What is Employment law?
Answer
An area of law that governs the relationship between an ‘employer’ and an ‘employee’.
What is Family Law?
Answer
Family law refers to any law which affects matters relating to children or families.
Do I need a Will?
Answer
If you die without a Will in England or Wales, the law will decide who gets what. If you have no living family members, all your possessions and property will go to the Crown.
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What is conveyancing?
Answer
Conveyancing is a legal term used to describe the legal transfer of property ownership from one person to another. The conveyancing process is handled by a conveyancer, which is usually a solicitor or licensed legal conveyancer. The term as we know it typically relates to buying and selling houses. The conveyancing process involves multiple stages, from accepting an offer from a buyer to transferring the title deeds of the property into the buyer’s
When should I instruct a conveyancing solicitor?
Answer
When selling, Instructing before you have found a buyer gives your conveyancer the chance to review all the paperwork relating to your property in advance. When buying a property, you will need to instruct a conveyancer as soon as an offer has been accepted, as all parties will now be requesting this information.
What is a Trust?
Answer
A trust is brought into existence when a person (called the 'settlor') transfers some of their assets to trustees (who become the legal owners) for the benefit of third parties, called 'beneficiaries' (the beneficial owners). A trust is a legal entity in itself. Another word for a trust is a settlement.
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How do I start divorce proceedings?
Answer
A divorce can be started, as long as you have been married for at least one year. A divorce petition is prepared and submitted to the Court. The other party then receives an acknowledgment form. You can then proceed to the Decree Nisi stage (the interim divorce order) and, after waiting six weeks and one day, you can apply for the Decree Absolute (the final divorce order).
What is a divorce?
Answer
Divorce is the dissolution or end of a marriage. The process is started by filing a divorce petition with the Court and is ended when the Court issues a decree absolute.
What is a probationary period?
Answer
A probationary period is a limited period of time after the employee starts working for the company, during which either party has the right to terminate the agreement.
Can someone be employed on fixed-term contract?
Answer
Yes - on the basis that the contract will terminate at a future date when a specific ‘term’ expires.
What is the Employment Tribunal?
Answer
The Employment Tribunal provides a legally binding judgement for employment disputes. In most cases there are usually a panel of 3 people, consisting of a legally qualified Judge and two non-legal, lay people who have experience within employment workplaces.
How much notice should I be given for redundancy?
Answer
The statutory notice periods for redundancy are: - One-week notice if employed for between one month and two years. - One-week notice for each year employed, if between two and twelve years. - Twelve weeks notice if employed for twelve years or more.
What is a common law partner?
Answer
What is a Common Law Partner? In the UK, the term “Common Law Partner” is often used to refer to those who are living together as a couple but aren’t married or in a civil partnership. While it’s still a phrase that’s commonly used, the term doesn’t actually have any legal meaning. This means that, regardless of how long you have been together or your living situation, you do not have the same rights as married couples. If you live with your partner,
Who is allowed to make a Will?
Answer
You can make a Will if you are aged 18 or older, but you must create one voluntarily without being pressured by another person. You must also have the mental capacity to understand the contents of what is being written in the Will and be aware of your assets and the people you choose to inherit your estate. Once you have written your Will, you must sign it in front of two independent witnesses. All three of you should be in the same room during this process, as the two witnesses must
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Can I make a will for free?
Answer
You may be able to make a free will using one of the charity run free will schemes we work with, including Cancer Research UK Free Will Offer
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Why do I need a Solicitor?
Answer
Because a Solicitor is an experienced, expert adviser who will represent you better than you can do for yourself.
Can I make my spouse leave the family home?
Answer
A joint owner of a property can only be made to leave, if they are not prepared to leave voluntarily, is by the Court making an Occupation Order, ordering them to leave or within the financial proceedings a property transfer order is made.
What is family mediation?
Answer
Family mediation is a process of resolving conflict with an ex-partner in relation to matters concerning your property and finances or your children or both.
What are the grounds for divorce?
Answer
You will need to demonstrate that your marriage has irretrievably broken down, by being able to prove of the following five facts: Your spouse has committed adultery Your spouse has demonstrated unreasonable behaviour Your partner has left/deserted you for a continuous period of 2 years You have been separated for at least 2 years and you both agree to the divorce You have been separated for at least 5 years - it doesn't matter if your partner doesn't agree to the
How long will my divorce take?
Answer
On average, a divorce can take around 6 months, although it is very much dependent on the complexity of your case, whether you complete the application documents accurately and how quickly you go through each stage of the divorce process. In addition, it is also dependent on how efficiently the court is able to function. If you request a divorce jointly with your spouse you will both receive confirmation that the divorce has been filed. After this, you are required to wait for at least
Is Same-Sex Relationship Divorce Process Different?
Answer
Spouses in a same-sex relationship go through the same process for divorce as couples of the opposite sex. To apply for a divorce, you will need to file a divorce application online through the divorce portal or fill in a divorce application form (D8) to start the process and pay a £593 fee. For all couples seeking a divorce, before you make an application, you have to have been legally married for over a year, with your relationship permanently breaking down during that
I got married abroad but live in England, can I get divorced in England?
Answer
It does not matter where you got married as long as the marriage is valid under the laws of the country where the marriage took place. You can get divorced in England as long as you or your spouse are habitually resident in England or domiciled here.
What happens in mediation?
Answer
The mediator will liaise with the parties at a MIAM meeting about what mediation entails. Meetings will be scheduled over a period of time and may look at arrangements for children, exchange financial information with a view to negotiating a financial settlement and other options. The mediator may suggest other help, such as financial advice or support for your children, but will never offer legal advice.
Will I have to go to Court in order to obtain my divorce?
Answer
You don’t necessarily have to go to court to get your divorce finalised. Going to court for a divorce is not always required and depends on your situation. If both parties mutually agree on the divorce and the terms such as how the assets should be divided, they probably won’t have to go to court. Instead, their lawyers can draft a Consent Order confirming that both parties agree with the way the assets will be split. The Consent Order will be sent to the court for
How are pensions dealt with in divorce?
Answer
When dividing pension in divorce, there are a number of options. The two main options are: A pension sharing order - A share of one person's pension is moved into a separate pension. Pension offsetting - This is where some cash savings, a greater share in a property or some other capital is given to the receiving party, instead of pension.
Can I have a free consultation?
Answer
In some areas of Family Law, we offer an introductory meeting with a member of our legal team. This meeting is free and designed for you to get to know our firm, your solicitor and to discuss your case. By completing this initial meeting, you can make an informed choice about how you want to move forward to get the best results.
