Who is responsible for my debts when I die?

It is all very well to leave a Will to deal with all of your assets and what you want to pass on to your loved ones, or leave as inheritance, HOWEVER…what happens to your debt?

There are different types of debt (some of the categories we will look at below) and depending on the type of debt, depends on just what happens to it when you pass.

So, let’s get started…

Personal Debt

Debt may be in your sole personal name. This type of debt is unlikely to pass to anyone else and therefore the responsibility of paying this will fall to your Estate (to be paid from everything you leave behind – property, bank accounts, possessions, cash, ISAs, shares, etc.) and if that is exhausted, the debris extinguished.

However, if the debt was GUARANTEED, then the responsibility for payment of this debt will pass to the person that was your Guarantor and gave the guarantee to be liable for the debt should you be unable to repay it.

Joint Debt

You may have some debts that are not in your sole name, but held jointly, such as your mortgage, a loan, credit cards etc. In these cases the debt does not die with your Estate, rather it passes to the survivor and they become solely responsible for repayment of the debt.

Dealing with Debts After the Death of a Loved One

As an Executor or Administrator, it is extremely important that you deal with the debts of the deceased correctly as although you may not be legally responsible for the debt…if you do not follow the correct process, then you could be held personally liable by those companies that the debt is due to (the Creditors).

Where the deceased owes any debts at all, the distribution of any gifts under the Will should be prevented until all debts have been realised and accounted for (if possible), then when all the debts have been satisfied (and only then!) can the Executors or Administrators look to satisfy the gifts under the Will.

The order in which debt must be paid is set down in law and, briefly, this is as follows:

FIRSTLY

your SECURED creditors. Secured creditors will have their debts secured against assets in the Estate (such as a mortgage on a property) and they will therefore satisfy their debt by taking ownership of that asset. Another example of this type of debt is a loan secured against a car. If the debt is not completely satisfied by the asset that it is secured against (if for example the debt owed on the car is more than the car is worth) then the amount still owed to the Creditor will fall down into the lower category of UNSECURED DEBT.

SECONDLY

payment of FUNERAL EXPENSES. Please bear in mind that where there are other Creditors and debts, the funeral expenses MUST be proportionate to the value of the Estate.

THIRDLY

payment of TESTAMENTARY EXPENSES. These are the costs that are incurred when sorting out the Estate such as postage and travel expenses. It is important to keep a detailed record of any expenses that are incurred as a result of administering the Estate.

FOURTHLY

payment to PREFERRED and PREFERENTIAL CREDITORS. This is an unlikely category for many Estates but may be present where the deceased is an Employer, as this would include the payment of salaries/wages to employees.

FIFTH

is the payment of UNSECURED DEBT. This was briefly mentioned above and is likely to be the biggest category for most people. This would include all debts that are not secured against a specific asset, and so includes utility bills, credit cards, loans, store cards, mobile phone bills etc.

THEN

payment of the INTEREST ON UNSECURED DEBT.

LASTLY

payment of DEFERRED DEBT. This is the category where any loans from family members or friends would fall.

You can only move to the next category of debt, when all the debt in the category before it has been cleared. It is not up to you to decide how much, and to whom, debt is paid.

If there is not enough money to pay everyone in the category then the debt must be paid in proportions depending on the amount owed to each Creditor in that category.

We would strongly advise you to seek professional assistance and advice, if you are dealing with an Estate in which the debts are more than the assets (this is called an INSOLVENT ESTATE).

*NOTE* A word of warning, if you gift money close to your death, and it appears that such gifts have been made in an attempt to avoid repayment of your debts…this money CAN and will be taken into account and used to repay your debts.

If you would like to have a free chat about your existing Will or making a new Will, please contact us on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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1st September 20221st September 2022

Does my Will cover my assets abroad?

Does my Will cover my assets abroad?

Now that the world is beginning to ‘open up’ again and travel is becoming easier with restrictions lifting, it is worth considering your assets and whether these are held within England and Wales, or whether you have any abroad.

If you do have assets abroad – property, bank accounts, investments, anything at all – are these covered under your English Will or do you need to make a Will specifically to cover those assets?

