Digital assets and the importance of leaving a digital legacy
Phillips Lewis Smith Legal Articles
by leah@firetap.co.uk
1y ago
Leaving formal instructions for what should happen to your possessions on your death is a vital task, but it is estimated that fewer than half of adults in the UK have drawn up a Will. Furthermore, even when a valid Will is in place, some of the most forgotten items when drafting a Will are digital assets, also known as your digital legacy. Your digital legacy is the online information you will leave behind after you pass away, from social media and email accounts, websites, or blogs, to photos, cryptocurrency and NFTs. All these can be categorised as digital and should be added as directions ..read more
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Breaching a Restrictive Covenant
Phillips Lewis Smith Legal Articles
by leah@firetap.co.uk
1y ago
When moving into a new home, you may want to start decorating or carry out more extensive property development, but are you allowed to? If your property deeds contain a restrictive covenant, you may be limited in what you are allowed to do to the appearance or conformity of your new home or flat. In this article, we look at some commonly asked questions about restrictive covenants and breaches of restrictive covenants.   What is a restrictive covenant? Restrictive covenants are obligations imposed on properties or land that are often written into the property transfer or lease, usually b ..read more
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Declaration of Trust
Phillips Lewis Smith Legal Articles
by leah@firetap.co.uk
1y ago
When you jointly own a property with another party, it is essential to declare your ‘beneficial interests’ so your intentions are clearly set out from the outset, which can help avoid future confusion and disputes. The title at Land Registry will show the legal ownership of the property but will not specify the shares in which you own it. This article looks at the importance of a Declaration of Trust for cohabitees who are not in a formal marriage or civil partnership.   What is a Declaration of Trust A Declaration of Trust, also called a deed of trust, is a legal document conf ..read more
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Can Long Covid be a Disability?
Phillips Lewis Smith Legal Articles
by leah@firetap.co.uk
1y ago
Since the onset of the Coronavirus Pandemic, which saw the first national lockdown in March 2020, many legal firsts and legislative changes have impacted employment law. Whilst new changes to Covid guidance include the government’s Living with Covid Strategy, some employment law rights, especially those regarding long-term suffering of the disease, have not been overly clear. One of the most significant is regarding long covid and whether this can be seen as a “disability” for the purposes of the Equality Act. However, in an Employment Tribunal hearing that recently hit the headlines, an empl ..read more
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Business Tenancies and the Landlord and Tenant Act 1954
Phillips Lewis Smith Legal Articles
by leah@firetap.co.uk
1y ago
Generally speaking, the Landlord and Tenant Act 1954 provides ‘security of tenure’ to business tenants. But what does this mean? Under the Act, commercial tenants – if the lease is “inside the Act” – have the right to renew the lease when it ends and the ability to remain in occupation at the property at the end of the contractual term of the lease on the same terms as the old lease. However, this will be subject to reasonable modernisation and at a new market rent. The Act is in place to ensure that commercial tenants cannot, provided they abide by the terms of their lease, be evicted withou ..read more
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What are the steps needed to get divorced in the UK?
Phillips Lewis Smith Legal Articles
by leah@firetap.co.uk
1y ago
Whilst the latest divorce reforms mean that process is now more straightforward in some respects, it does not necessarily make it less daunting. Even if it is mutual, coming to the decision that your marriage or civil partnership has ended can be distressing and ideally, divorce is not something you should handle without seeking legal advice. For example, the new divorce laws, whilst welcome, haven’t changed the process of dealing with the finances and arrangements for children. It is essential that you fully understand your legal rights and the implications of ending your marriage ..read more
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What is Transfer of Equity?
Phillips Lewis Smith Legal Articles
by leah@firetap.co.uk
1y ago
If you wish to transfer all or part of the ownership of a property, referred to as ‘transfer of equity’, typically you will need the assistance of a property solicitor or licenced conveyancing practitioner. Whilst in most cases, the process can be quite quick and straightforward, some transactions may take longer or be more complex, for example when there is a registered mortgage. In this article, we look at the transfer of equity process and some frequently asked questions. WHAT IS TRANSFER OF EQUITY? Transfer of Equity is the legal process required to add or remove someone from the title de ..read more
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MLD5 and Trust Registration: Briefing Note – June 2022
Phillips Lewis Smith Legal Articles
by leah@firetap.co.uk
1y ago
In 2020, a new HMRC Directive called the EU Fifth Anti-Money Laundering Directive (MLD5) came into force. It has the effect of significantly widening the scope of trusts that are required to register with HMRC’s Trust Registration Service (TRS), and trustees will need to carefully consider their obligations. Under a previous Directive, MLD4, most taxable trusts were required to register with the TRS. MLD5 widens the scope of registerable trusts significantly to (a) certain non-UK resident trusts and (b) any UK resident express (deliberately created) trust, except those specifically excluded f ..read more
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The benefits of Alternative Dispute Resolution (ADR)
Phillips Lewis Smith Legal Articles
by leah@firetap.co.uk
1y ago
Unfortunately, disputes can arise for several reasons in all walks of life, either personal or professional. When this happens, if they cannot resolve the issues on their own, the parties in conflict might seek professional help to arrive at a resolution, including litigation, through the court system. Alternative Dispute Resolution (ADR) encompasses a range of methods for solving a dispute without going to court. Almost all disputes can be resolved through ADR ranging from personal issues such as divorce or disputes arising in employment to large-scale commercial disputes. In previous articl ..read more
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The benefits of Alternative Dispute Resolution (ADR)
Phillips Lewis Smith Legal Articles
by leah@firetap.co.uk
1y ago
Unfortunately, disputes can arise for several reasons in all walks of life, either personal or professional. When this happens, if they cannot resolve the issues on their own, the parties in conflict might seek professional help to arrive at a resolution, including litigation, through the court system. Alternative Dispute Resolution (ADR) encompasses a range of methods for solving a dispute without going to court. Almost all disputes can be resolved through ADR ranging from personal issues such as divorce or disputes arising in employment to large-scale commercial disputes. In previous articl ..read more
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