Are you regulated?
Answer
GloverPriest Solicitors is regulated by the Solicitors Regulation Authority number 597426.
What are executors?
Answer
Executors are people who are named on a Will as those in charge of sorting out the deceased person’s estate. The estate includes things like property, assets, investments, savings, and possessions. When someone makes a Will, they will name a person who they trust to be responsible for reviewing the Will, collecting the assets included in the Will, and distributing them to the beneficiaries named in the Will. The executors will also need to pay off any debts or liabilities such as
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Who can be an executor?
Answer
When someone passes away, they will usually name an executor. This person is chosen to manage the estate and ensure that everything is handled according to the deceased’s wishes. It’s a role that carries significant responsibility, requiring someone dependable and capable of navigating both financial and legal matters. In simple terms, the executor is the person who steps in to make sure that the deceased's wishes are fully respected and everything is taken care of
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Who can witness a will?
Answer
By law, a Will has to be witnessed by two witnesses in order to be valid. The witnesses of a Will must be people who are not due to inherit from the Will and ideally not related to the person making the Will. As such, it is better to choose independent, impartial, and trustworthy witnesses such as friends, colleagues, a professional, or neighbours who do not have a personal interest in the Will. In the UK, the general requirements for witnesses include the following: - The
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What is a mirror Will?
Answer
Mirror Wills are Wills that are almost identical to each other. Both Wills share similar provisions and are an ideal choice for a married couple or partners who want to protect their partner’s financial future. Normally, a mirror Will states that when the person passes away, their partner will inherit their estate. Both Wills will effectively mirror the other so that the provisions are almost identical. A mirror Will can also provide for the couple’s children. For example, if
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Can I change my will?
Answer
No, you cannot change a will once it's been witnessed and signed. The only way you can make amends is with an official modification called a 'codicil'.
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What is a Codicil?
Answer
It's a legally valid document making minor changes to a Will, which is read together with the original Will, to reflect your wishes.
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How often should I update my Will?
Answer
It is usually recommended to review your will at least every five years or whenever your circumstances change e.g. on marriage, having children, purchasing a house or divorce/separation.
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What makes a will void?
Answer
A Will can become invalid for a number of reasons. For instance, if it hasn’t been signed correctly. It needs to be signed in front of witnesses and the witnesses also need to sign it themselves in order for it to be valid. The two witnesses must also be over the age of 18 and must not be beneficiaries of the Will. Another issue that could lead to your Will being invalid is if you do not have the mental capacity to understand your actions when writing and signing the
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What type of gifts can I leave in my Will?
Answer
There are several types of gifts you can leave in your Will for different people or organisations such as charities. The three types of gifts you can leave in your Will are a pecuniary gift, a specific gift, and residuary estate gifts. A pecuniary gift, also known as a cash gift, is a fixed amount of money you can choose to give to a specific person, a group of people or organisation. You can ask your solicitor to take inflation into account to preserve the gift’s
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Is my Will registered anywhere?
Answer
At GloverPriest we ensure every one of our Wills done by our lawyers in recent years are registered with The National Will Register Certainty.
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Can I sell the deceased's house?
Answer
If the estate obtains any property, it can be marketed but cannot be sold before a Grant of Probate is given. A Grant of Probate will not be given until any inheritance tax due has been paid.
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What if there are no executors?
Answer
If there are no executors in a Will, the Will is still valid but another “entitled” person will need to be given the duty of handling the estate instead. When you make a Will, an executor will need to be named but there are instances where executors die or lose mental capacity and therefore cannot administer the estate. Who becomes the new executor is dependent on the situation and what has happened to the original executor. An executor of a Will is someone who is appointed
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Will there be Inheritance Tax or 'Death Duties'?
Answer
“Death duties” are also known as Inheritance Tax in the UK. Inheritance Tax is a 40% tax that is due on assets worth over £325,000 when someone dies. The total value of someone’s assets (known as their estate) is calculated by adding together all of their savings, property, pension funds and other valuable belongings. Assets up to £325,000 are tax-free and anything else over this amount will be taxed at 40%. This means that usually, there is no Inheritance Tax to
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What sort of trusts are there?
Answer
There are many types of trusts, your solicitor will go through what options are available. A full list of the different types can be found at https://www.gov.uk/trusts-taxes/types-of-trust
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When should I set up a trust?
Answer
There are circumstances where creating a trust may be a good option for you. You can set up one at any time or have it written into your Will. For example, you might set up a trust to ensure that someone who cannot support themselves is cared for once you pass away, or you may create a trust so that your finances are appropriately used if you are in ill health and unable to control them yourself. People often set up a trust for their children, especially if they are too young to handle
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What can I put in a trust?
Answer
You could put money, investments, property, jewellery, collectable items, furniture, artwork, land, buildings or shares into a trust. You may not put things like normal cars that depreciate in value into a trust. The reality is, you can put almost anything into a trust depending on what you’re using it for. A trust is a legal arrangement where you nominate one or more people or even a company to manage or control any money or assets you put into the trust. You can also use
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Do I have to have an employment contract?
Answer
No, a contract will exist as soon as a job offer is accepted. Legally, however, every employee and 'worker' has to have a written statement covering specified terms and conditions from day one.
How much noticed should I be given for redundancy?
Answer
The statutory notice periods for redundancy are: One-week notice if employed for between one month and two years. One-week notice for each year employed, if between two and twelve years. Twelve weeks notice if employed for twelve years or more.
Can I be made redundant while I'm pregnant?
Answer
During your pregnancy, your role can be made redundant, providing the redundancy is in no way linked to your pregnancy. If your redundancy is based on your pregnancy, you would be able to make a discrimination claim under the Equality Act.
What is the time limit on making a redundancy payment claim?
Answer
Statutory redundancy payment time limit is six months starting with the relevant date, which in most cases is the termination date.
What is unfair dismissal?
Answer
When an employee's contract is terminated without a fair reason. Unfair dismissal can also be claimed by the employee if the employer had a fair reason but handled the dismissal using a wrong procedure.
Who can claim for unfair dismissal?
Answer
Only employees of the company (not agency workers or freelance consultants etc) may qualify for the right not to be unfairly dismissed. In most cases, you must also be able to show that you were employed by the same employer for at least 2 years prior to your dismissal.
What is whistleblowing?