There is nothing that legally prevents you from having a Will in England & Wales that covers all of your assets worldwide, HOWEVER…

It may be worth considering exactly where your assets are held and obtaining legal advice for the country and jurisdiction that those assets are held to ensure there are no issues in the future.

The laws of England & Wales are very different jurisdictions to those of European Countries, for example, and the laws in European Countries do not recognise the use of Trusts…this could have major tax implications if you are relying on a Will made under the laws of England & Wales that utilises Trusts,

In addition, some things are just not possible in foreign jurisdictions, in the way they are under the laws of England & Wales. We are fortunate in England & Wales to have the autonomy to decide (if we are of sound mind) who we want to leave our assets to and who we want to inherit, or who we choose to exclude from our inheritance. Other Countries, including some European Countries (such as Spain and Italy), are not so fortunate and have legislation that sets out who must inherit and who cannot be excluded from a Will or inheritance.

If your Will made under the laws of England & Wales does not meet the criteria for the jurisdiction in which your assets are held then, it could be invalid.

So, whilst it may seem much easier to have one document, containing all your instructions for all of your assets wherever they are in the world; this may not be possible and may not give you the best protection (not to mention the best financially-sound solution) possible.

If you have assets overseas, we would recommend seeking the advice of a legal professional in that country. The legal professional will be able to advise as to what will happen on your death and the best way of protecting your assets for those that you want to inherit.

Just a note as a reminder; where you do have assets in more than one country and are making multiple Wills, it is important to ensure that all of the professionals that you seek advice from are aware of this and so do not inadvertently revoke (or cancel out!) any of the work being done in another country or by another professional.

In our experience, it is advisable to have a separate Will in each country that you own assets in. This means that you can take advantage of legal advice from professionals that are experienced in that specific jurisdiction and with what options are available to you and your assets.

If you would like to have a free chat about your existing Will or making a new Will, please contact us on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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4th August 20224th August 2022

Our property is in my sole name, will my partner / spouse be homeless when I die?

Our property is in my sole name, will my partner / spouse be homeless when I die?

Here, I am only going to be looking at properties where the surviving spouse or partner does NOT own the property.

I will not be delving into any Inheritance Tax matters or into any detail where a property is held as Joint Tenants – please check out our other articles for more information on these scenarios.

If you are living in a property with a spouse or loved one but the property is in only one sole name, the scenario where the surviving partner or loved one is left homeless could become very real…

Of course, if you are leaving the property to your spouse or partner in your Will, then there is no need to worry.

HOWEVER, if you are not married to your partner, or have children from a previous relationship (or many other scenarios!) you may want to leave your property to your children or someone else.

So, what happens to your partner - do they have to move out?

Ultimately, this will depend on the beneficiaries that you have left the property to and what they want to do with the property. They may decide they are happy for your partner to live there but want them to pay rent so that they can benefit from an income, or they may want to sell the property to release their inheritance immediately, or rent it on the open-market to try and obtain a higher income.

So, is there anything you can do to ensure your surviving partner isn’t left without a roof over their head, but your property still goes to those you want to inherit in the end?

Of course, I have an option for you!

LIFE INTEREST TRUSTS

A Life Interest Trust sounds a lot more complicated than it is, so let me set out the basics for you…

A Life Interest Trust allows the property owner (it doesn’t just have to be property, but let’s use this as the example), to pass the property to whoever they want to ultimately inherit the property but allows them to name someone (their partner, for example) to live in that property, free of charge, and benefit from the property until their death.

We could also look at including other stipulations like, not allowing the surviving partner to cohabit in the property with a new partner, or ensuring that the surviving partner could not live there if they remarried.

A Life Interest Trust is something that we would set up in a Will and only comes into effect upon the death of the property owner.

This may also be something that you would like to consider where you both own the property but each wants to leave your share of the property to different beneficiaries (perhaps children from a previous marriage or your own nieces/nephews).

Life Interest Trusts have many advantages but should be considered in detail before just being put in place.

Life Interest Trusts cannot be used where the property is held as Joint Tenants, as the property automatically passes to the surviving owner upon the first death. Again, this is something that we can consider and discuss as to whether it is advantageous to you, to change the way in which you hold the property (to Tenants in Common), and put a Life Interest Trust in place.

