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Inheritance disputes are on the rise: How to protect your loved ones

Inheritance disputes are on the rise: How to protect your loved ones

Inheritance disputes are on the rise: How to protect your loved ones

Inheritance disputes are on the rise, with more than one in five UK adults saying they would consider challenging a Will or inheritance if they felt it was unfair or did not reflect the deceased’s intentions.

This new information comes from a survey of 2,000 UK adults conducted during The Association of Lifetime Lawyers’ annual Update Your Will Week campaign earlier in March.

So, what can you do to make sure your loved ones won’t have to face disputes in the future?

Whilst every situation is unique, there are a few things everyone can do to ensure they and their family are best prepared for the future.

Write a Will

Nearly half of people in the UK state they’re worried an outdated or missing Will could cause disputes among their family.

Despite this widespread concern, 48 per cent of people do not have a Will drafted.

If you’re one of them, it’s time to change that.

Without a Will, your family could be left exposed to uncertainty, disagreement and, increasingly, formal legal disputes.

Not having a Will in place is actually one of the main reasons for inheritance disputes, according to the latest research conducted by The Association of Lifetime Lawyers.

Update your Will

Your Will should be treated as a living document that evolves as your life changes.

So, if your circumstances are changing, you should consider updating this legal document to make sure you’re still protecting the people you care about and avoiding legal disputes.

It’s best practice to review your Will every five years or after major life events such as:

  • Getting married
  • Becoming a parent or grandparent
  • Changes in your financial situation
  • Starting a business
  • A death in your family
  • If you or one of your beneficiaries has obtained a Gender Recognition Certificate

If you want to be sure your assets are distributed to the people you choose, get your Will written or updated as soon as possible.

Communicate your wishes and have difficult conversations

Planning for the future sometimes means facing difficult topics.

However, we’d recommend having those conversations before it’s too late to make sure your wishes are heard.

Letting your loved ones know your wishes not only provides them with peace of mind for things such as funeral plans, but it will also help them know what to expect when the time comes.

That way, things you’ve outlined in your Will won’t come as a surprise to them and are less likely to lead to inheritance disputes.

Why are more people contesting Wills?

With Will disputes on the rise, it begs the question of why this is happening. The increase is not due to any one factor.

It is usually a mix of social, economic and demographic changes that influence how people plan their estates and how others respond to them.

For example:

  • Blended families may create competing expectations between spouses, children and stepchildren.
  • Rising property values may increase the estate’s worth and make disagreements over unequal shares more likely.
  • An ageing population increases the risk of disputes over capacity and undue influence.
  • Younger generations are increasingly relying on inheritance for their financial security.
  • An increased awareness of the right to challenge a Will, partly driven by media coverage of inheritance disputes.

If you are considering contesting a Will, seek advice from our contentious probate team to understand your position and the options available.

Take action now

If it’s been a while since you last looked at your Will or you don’t have one yet, now is the time to take action.

At Palmers Solicitors, our Accredited Lifetime Lawyers offer specialist expertise in later-life legal matters.

We can help you and your family put plans in place to help ease your mind and avoid inheritance disputes in the future.

If you’re concerned about inheritance disputes or are looking for advice on setting up or updating your Will, contact our team.

Could revised Government employment initiatives create discrimination disputes?

Could revised Government employment initiatives create discrimination disputes?

The Government has announced the expansion of its Jobs Guarantee scheme from 18-21 to 18-24 and says this is expected to create more than 35,000 extra subsidised jobs.

It has also announced a new Youth Jobs Grant, through which businesses will receive £3,000 for each young person they hire aged 18-24 who has been on Universal Credit and looking for work for six months or more.

This is part of the Government’s response to the reported unemployment crisis among young people, with data showing that the number of young people not in employment, education or training is over 950,000 or around one in eight in that age group.

Employers will need to be careful to ensure that they balance any targeted hiring incentives with their duties under the Equality Act 2010.

There are different types of discrimination, including direct discrimination and indirect discrimination, which are likely to be most relevant here.

Direct discrimination

Direct discrimination occurs where a person is treated less favourably because of their age without an objective justification.

This could include setting an age limit or range for a particular job.

Indirect discrimination

Indirect discrimination occurs where an employer has a provision, criterion or practice (a PCP) that has a greater adverse impact on those in one age group than those in another and the employer cannot show that the PCP is objectively justified.

This could include restricting a post to “recent graduates”, since most recent graduates are likely to be of a similar age.

Age discrimination is slightly different to other types of direct discrimination in that there is no discrimination where the employer can show that its treatment of the employee is a proportionate means of achieving a legitimate aim.