Answer
Whistleblowing also known as qualifying disclosure is when and an employee reveals information or facts about their employers' wrongdoing. Workers are protected from losing their job or suffering any damage as a result of whistleblowing.
Am I entitled to paid holiday?
Answer
Every full time, part-time, agency and casual worker are entitled to 28 days paid holiday per year which can include 8 bank and public holidays.
Am I entitled to have the bank holiday off work?
Answer
In short, no. You do not have an automatic right to take bank or public holidays off work, with or without pay.
What are Maternity rights?
Answer
Maternity rights are designed to protect a women to allow time off to give birth and nurse a newborn baby. Maternity rights protect women from being dismissed or discriminated against because of their pregnancy.
What are Paternity rights?
Answer
Paternity rights protect men from being dismissed or discriminated against if they are requesting time off to be with their newborn baby.
What are adoption rights?
Answer
Adoption rights allow the same rights as maternity and paternity rights which are to not be discriminated against or dismissed due to the decision to adopt a child.
What areas are covered by discrimination?
Answer
Discrimination occurs when one employee is treated less favourably than other employees. It is unlawful for your employer to discriminate against you on the basis of: Sex Religion/belief Pregnancy/maternity Gender Marriage/civil partnership Race Sexual orientation Gender reassignment Age
Do I have to accept a Settlement Agreement?
Answer
No the agreement is voluntary and can be withdrawn at any time by the employer until both parties have agreed and signed.
Does a Settlement Agreement put the employer at an advantage?
Answer
The employer does draw up a settlement agreement but the employee is protected by the requirement that he or she receive independent legal advice, normally from a solicitor ensuring the agreement is fair and proper.
How long do I have to make a decision on whether to sign the settlement agreement?
Answer
This can vary but best practice, and the ACAS guidance, suggests a minimum of 10 calendar days.
Are all payments under Settlement agreements tax free?
Answer
No. Normally you can receive a termination payment of up to £30,000 tax free. However, this does not apply to payments arising out of your contract such as salary, bonuses, payment in lieu of annual leave or other benefits.
What are my statutory employment rights?
Answer
a written statement of employment particulars an itemised pay statement a minimum notice period maternity, paternity or adoption leave time off for antenatal care parental leave time off for dependents the right to request flexible working arrangements not to be discriminated against because of your gender, race, disability, religion or belief, political opinion, sexual orientation or age
What Is TUPE?
Answer
TUPE or Transfer of Undertakings Regulations 2006 applies to business transfers and to changes in the provision of services so as to protect employees. Where TUPE applies employees automatically transfer from one employer to another with their terms of employment and continuity of service intact.
What protection does TUPE give?
Answer
TUPE preserves the terms and conditions of employees who are transferred to a new employer (this includes contractual terms such as salary, hours of work, leave and sick pay entitlements).
What happens if I object to a TUPE transfer?
Answer
Employees have the option of objecting to a transfer of their employment under TUPE. The effect of an employee objecting to the transfer would be that their employment would terminate on the transfer date. This would not amount to a dismissal meaning that the employee would not be entitled to a redundancy payment or be able to bring a claim for unfair dismissal.
What are employment law restrictive covenants?
Answer
Restrictive covenants are often contained in your contract of employment and are clauses designed to restrict an employee from undertaking certain activities for a period of time after their employment has ended.
What is a grant of representation?
Answer
A Grant of Representation is the document you would need to confirm your legal status and ability to deal with the Estate of someone who has died. A Grant of Representation may be required whether or not the deceased person left a Will.
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Why do you need to verify my ID?
Answer
Solicitors have a duty under money laundering regulations to verify the identity and help stop criminal activity. There are also similar obligations in respect of identity verification for the Land Registry and mortgage lenders
Why do you need to verify where my money is coming from?
Answer
Within excess of 4 billions pounds of fraud in conveyancing per year, Solicitors have to carry out anti-money laundering checks in every transaction to ensure the funds are coming from a legal and legitimate source.
What is a conveyancing chain?
Answer
A conveyancing chain is where there is more than one buyer and seller in the process of buying and selling a house. This means that the property completion is dependent on the other parties to the chain. For example, you are selling your house to someone (the buyer) and that person is also selling their house, and the person buying their house is also selling their house, and so the chain continues. All parties are connected to each other within the
What Are Disbursements?
Answer
Disbursements are payments made by your solicitor to others, such as stamp duty, land registry fees and search fees.
What are property searches?
Answer
Conveyancing property searches are essential information regarding the property you plan to buy. There are three searches that are normally arranged by the solictior on your behalf. Local Authority Searches - Information from the local council, for example if the property is affected by a planning enforcement notice. Environmental Search - To determine whether the land will be contaminated. Water Drainage Search - To ensure that your property is connected to mains water,
Do I have to have property searches?
Answer
No. It is highly recommended that searches are carried out on any potential purchase and often a requirement for obtaining a mortgage. If you are purchasing a property without a mortgage as a cash buyer, then you will have a choice on whether to conduct these searches, but may be required to sign a waiver.
Do I need a survey when buying?
Answer
It is not legally required for you to have a survey done when buying a house, however, it is advised that you have one to avoid unexpected costs or other surprises. If you are applying for a mortgage on the property, then your mortgage lender will do a valuation on the property which may also include a survey. This is because they want to ensure that the property is structurally sound and that they are not taking a risk by lending you money. The mortgage lender
When should I apply for a mortgage?
Answer
Mortgages tend to take around 18 to days from application to acceptance. We would recommend moving from an agreement in principle to a full mortgage application as soon as you have an offer accepted.
How much is Indemnity Insurance?
Answer
The price of an indemnity policy can very depending on what it is protecting you against. The one-off cost of a policy to make up for a lack of FENSA certificates for new windows is approximately £20, but policies covering missing building work certificates can cost several hundreds.
What does 'Exchange Of Contracts' mean?
Answer
Exchange of contracts means the transactions has become binding. On exchange of contracts the completion date (moving date) is confirmed. Contracts are exchanged between solicitors. You do not need to be present for us to exchange contracts.
What is a deed of separation?
Answer
A document that couples who are separating can enter into to record who is to have what and what their responsibilities are. It cannot be guaranteed to be legally binding, but if certain criteria are met it is unlikely to be upheld by the court in the event a dispute arises at a later date
How long will my transaction take?
Answer
For a sale or purchase the average time between instructing your solicitor and moving in is 10-12 weeks but transactions can only proceed as quickly as the slowest person in the chain. A remortgage or transfer of equity can take between 1 and 2 months but generally quicker if you are remortgaging with the same lender
I need to complete quickly - can you guarantee me a timescale?