If you would like to have a FREE chat about your property and protecting your loved ones, please contact us on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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7th July 20227th July 2022

Where do I look for a Will when someone dies?

Where do I look for a Will when someone dies?

Looking for a Will is unlikely to be your top priority following the death of a loved one but it is something that is important, and can be somewhat frustrating amidst all of the other many emotions that you may be dealing with.

Whilst looking for the Will it may also be useful to locate the following documents (as these may all come in handy when completing your Probate and Inheritance Tax Forms):

Birth Certificate;
Marriage Certificate;
Death Certificate;
Pension Details;
Life Insurance Policies;
Insurance;
Bank Account Details;
Financial Information

So where should you start looking?

Below is a quick checklist that you may want to use as an initial step, after looking in all of the ‘obvious’ (and probably not so obvious!) places in their home or where you were aware that they stored their important documents.

Solicitors & Will Writers

If your loved one had their Will drafted professionally then the Solicitor or Will Writer that did this may be storing the original Will. You may find their details in paperwork you locate within their home, or you may know of a Solicitor/Will Writer that they frequently used.

Alternatively, you may want to contact some local firms to see if they are holding the original Will.

Banks

In some cases, banks provide a Will Writing service and then offer to store the Will.

Therefore, it may be worth contacting your loved one’s banks and building societies to see if they are holding the original Will or any documents on behalf of the deceased.

The National Will Register

Registration of Wills in the UK is not compulsory. However, the National Will Register stores almost 10million WIlls and the library can be searched, although there is a fee. Fees for searching this register start at £45.60.

If the Will cannot be found, or there isn’t a Will, then the deceased’s Estate will be distributed in accordance with the Rules of Intestacy – check out our article on the Rules of Intestacy here.

If you would like to have a FREE chat about getting your Will in place, or storage of your Will, please contact us on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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26th May 202226th May 2022

Is your partner entitled to a share of your property?

Is your partner entitled to a share of your property?

If you own your property with someone else (whether a spouse, family member, friend or otherwise) then you may find it useful to read our article – How do you own your Property and why does it matter? – this will elaborate on the way your property could be held (Joint Tenants or Tenants in Common) and the implications this has on making decisions on the property, who (and IF!) you can leave it to someone of your choosing in your Will and whether, or how much, Inheritance Tax is or will be payable.

In this article, I will be looking at property that you legally own alone but that you share with someone else, a spouse, partner, loved one or friend and whether they have any entitlement to the property.

Someone may well assert an entitlement to your property upon the breakdown of a relationship, when a property is sold or upon your passing even when they have not made any financial contribution to the mortgage or where they have (or have not) made any contribution towards utilities, maintenance and the upkeep of the property.

If you are sharing a property with ANYONE, no matter how great the relationship is and no matter how much you trust that person…having something in writing that clearly sets out each person’s legal entitlement is definitely the most sensible way forward.

If you are sharing, or cohabiting, a property with someone that has no beneficial interest (share or financial interest) in the property, this should be put in writing to prevent any future issues.

Declaration of No Interest

A Declaration of No Interest is an Agreement that can be used between cohabiting individuals to set out the following:

The name (or names) of the individuals that own the property legally;
The name (or names) of the individuals that have a beneficial interest in the property;
The names of the individual that has NO legal or beneficial interest to the the property;
- This includes no entitlement to income;
- This includes no entitlement to capital (from sale proceeds);
- This includes no entitlement to occupy the property;
A clause stating that the legal/beneficial owners can sell or transfer the property at any time (without the consent of those living there with no beneficial or legal interest in the property).

Having a Declaration of No Interest in place, that is signed by all parties, will prevent any legal issues, and court hearings, and ensures that you will remain both the legal and beneficial owner of your property.

This is something that we can assist with as well as Declarations of Beneficial Interest in a property.

If you would like to have a free chat about how we can help you, please contact us on
info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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28th April 202228th April 2022

Menopause in the Workplace

Menopause in the Workplace

The menopause is a natural part of ageing that usually happens between 45 and 55 years of age but it can also happen earlier or later in someone’s life. For many people symptoms last about 4 years, but in some cases symptoms can last a lot longer.

