254 9733

Pudsey Legal
Cringlebar House,
415 Bradford Road, Pudsey,
Leeds, LS28 7HQ

Pudsey Legal
Trinity House,
32 Church Lane, Pudsey
Leeds, LS28 7RF


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