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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.

Related FAQs

Is there anything I need to put in place for their return? What are my responsibilities?

The basics of health and safety law requires that employers take “all reasonably practicable steps” to ensure workers’ safety and that a suitable and sufficient assessment of risk is undertaken. It is the individual assessment of Covid-19 risk in each workplace that will be central. Employers will be required to conduct a robust risk assessment and then, following the hierarchy of controls, put robust processes and safeguards in place to address those risks.

UK government guidance and HSE advice is continually evolving, which in practice means that any risk assessment will need to be reviewed very regularly as that guidance develops. There is flexibility for individual businesses within the overall government framework and there will need to be a process of evaluation to ensure that the measures in place continue to meet the requirements.

The starting point of avoid, eliminate and control means looking at individuals continuing to work from home where possible (the fewer the number of people back in the workplace the lower the risk), and if not look at risk management, which leads to administrative controls – i.e. changing work practices before ending up at PPE. PPE is generally seen as control of last resort but in practice – facemasks, disposable gloves and constant prompts to wash hands for example.

In terms of changing working practices, employers should be thinking about:

  • the workspace and how this is laid layout
  • how do we make sure it is kept clean and hygienic
  • how do we keep people apart
  • how can we use toilets, canteens or other shared spaces/facilities safely
  • how do we promote and enable higher levels of workplace hygiene
  • if we are going to rely on PPE – can we get it, and is it suitable
  • what about limiting customer interactions
  • will there be enough first aiders on site
  • can we manage fire safety, deliveries etc
  • what about higher risk workers
  • should work tools and equipment be allocated on an individual basis to employees.

These decisions need to be recorded and clearly communicated to staff members.

My ex lives in another country – can I still get divorced in England and Wales?

Certain criteria need to be met to divorce in England and Wales. These criteria are generally based on where each party lives or is domiciled and how long they have lived in England and Wales. If you ex lives abroad, the more common grounds used are:

  1. That you were both last “habitually resident” in England and Wales and one continues to reside here
  2. That you are “habitually resident” in England and Wales and have resided here for at least one year immediately before applying for a divorce
  3. That you are “domiciled” and “habitually resident” in England and Wales and have resided there for at least six months immediately before applying for a divorce
  4. That you are “domiciled” in England and Wales

The test for whether you are “habitually resident” or “domiciled” for the requisite period of time can be quite fact specific so it is always best to seek legal advice.

If you meet the eligibility and start proceedings here, your ex may start competing proceedings abroad. In those circumstances, the court will consider where is most “convenient” and if the courts where you ex lives are found to be more convenient, it will stop the proceedings here. Convenience is fact specific but by way of example, if all of your assets are located in the country your ex resides in, it may be more convenient to base the proceedings there for ease of enforcing financial orders.

Given the recent decline in financial performance, the business is now in breach of its covenants with the bank. Should we be concerned?

That will depend on the terms of your facility and the stance taken by your bank.

Banking facilities often place obligations on businesses to stick to certain financial criteria. For example, an obligation to keep turnover or profit above certain levels or a commitment to keep the bank’s exposure within an agreed percentage of the value of the company’s assets (known as loan to value ratio).

The consequences of breaching those covenants will depend on the terms of your facility, but normally this amounts to an event of default. Events of default can result in the loan (or whatever form the facility takes) becoming repayable and could give the bank certain powers to take action to recover the money that they are owed.

Whether the bank will take action during these unprecedented times is another matter, particularly given the extent of support being offered to businesses via mainstream lenders and the political desire to keep viable businesses up and running. Lenders themselves will no doubt wish to remain supportive where possible. The underlying performance of the business (and whether but for the effects of Covid-19 it would have been in a healthy financial position), the relationship you have with the bank and your history with them will no doubt be relevant to the approach taken by the bank. However, early engagement with your bank (as well as other key stakeholders in the business) will be important.

My dad has died and has left everything 50/50 to me and my sibling. However, I know that he gave my sibling a large sum of money before he died. Can this be deducted from my sibling’s share of the estate?

You will need to check the provisions of the Will. The Will might say whether your dad intended to set the amount of gift off against your sibling’s share of their estate.

If your dad intended the sum of money he gave to your sibling as a completely separate gift, then you cannot deduct the sum of money from their share of the estate. However, your sibling will have to prove that this was your dad’s intention when he made the lifetime gifts, as it is presumed that a person would not make the same gift twice (known as the rule against receiving “double portions”).

Can employees who are shielding be placed on Flexible Furlough?

Employees who are unable to work because they are shielding in line with public health guidance (or need to stay home with someone who is shielding) can be furloughed after 1 July 2020, as long as you have previously submitted a claim for them in relation to a furlough period of at least 3 consecutive weeks taking place any time between 1 March 2020 and 30 June.