Answer
In short, no, a quick sale cannot be guaranteed because it is dependent on many factors. In 2022, the average time it takes to go through the buying and selling process is 18 weeks, but this is if everything goes smoothly. Be aware that timelines can change depending on the circumstances of the buyer and the seller and that conveyancing issues can pop up and prolong the process. It can take around 4-12 weeks once the terms of the purchase/sale
What are licensed conveyancers?
Answer
Specialist lawyers known as "licensed conveyancers" were introduced in the 1980's to meet the increased housing market demand. Licensed conveyancers are qualified lawyers who deal exclusively with property law
How soon do I need to pay any money?
Answer
For each type of conveyancing transaction, you may be asked to pay a deposit on account to start the process, this will cover any initial disbursements and will offset your final balance. The balance of the price and the conveyancer's cost, as well as any additional charges, will be payable shortly before completion. If you are borrowing more than 90% of the purchase price then you may be required to pay prior to the exchange of contracts
Do I still need to pay legal costs if it all falls through?
Answer
You are responsible for all legal costs up to the point of the transaction falling through. In some of our transactions we offer peace of mind via an Abortive Matter Indemnity Fee (AMIF) at a cost of £75+VAT which covers all your legal fees. One of our team would be happy to discuss this in more detail.
What is simultaneous exchange and completion?
Answer
In a simultaneous exchange and completion, the two take place on the same day. The exchange and completion of the contract on the same day you intend to move will likely lead to some confusion because a contract does not become legally binding until it has been exchanged. As such, if you are exchanging and completing on the same day you will not have a binding contract in place until the day you are due to move in. Sometimes simultaneous exchange and completion
Can I protect the deposit I pay into the house if I'm not married?
Answer
Yes, there are ways in which you can protect your share in a property especially when you are paying in different amounts. A Declaration of Trust can protect your share if you were to separate and sell later or you can protect your share by owning the legal title in a specific way.
Are GloverPriest Solicitors regulated for conveyancing?
Answer
Yes. We are SRA Regulated and Law Society Conveyancing Quality Scheme Accredited. The CQS scheme gives customers peace of mind during property transactions and ensures the solicitors meet their strict guidelines.
Who can be my Attorney?
Answer
You can appoint anyone you trust to be your Power of Attorney as long as they are over 18, able to make decisions and not bankrupt. Usually this means a husband/wife/partner; relative; friend or solicitor. Before you choose someone you should think about whether you trust the person(s) to make decisions in your best interests; whether they would be comfortable taking decisions for you (e.g. about your medical care) and how well they manage their own finances. You can specify people who you
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If I have an accident and I'm left in a coma, can my wife access my personal bank account without a Lasting Power of Attorney?
Answer
Your wife would not automatically be able to access your finances and would have to go through the Court of Protection which would control your assets. The idea behind this court is to safeguard the assets of vulnerable people. That’s why it is so important to grant someone you trust Lasting Power of Attorney to avoid problems in the future. The Court of Protection charges to deal with your affairs and the process can be very long winded which can prevent them from making decisions that
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How much does it cost to evict a tenant?
Answer
The cost to evict a tenant depends on the type of action you take to evict them, whether you seek legal representation and whether you go to court. The overall court costs and solicitor fees can total between £1000 - £3000. When tenants refuse to leave the property by the specified date outlined in the order for possession or they violate the terms of a suspended order, landlords can seek a warrant for possession from the court. This warrant authorises a bailiff to evict tenants
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What if there are two tenants when evicting?
Answer
If there are two tenants involved in the eviction process, as your litigation solicitors, we will draft all notices and claims to include all tenants. Failure to follow the correct steps could result in accusations of harassment or illegal eviction. The eviction process depends on the type of tenancy agreement in place, so it is important that the correct procedures are followed. After serving the appropriate notice, landlords can apply to the court for a standard possession order if
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What if I don’t have a written agreement (or I have lost the tenancy agreement)?
Answer
Even if you do not have a written tenancy agreement or you have lost your tenancy agreement, this does not mean that there is no agreement in place. A verbal agreement between a tenant and a landlord carries significant legal weight, even in the absence of a formal written contract. These agreements can cover crucial aspects such as rent amounts, payment schedules, utility inclusions, and potential restrictions on cohabitation. Even without a formal written agreement, tenants are not left
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Can I recover costs in possession proceedings?
Answer
Securing a judgment from the court, which includes a nominal sum for legal fees and the court fee, does not guarantee immediate payment. While landlords can pursue reimbursement of costs incurred during the process of regaining possession of their property, the primary objective for most landlords remains securing possession, with any financial recovery considered an additional benefit. In many cases, landlords incorporate clauses in their tenancy agreements, granting them the authority to
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How is tenant eviction done?
Answer
If you want to evict a tenant, you’ll need to follow a legal process which starts by issuing a Section 8 or Section 21 Notice. Depending on whether you have a periodic tenancy which is rolling and runs week to week or month to month, with no specific end date or a fixed term tenancy, a different procedure may be applicable. You should get legal advice before serving any notices to ensure you are following the right steps. Once you have serviced notice, if the tenant does not
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What is a Section 8 Notice?
Answer
A Section 8 notice comes into play when tenants breach the terms of the tenancy. Collaborating with tenants to address issues like rent arrears or establishing a repayment plan can potentially avoid the need for eviction. For Section 8 notices, landlords need to complete a “Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy,” specifying the terms of the tenancy breached. The notice period can vary between 2 weeks and 2 months
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What is a Section 21 Notice?
Answer
A Section 21 notice is used to evict tenants after a fixed-term tenancy concludes or during a tenancy with no specified end date, also known as a “periodic” tenancy. There does not need to be any reason as to why the landlord requires possession of the property. Perhaps they want to sell the property, live in it themselves or rent it to someone else. The notice must grant tenants a minimum of 2 months to vacate the property. However, longer notice periods may be required for
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What if the tenants ignore a court order?
Answer
In the event that a tenant ignores a court order for possession, the landlord can make an application to the court for a Warrant of Possession and the appointment of a County Court Bailiff to evict the tenant. A Warrant of Possession allows landlords to reclaim their property from occupants who do not vacate voluntarily, with enforcement carried out by an Enforcement Agent, often referred to as a bailiff, under the jurisdiction of the County Court. If someone chooses not to let a bailiff in
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What is a Warrant of Possession?