Here, the likely legitimate aim would be to reduce youth unemployment and to benefit from the Government financial incentives available to employers.

However, employers will need to consider their circumstances and ensure they can justify any age discrimination on this basis.

Employers will also need to consider what will happen when the initiative’s funding comes to an end, particularly in light of upcoming changes to the Employment Rights Act, which will reduce the required service to bring an unfair dismissal claim to 6 months.

This is likely to be from January 2027.

The Equality Act 2010 also allows positive discrimination in certain circumstances, although this is not required.

This includes where certain groups with a protected characteristic, e.g., age, are disproportionately under-represented in its workforce.

The positive action must be a proportionate means of achieving the specific aim, which, in this case, would be to encourage greater participation by those with that specific characteristic, e.g., to employ more people of that specific age.

The explanatory notes state that “the extent to which it is proportionate to take positive action measures which may result in people not having the relevant characteristic being treated less favourably will depend, among other things, on the seriousness of the relevant disadvantage, the extremity of need or under-representation and the availability of other means of countering them”. (Paragraph 512.)

The permitted action to be taken in respect of recruitment or promotion is “treating a person (A) more favourably in connection with recruitment or promotion than another person (B) because A has the protected characteristic but B does not”.

However, this is only allowed where:

  • A is as qualified as B to be recruited or promoted.
  • The employer does not have a policy of treating persons who share the protected characteristic more favourably in connection with recruitment or promotion than persons who do not share it; and
  • Taking the action is a proportionate means of achieving a legitimate aim.

This, therefore, limits the circumstances in which this exclusion could be used and is unlikely to be available to employers specifically looking to hire younger workers as a result of the Government incentives.

Employers will need to carefully consider how they make best use of the Government incentives and their circumstances and policies in respect of recruitment for any potential new roles.

For legal assistance with employment matters, please contact our team.

Palmers Solicitors expands immigration services with appointment of dedicated lawyer

Palmers Solicitors expands immigration services with appointment of dedicated lawyer

One of Essex’s leading independent law firms, Palmers Solicitors, has strengthened its immigration offering with the appointment of highly experienced immigration lawyer, Pooja Kaur.

With a growing demand for specialist immigration services in Essex and the wider South East, Pooja’s appointment allows the firm to expand this new service across its six offices.

Pooja joins Palmers as a solicitor with nearly 20 years’ experience in immigration law, advising both businesses and individuals on the complexities of the UK immigration system.

Her appointment reflects the firm’s growing commitment to supporting clients with immigration matters, particularly as businesses seek specialist guidance on recruiting international talent and complying with immigration sponsorship regulations.

Pooja will play a key role in developing Palmers’ immigration services bringing extensive experience advising on a wide range of immigration matters, including skilled worker visas, sponsor licence applications, innovator founder and entrepreneur visas and family and partner visas, as well as appeals and removal matters.

She also provides guidance to employers on audits and ensuring compliance with their ongoing duties under UK immigration law.

Commenting on her appointment, Pooja said: “I am delighted to be joining Palmers Solicitors at such an exciting time for the firm. Immigration law plays a vital role in supporting both individuals and businesses and I am looking forward to helping grow the firm’s immigration services across Essex and the South East.

“I am passionate about empowering clients with the knowledge they need and advocating for them with clarity and integrity.”

Pooja prides herself on a client-focused approach, taking the time to listen carefully to each client’s situation and priorities.

Her aim is to ensure clients feel supported throughout the immigration process and confident in the steps being taken on their behalf.

Gina Newman, Chief Operations Officer at Palmers Solicitors, said: “Pooja is an exciting addition to our team and allows us, for the first time, to provide a dedicated immigration service, which will focus on supporting businesses and individuals in bringing the top international talent to the UK.”

Her appointment forms part of Palmers’ ongoing strategy to expand its specialist legal services and provide practical, expert support to businesses and individuals across the region.

To find out more about Palmers Solicitors wide range of legal services, please get in touch.

Social media ban could create new legal grey areas for separated families, solicitor warns

Social media ban could create new legal grey areas for separated families, solicitor warns

Proposals to ban social media access for under-16s risk creating complex practical and legal challenges for families where parents live apart, according to family law experts.

Much of the debate around the potential ban has so far centred on online safety.

However, Karen Bishop, Head of Family Law at Palmers Solicitors, says digital communication has become an established part of how children sustain everyday relationships with a parent they do not live with and warns that restrictions could disrupt those connections.

“Indirect contact through video calls is now routine for a lot of families,” Karen explains.

“It is very common for court orders to provide for regular FaceTime or similar calls each week.

