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2011
What can you do to beat the recession? Can you protect your assets and your business? Is there a fast and low cost way to plan the sale of your property? You always have a choice - make sure you make the right one! Ring us and we will provide you updates on the most recent changes to regulation and to markets.

Tenancy
Rules for landlords to follow and to protect tenants regarding deposits details

Combatting Money Laundering
New and detailed amended rules to combat money laundering are in force As a result professional advisers must ask more questions and in some cases require more information and documentation from clients before they can accept instructions to act or advise. We will need to ask for more information in connection with acting for companies, partnerships, trusts, other bodies of people (such as clubs) and anyone who is acting as agent for another person. We may also need to go through the identification and verification procedures for shareholders, directors, managers, partners, trustees, beneficiaries, club members, anyone acting under a power of attorney, a receiver, administrator or insolvency practitioner or anyone appointed as an agent or broker of any kind. In addition, the exemption under the old rules for existing clients from the procedures for identification and verification has been removed. As a matter of policy we operate the new rules in relation to all clients and all matters. All we ask is that you attend at our offices with - your passport or picture driving licence - an original council tax, gas or electricity bill addressed to you and dated within the last three months For Data Protection Act purposes, we must also advise you that we are required to retain this information for at least five years.

HIP
The new government has kept one of its manifesto promises by suspending the HIPs legislation with immediate effect. EPCís remain though under EU law but they are changing too: The EPC has to be commissioned before the start of marketing Commissioning means the Inspector has been asked to prepare the EPC and it has either been paid for or payment has been promised The person acting for the seller on the sale must be satisfied commissioning has taken place The seller and sellerís agent must make reasonable efforts to get the EPC within 28 days Penalties will be imposed for breaching these relaxed requirements The EPC will have a life of 10 years, not 3 years as at present or 3 months as originally envisaged. This brings it in line with EPCís for rented property. Let marketing begin

Will
Did you see the Panorama programme on BBC 1 on 9th August? If you do not have a Will you need to know what to look out for so why not pop in for a chat. Link to the programme at www.bbc.co.uk/i/tfqqj or http://www.bbc.co.uk/iplayer/episode/b00tfqqj/Panorama_Wills_the_Final_Rip_Off/


 Archive
 Useful links
 Energy Performance Certificates
 Wills - a Plan for Life


    Justin Case

These leaflets tell you what is involved in legal situations – click on the topic that interests you for our checklist –

                               

Justin Case you lose your job

  • Have you been employed for less than 12 months?

  • Does your employer have a disciplinary procedure?

  • Had you received any warnings before you were sacked? 

  • Have you appealed against your dismissal? 

  • How much notice were you given?

  • Did you ask for a written reason for your dismissal?

  • Was a notice of dismissal with reasons given to you? 

  • You may be able to bring a claim.

  • Call for a meeting and bring wit you any documents relating to your employment and dismissal.

Justin Case you want to make a will

  • Locate any previous Will

  • Decide who you want to sort out your affairs after death as an executor

  • Decide who you want to benefit after death as a beneficiary 

  • If you have children under 18 who do you want to look after them as guardian 

  • What arrangments do you you want for your funeral

  • Do you have any specific money or property or other items you want to leave to a named person as a legacy or bequest

  • Do you have a responsibility to maintain anyone dependent upon you 

  • Do you have any life insurance and if so what is the value and who is nominated under it?

  • Do you have any pension and does it survive you?

Prepare

  • A list of assets and their approximate value and

  • full names and current addresses of anyone who you wish to benefit under your will

  • full name and address of any charity you want to benefit

Justin Case you want to change your will

  • Locate the original copy of the signed Will

  • If changing the executors have you asked the new ones if they are happy to do so