Answer
A Warrant of Possession is a warrant issued by the Court demanding that the tenant vacate a property, if the tenant does not leave on their own accord, a County Court Bailiff will evict the tenant.
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Can I evict a tenant myself?
Answer
In the event that you wish to obtain possession of your property, you must serve a relevant notice on your tenant and if need be, issue a claim for possession. You are not able to remove a tenant or their belongings nor are you able to change the locks.
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Can I cite adultery as grounds for Divorce?
Answer
It is always difficult to cite adultery unless you can actually prove it or your partner will admit to the adultery in the proceedings. If you lived with your partner for six months after you found out about his affair you cannot give adultery as grounds for divorce unless the adultery is continuing. It is often easier to cite unreasonable behaviour giving details of the relationship as an example.
Why do I need a conveyancing solicitor?
Answer
A conveyancing solicitor handles the legal transfer of property ownership from one person to another. This is known as the conveyancing process. People instruct conveyancing solicitors when they are buying or selling a house to deal with the legalities of the transaction. The job of the conveyancer is to keep you updated on the progress of the purchase or sale and to act on your behalf throughout the conveyancing process to ensure that everything is done
What documents do I need for conveyancing?
Answer
The documents that your solicitor will ask for in the conveyancing process will be dependent on whether you are buying or selling the property. Firstly, for both parties, solicitors will ask for proof of identification which will include a passport or driving licence and proof of address. The documents needed when buying a house include proof of funds and a mortgage offer. For proof of funds, you will need to provide bank statements to show that you have the required
What should you ask a conveyancing solicitor?
Answer
When you instruct a conveyancing solicitor there are a number of questions that you should ask. Since there are many conveyancers and conveyancing solicitors around, it is important that you choose one that is right for you and that is part of a regulatory body so that you can trust them as a reliable company. Some important questions to ask include the following: How much will you charge? Is your fee a fixed fee? How much will it costs if the
What is a remortgage?
Answer
A remortgage is the process of applying for a new mortgage with a new lender for your current home. Usually, people would apply for a remortgage on their house when looking for a better interest rate than they currently have, or when a fixed-term mortgage is due to expire. A remortgage does not necessarily mean that you need to change lenders, you may find a new deal with your existing lender. Generally, when applying for a remortgage you will need to
Who can use Will to Remember?
Answer
Anybody over the age of 18 can get a Will to Remember. To access a simple Will just sign up to “Will to Remember” through Alzheimer’s Society.
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How much is a Will to Remember?
Answer
A Will to Remember is free of charge for those who need a simple Will. If your requirements are more complicated, there may be a further cost, however, we will advise you as to whether this applies to you and how much this will be.
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What is the impact of gifts in Wills for Alzheimer’s Society?
Answer
Gifts in Wills fund over 25% of Alzheimer’s Society’s work. With the generosity of its supporters, Alzheimer’s Society has been able to undergo immense research into dementia including immunology, drug repurposing, and genetics. Not only this, charitable donations have allowed Alzheimer’s Society to provide great support services for people affected by dementia
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Are gifts in a Will taxable?
Answer
Gifts given in a Will after your death do not count as “gifts” per say, but rather they form part of your estate. Everything that you own of monetary value is known as your estate when you die. A gift could include anything from property to savings or jewellery. However, anything that you leave in your Will to family and friends including property, money and possessions may be liable for inheritance tax depending on its value. Gifts given less than 7 years before
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How do I choose a good conveyancer?
Answer
You must consider a few factors when selecting your conveyancer or conveyancing solicitor to ensure you've chosen a reliable, knowledgeable, and effective company. Accreditations: By checking that the company is accredited, this will give you the confidence that you're working with accurate and regulated professionals. Companies may be registered with the Quality Conveyancing Scheme, administered by the SRA (Solicitors Regulation Authority) and the CLC for licensed
Do you pay stamp duty on a buy-to-let?
Answer
Yes, you do have to pay stamp duty on a buy-to-let property if the property is worth more than £40,000, or when you buy the property, you will own more than one property. If you purchase a home or piece of land in England and Wales for more than a certain amount, the amount of Stamp Duty Land Tax (SDLT) due is at least 3% on top of the standard stamp duty fee. The fee that you pay will be dependent on your situation and the total amount your properties add up
Is buying a house outright a good idea?
Answer
Whether buying a house outright is a good idea depends on your personal situation and your long-term investment objectives. There are pros and cons to buying a house outright. For instance, buying a house outright means that you will not need a mortgage, which means that you won’t need to worry about monthly repayments, and often the sale of the house can go through quickly as you will not need to apply for a mortgage. Similarly, with a mortgage, you cannot predict how the
What does it mean if you are a beneficiary?
Answer
A beneficiary of a Will is simply someone who will benefit from the proceeds of the Will. When someone makes a Will, they will name beneficiaries who they want to benefit from it. Even if someone does not make a Will and the Rules of Intestacy apply and these will lay out who the beneficiaries should be according to the law. When someone dies and you are the beneficiary, this means that you will receive part of their estate which can include assets, savings,
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Can I recover interest from my debtor?
Answer
You can charge interest on an outstanding debt either in accordance with your contract or at the statutory rate. If you do not have a contractual rate of interest, the Late Payment of Commercial Debts (Interest) Act 1998 provides the basis upon which interest can be charged. The Late Payment of Commercial Debts (Interest) Act 1998 relates to business debts only and allows you to charge interest at 8% above the Bank of England base rate. If your debtor is an individual, the County
How Easy Is It to Update a Will?
Answer
It depends on whether you want to make small changes or completely change your original Will. If you want to change the contents of your Will completely, you will probably have to write a new one and discard the original Will by physically destroying it. If you want to make new changes, but your original Will has already been signed and witnessed, you will have to make an official alteration called a codicil. A codicil is a document that allows you to amend your
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What happens when a party does not pay me monies they are ordered to pay by the Court?
Answer
In default of payment of a County Court Judgement (CCJ), there are several enforcement options available to you to seek to enforce the CCJ. The most common way to enforce a Judgment debt is to instruct the High Court Enforcement Officers/County Court Bailiffs to attend the debtor’s premises and seek payment of the CCJ. Alternative enforcement options include obtaining a Third Party Debt Order, Attachments Of Earnings Order or a Charging Order.
Do I have to go to Court to recover the debt?
Answer
Pursuing County Court Proceedings to recover a debt does not necessarily mean you have to go to Court. In the majority of cases, debts are recovered without a Court Hearing. If the debtor defends the Claim, your attendance at Court may be necessary.
