My mum remarried. She has now passed away and has left everything to my step-dad. I am worried that he will not leave me anything when he dies. Can my step-dad write me out of the Will?
This will depend on the arrangements your mum (or dad, as the case may be) and her spouse have made. They may have made ‘mirror Wills’ or ‘mutual Wills’. Alternatively, they may have simply made their own Wills which have totally different provisions.
If your mum and your step-dad made ‘mirror Wills’, then the surviving spouse can revoke that Will and make a new one. They may not leave you anything under their new Will, and a dispute may rise.
If your mum and your step-dad made ‘mutual Wills’, they make a legal promise not to change their Will unless they both agree to this.
Complex family structures can lead to issues and fallouts when someone dies. These circumstances are very fact-specific. You can contact us for advice and we can advise you whether we think you have a claim.
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The change in the law has the potential to place much greater financial risks on suppliers, making it more difficult to exit a contract with a customer of doubtful solvency. This will place increased emphasis on appropriate financial due diligence and credit checking before entering into supply contracts.
In addition to the obvious issues around financial risk, suppliers will also need to think carefully about how their contracts are drafted. For example, any form of right that is drafted so as to be triggered on customer insolvency will clearly be problematic. These could include:
- Retention of Title provisions, which are commonly drafted so that the right to enter premises and retake possession of the goods is triggered on insolvency;
- Provisions for brand protection, which seek to control how goods are dealt with on termination of the contract.
This is potentially a very significant development for many businesses. We would strongly recommend specialist advice be obtained so that:
- businesses understand the potential increased risks faced; and
- where possible, contracts are updated so that appropriate protections are maintained.
The application is made via the Companies House website, and only takes a few minutes to complete. Companies House have indicated that the extension is “automatic and immediate” and will be for three months.
Having said that the extension is “automatic”, their website also says that Companies that have already extended their filing deadline, or shortened their accounting reference period, may not be eligible for an extension.
If an extension is granted, it will not affect the due date for filing accounts in future years – so the deadline will revert to the usual date for the next accounting period.
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The government passed emergency legislation relaxing the carry-over of the 20 days leave entitlement provided under EU law. Where it is not reasonably practicable for an employee to take leave in the relevant leave year as a result of the effects of the coronavirus then they could be entitled to carry over the untaken leave into the next year.
Read more about thisWe don’t recommend this. Status determination statements must be issued before 6 April 2021 for current engagements and the appropriate deductions are to be made on payments for services carried out on or after 6 April 2021.
Read more about thisPartner at Ward Hadaway Adrian Ballam talks to corporate finance expert and CBILS specialist Chris Silverwood (CorpFin and cashflow.co.uk) to explore the practical ins, outs, dos and don’ts of CBILS applications, answering the questions:
- How are banks making their assessments of whether a business can afford a CBILS loan when for many they cannot accurately forecast their revenues for at least the next three months?
- What are the red flags that banks are looking for when assessing whether or not to grant a request for a CBILS loan?
- What cost mitigation measures should a business have already implemented prior to applying for a CBILS loan?
- What level of information should a business provide to support a CBILS application?
- What common mistakes are businesses making when applying for funding?
- What general tips do you have for businesses seeking CBILS funding?
Click read more to view the video.
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