Author: Simply.Law

Social Media is now a part of our everyday lives; on the one hand, it allows people to connect with each other across the world, provides a window into each other’s lives, and opens us up to new opportunities and challenges. On the other hand, however, it can become a festering cesspit of accusations, lies, half-truths and used as a platform on which to wage a war of reprisal against a former spouse or partner.  Our tips on how to use – and not use – social media during a divorce or separation will help you divorce with dignity 1 –…

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Ask the experts before signing up as an executorBeing asked to be the executor of a friend or family member’s estate is an honour but also a major responsibility, as you could face a charge for hundreds of thousands of pounds if you make a mistake.By Harvey JonesThe danger has come into focus after executor Glyne Harris was ordered to pay £340,000 to HM Revenue & Customs from his own pocket, after the estate’s beneficiary ran off without paying the inheritance tax (IHT).Mr Harris passed on proceeds from the £1.2million estate assuming the beneficiary would pay any IHT due, but…

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Q: My ex-husband and I divorced five years ago; we have one daughter aged eight who lives with me. Things are amicable, up to a point. I have been offered a fantastic new job that would allow me to provide our daughter with a much better life, but it would mean moving about 40 miles away. The new area has better schools and housing stock, and our overall life would be improved as there are excellent facilities in the new town. However, my ex is adamant he can stop me moving – can he?A: Congratulations on the job offer and…

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Only 180 years after the Wills Act was introduced, there is a suggestion that the law around making Wills may need updating to reflect “changes in society, technology and medical understanding”.  When one considers that Queen Victoria had just succeeded to the throne and that neither the car nor the computer had been invented, the statute has lasted rather well. However, recent developments in medicine and technology present new challenges not envisioned in Victorian times. As a member of ACTAPS, I had the pleasure of being invited to a Law Commission meeting on their proposals for bringing the law of…

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The 2018 wedding season is just around the corner and has an extra buzz with the prospect of two royal ceremonies. If you are tying the knot this year, then you probably have most plans in place already. But have you considered adding a pre-nuptial agreement to your to-do list? Understandably, some couples do not want to contemplate what happens if their marriage does not have a fairy-tale ending.A pre-nuptial agreement is a legal document that is designed to make things easier to sort out if the marriage breaks down and can, in fact, strengthen your marriage by:Protecting any pre-existing…

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If you already have a Will but have not updated it following a change in circumstances, then the outcome of Martin v Williams may prompt you into action. It also threw light on the rights of cohabitees to make claims for financial provision from the estate of a deceased partner.Under the provisions of the Inheritance Act 1975, cohabitees must prove that they were living as husband and wife (or as civil partners for same-sex couples) for a least two years prior to their death to make a claim. However, claims made by cohabitees are restricted to covering maintenance, i.e. living…

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The start of the year can be a stressful, difficult time for many. The post-Christmas period often means poor weather, financial troubles, increased tension in the household from too much time spent together over the holidays, and the longing for a fresh start.It follows that, January is a time when law firms often notice an influx of divorce inquiries. But divorce is not a process to be rushed into. Of course, if you feel your marriage has irretrievably broken down, you will be eager to start anew, but there perhaps there are a few things you should get to grips…

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The recent hot weather and hours of sunshine are welcomed by most, but for those who have to work during the heatwave, it is not such a welcome presence.But what are your working rights as an employee during extremely hot weather? Can you legally walk out of the office if the mercury hits a certain temperature?Working environment temperatures are regulated by the Workplace (Health, Safety and Welfare) Regulations 1992, but while there is guidance, there is no maximum (or minimum) temperature at which employees can legally stop working and leave the office for the day. Employers must adhere to the…

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Most people make a Will so that when they die, their estate is divided among family and friends in the way that they (the testator) wish. But what happens if the estate is left to, say, a spouse and children and they all perish in the same accident as the benefactor?This is what tragically happened to the Cousins family at the end of 2017. Mr Cousins (a multi-millionaire), his fiancé, her daughter and his two sons all died in a seaplane accident. Mr Cousins had previously had a Will drawn up that would have left the majority of his fortune…

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Q: My ex-partner has told me that she and her new partner intend to move to New Zealand with our three children. Her partner has been offered a job there, and she sees it as an “opportunity of a lifetime”. I would like the children to remain here. This is the only country they’ve lived in; they are settled here, doing well in school, enjoy lots of activities and friends, and all their extended family live here.  My ex has said that she is taking them and I can’t stop her. What can I do?A: This is understandably a worrying…

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