Can a Power of Attorney be a Beneficiary in a Will?
Answer
A power of attorney gives another person the legal authority to make decisions about your money and property on your behalf, either for short-term situations or on a long-term basis. You can choose anyone to be your attorney and you can even appoint more than one person. The only requirement is that they are 18 years or older and have the mental capacity to make their own decisions. A beneficiary is a person named in your Will to whom you have chosen to inherit assets once you pass
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What are matrimonial assets?
Answer
Matrimonial assets or marital assets refer to any assets you and your spouse acquired throughout your marriage. Examples of matrimonial assets include things like your family home, pensions, savings, and investments or businesses that you have set up together. According to the law, any assets you accumulate during your marriage belong to your spouse too, so if you are paying into a pension, for example, your spouse is entitled to a share of it. Assets you acquired while you
Why do you need to verify where my money is coming from for a house purchase?
Answer
Solicitors need to verify where your money is coming from because it is an essential aspect of client due diligence. They do this to ensure that your money does not come from any criminal activities and that you are not using the firm as a vehicle to clean that money for instance. For example, if you purchase a house, a conveyancer has to comply with anti-money laundering regulations and verify where the funds you are using to buy the property are coming from. To do that, they must
Do I Need a Solicitor to Buy My Freehold?
Answer
Yes, you do need a solicitor when buying your freehold, as there are specific legal processes that need to be followed and legal documentation to be handled. The process of buying a freehold is lengthy and involves several legal documents, so hiring a solicitor will make the process easier. When looking for a solicitor, you should aim to contact a few firms to find the one most suitable. A solicitor will help you through the formal procedure, as there are several steps that are taken when
What happens after I have obtained a CCJ?
Answer
Once you have obtained a County Court Judgment against your debtor, there are several enforcement options available to you. The most common way to enforce a Judgment debt is to instruct the High Court Enforcement Officers/County Court Bailiffs to attend the debtor’s premises. Alternative enforcement options include obtaining a Third Party Debt Order, Attachments Of Earnings Order or a Charging Order.
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What is the most common way pensions are split in a divorce?
Answer
In a divorce, the court will always try to split assets including pensions in the fairest way possible. So pensions are split dependent on the circumstances of the couple. The court will try to achieve an equal division where possible but a 50/50 split may not be fair when you consider all the factors. When deciding how a pension should be split, the court takes into account all the points listed in the Matrimonial Causes Act 1973. This includes the needs of any children, the financial
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Do you have to use a solicitor for a Commercial Lease?
Answer
At GloverPriest, we specialise in commercial leases for both landlords and tenants. While it is not a legal requirement to use a solicitor for a commercial lease, we highly recommend seeking professional legal advice to protect your interests and ensure a smooth and successful transaction. Here are a few reasons why working with a solicitor can be beneficial: Expertise and Experience: Commercial leases can be complex legal documents, involving intricate clauses and terms. A solicitor
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Do I need a commercial property survey?
Answer
A commercial property survey is an assessment conducted by a professional surveyor to evaluate the condition and characteristics of a commercial property. Here are a few reasons why you may need a commercial property survey: Property Evaluation: A survey helps you understand the physical condition and structural integrity of the property you are considering to purchase or lease. It can identify any existing or potential issues, such as structural defects, drainage problems, or
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How long does a commercial lease take to complete?
Answer
At GloverPriest, we specialise in commercial leases for landlords and tenants, and we understand that timing is an important consideration in any business transaction. The duration of completing a commercial lease can vary depending on several factors, and it is essential to take into account the complexity of the lease, negotiation process, and other legal considerations. While we cannot provide an exact timeframe as each lease is unique, we can provide a general overview of the factors
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Do pensions always get split in a divorce?
Answer
No, pensions don’t always get split in a divorce. In fact, The Times Money Mentor says that only 16% of couples split the pension in a divorce. This is mainly because couples consider property and other assets as more important and part of the marital pot and perhaps feel unentitled to the other person’s pension because it is what has accumulated over time whilst working. In a divorce, parties can decide between themselves how best to split their assets fairly. Sometimes,
Can I refuse a commercial rent increase?
Answer
If a commercial landlord increases your rent, as the tenant, you have the right to question the increase and dispute it if you feel that it isn’t fair for instance. On the other hand, if your commercial lease has a rent review clause, the landlord can increase the rent if they feel it is necessary as a result of inflation or rent hikes in the area. Usually, rent reviews come up every 3-5 years, allowing the landlord the option to change your rent. Before you sign a
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Can a commercial landlord enter without permission in the UK?
Answer
No, a commercial landlord will need the permission of the tenant before entering a property. A commercial landlord may need to come onto the premises to fix issues and check any problems such as leaks or a fuse box for example, but they will need to ask you first by giving you at least 24 hours’ notice. They may however be able to enter the property if the tenant hasn’t paid the rent for instance or if there is an emergency such as a fire or flood. If a landlord
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How long is the average commercial property lease?
Answer
The average length of a commercial property lease is around 3-5 years. Depending on the business and the commercial premises, this can vary. For instance, some businesses require longer leases than others. Commercial leases can last anywhere between 2- 25 years. The commercial tenant and landlord will decide on a fixed period of time that is suitable.
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What happens if a commercial tenant doesn't pay rent in the UK?
Answer
If a commercial tenant doesn’t pay their rent, then a commercial landlord has grounds to regain possession of the property and evict the tenant. This is called forfeiture. A Statutory Demand can be served if payment of rent is not made in 21 days. In addition, under the Commercial Rent Arrears Recovery Notice, a landlord can give the tenant seven days to leave the property after which, a certified Enforcement Agent can enter the building to recover and sell the
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Is a commercial lease legally binding?
Answer
Yes, a commercial lease is a legally binding contract between a commercial landlord and a commercial tenant. As such, this means that there are certain rights and obligations that both parties have. Not abiding by the terms of the commercial lease will result in consequences like a breach of contract. In light of this, it’s a good idea to speak to a commercial lease solicitor before signing or entering into a commercial lease agreement. This will give you peace of mind that there are no
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Can I walk away from a commercial lease?
Answer
You can’t just walk away from a commercial lease because it is a legally binding contract so it would be a breach of contract to do so. If your commercial lease has come to an end after a fixed term, then you can legally terminate the agreement by giving your landlord notice and serving a Section 26 notice 6-12 months before the end of the lease. Another opportunity to end a lease could be at a “break point” if you have a break clause in your contract. This allows
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Can you get married again without getting a divorce UK?
