• you can set out how your assets are shared – if you died intestate, the law says who gets what;
• if you’re an unmarried couple (whether or not it’s a same-sex relationship), you can make certain your partner is provided for;
• if you’re divorced, you can decide whether to leave anything to your former partner;
• you can make sure you don’t pay more Inheritance Tax than necessary.

Making a Will protects your assets and property from the intestacy rules. If you passed away without making a Will your estate will pass on in accordance with the intestacy rules. The intestacy rules set out who is authorized to inherit from your estate if you do not leave a valid Will.

If any of the following situation apply to you, the intestacy rules may not cater for your situation in the way that you would wish:

• You are legally married or in a civil partnership and have children and you wish your spouse/civil partner to inherit all of your estate.
• You have no living relatives and wish to leave your estate to your friends or to a charity (the Crown may take your estate if you die leaving no Will and no surviving relatives).
• You are legally married or in a civil partnership and you don’t wish your spouse/civil partner to inherit anything.
• You are legally married or in a civil partnership but have no children.
• You are legally married or are in a civil partnership and have children from a previous relationship
  and you wish to ensure that your children receive something from your estate.
• You have dependant relatives e.g. children under 18, elderly relatives or relatives with a disability who have special needs and you want to make sure that they are looked after and provided for. (If you make a Will you can appoint guardians to look after your children and set up trusts in your Will to provide for dependants).
• Your estate is large and may be liable for Inheritance Tax and you may wish to make arrangements for tax planning.

A valid Will must follow the following rules:

• It must be in writing;
• it must be signed and witnessed;
• you must be over 18 when you make it;
• you must have the mental capacity to make the Will and understand the effect it will have;
• you must not have made it as a result of pressure from someone else.

Bribery is explained as “giving someone a financial or other advantage to induce them to perform their functions or activities improperly or to reward them for having already done so”.

Commercial organisation must introduce the anti bribery policy. The policy must depict the following significant provisions such as:

• unambiguous prohibition of the offer, gift or acceptance of bribes
• the procedures that should be followed during business transactions
• guidance on the provision of gifts, hospitality or expenses that may influence the outcome of business transactions
• guidance on political and charitable donations, including a prohibition of the payment of donations to political parties or charities that are directly linked to obtaining new business or gaining a business advantage
• require that any donations made in good faith are publicly disclosed

You will only need such a procedure if – following an assessment – there is a risk that an agent, subsidiary or other person performing services for your business might carry out such acts.

The Bribery Act provides:

• a general offence of bribery, which is defined as giving someone a financial or other advantage to induce them to perform their functions or activities improperly, or to reward them for having already done so;
• an offence of bribing a foreign public official in order to win business, keep business or gain a business advantage for the organisation;
• an offence relating to failure by a business to prevent a person associated with it from committing the above offences on its behalf in order to win business, keep business or gain a business advantage for the organisation.

Businesses must have a close eye on the person associated with them and follow the zero tolerance procedure in order to avoid the offences under the Bribery Act .Only strict procedure can avoid the offences under the Bribery Act 2010. Businesses must prevent the persons associated with them from committing the offence under the Act on their behalf with reference to gain a business advantage for the organisation.

Only adequate procedure in place to prevent the bribery can avoid the criminal prosecution against the commercial organisation. The following principles must be useful to avoid the charge of bribery against commercial organisation such as:

• analyse whether your business is at risk and, if so, the level of that risk
• chalk out and implement the adequate procedures proportionate to the risk you have identified, the scope and size of your business, and the country/ies in which you do business
• prove your clear commitment to the prevention of bribery
• use proper  diligence to assess who you are dealing with and who you appoint to represent you
• communicate, train and raise awareness among employees and business partners
• observe  and review your procedures

Related links: business documents – commercial contracts

Ensuring a well drawn contract is in place does not create mistrust nor does it have to be expensive, time consuming or complicated. Simply, it is the basis for trust. If all the terms are written down in one place, there is little room for miscommunication, misinterpretation and missed deadlines. Whether you are the provider or the client, using a well drawn contract protects your valuable interests. It simply makes good business sense.

If you are apprehensive about asking a client to sign a contract, for fear that they will think you don’t trust them, don’t trust them! You simply have too much to lose by trusting them. A contract isn’t a replacement for trust; it is the basis for trust.