“Older children, teenagers especially, often communicate more informally, using messaging apps, gaming platforms and social media day to day to maintain relationships with a parent.

“Restrictions that limit access to those platforms could therefore affect the more informal interactions that help relationships feel natural rather than managed.”

The issue becomes more prominent where distance is a factor. Families living in different parts of the country or in different jurisdictions often rely heavily on digital communication to bridge the gap between in-person visits.

“If parents live far apart, being able to contact becomes much more important,” Karen says. “Limiting it is likely to hinder those relationships to some extent.”

The concern over contact is not limited to just a parent-child relationship, either. Children dealing with separation often rely on extended family members, friends and peers for emotional support.

“Children dealing with their parents’ separation need support,” Karen says. “A social media ban could restrict access to that support and I would question whether that serves a child’s best interests.”

Karen also believes new rules could open the door to fresh disputes between parents.

Differences in parenting style already sit behind many disagreements and restrictions could create further scope for conflict, particularly if parents interpret the rules differently.

“You could have one parent trying to enforce a ban while the other takes the view that it does not need to be policed so strictly,” Karen says.

“It becomes a question of what counts as a breach and what does not.”

In a legal system already dealing with high levels of conflict, Karen expects the issue could generate further applications if disagreements cannot be resolved.

She also highlights potential implications for the right to family life and for children’s privacy, particularly as they grow older and seek greater independence.

“Restrictions on communication through social media are likely to affect a child’s sense of privacy and expression, which becomes more important as they mature.”

She cautions against a blanket-ban approach, noting that children of the same age can have very different levels of understanding and maturity.

“One child of a certain age may be very different from another,” Karen says. “A single age threshold may not reflect those differences, so I do not believe a decision over social media access for children is something that can be determined by age alone.”

Instead, Karen believes education and supervision offer a more workable path.

“Courts tend to favour child-focused solutions,” she says. “Measures such as clearer guidance on online behaviour, parental controls and agreed time limits could address safety concerns without removing access entirely.”

The reality of how courts handle technology disputes also adds complexity.

Provisions about device use already appear in the details of some contact arrangements, particularly where one parent has previously restricted access during contact.

Even then, enforcement can be difficult because expectations vary widely between households.

“It often comes down to personal parenting choices,” she says. “What happens in one home may not be the same in another.

“Any new framework would need to set basic expectations while allowing flexibility, otherwise families may find themselves returning to court to resolve disputes about interpretation or alleged breaches.”

Families returning to court to resolve these disputes could further strain a system already facing delays.

Alongside those challenges, Karen raises a less-discussed issue regarding the use of video calls in high-conflict cases.

While widely used, they can sometimes feel intrusive, particularly where tensions remain high or there has been past abuse, as they allow a parent to see into the other household’s private space.

“That can be triggering in some situations and it further demonstrates the need for a thoughtful approach to contact arrangements.”

For Karen, the debate over a social media ban highlights the difficulty of regulating modern family life through broad rules. The way children communicate continues to change, often faster than policy or law can keep pace.

“Social media use is a complex grey area,” Karen says. “Whatever solution the Government decide on to protect children from the dangers of these platforms should not be decided without recognising how families actually maintain relationships.”

Could workplace relationships expose your business to legal risk this Valentine’s Day?

Valentine’s Day may be associated with romance, but Kristie Willis, Associate Solicitor at Palmers Solicitors, says it can also draw attention to the legal risks of workplace relationships and blurred professional boundaries.

“Workplace relationships are not generally unlawful, and employers should not try to control people’s private lives unless strictly necessary,” says Kristie.

“However, relationships at work can create real risks if conflicts of interest, power imbalances or boundary issues are not managed properly.”

In England, an outright ban on workplace relationships is unlikely to stand up legally under the Human Rights Act’s right to respect for private and family life save in exceptional circumstances.

A more realistic approach is for employers to implement a clear Relationships at Work Policy, or something similar, to help employers set expectations and protect their staff.

“A blanket ban is unlikely to be proportionate,” Kristie explains. “Where there is a Relationships at Work Policy in place, employers are in a stronger position if they need to step in. A good policy will set out what is expected of all employees in workplace relationships, including how managers should handle the situation.

“Employers should also ensure that all employees have had suitable sexual harassment training and risk assessments are undertaken.

“An anti-harassment policy should be in place, which makes clear what behaviour is unacceptable, how inappropriate conduct can be reported and the process that will be followed after any report of inappropriate conduct,” she says.

Often employers require disclosure of relationships where employees work closely together or within the same management structure.