In the UK, the average age for a woman to reach the menopause is 51

All stages and types of the menopause are different and the experience will vary from person to person, which should be considered carefully, especially in the workplace. Some people may experience symptoms of the menopause much earlier that the ‘average age’.

Around 1 in 100 women experience the menopause before 40 years of age

There are three different stages to the menopause:

perimenopause
menopause
postmenopause

Everyone will experience the menopause differently and most will find it a difficult and stressful time experiencing symptoms that effects them both physically and mentally. The NHS suggests that symptoms will last an average of four years but some will experience symptoms for up to 12 years!

Some of the most common symptoms include:

Memory loss or forgetting things (‘Brain Fog’)
Problems / Issues concentrating
Hot flushes and sweating (even in cold temperatures/environments) & Night Sweats
Struggling with finding the ‘right’ words, or feeling as though the word is ‘on the tip of their tongue’ but not being able to say it
Mood swings
Struggling to get out of bed
A lack of motivation
Depression and/or Anxiety
Difficulty sleeping
Headaches
Aches, Pains & Joint Stiffness

A recent YouGov survey found some staggering statistics when speaking with employers…

72% do NOT have a menopause policy

and

16% give Line Managers training on the menopause

As an employer, you should be aware of all of your staff that may go through, or be affected by, the menopause and have a policy in place (that is reviewed and stuck to!) that supports those that experience symptoms of the menopause, whatever stage that may be, and looks to:
Raise awareness of the menopause and its impact in the workplace;
Encourage open conversations between line managers and staff;
Signpost employees and staff to relevant advice and assistance.
I have had the opportunity to discuss Menopause in the Workplace with both employers and employees, and it is clear that there is still so much to be done and, unfortunately, there is still somewhat of a stigma surrounding the menopause (although, this is reducing).
Having spoken with employers, some of whom consider themselves ‘Out of their Depth’ or not knowing what to do for the best; my top tip would be…communication. Having an open and supportive approach goes a long way and being open to learning, making adjustments and offering support really can make the world of difference.
As an employer, you may want to consider signing The Menopause Workplace Pledge. This is part of the campaign by Wellbeing of Women and employers that have signed up to the pledge, recognise that the menopause IS a workplace issue and agree to be active in supporting employees affected by the menopause.
If you are an employer that you would like some assistance – please get in touch, I can assist with template policies.
The diversity in experiences from the employees that I spoke to, evidenced that employers appear to be at either end of the spectrum (from those that I spoke to) with some giving high praise to their employers and their support including adjustments that were being offered (without the need for asking!), whereas on the other hand, others were unable to pinpoint anything at all that their employer had/was doing to even acknowledge the fact that the menopause could impact those in the workplace.
Of the employees that I spoke to, a common theme occurred…being heard and acknowledged. The menopause is a significant issue that impacts so many across EVERY area of their life and so to have this ignored in the workplace – a place where the majority of our day is spent – seems absolutely ludicrous. Most of those that I spoke to weren’t asking, or expecting, any big changes; simply to be listened to, for the issue to be acknowledged and understood better, and to have some practical adjustments made (fans, better/breathable uniforms, temperatures they are able to control – where possible, and offering training across all levels of staff to promote and encourage awareness).
If you are experiencing symptoms of the menopause, and are not feeling supported by your employer, or do not know where to begin with asking/what is reasonable, or where to start…I can help!

I would also like to say a massive thank you to all those that took the time to discuss this topic with me so that I could add more depth and understanding to this piece.

If you would like to have a free chat about how we can help you, please contact us on
info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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Posted on 31st March 20224th April 2022
Why are Terms & Conditions of Business so important for your Small Business?

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Why are Terms & Conditions of Business so important for your Small Business?

Terms & Conditions of Business are important for a business of any size, but for smaller businesses are often something that get overlooked…or something we will ‘get around to eventually’, if that time ever comes!
As a business owner myself, and as someone that works extremely closely with businesses and companies, I know how those businesses work, how their staff work and exactly where they envisage their business going. However, as we know, we may have the best intentions but not always have the best protection in place…until something goes wrong and we desperately need it but don’t have it!
Having cast iron Terms & Conditions of Business in place to protect you and your business is so important – this is where we can definitely help you.