Written or verbal?
There is an argument that a verbal contract is just as good as a written one. Whilst that is true, how are you going to prove you have a contract at all, if it is your word against his? Take for example, a contract to rewire a remote farmhouse. If you are the contractor and drive 60 kilometres to arrive at the location only to find that the client has gone out for the day and not left a key, you will have wasted your transport time, petrol costs and you will have endured much frustration. With no contract, the client can simply say ‘we agreed the 21st, not the 22nd’. You can do nothing about it. You have lost a days work. Of course the same applies if you are the client and have taken a day off work to be available for when the electrician calls.

The bottom line is that by using a written agreement, you are more likely to avoid such pitfalls in the first place and second, you will have a course of action to compensate you for your wasted time.

Related resources: Business terms and conditions | Website terms and conditions | shareholder contracts

It is an employer’s duty to protect the health, safety and welfare of their employees, and other people who might be affected by their business. You must do whatever is reasonably practicable to achieve this.

This means making sure that you and others are protected from anything that may cause harm, effectively controlling any risks to injury or health that could arise in the workplace.

You also have a duty to assess risks in the workplace. Risk assessments should be carried out that address all risks that might cause harm in your workplace. You must give your employees information about the risks in their workplace, how they are protected and how you shall instruct and train them to deal with the risks.
Your must consult employees on health and safety issues, either directly or through a safety representative that is either elected by the workforce or appointed by a trade union.

Of course many health and safety precautions you take have other benefits as well as managing your employer duties. Implementing a non-smoking policy for example, could help improve your employee’s health and in the long run, reduce the number of days that employees take as sick leave.

Implementing a communications and email policy may help to alleviate wasted time employees are tempted to spend on social networking sites, checking their bank account and writing personal emails. Productive employees = bottom line results.

Health and safety documents go a long way in showing that you have managed your duties. Simply have the paper of course, does not cover your back alone, but prompts all involved being aware of the risks and manage them accordingly. Here is the Net Lawman collection of Health and Safety documents.

Pre-nuptial agreements were given significant recognition in English law for the first time yesterday after a wealthy German heiress won a landmark legal battle with her former husband.

Three Appeal Court judges ruled that the assets of Katrin Radmacher – a paper industry heiress said to be worth £100 million – should be protected from her French ex-husband because of the pre-nuptial contract they signed before they married.

In yesterday’s landmark ruling, Mr Granatino’s settlement was cut to about £1 million as a lump sum in lieu of maintenance, with a fund of £2.5 million for a house which will be returned to Miss Radmacher when the youngest of their two daughters, who is six, reaches 22.

His debts of about £700,000 are to be paid off by the heiress, who had always agreed to this settlement.

But the ruling made clear the court was awarding the money for the children – which the pre-nup always stated fell outside its remit.

It was said that in any future cases, judges should give “due weight” to pre-nuptial contracts freely entered into.

Lord Justice Thorpe stressed that “a carefully fashioned contract should be available as an alternative to the stress, anxieties and expense of a submission to the width of the judicial discretion.”

Emphasising how English matrimonial law was out-of-step with Europe, he also said courts here were “in danger of isolation” on the issue. In France or Germany, Mr Granatino would have been awarded nothing because of the pre-nuptial contract.

The contracts are still not binding under English law, as there is no provision for them under Section 25 of the 1973 Matrimonial Causes Act.

The Law Commission is due to report on the matter by 2012 and draft legislation is expected to follow. David Lister, a partner in matrimonial law at solicitors Mischon de Reya, said it was the most important ruling on pre-nups to date because the judges made clear they wanted it applied across the board.

Although it would take an act of Parliament to “enshrine” them in law, Vanessa Lloyd Platt, another leading divorce lawyersaid the judgment had “effectively created a situation where that is the case”. “This will open the floodgates for people asking for pre-nups,” she said, noting: “It’s not just the wealthy, it’s filtered down to the middle classes.” “Lawyers will be advising, ‘It’s better to have one that not.”

Thinking about a pre nuptial agreement? Use our template version for prenuptial agreements.

This article explains how divorce costs are divided and how to lower the cost of our divorce.

Petitioner pays
Despite prevailing opinion, it really does matter who initiates divorce proceedings. If you are the one who is being divorced, you can be ordered by the court to pay all the legal fees for the divorce. This is unjust, but it is based on the old court principles that if you can prove your case before them, then you will also get your costs. This may be useful for other cases and other judicial systems in the UK, but in the family courts, the result is unfair.

How to split legal fees:
• If the divorce is agreed upon by both parties, it is possible to halve the legal fees between the two of you. We suggest you do this by using a ‘separation agreement’ to ensure any agreement is written down;
• Of course, it is possible that the person who petitions for the divorce will not seek a court order for costs against his or her spouse.

