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Am I entitled to see a copy of the Will before it goes to Probate?

The only people who are legally entitled to sight of a Will before a Grant of Probate is issued are the executors who are named in the Will.  That being said, it is common practice for an executor to provide a copy of the Will if it is requested.

Once a Grant of Probate is issued, the Will is then a public document and can be readily accessed by anybody who wishes to see it.

Related FAQs

Were any measures sector specific?

All of the measures announced above are aimed at all employers in the UK and are not sector specific. However, over and above these measures the Chancellor also announced a number of financial measures that he hopes will save jobs in the hospitality industry such as the reduction of VAT on food and drink and the “eat out to help out” scheme which has already taken place. The Job Support Scheme is designed to support businesses who face lower demand due to the pandemic, and so is designed to have an impact on those sectors most badly hit.

Should I have a homeworking policy?

If organisations don’t have a formal home working policy, then they should set out, as soon as possible, in clear terms, what is expected of employees from a data protection perspective when working from home. These might include:

  • If someone is using their own device for remote working, ensuring that any devices that hold work-related information have up-to-date anti-virus software and that broadband connections have properly configured firewalls
  • Reminding staff to contact the organisation’s IT department if they encounter any issues with home working, and not to try and resolve any issues themselves
  • Reminding staff that they should notify relevant individuals within the organisation if they consider that there might have been a personal data breach. A breach will still be notifiable even if it does occur at home during the pandemic. These should be logged by the organisation in their data breach log in the normal way
  • Ensuring staff lock their devices whenever they are not using them
  • Where possible, working in a separate part of the home to family members
  • Ensuring confidentiality of information – advising staff not to have phone calls where others are likely to hear the conversation. This might mean moving to a different room, closing the door, or arranging a call for a more convenient time. If employees have smart speakers, you may want to consider advising them to either turn these off, if they are working in the same room as it, or work in a different room
  • Wherever possible, avoid taking hard copy documents home, and, if papers are taken home, never placing those papers in a bin or using a home shredder – any such papers should be shredded back at the office in the usual way
  • Locking any papers in a safe place
  • Not using social media platforms (unless already used and permitted by the organisation) to discuss work matters
  • Advising extra caution with incoming emails as at times such as this there may be an increased risk of fraud, email hacking, spear phishing etc.
  • Avoiding information being sent to personal email accounts (for example, so it can then be printed at home)
  • Reminding staff of your organisation’s Information Security policies, procedures and protocols. These could be emailed to all staff working from home or they could be directed to such documents on the organisation’s intranet, for example

Organisations should also ensure that their remote access systems can cope with increased demand.

Whilst the ICO appreciates the unprecedented nature of this pandemic, it does not mean that organisations can forget about their obligations as controllers of personal data. If a major data security breach were to happen, there is still the possibility of enforcement action where the organisation didn’t put in place good risk mitigation measures.

We have a specialist team of data protection lawyers here at Ward Hadaway, and would be happy to discuss any data protection concerns or issues that you might have.

Will HM Treasury continue to collect my apprenticeship levy payments?

HM Treasury have no current plans to pause the collection of apprenticeship levy payments from employers, therefore levy-paying employers must continue to make payments. There is also no plan to extend the 24 month period allowed to spend levy funds.

VIDEO: Can trade credit insurance help to keep the supply chain moving?

On Tuesday 23rd June, partner Emma Digby was in conversation with Steve Hamstead and Mark Smith from AON along with Ward Hadaway commercial lawyer Nathan Bilton in a webinar titled Can trade credit insurance help to keep the supply chain moving?

The insurance market is under untold pressure as a result of the pandemic, and in such times there is a risk that insurers will cancel or reduce credit lines, particularly in certain high risk sectors such as retail. However the Government has stepped in to effectively underwrite the existing trade credit insurance agreements, and to keep trade supplies moving. Will this be enough?

In this webinar, we discussed:

  • the Government backed scheme and how it will operate
  • the prospects of obtaining insurance going forward, and whether it will become too cost prohibitive
  • could the new legislation put your business at risk and jeopardise your insurance cover if you cannot cancel a contract when you are not getting paid for your goods or services
  • the Brexit effect, and how this will affect the insurance market
  • protecting your business with proper risk assessment processes and paperwork
What is a declaration of trust, and what does it do?

A declaration of trust is a legal document which sets out who owns what. It is a document in which one person declares that they hold assets on trust for the benefit of one or more beneficiaries. A declaration of trust is a legally binding document which can be used to formally record the financial arrangements between owners of a particular asset.

A declaration of trust is most commonly used in family disputes in relation to property which has been purchased jointly by a couple, and/or with the financial assistance of someone else, such as a gift/ inheritance from parents. Within the declaration of trust you are able to record who has paid the deposit for a home, and how you would want to split the proceeds of sale in the future if you were to separate. It can provide clarity at what may be a difficult time, and hopefully reduce any disagreements in the future in the event that you separate from your partner and wish to protect your parents’ bequest.