So, what should your Terms & Conditions include?

Your Terms & Conditions of Business are what you rely on to fulfil your contracts or services to clients and, most importantly, mean that you get paid, and get paid on time!
A good set of Terms and Conditions will include:
Your details and Contact Details
The Details of the Contract
Accepting the Order / Work
Refusing the Order / Work
Products / Services
Your Right to Make Changes
The Client / Customer’s Right To Make Changes
Provision of the Products / Services
Delivery
Timeline
Subscriptions
Taking Delivery
Re-Arranging Delivery
Transfer of Title
Suspension of Products / Services
Ending the Contract
Your Rights
Client / Customer’s Rights
Consumer Statutory Rights
Cancellation Periods
Complaints
Price & Payment
Limiting Liability for Loss & Damage
Data Protection
Assignment Rights
Third Party Rights
Severance
Waivers
Jurisdiction
Alternative Dispute Resolution
As you can see, there is a lot that SHOULD be in your Terms & Conditions, much of which you may think doesn’t apply – in some cases it won’t, if you provide a service for example, then physical delivery of products is not going to be necessary for you.
However, many of these are applicable and will be very relevant, especially if a business relationship, or a relationship between you and a client / customer, breaks down…what will you have to rely on?
We offer a FREE REVIEW of your existing terms to advise whether any additions or amends should be made and are always happy to have FREE CHAT with anyone looking to get their first set of Terms & Conditions in place ready to grow with them and their business.

If you would like to have a free chat about how we can help you, please contact us on
info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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Posted on 3rd March 20223rd March 2022
What is the difference between Mutual Wills and Mirror Wills?

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What is the difference between Mutual Wills and Mirror Wills?

The concept of having Wills that mirror each other, for spouses is not something new, however there is a BIG difference between ‘Mirror Wills’ and ‘Mutual Wills’ and this could have consequences later down the line.
Mirror Wills is a term that many are familiar with but this is often used interchangeably with Mutual Wills, and they are VERY different.
So, first things first…

Mirror Wills

Mirror Wills, as you would expect, allow spouses to mirror each other’s wishes, passing their assets to the surviving spouse upon the first death and following the second death, the assets will be passed to those as agreed by both parties when the Wills were drafted.
However, unlike Mutual Wills, the surviving spouse is able to make changes to their Will, or make a new Will, following the death of their spouse, should they choose to do so.
This does however mean that, should the surviving spouse remarry, they could leave their entire Estate (including that inherited from their deceased spouse) to their new spouse and this could mean that the children of the spouse that passed first could be left with NOTHING!

Mutual Wills

Mutual Wills are not as common as they once were and are not usually recommended by Will writing professionals, for the simple reason that once one spouse has passed, the Wills become binding on the surviving spouse and they are unable to change their Will. Whilst both spouses are alive, the Wills can be amended as much as they both wish, however, following the first death no changes can be made, and if any are made they will not be legally binding or valid.
That being said, Mutual Wills may be preferred by those that want to protect their Estate and inheritance for their children if their surviving spouse remarries. Mutual Wills, unlike Mirror Wills, are not revoked by marriage and thus even if the surviving spouse does remarry, their Will will remain in place and the same as when it was made with their deceased spouse.
Typically, Mutual Wills will clearly state on them that they are in fact Mutual Wills, to save any disagreement or confusion in the future.

If you would like to have a free chat about your existing Will or making a new Will, please contact us on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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Posted on 3rd February 20223rd February 2022
What is a Digital Estate Plan & Do You Need One?

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What is a Digital Estate Plan & Do you Need one?

A Digital Estate Plan, put simply, is a list of everything that you hold online and digitally – be that bank accounts, photographs, emails, documents, work, contracts, online accounts and every other aspect of your life that you manage digitally.
Dealing with someone’s Estate following their passing is no easy task, even when everything is in order but couple that with trying to find, and then access!, everything they hold and manage digitally…it can be a minefield.
So, it seems sensible to get everything in order and organised so that should anyone else need to access your accounts and digital assets they know where to begin. Well, that sounds easy enough, right? But, where to begin…
First things first,

Start with a list

List out all of your online accounts (including email addresses, banks, store, storage, etc.) and then for each, write out:
Username;
Password;
Subscription?
Fees?
Any other useful information (memorable words/secret questions etc.)
It may be easier to add to this each time you access an account, as there are bound to be at least a couple you forget when listing them out from the top of your head.