  • List the changes to the main wishes of your will and the reasons 

  • Consider advice on the best way to deal with the change

Justin Case you think your estate may be insolvent

  • the assets of the deceased will need to be valued and collected

  • the total value of debts will need to be established

  • there may be assets or policies available to pay loans and debts 

  • disposals preceding death will need to be investigated

Justin Case you are about to marry

  • Marriage terminates automatically any existing Will

  • Consider advice about your existing Will

  • If you are remarrying - existing family will need consideration

Justin Case you have divorced

  • Review your will in case it does not match your new circumstances

  • Divorce does not automatically revoke an existing Will

Justin Case you have been asked to be an Executor or trustee of a Will

  • You need to know what this involves in time and any expenses

  • You will need to receive all necessary information

Justin Case you have been asked to be a Testamentary Guardian in a Will

  • You need to know what this involves in time and any expenses

  • You will need to receive all necessary information

Justin Case there is no Will

  • Death without a valid Will creates an intestacy with money and assets locked until Letters of Administration are obtained

  • Letters of administration granted by the court are needed

  • There are statutory rules as to who benefits

Justin Case you have been left out of a Will

  • What was your relationship to the deceased

  • Did the deceased make payments for your living expenses

  • What did the deceased owe you and do you have any proof of old debt

  • Did the deceased make you promises in return for service

  • Was the Will properly made

Justin Case you want to make arrangements in case you become unable to manage your own affairs

  • trusted individuals may be appointed under a Lasting Power of Attorney

  • and cover just personal matters such as where you should live; and general welfare; and/or

  • your financial matters

  • Consider who you might appoint and ask them if they agree to do this

Justin Case you want to start a business

  • Have you decided whether you want to trade in a partnership or through a limited company?

  • Have you received advice – legal and financial - as to what is the best option for you?

  • Have you prepared a business plan and cash flow projections?

  • Have you found premises that suit your business?

  • If you plan to start the business from your home, do you know about any statutory obligations?

  • Do you know if, when and how to register for Data Protection, VAT, PAYE and other statutory requirements?

  • Have you thought about what terms and conditions of business you need?

  • If employing staff, do you know what your obligations are as an employer?

  • Do you understand your legal obligations to other businesses and to consumers?

Getting on the right track from day one is crucial for a successful business, so call for a meeting and we can help you with practical assistance and advice.
 

Justin Case you want to take on a partner

  • Do you trade in your own name or through a company? 

  • Do you have or have you had a partner or partners? 

  • Do you have any written agreement that sets out how the business should be run?

  • Will the new partner be putting any money into the business? 

  • Will the new partner be working full or part time in the business? 

  • Are you prepared to give away some control of the business and, if so, how much?

  • How long do you want the new arrangements to last? 

  • Do you want to exclude any parts of the business or any assets?

Taking on a partner is like a marriage – it may be easy to get into but may be difficult and costly to get out! Call to make an appointment to discuss your plans with us.

 

Justin Case you have an employment problem 

  • Does the employee in question have particulars of employment or a written contract?

  • Has the employee raised a grievance with you?

  • Do you have a written grievance procedure?

  • Have you instigated a disciplinary procedure involving the employee?

  • Do you have a written disciplinary procedure?

  • Has the grievance/disciplinary procedure been concluded?

  • Are you considering a change in employment terms, redundancy, or termination of employment?

  • Do you think the employee is planning to make a claim against you?

We are experienced in employment matters – both in preparing contracts of employment and other employment related procedures. 

We handle claims in the Employment Tribunal for unfair or constructive dismissal

 

Call us to arrange to meet and discuss the best way forward for your employment situation

 

Justin Case you want to invest in a business

  • Have you been offered a stake in a business?

  • Is it in a trade you know or is it something new and exciting?

  • How well do you know the people who run this business?

  • Will you be a ‘sleeping partner’ or will you be involved in day to day running of the business?

  • What ‘return’ on your investment are you being offered?

  • What protection have you been offered to secure your investment?

  • What right to information about the business have you been promised?

  • Will you have any right to be consulted or make major business decisions?

  • Will you be expected to make further investment in the business?

It may be a ‘sure-fire winner’ but you need to be able to talk the proposition through with experts in the business of business

 

Just phone for an appointment

 

Justin Case you want to sell a business

  • Have you decided to retire and sell your business?

  • Has someone made you an offer you can’t refuse?

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