Audley Chaucer Solicitors

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Audley Chaucer Solicitors provide a wide range of legal services including residential & commercial property, landlord & tenant, wills, trusts, probate, litigation, crime, proceeds of crime, HMRC & regulatory investigations, matrimonial and family law

Molly Ross Explains Why Making a Will Is EssentialMany people put off making a will, often believing it is only necessar...
11/11/2025

Molly Ross Explains Why Making a Will Is Essential

Many people put off making a will, often believing it is only necessary later in life. However, having a valid will in place is one of the most important steps you can take to ensure your wishes are respected and your loved ones are protected.

What Happens If You Die Without a Will?
If you pass away without a will, you are said to have died intestate. In this situation, your estate will be divided according to strict legal rules rather than your personal wishes. This could mean:
Assets passing to relatives you would not have chosen.
A partner you are not married to or in a civil partnership with receiving nothing.
Delays and added costs in the administration of your estate.
Family disputes caused by uncertainty over your intentions.
A will ensures that you, not the law, decide who should inherit your property and possessions.

How Wills Protect Your Family
Making a will provides peace of mind and security for those closest to you. It allows you to:
Provide for children: You can appoint guardians for minors and make financial arrangements for their future.
Protect vulnerable beneficiaries: Trusts within a will can safeguard assets for those who may not be able to manage them responsibly.
Support your partner: Unmarried partners are not automatically entitled to inherit under intestacy rules, so a will is essential to provide for them.
Reduce conflict: Clear instructions reduce the risk of family disputes after your death.

The Benefits of Legal Advice
While it is possible to make a will yourself, professional advice ensures that your will is valid and properly drafted. A solicitor can help you:
Avoid errors that could make the will invalid.
Structure your estate in a tax-efficient way.
Include trusts or specific instructions tailored to your needs.
Keep your will updated if your circumstances change, such as marriage, divorce, or the birth of children.

Conclusion
Making a will is not just about dividing assets, it is about protecting your loved ones and ensuring your wishes are respected. Whether simple or complex, a properly drafted will brings clarity, avoids unnecessary disputes, and provides peace of mind for the future.
For further information on this topic or on any other legal area, please contact John Szepietowski or Kay Stewart at Audley Chaucer Solicitors on 01372 303444 or email [email protected] or visit our Linkedin page.

Maya Patel
This information is correct as at September 2025.

Nick Rattray discusses Understanding the Formation of a ContractContracts form the foundation of most business and perso...
04/11/2025

Nick Rattray discusses Understanding the Formation of a Contract

Contracts form the foundation of most business and personal transactions. From buying goods to entering employment agreements, a contract provides the legal framework that governs the relationship between parties. Understanding how a contract is formed is vital, as an agreement may be unenforceable if essential elements are missing.

For further information on this topic or on any other legal area, please contact John Szepietowski or Kay Stewart at Audley Chaucer Solicitors on 01372 303444 or email [email protected] or visit our Linkedin page.

Maya Patel
This information is correct as at September 2025.

Annabelle Hubbard and Understanding the Basics of Employment ContractsStarting a new job is an exciting step, but it als...
28/10/2025

Annabelle Hubbard and Understanding the Basics of Employment Contracts

Starting a new job is an exciting step, but it also comes with important legal obligations. An employment contract is the foundation of the relationship between employer and employee. It sets out the rights, responsibilities, and expectations of both parties, ensuring clarity and fairness in the workplace.

What an Employment Contract Should Include
An employment contract may be written, verbal, or a combination of both. However, by law, employees are entitled to a written statement of key terms within two months of starting work. Important details usually include:
Pay: The salary or hourly rate, along with how and when payment will be made.
Working Hours: Expected weekly hours, start and finish times, and overtime arrangements.
Job Duties: A clear description of the employee’s role and responsibilities.
Holiday Entitlement: Annual leave allowance and rules on carrying leave forward.
Notice Period: How much notice is required if either side wishes to end the employment.
Sick Pay and Benefits: Information about statutory and contractual sick pay, pensions, and any additional benefits.
Having these terms clearly set out helps avoid misunderstandings and ensures both sides know where they stand.

