Does a director owe a fiduciary duty to a company’s shareholders?
New case law has thrown directors’ duties into the spotlight once again. Trainee solicitor Helen Howes explains more… Under the Companies Act, a director owes fiduciary duties to the company…
An e-sign of the times
Times are changing but there’s still a place for pen and ink when it comes to legal property documents. In the commercial property sector there is growing demand for transactions…
What will the electric vehicle mean to residential development and businesses?
The advent of the electric vehicle could soon prompt change in planning policies, explains property litigation partner Nick Cox. As part of our firm’s internal ‘Green Willans’ group, I have…
Removing a shareholder or director: what you need to know in a business dispute
It is a relatively common occurrence for business owners to fall out. An unfortunate consequence of businesses being under increased pressure due to the economic slowdown is the increased likelihood…
New statutory legacy sum introduced - what does this mean?
In the latest update to intestacy rules (meaning the rules that take effect when someone dies without a will), the government has increased the fixed sum that partners with children…
Does my employer own my intellectual property?
From an advertising poster through to a developed piece of software, intellectual property rights will arise whenever there are creative endeavors in the workplace. It is important for employers to…
Trustees' duties & charity land: 6 frequently-asked questions
Getting the best deal for your charity, while complying with charity law, is part and parcel of being a trustee; but what are the legal requirements when it comes to…
How do companies become GDPR compliant?
The media flurry around the introduction of the General Data Protection Regulation (GDPR) in May 2018 has quietened, but organisations shouldn’t be lulled into a false sense of security. The…
Non-disclosure agreements: 4 frequently-asked questions
Whether you want to protect your ideas and keep a competitive edge, or you want to keep an acquisition or business sale a secret, non-disclosure agreements (NDAs) are a useful…
GDPR : 8 frequently-asked questions
While the stir around the introduction of the General Data Protection Regulation (GDPR) has certainly died down since May 2018, the GDPR is still as relevant as ever to all…
Menopause at work: New guidance for employers
ACAS has published new guidelines for employers on how to manage the impact of the menopause at work. ACAS (the Advisory, Conciliation and Arbitration Service) is an organisation which provides…
GDPR fines explained
We often hear of businesses lamenting the cost of GDPR compliance, but as the bedding-in period passes and national supervisory authorities such as the UK’s Information Commissioner’s Office (ICO) tighten…
Are you a trustee? Know your obligations
The last few years have seen a dramatic increase in trust regulation and the penalties for non-compliance can be onerous, requiring great care by trustees. Trust Regulation Service (TRS) Legal…
Wills Act changes allow video witnessing : a much-needed update, or risky business?
Changes to the Wills Act are set to allow video witnessing of wills in some circumstances. But while bringing the law up-to-date with today’s lifestyle is no bad thing, hastily-made…
Non-resident capital gains tax: what you need to know
If you own property in the UK but do not live in the UK, you should make sure that you comply with non-resident capital gains tax (NRCGT) rules, including the…
A guide to domicile elections; inheritance tax on UK and foreign assets
If you are UK-domiciled (broadly meaning the UK is your permanent home), you have to pay inheritance tax on worldwide assets. If you are not UK-domiciled, you only have to…
The classic car market & the law - Q&A
The classic car market is a multi-billion pound industry, not surprisingly with many legal complications, but that shouldn’t impair the joy these four-wheeled icons can bring… What kind of businesses…
Workforce succession planning - Q&A with our employment law partner
There are many aspects to succession planning in businesses – whether it be the business owner’s or investor’s exit plans, how best to hand on the business in a will,…
Your digital legacy: what happens to your assets after you die?
Most people have heard of cryptocurrencies such as Bitcoin and and would recognise those as a digital asset. However, what about social media, email accounts, digital music, online accounts for…
What will happen to the ‘no-fault’ divorce bill?
Just as we were on the brink of major divorce law reforms, and an already long overdue end to the blame game that many couples currently have to play to…
Charitable legacies - the benefits of leaving a gift in your will
At Willans, we recognise that there is a wide range of local and national charities that our clients support throughout their lifetimes, whether this is through regular donations or volunteering.…
The probate process: key steps explained
When someone dies, you may need to apply for a grant of probate or letters of administration in order to deal with their estate. For ease, references in this article…
Probate fees: the ‘stealth’ tax
An update: After the latest edition of Your Life & the Law was published, we are pleased to say that after much debate and challenge, the government has decided not…
Will the UK still have to comply with the GDPR after Brexit?
The ICO (Information Commissioner’s Office) has released its annual report, which has revealed an “unprecedented” year. It received 41,661 data protection complaints in 2018/19, up from 21,019 in 2017/18. Big…
Proprietary estoppel: challenging a ‘broken promise’
If you have been promised a gift or other property from a person that has died but this promise hasn’t been reflected in their will, a solicitor or lawyer may…
Buying a business or property in the hospitality & leisure sector?
Whether you’re a first-time business buyer entering into the leisure sector, or you’re an experienced hotelier embarking on your next acquisition, the importance of doing your legal ‘homework’ shouldn’t be…
Closing a deal: top tips from one of our corporate partners
When it comes to buying or selling all or part of a business, there can be many pitfalls on the road to closing a deal successfully. Corporate & commercial partner…
Is it ever ok not to disclose information when selling a business?
When buying a business and assets, the default position is that everything is “sold-as-seen”. This means that, whilst a prudent buyer will want to exhaust the due diligence process in…
Knot again! Another knotweed liability case
We are all aware of the potential liabilities that the dreaded Japanese knotweed may bring. This can range from civil liability to a neighbour, or even criminal liability if reasonable…
Succession planning for business owners; top tips
If something unexpected befell one of the key people involved in running your business, what would happen? It is important that every business has a crisis plan in place to…
Turning a blind eye: the concept of 'dishonest assistance'
The court has shed light on the legal concept of ‘dishonest assistance’, in the recent case of Group Seven Limited & Others v Notable Services LLP & Others [2019]. By…
Do I really need to bother with a shareholders’ agreement..?
When starting out, many businesses naturally want to keep costs to a minimum. This often results in them regarding a shareholders’ agreement as something optional or something to consider at…
Grounds for contesting a will
If you think someone’s will may not be legally valid, you may be able to challenge it There are many ways in which the validity of a will can be…
Succession planning for business owners
It is important that every business has a crisis plan in place to make sure that the business can operate without key individuals if needs be. This should amount to…
A guide to disputes with trustees & executors
What is an executor? Executors are the people who are chosen by the person making a will and are tasked with administering their estate. They are the individuals (for example,…
Contesting your inheritance or entitlement
Inheritance Act 1975: If you haven’t been properly provided for, we can help you get the outcome you need. If you feel you have been left out of a will,…