Archive for month: June, 2018

Most of us understand that if we prepare a new Will, this revokes any previous Will that we have made and renders it invalid . We also know that we need to make sure that our Wills are properly signed and witnessed otherwise they may not be effective.

There are many other things, including changes in your personal circumstances which could render your Will, or part of it, essentially invalid. It is best to take proper advice and have your Will carefully and professionally drafted to suit your individual needs and to make sure that it can adapt to your changing lifestyle.

Getting married

Getting married or entering into a civil partnership will revoke any existing Wills that you and your partner had put in place if they are not drafted carefully. However, getting married is often a time when partners decide to amend their Wills to honor their new husband or wife. To ensure that your Wills withstand the forthcoming nuptials, they must state that they are  made in contemplation of entering into the union or it may be better for them to be signed very shortly after the big day.

Partially revoked by divorce

Divorce does not revoke a Will in its entirety. Yes you read that right! A divorce will only invalidate any gift made to your ex-spouse and will render their appointment an Executor void. The rest of your Will will still stand and your Estate will fall to your residuary beneficiaries. To be sure that your Will is effective in carrying out your wishes, it is best to review its terms when a big life change, such as a divorce, occurs.

You did not have capacity when making your  Will

If a you do not have the required mental capacity when making your Will, or later at the time of signing it, the entire document will be declared invalid. The tests for capacity are laid out in the case of Banks v Goodfellow 1870 and the Mental Capacity Act 2005. If you have recently been diagnosed with an illness or are on medication which may affect your judgment, your solicitor may ask you to visit your doctor for them to carry out a short capacity assessment. If satisfactory, this will be good evidence that you were of sound mind when making your Will and your wishes should be followed.

You have amended your Will since signing the original

If you have made any changes to your Will since signing it, the change made will not take effect unless it is formally attested in accordance with the Wills At 1837. Unbinding your Will or removing/ adding extra pages could possibly invalidate your Will in its entirety. If you have crossed out any part of your Will, but the original working  can still be read, the clause will likely still be effective and the beneficiary who you intended to remove may still receive the original gift. To ensure that any changes to your Will are properly valid, it is best to seek advice and perhaps prepare a Codicil. This is a short document which will sit alongside your Will and will give effect to your desired amendments.

A beneficiary witnesses the Will

If one of your beneficiaries witnesses your Will, the gift that you have left them will fail. The rest of your Will will still stand but this may mean that a larger part of your Estate than you originally intended may pass to your residuary beneficiaries. it is therefore best practice to sign your Will in the presence of somebody completely independent and often your solicitor and a member of their staff are best placed to ensure that your Will is properly signed.

The failure of a specific gift

Most of us will want to ensure that we pass items of high or sentimental value on to our loved ones and will want to specify the items that we would like them to have. This could include a gift of a particular watch or car, or the proceeds of a specific bank account or insurance policy. However if the particular item is disposed of or sold before you die, selling a car or closing a bank account for example, your beneficiary will not necessarily be entitled to take another item in its place or be paid their legacy from other available funds. Careful drafting and proper advice will ensure that your loved ones receive the desired portion of your estate.

Your Will fails to dispose of all of your  assets

A properly drafted Will will include a clause which deals with your “Residuary Estate”. Your residuary estate will consist of assets held at the date of your death that you have not otherwise specifically bequeathed in your Will. If you do not include a clause which properly and fully disposes of your residuary estate, some of your assets may pass to beneficiaries in the order set out in the Intestacy Rules.

If you would like to review your Will, or make a new Will or Codicil, please contact Hollie Skipper at hskipper@meaby.co.uk, or feel free to call on 020 3861 5158.

 

According to Wikipedia, the land at Oval was from the seventeenth century used as a market garden.  The name Oval originated from the street layout which was originated in 1790 but never completely built.

Oval has good transport links with Oval station being on the Northern Line and with many buses passing through.

There is a large farmers market in the church gardens at St Marks Kennington, right near Oval station on Saturdays.  This has many stalls which sells a wide variety of produce including meat, eggs, milk, cheeses, vegetables and fruit, cider, wine, cured meats, bread, cake, chocolates and gifts.  There are also street food stalls so you can enjoy a spot of lunch during your visit.

Oval is famous for the cricket ground where Surrey County Cricket Club play their home games, so it is a great place if you enjoy watching cricket.

Kennington Park is also near the station.  It’s a large park which has plenty of room for playing sport, having a walk or sitting in the sun.  It has a playground and also has a large outdoor gym.  The outdoor gym has plenty of gym equipment including several pull-up bars, monkey bars, balance beams and a wobbly plank to test your balance!

Clapham Road has a number of shops including Max and Melia which sells interesting gifts and homeware.

If you like the arts, The Ovalhouse Theatre on Kennington Oval offers regular theatre performances.  Occasionally, they also have pop-up restaurants which are worth looking out for.