What do you want to happen?

Whilst it may be quite clear what is to happen with some accounts after you have passed (online saving accounts, for example), for some it may not be so straightforward, and this may take some more time to consider.
For some accounts, social media accounts for example, you may want these to pass on to loved ones, or even work colleagues if they are business accounts.
Other accounts, you may want to be closed down or deleted. Some social media platforms have their own way of dealing with legacy accounts and so if this is something important to you, you can check out your individual account settings for each of the relevant platforms that you use.

Tell Someone you Trust

It is all very well collating and organising your digital assets, but this is little good if there is no one else that knows where it is kept or stored. Ensuring your Executor or someone else that you trust is aware of your Digital Estate Plan is key to ensuring your wishes are followed (and making sure that all your assets are found and dealt with!).

Consider Professional Advice

Now that you have your comprehensive and organised list in place, it may be worth seeking professional advice to see how your wishes can be dealt with and ensure that the people that you want to benefit from your digital estate (and everything else too!), do indeed inherit.

Keep it up to date

Keep your list up to date, continually review it and as you create a new account…add it to the list straight away!
Some of the times that you may want to review your list:
Creating an account
Changing a password
Deleting an account
Renewing / amending a subscription
This list is a work in progress and the more regularly it is kept up to date, the easier it will be.

If you would like to have a free chat about your Estate Plan, on your existing Will or in relation to making a new Will, please contact us on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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Posted on 6th January 20226th January 2022
We provide HR, Employment Law & Business Advice

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We provide HR, Employment Law & Business Advice

Did you know…
We can also assist with any HR or Employment Law issues (including GDPR)?

Leah Waller

Leah qualified as a solicitor in 2013, worked in law firms across the South-East and authored a book in relation to Maternity & Pregnancy Rights at Work before taking the decision to start TLC in 2018.
Now, Director of two companies, Leah continues to provide consultancy services to solicitors & law firms nationally and uses her extensive experience to assist small-business owners to get on top of their HR matters and keep ahead of the game. Whether employing your first member of staff, updating Staff Contracts, Handbooks and Policies, preparing Agreements for Freelancers/Contractors and Consultants, drafting Confidentiality Agreements or drafting and reviewing Terms & Conditions of Business or Service Agreements, Leah will assist you and your business in the most efficient and cost-effective manner.
Leah also has experience in dealing with GDPR requirements & queries from Sole Traders through to International companies. She can help ensure you are compliant with Data Protection legislation and get you sorted with Privacy Notices for your staff and your website, Data Protection Policies, Retention Maps and all the documentation you may need to ensure you are up to date.

HR Nightmare

For many business owners, the day-to-day running of the company, recruitment and staff issues can be an absolute nightmare.
THAT IS WHERE WE CAN HELP!
We can help with ad-hoc HR enquiries, recruitment questions, disciplinary and grievance matters as well as all of the following:

HR Advice

Here to help on a retainer or ad-hoc basis with any HR projects or queries on anything from Recruitment through to Termination including:
Holiday Entitlement & Pay, Maternity, Paternity & Family Friendly Rights & Pay, Minimum Wage, Redundancies, Performance Management, Disciplinaries & Grievances, Health & Safety and Working Time Regulations

Employment Contracts

Employing your very first member of staff or just wanting to bring your Employment Contracts up to date?
The statutory requirements changed in April 2020 and stated what MUST be included in your Employment Contract.
Why not take advantage of a free consultation and have your Employment Contracts reviewed today?

Employment Contracts

Employing your very first member of staff or just wanting to bring your Employment Contracts up to date?
The statutory requirements changed in April 2020 and stated what MUST be included in your Employment Contract.
Why not take advantage of a free consultation and have your Employment Contracts reviewed today?

Staff Handbook

The Staff Handbook will include all your company policies.
Policies that I would typically recommend include: Holiday, Whistleblowing,
Drugs & Alcohol, Bribery, Modern Slavery, Social Media, Grievance & Disciplinary, Equal Opportunities, Harassment & Bullying, Maternity & Family Friendly Rights, Flexible Working, Performance Improvement, Absence Management, and Redundancy.