Answer
It is against the law to get married again if your previous marriage has not been legally annulled. You cannot get married again without first getting a divorce to end the first marriage. If you would like to remarry, your previous marriage has to be legally dissolved by way of a Final Order or Decree Absolute (which it used to be known as before 6th April 2022). This confirms that a divorce is officially finalised. To apply for a Final Order, you have to wait a minimum of six weeks and one day
Will I lose my partners pension if I remarry?
Answer
Whether you are able to claim from your ex-partner’s pension if you remarry very much depends on whether you fall under the new rules or the old rules. This will depend on whether you reached state pension age before 6th of April 2016. According to the current rules, you can receive a State Pension based on your husband, wife or civil partner’s National Insurance contribution at the point of claiming your own pension. However, if you remarry or enter into a new civil partnership
How is property split in a divorce in the UK?
Answer
How a property is split in a divorce in the UK is dependent on what the couple agree. It is better to come to an agreement between yourselves on how property should be split. You could decide to split your property in any of the following ways: Transfer the home from one person to another. Sell the home and divide the proceeds between yourselves in a fair way. Keep the home in joint names and one of you remains in the property to care for the children for instance. You
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Do you have to have a consent order when divorcing?
Answer
A consent order is a legally binding document which sets out the financial settlement and any other arrangements between divorcing couples. It basically explains to the court how spouses have agreed to divide their property and finances. Although a consent order is not a legal requirement, it would be foolhardy not to have one in place when divorcing because without it, there is always the likelihood that a future claim could be made for a share of your assets, property, income or
Is hiding assets in a divorce illegal?
Answer
Yes, it is illegal to hide assets in a divorce. In the context of divorce, both individuals must come to a mutual agreement regarding the division of their finances, assets, investments, and retirement funds. Typically, most couples are able to reach such agreements amicably outside of the courtroom by engaging in open and honest discussions about their financial interests. Regrettably, some couples attempt to conceal assets such as savings, vehicles, pensions, debts, and
Who is best to be an executor of a Will?
Answer
The executor will be responsible for handling financial matters, they will need to communicate with professionals such as lawyers and with the beneficiaries, so it is a good idea to choose someone who is responsible and who you can entrust to act in your best interests. This may be a close family friend or a family member who you believe to be reliable and honest. Difficult decisions may arise in the probate process, it is therefore important that the executor can respond to tricky
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Do I need a solicitor to get deputyship?
Answer
Applying for deputyship through the Court of Protection is a crucial step when you need to make decisions on behalf of someone who lacks mental capacity. This process involves completing various forms and providing essential information about the person's finances, care, and your own qualifications as a potential deputy. While it's possible to navigate this process on your own, there are compelling reasons to consider the assistance of a solicitor. To initiate a deputyship
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How does a declaration of presumption of death affect inheritance?
Answer
Without a Certificate of Presumed Death, nothing can be decided about the estate of a missing person who has been living in the country for at least one year before going missing. In England and Wales, you can make a claim for a Declaration of Presumed Death from the High Court if someone has been missing for 7 years. However, you could also make a claim in a shorter period if you think they have died in a disaster. What matters most is the strength of evidence for death rather than
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What decisions cannot be made by a deputy?
Answer
A deputy is a person that the Court of Protection appoints to make decisions for someone who does not have the mental capacity to make decisions for themselves regarding their personal welfare, property and other affairs. The Court of Protection will outline exactly what responsibilities a deputy has which is decided on a case-by-case basis. There are, however, several things that a deputy is not allowed to do. These include: refusing any treatment that would help you stay alive should
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How long does a Will stay valid for?
Answer
A Will stays valid and does not expire, however, there are times when you should update and renew your Will. When you get married, it's essential to create a new Will that includes your spouse and addresses any children from a previous relationship. Updating your Will becomes crucial to address substitute provisions like guardianship and maintenance. If you are separated but not divorced, updating your Will is necessary as the law may still treat you as legally married upon
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What is the 28-day rule in wills?
Answer
The 28-day rule in Wills is related to when beneficiaries can inherit according to the rules of intestacy. Notably, a 'survivorship period' of 28 days is imposed on the spouse, during which they cannot inherit. If the spouse passes away within this 28-day period, they are treated as not having survived the deceased, and the next class of beneficiaries becomes entitled to inherit without a survivorship period. This provision ensures clarity and succession in cases of intestacy
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What is the difference between a separation order and a divorce?
Answer
When going through a split, individuals often find themselves at a crossroads, unsure whether to separate or proceed with a divorce. Legal separation serves as a middle ground for those who feel their marriage is over but are not yet ready to go ahead with divorce proceedings. Factors like uncertain feelings and religious convictions contribute to this decision. Unlike divorce, legal separation doesn't terminate the marriage, instead, it allows parties to live separately while remaining
What does commercial mean in property?
Answer
Commercial property, refers to properties exclusively used for business-related activities. On the other hand, residential property is for the purpose of living. Typically, commercial property is leased to tenants for income-generating purposes. Commercial property could include office buildings, duplexes, restaurants, coffee shops, retail shops, healthcare centres, hotels or warehouses. Accessibility regulations are often more strict for commercial properties because there
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What Are Sale of Goods Disputes?
Answer
When goods are sold or a service is provided, whether that’s direct to a customer or other businesses, they must align with the agreed description, be of satisfactory quality and be fully fit for their intended purpose. In commercial transactions, sale of goods disputes can often arise when there’s a discrepancy between the delivered goods or services and the buyer’s expectations, particularly when there are concerns that the goods are broken, damaged or spoiled. These
What deposit do you need to buy a commercial property?
Answer
The deposit required for purchasing commercial property is typically around 25% of the total property value for a commercial mortgage. However, this figure can change based on various factors, including the borrower's business circumstances, credit assessment, and the amount being borrowed. Unlike when buying a residential property, each lender has its own way of assessing the amount required for a deposit. Lenders assess several criteria to determine the appropriate deposit amount.
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Can a beneficiary see a copy of the Will?
Answer
Initially, only the appointed executors listed in the Will have the right to access its contents before probate is granted. Others, including beneficiaries, aren't entitled to view the Will at this stage without the explicit consent of all named executors. Legally, executors aren't obligated to disclose the Will or its terms to those who request it. However, beneficiaries have the right to ask for a copy of the Will. If an executor declines a beneficiary's request to see the
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What happens on completion day?