The Fentiman Arms on Fentiman Road is a local pub which does good pub food and shows sport.  It has pub garden so you can sit out in the sun with a pint.  It also has a regular pub quiz.

Claylands Fish Bar on Claylands Road does traditional fish and chips.  It also offers free chips with your fish on Tuesdays.

Adulis Restaurant on Brixton Road is an Eritrean restaurant where you can enjoy traditional African stews and curries with injura (a flat spongy flatbread).

If you’re looking to sell or buy a property in Oval or the surrounding areas, please contact Brian Craig on 020 7703 5034 or bc@meaby.co.uk for timely advice.

The long awaited decision has been delivered by the Supreme Court in Pimlico Plumbers Limited and anor -v- Smith where it has been held than an employment judge was entitled to conclude that a plumber who worked under a contract where he was described as an independent contractor was in-fact a worker.

The facts of the case are that Mr Smith entered into a contract with Pimlico Plumbers as an independent contractor providing plumbing and heating engineer services and this was confirmed in a written contract.   It also stated that he was in business on his own account, and that Pimlico Plumbers were  not obliged to offer any work and that Mr Smith was under no obligation to accept any work.

The written contract also set out that Mr Smith should complete a minimum of 40 hours per week work, had to drive a van bearing the logo of the company and wear a uniform with the same logo.

Importantly there was no express right of substitution where Mr Smith could substitute another plumber to undertake his work, although the Pimlico Plumbers could swap work arrangements between themselves.

Pimlico Plumbers terminated the arrangements with Mr Smith on 3 May 2011 and he then issued claims in the employment tribunal for failure  to pay holiday pay, unlawful deductions from wages and disability discrimination.

The Employment Tribunal had to determine whether Mr Smith was a worker for the purpose of his holiday pay and unlawful deduction of salary claims and an employee for his disability discrimination and equality act  claim.

At first instance the Employment Tribunal held that Mr Smith was a worker and an employee for these purposes.   It held that the main purpose of the written contract was for Mr Smith to provide work for Pimlico Plumbers and that he did not have an unfettered right to substitute at will.  He was therefore obliged to provide his services and was therefore a worker.

Pimlico Plumbers appealed the decision to the Employment Appeal Tribunal and then the Court of Appeal where the appeals were dismissed.

This brings us to the latest appeal to the Supreme Court which has also dismissed the appeal.  The Supreme Court held that the original employment judge had been entitled to find that Mr Smith’s only right of substitution was another colleague at Pimlico Plumbers and that this limited right of substitution was not inconsistent with an obligation to perform services personally.

Other important factors that swayed the decision that Mr Smith was a worker was the requirement to wear a uniform bearing the logo of Pimlico Plumbers, drive their van with their logo, the necessity of carrying  an identity card and following instructions from its control room.  There were also references in the written contract to ‘wages’, ‘gross misconduct’ and ‘dismissal’ and restrictive covenants controlling Mr Smith’s activities in the event of the termination of the arrangements.   The language is  consistent with an employment relationship.

Rather predictably Charlie Mullins of Pimlico Plumbers said ‘The shame of all of this is that it is currently accepted that current employment law is not fit for purpose, and needs to be changed.  But when it’s put to the test in our highest courts there isn’t even the slightest suggestion that there is a problem that needs to be addressed.  This is a poor decision that will potentially leave thousands of companies, employing millions of contractors, wondering if one day soon they will get a nasty surprise from a former contractor demanding more money, despite having been paid in full years ago.  It can only lead to a Tsunami of claims’.

It could also be argued that many businesses like Pimlico Plumbers do not understand employment law and the boundaries between employment and self-employment.  Charlie Mullins statement about companies ’employing millions of contractors’ is also inconsistent.

The message from the Courts are  that Companies who engage contractors in the Gig economy really ought to ensure that the relationship that they are creating in reality actually mirrors the day-to-day activities.   This model can work but only if contractors are truly self-employed with no mutuality of obligation for example to have to accept work, with a right to substituting  other contractors.   Contractual documentation also needs to be carefully tailored to ensure that the language is consistent with true self-employment/contractor status.

It is our observation that many companies like Pimlico Plumbers are attempting to cut corners and deny employment rights by taking on contractors who they still wish to control in terms of the work that they carry out and the hours that are worked.

It will no doubt be left to the Government to tackle these developments and to legislate  to make it clear that those working in the ever evolving Gig economy do have rights and will be classed as workers, thus providing employment protection rights that come with that status  for example to holiday pay, and  national minimum/living wage.

If you have any questions in relation to worker status and the Gig economy then contact Steven Eckett, Head of Employment at Meaby&Co etc for timely advice: seckett@meaby.co.uk or call 0207 703 5034.