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Director at R L Edwards Finalist at WWMB Awards!
R L Edwards is delighted to announce that Director Emma Hardwidge is a finalist at this year's Welsh Women Mean Business Awards! Emma is a finalist in the category 'Best Woman in a Legal or Accountancy Business'.
The awards are specifically targeted at women owner-managers running small and medium enterprises and highly successful women entrepreneurs who have turned a great business idea into a reality or developed an existing business into a thriving enterprise. The Welsh Women Mean Business Awards are sponsored by Go Compare.com with Principal Partners including Sony UK Technology Centre.
The awards will be held at Holland House Hotel in Cardiff on 11th March 2010 where the winners will be announced. Fellow Director Madeline Rand commented: "I am delighted that Emma is a finalist in the WWMB Awards and will be representing both R L Edwards and Welsh women in business. Being a finalist is a great achievement and I am looking forward to the awards ceremony on the 11th March!".
Local legal news and advice
Ask our experts. Please submit your questions to madeline.rand@rledwards.co.uk
Home ownership for married couples?
"Married people usually own their home in such a way that when one dies, the deceased’s share will automatically pass to the survivor. This could be concerning for people who marry for a second time with children from a previous relationship if they want to provide for those children when they die."
RL Edwards, Madeline Rand says:
If you are in the above situation you should consider severing the tenancy of your home so that your half share will pass through your will to your children rather than to your spouse. A tenancy can be severed by signing a simple document giving notice of your intention to change the ownership of the property.If you decide to sever the joint tenancy you should make a will at the same time.
If you wish to discuss this issue further then please contact R L Edwards Solicitors to arrange an appointment.
Forced to sell home to cover care costs?
"My elderly Mother is going in to a Care home soon. My brother lives with her in her home which she alone owns. I am concerned that she may be forced to sell her home in order to pay for the fees at her Care home."
RL Edwards, Madeline Rand says:
Yes, since if you die intestate, that is without a will your estate will automatically pass to your husband and then upon his death (if he has no will) the estate will pass to his next of kin, ie his parents if they are still alive, or if not his siblings. If your husband remarries then his new wife will be his next of kin and could inherit the estate under the Intestacy Rules.
Therefore your children could find themselves with nothing from your estate. This is probably not what you want so you will need to prepare a will in order to make sure that your children benefit from your estate upon your death.
Will packs?
"I have no will and was thinking of buying a will pack in order to prepare my own. Will this be legally binding?"
RL Edwards, Madeline Rand says:
It is always advisable to have your will professionally drafted as problems can arise otherwise. Unless your will clearly states your intentions and is properly executed it would be invalid and you will be intestate which means that your next of kin will inherit after your death. This may be against your wishes so it is worth paying to have your will professionally drafted so as to avoid difficulties later on.
Should I create a Will?
"I am married to my second husband and have two children from my first marriage. Is it a good idea for me to make a will?"
RL Edwards, Madeline Rand says:
Yes, since if you die intestate, that is without a will your estate will automatically pass to your husband and then upon his death (if he has no will) the estate will pass to his next of kin, ie his parents if they are still alive, or if not his siblings. If your husband remarries then his new wife will be his next of kin and could inherit the estate under the Intestacy Rules.
Therefore your children could find themselves with nothing from your estate. This is probably not what you want so you will need to prepare a will in order to make sure that your children benefit from your estate upon your death.
Tense at home
"My husband and I are separating and things have become very tense in the home because of his abusive behaviour towards me. The home is owned in joint names and neither of us can afford to pay the mortgage if we had to rent another place. I have two young children and I am concerned about the effect on them of witnessing his behaviour. What can we do?"
RL Edwards, Madeline Rand says:
If your Husband’s behaviour is affecting the children, you could apply to the Court for an injunction to remove him from the home and prevent him from assaulting you further. You will need to see a Solicitor who will make the appropriate application to the County Court.
You will also need to resolve the issue of the ownership of the family home. Again an application to the Court may be necessary, in which case the District Judge will look at the needs of any dependent children before those of the Parties and is likely to be sympathetic to your case if you wish to remain in the home with the children. It may also be possible for you to claim Housing Benefit to assist you in paying the mortgage on the home if you remain there with the children.
Threatening Letters
I am receiving threatening letters from a debt collection agency for some money I owe to a bank for an unsecured personal loan. I can no longer afford the loan and I am worried about what this company might do to me. What should I do?
RL Edwards, Madeline Rand says:
If the bank and the debt collection agency have not obtained a court judgment against you their enforcement powers are actually quite limited. This is often the case with unsecured loans for sums of relatively small amounts as often the legal costs of the taking a debtor can be greater than the amount which the creditor can expect to get back at the end of the process.
Nevertheless, you should not bury your hand in the sand. The best policy is to immediately contact your creditor, explain your circumstances to them and make a reasonable repayment proposal based on what you can afford. Most unsecured creditors will accept a reasonable proposal. You should also make sure that you ask for all interest and charges to be frozen on the account to prevent the debt from spiraling out of control.
If the creditor has obtained a court judgment against you the situation is more serious as they now have a number of enforcement options available to them such as getting a charge against your property, obtaining an order for deductions from your wage, petitioning you for bankruptcy or instructing a court bailiff to attend your property to seize possession. In these circumstances you should seek immediate legal advice though it is important not to panic - the enforcement powers available to the creditor may not be as draconian as you may think.
Reposession shortfall
My house was repossessed six years ago and recently the mortgage company has asked me to repay the shortfall. Can they do this?
RL Edwards, Madeline Rand says:
The mortgage company can recover their funds up to 12 years from the time that the mortgage went into default. Normally the mortgage company asks you to complete a financial statement setting out your income and outgoings and then the mortgage company may consider taking reduced payments or a reduced settlement amount by way of lump sum. However if you have a new property the Mortgage company may apply for a Charging Order in respect of the property. We would strongly advise you to seek independent legal advice.