Answer
Completion day is the big day when you officially become the owner of your new home. It's when you get the keys to your property and can move in. However, behind the scenes, there is a lot going on between your conveyancing solicitor and the seller’s conveyancing solicitor. The buyer's solicitor meticulously verifies that all mortgage conditions have been met and then proceeds to request the funds from the lender. Meanwhile, the seller's solicitor is busy obtaining a
What are the benefits of a transfer of equity?
Answer
A transfer of equity serves as a practical tool for adjusting property ownership to meet changing circumstances and financial objectives. Unlike selling the entire property, it allows for changes in co-ownership status, providing flexibility and options for individuals involved. One significant advantage is the ability to adjust the percentage of the share owned by co-owners or to buy out a co-owner's share, which can be helpful in various situations such as changes in
What is the first step when you want a divorce?
Answer
The first steps in the divorce process involve having open and honest discussions with your spouse before initiating divorce proceedings. These conversations should cover various aspects such as property division, child arrangements, financial matters, and the well-being of any children involved and whether you should apply for the divorce together or whether one person should petition. Having realistic expectations about the divorce process is vital. While legal support can streamline
What paperwork do I need to sell my house UK?
Answer
What paperwork do I need to sell my house UK? “What paperwork do I need to sell my house in the UK” is a question our Residential Conveyancing Solicitors are often asked, especially for those selling their first home. It can be quite an overwhelming process with a lot of moving parts, but it can be much quicker if you have all your paperwork ready to go. First, any solicitor will ask for proof of identity, which includes a passport, driver's license or birth certificate
What documents do I need for buying a house?
Answer
What documents do I need for buying a house? Buying a house is incredibly exciting - whether you’re a first-time buyer, buying to let or selling your home to move somewhere new. While buying a house can be a long process, getting all of your paperwork in order early can definitely help speed up the process. The first things your solicitor will need are proof of your identity - such as a birth certificate, passport or driver's licence - along with proof of address (like a
How do I gift my house to my child tax-free in the UK?
Answer
Transferring your property to your children as a gift can be a strategic way to potentially avoid paying Inheritance Tax under specific circumstances. However, it's essential to understand that if you include the same property in your Will instead of gifting it outright, it will be considered part of your estate's value and may be subject to taxation. By gifting property before your passing, you can potentially reduce your exposure to Inheritance Tax on other assets in your estate.
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What is the goal of family mediation?
Answer
Family mediation aims to provide a constructive and efficient way for individuals going through separation or divorce to resolve disputes without the need for extensive legal involvement or costly court proceedings. The primary goal of family mediation is to facilitate open communication and collaboration between parties, helping them reach mutually acceptable agreements regarding various aspects of their separation or divorce. One of the key benefits of family mediation is that it empowers
Can I contest a Will without legal help?
Answer
The short answer is yes, it is possible to contest a Will without legal help. However, while there are no legal requirements to instruct a solicitor to either contest or defend a Will in the UK, it can be a very complicated, evidence-based process and having an expert Contentious Probate Solicitor in your corner could help strengthen your case. How to Contest a Will? To contest a Will in the UK, you’ll first have to determine what grounds you have for contention - i.e. what your
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How to buy a house at auction?
Answer
Buying a house at auction can be a great way to find a bargain or purchase a property quickly. Auctions used to be favoured by cash buyers and investors but, nowadays, you'll find a wide range of buyers at the auction house - even those relying on mortgages. What is a property auction? A property auction is an event where properties are sold to the highest bidder in a competitive environment. Unlike the traditional home-buying process, auctions provide a quick way to buy and sell
How much does it cost to sell a house at auction UK?
Answer
Selling your house at auction can be a quick way to secure a sale, especially if you want to lower your risk of the sale falling through. Auction sales come with their own costs, however, and it's important to know what to expect before you commit. Why sell your house at auction? Selling your house at auction can be appealing for many reasons, especially if your property needs a lot of repairs or it's difficult to sell on the open market. Selling at auction can often ensure a
Can I buy a commercial property without a business?
Answer
Buying a commercial property without having a business would suggest that it is being bought for personal use. This is possible but comes with several considerations. Converting a commercial property for residential purposes typically requires planning permission, which can be a time-consuming process. It's crucial to consult with an experienced commercial property solicitor to navigate these legal requirements effectively. Additionally, properties used for personal
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What is stamp duty and who has to pay it?
Answer
Stamp Duty Land Tax (SDLT) is a tax that you pay to HM Revenue & Customs when you buy a property or land over a certain price in England and Northern Ireland. The person buying the property is responsible for paying the stamp duty. Stamp duty, officially known as Stamp Duty Land Tax, is a tax levied by HM Revenue & Customs when purchasing a home. The amount of stamp duty paid depends on factors such as the property's location, purchase price, and whether it's the
What can you not include in a Will?
Answer
When drafting a Will, it's essential to exclude assets like ones you don't solely own, such as jointly owned properties or assets held in shared accounts, as they typically pass automatically to co-owners. Additionally, avoid including conditions on gifts, as overly restrictive terms can lead to disputes and delays in finalising the estate. Expressing funeral preferences in a Will is common but not legally binding, so it's advisable to discuss them directly with family members
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What can be settled in mediation?
Answer
Mediation is a versatile and effective method for resolving a wide array of civil disputes, including professional negligence, personal injury, breach of contract, money disputes, bankruptcy, wills and probate disputes, trust disputes, charities disputes, guardianship disputes, land or property disputes, landlord and tenant disputes, neighbour disputes, intellectual property disputes, and defamation cases. It can also be a great way to resolve issues in family law such as child arrangements and
At what age should I make an LPA?
Answer
There is no specific age at which it becomes necessary to set up a Lasting Power of Attorney (LPA), but it is wise to consider doing so as soon as you are legally able at eighteen years old. The most common reason for needing an LPA is age-related dementia, such as Alzheimer’s Disease. However, there are many other situations where an LPA is crucial, such as accidents resulting in serious brain injuries, episodes of severe mental illness, strokes, serious illnesses that incapacitate
How Does Force Majeure Tie Into Contract Disputes?
Answer
You might have come across the term "force majeure" in contracts, particularly when it comes to business agreements. The French term, meaning ‘superior forces’, generally covers unexpected events, like natural disasters or pandemics, that can stop one or both parties from honouring their contractual obligations. When a dispute arises over a contract, one of the big questions is whether something really qualifies as force majeure and if it actually made it impossible to
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