Express and Implied Terms
Not all terms of an employment contract are written down.
Express Terms: These are the terms specifically agreed between employer and employee, either in writing or verbally.
Implied Terms: These are unwritten obligations recognised by law or custom. For example, employees must act honestly and in good faith, while employers must provide a safe working environment.
Implied terms can be just as important as express terms. They ensure that even where something is not written down, fairness and mutual respect remain central to the employment relationship.

Why Clarity Matters
Disputes often arise when terms are unclear or missing. For instance, uncertainty over working hours or duties can lead to disagreements about what is expected. A well-drafted employment contract reduces the risk of conflict by setting clear expectations from the outset.
Employers benefit from consistency and reduce legal risk, while employees gain security and transparency about their role, pay, and rights.

Conclusion
Employment contracts are more than just paperwork; they are the cornerstone of a fair and transparent working relationship. Understanding what should be included, and the difference between express and implied terms, can help prevent disputes and protect both employers and employees.

For further information on this topic or on any other legal area, please contact John Szepietowski or Kay Stewart at Audley Chaucer Solicitors on 01372 303444 or email [email protected] or visit our Linkedin page.

Maya Patel
This information is correct as at September 2025.

John Szepietowski explores Understanding How Trusts Are CreatedTrusts are a valuable way of managing and protecting asse...
21/10/2025

John Szepietowski explores Understanding How Trusts Are Created

Trusts are a valuable way of managing and protecting assets for the benefit of others. They are widely used in estate planning, family arrangements, and even for charitable purposes. At their core, trusts separate the legal ownership of property from the right to benefit from it. This means trustees hold and manage property, but beneficiaries enjoy the benefit.

Key Requirements for a Valid Trust

The Three Certainties

For a trust to be legally valid, three elements—often called the “three certainties”—must be present:
1. Intention: The person creating the trust (the settlor) must clearly intend to do so. Vague language such as “I hope” or “I wish” is not enough.
2. Subject Matter: The property that will form the trust must be clearly identified, and if there are multiple beneficiaries, their shares must also be certain.
3. Objects: The beneficiaries must be identifiable. If it is not clear who is supposed to benefit, the trust may fail.

These requirements make sure that everyone knows what property is involved, who is managing it, and who will benefit.

Formalities
Trusts involving land must be evidenced in writing to comply with legal requirements. Trusts over personal property, on the other hand, can usually be created more informally, even orally, provided the essential elements are satisfied.

Transferring the Property
A trust is not complete until the trust property has been transferred to the trustees. If the transfer is not carried out properly, the trust may not take effect. This step is essential to make sure the trustees can carry out their duties.

When Can You Create a Trust?

Trusts can be created either:
During your lifetime (inter vivos): For example, to manage family wealth, protect assets, or assist with tax planning.
Through a will (testamentary trust): These take effect after death and are commonly used to provide for children, vulnerable family members, or to ensure assets are managed responsibly.

Why Trusts Matter
Trusts offer flexibility, protection, and peace of mind. They can be used to safeguard assets for future generations, provide financial support to loved ones, and ensure your wishes are respected. However, if the necessary legal requirements are not met, a trust may be invalid, leaving beneficiaries unprotected.

Conclusion
Trusts are powerful legal tools, but they require careful planning and the right legal formalities to be effective. Whether created during life or through a will, trusts help you manage your assets in a way that secures the future of those you care about. Seeking legal advice ensures that your trust is properly set up, valid, and tailored to your needs.

For further information on this topic or on any other legal area, please contact John Szepietowski or Kay Stewart at Audley Chaucer Solicitors on 01372 303444 or email [email protected] or visit our Linkedin page.

Maya Patel
This information is correct as at September 2025.

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London
KT108NP

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+441372303444

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