Post-Termination Restrictions

Post termination restrictions are often included within Contracts for Employees and Contractors / Consultants, these can include restrictions on competing, soliciting or dealing with customers, soliciting or employing employees and interfering with suppliers.
In order to be legally binding and valid there is a fine balancing act to juggle.

Confidentiality Agreements

Confidentiality Agreement (or NDAs) can be made with employees, staff, other companies, consultants, contracts…the list goes on.
Ultimately, this is YOUR way to protect your business, your intellectual property, inventions, trade secrets and confidential information that could cause you and your business damage if it were to be made public or to get into the wrong hands

Terms & Conditions of Business

T&Cs are often your contract with your clients & customers and what you will rely on should something go wrong.
T&Cs should include; Price & Payment, Late Payment & Charging Interest, the right to make changes, rights to end the Contract, Complaints, Limiting Liability for any Loss or Damage, GDPR, Third Party Rights, Assignment and the usual legal clauses.

Consultant / Freelancer Agreements

Have you got someone working with you as a Consultant / Contractor or Freelancer?
Do you have the necessary protection in place in relation to confidentiality, intellectual property, data protection?
Somewhere that sets out their obligations to you, your responsibilities, the employment status, restricted activities, rates of pay, termination, etc?
We can help set you up with a template, or bespoke, Agreement.

GDPR

We can also help you with your essential GDPR documents including:

Data Protection Policy

Your Data Protection Policy will set out how you, as a business, and your staff use personal data that is collected and received from your clients, prospective clients and customers, suppliers, employees, workers and other third parties. The Policy also sets out the rights of the Data Subject (who’s data it is) and how they can make a Data Subject Access Request.

Website Privacy Notice

This sets out all the relevant GDPR information, for users of your website, including how and why you process personal data, what is collected and how it is looked after. This will also set out the Data Subject’s privacy rights and how the law protects them. This also includes a Cookies Policy.

Employee & Staff Privacy Notice

An Agreement that is sent to, and signed by, all staff setting out how you, as a business, use their personal data both during and after the working relationship as required by the General Data Protection Regulations (GDPR) and Data Protection Act 2018. This includes what data is collected, how it is collected and why, as well as how it is used and stored and their rights in relation to such data.

If you would like to have a free chat about how we can help you, please contact us on
info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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Who is responsible for my debts when I die?

Personal Debt

Joint Debt

Dealing with Debts After the Death of a Loved One

FIRSTLY

SECONDLY

THIRDLY

FOURTHLY

FIFTH

THEN

LASTLY

Does my Will cover my assets abroad?

Our property is in my sole name, will my partner / spouse be homeless when I die?

So, what happens to your partner - do they have to move out?

LIFE INTEREST TRUSTS

Where do I look for a Will when someone dies?

So where should you start looking?

Is your partner entitled to a share of your property?

Declaration of No Interest

Menopause in the Workplace

In the UK, the average age for a woman to reach the menopause is 51

Around 1 in 100 women experience the menopause before 40 years of age

72% do NOT have a menopause policy and 16% give Line Managers training on the menopause

I would also like to say a massive thank you to all those that took the time to discuss this topic with me so that I could add more depth and understanding to this piece.

Why are Terms & Conditions of Business so important for your Small Business?

So, what should your Terms & Conditions include?

What is the difference between Mutual Wills and Mirror Wills?

Mirror Wills

Mutual Wills

What is a Digital Estate Plan & Do you Need one?

Start with a list

What do you want to happen?

Tell Someone you Trust

Consider Professional Advice

Keep it up to date

We provide HR, Employment Law & Business Advice

Leah Waller

HR Nightmare

HR Advice

Employment Contracts

Employment Contracts

Staff Handbook

Post-Termination Restrictions

Confidentiality Agreements

Terms & Conditions of Business

Consultant / Freelancer Agreements

GDPR

Data Protection Policy

Website Privacy Notice

Employee & Staff Privacy Notice

72% do NOT have a menopause policy

and

16% give Line Managers training on the menopause