“It can be appropriate to make this request where there is a clear risk of conflict of interest. However, requiring disclosure of every relationship is harder to justify unless there is a specific reason, such as in regulated or high-transparency sectors.

“Any expectations around disclosure should be set out clearly in a written policy, so employees understand what is required and why.”

Romantic relationships involving managers and more junior staff require particularly careful handling due to the risk of perceived bias, coercion or unfair treatment.

“Employers will often want to remove the employees from the same reporting line, which can sometimes be the best solution to limit conflicts of interest.

“However, employers should consider the requirements in each situation. It is important not to assume that the more junior employee will be the one moved, as this could result in an allegation of discrimination. Employers should treat both employees even-handedly, regardless of their seniority.”

Kristie explains that in addition to workplace romances, Valentine’s Day can also highlight boundary issues for some employees.

“To date, Valentine’s Day does not seem to lead to more formal complaints, as is common with work Christmas parties.

“However, the growing trend of using phrases like ‘work wife’ and ‘work husband’ may cause discomfort or raise questions about professional boundaries.”

She warns that what one person sees as light-hearted flirting or humour can feel intrusive or inappropriate to someone else, particularly if it creates pressure or embarrassment.

Clear policies on relationships, harassment and conduct remain one of the most effective ways to reduce legal exposure.

“Regular staff training helps set expectations around respectful behaviour and boundaries to employees at every level,” Kristie says. “It can prevent situations where banter slowly escalates into conduct that could amount to harassment.”

However, training alone is unlikely to be enough to ensure businesses comply with regulations.

Employers are expected to take broader preventive measures for workplace sexual harassment, including risk assessments, manager training, effective reporting processes and regular check-ins with staff.

As Valentine’s Day approaches, Kristie also wants to remind employees who receive unwanted romantic advances to make their position clear and keep a record of what has happened.

“If someone is making you uncomfortable at work, whether it’s a colleague, a manager, a customer or a third-party, it is completely reasonable to say so.

“Keeping a note of dates, times and what was said can be helpful, whether or not you decide to raise the issue straight away.”

She adds that any negative treatment following a rejected advance should be reported to HR or a trusted manager, as it may amount to harassment.

For further advice on workplace relationships, sexual harassment prevention or other related employment issues, visit www.palmerslaw.co.uk to get in touch with Kristie and the employment team at Palmers Solicitors.

How can director disputes be resolved?

How can director disputes be resolved?

When there is friction at the board table, everyone suffers.

Disagreements between directors can disrupt decision-making, damage working relationships, harm public perception and, in some cases, threaten the stability of the business itself.

The longer the tension is left to fester, the harder it becomes to resolve.

It can be even more challenging to resolve these matters where a company has only two directors, especially if both hold equal shares.

In this situation, a disagreement can lead to a complete deadlock and important decisions cannot be made if neither director is willing to compromise.

Common reasons behind director disputes

Director disputes are not uncommon, particularly in small and medium-sized businesses, family-run companies and startups.

Some of the main reasons for these conflicts include:

  • Personality clashes
  • Different views on the direction of the business
  • Disagreements over pay and workloads
  • Misunderstandings over responsibilities
  • Allegations of misconduct

If these issues are not addressed early, they can lead to more serious problems.

In some cases, disputes may involve allegations that a director has breached their duties, thereby exposing individuals to personal liability.

More serious situations can even result in formal disqualification proceedings.

Resolving conflict between directors

There are a few options to consider when hoping to resolve a director’s dispute. The right solution will depend on how severe the situation is and the context of it.

However, the starting point for most disputes (where possible) is usually open communication.

Directors should find a moment to sit down together and discuss their concerns calmly.

For this to work, the focus needs to be on the business and what is best for it, not on any personal grievances that may be at play.

If these discussions don’t result in a solution that all parties are satisfied with, mediation could be the next step.

Involving a trained third party in the discussion can help directors communicate more effectively, providing an impartial viewpoint of the situation.

Without a personal stake in the conflict, the mediator can identify the root cause and work towards a solution everyone can accept.

Keeping accurate board minutes and records ensures a transparent account of what was agreed and why, helping prevent misunderstandings from escalating into formal disputes.

In more serious cases, legal advice may be required.

Solicitors specialising in corporate governance can provide guidance on directors’ duties, shareholder rights and potential remedies, helping to protect both the company and individual directors.

Get expert support with director disputes

We understand that with so much else to attend to when you’re running a business, sitting back and hoping a dispute blows over on its own can seem appealing.

However, ignoring tension is very unlikely to make it disappear, so directors in disputes should aim to resolve matters as quickly and as amicably as possible.

If you feel a director dispute is brewing or you’re in the middle of one, please contact us for support.