Cutting costs
Do you really need a solicitor? If the divorce is undefended – that is, you both agree – there is little point using a solicitor as long as the division of your finances and how you shall manage the children is agreed too. A solicitor does not make the divorce any more legal. You can manage the entire process on your own with relative ease by using forms and documents purchased online. Further, you can also purchase legal advice and support online too.

Here are some situations where it is better to forego the services of a solicitor:
• If you and your partner agree on the divorce and on the division of property;
• If you have proper grounds for the divorce;
• If both of you do not have substantial assets;
• If you are not challenging child support or maintenance;
• If your children are of legal age and not minors.

However, if you still need financial assistance from your partner after the divorce, it may be better to get the help of a solicitor to take care of the monthly payments and help make the payments binding.

Legal Aid
With some divorce situations, legal aid under the Legal Services Commission (LSC) is available. An advisor will be able to help determine if you are eligible for the aid or not. Legal aid is granted on the demonstration of financial need, so those who wish to apply will have to give their income and expenditures to the LSC.

How to manage your own divorce
• Research and plan: read articles such as the free articles on our website;
• Ensure you have proper grounds for divorce;
• Make the initial petition using a petition form from Net Lawman, or any other legal supplier;
• Use other Net Lawman forms to complete the divorce process.

Net Lawman stock all forms and documents you require for an undefended divorce. You can also apply to the court for them to send you the relevant forms; however, these do not come with explanatory notes, completed examples and guidance as the Net Lawman forms do. Net Lawman can provide back up advice and support too as well as draw letters and documents to assist.

Farm diversification has been essential to secure the sustainability of the farm. Since the outbreak of Foot and Mouth and the Policy Commission on the Future of Food and Farming, there has been more recognition or a healthy tenanted sector in achieving sustainable agricultural industry.

The Tenancy Reform Industry Group which has representatives nationwide came up with the following reforms, which have been implemented by this Order:

• Encourage diversification by tenant farmers;
• Maintain and improve viability of tenanted farmers;
• Allow restructuring of holdings without jeopardising valuable rights;
• Improve flexibility in the tenanted sector;
• Maintain a balance between landlord and tenant interests.

Does the Order apply to me?
The Order applies to:
• All new tenancies in England and Wales;
• To variations and consents affecting existing tenancies made on or after 19 October 2006;
• Arbitrations arising on 1986 Act tenancies where the appointment of the arbitrator takes place on or after that date;
• All amendments to the Agricultural Tenancies Act 1995 regarding notice to quit and the criteria which an arbitrator can take into account in a rent review for a Farm Business tenancy.

Related resources: Agricultural licence | Agricultural tenancies | Agricultural lease

The Private Rented Sector (PRS) and buy-to-let has become an important, if not the most important, sector of the UK housing market; certainly as far as tenants, sellers, letting and estate agents are concerned.

The young wait in rented accommodation until they can afford to buy, which suits their mobile lifestyles, the old downsize and some move into a rental retirement, owners rent out their homes when they move away, or when they can’t sell—there’s even talk of a shift to lifelong renting.

All this is a far cry from 20 years ago when hardly anyone rented. By contrast, at the turn of the century around 90% of households rented and in 1939 this figure was around 55 per cent.

The figure dropped to a mere 7 per cent in the 80s—the result of years of well meaning but misguided social legislation which had the effect of destroying the rental market.

In 1988 the Conservatives gave the market a shot-in-the-arm, introducing the Assured Shorthold Tenancy, which was followed by the ARLA initiative—the buy-to-let mortgage package.

Since then the PRS has grown steadily with the present share at 14%, still a way to go to reach the levels of countries in Europe and the US.

Despite recent events, and growing red-tape and regulation for landlords, it remains a truism that investing in property will continue to be an excellent place to put your money and to build-up your wealth over the long-term.

There are now signs that the world economy is beginning to stabilize, and that a total economic collapse can now be averted, though it’s still early days and things could still get worse before they get better.

Very low interest rates and a concerted effort by the Bank of England using “quantitative easing” – effectively the printing of money—and by many other governments, appears to be having the desired effect, but the jury is still out on the end result.

If you are an agent, landlord or tenant, we stock all the documents you need. Go to list of property lease documents.

Crisis such as foot and mouth outbreaks, fire damage, illness of key staff or computer failure could make it logistically very difficult to carry on “business as usual”, especially for small businesses. With a little forethought, you can minimise the potential impact of a disaster – and sometimes prevent it from happening in the first place.

This guide helps you to identify potential risks, make preparations for emergencies and test how your business is likely to cope should the worst happen.

Why you need to plan for possible crises

The smaller your business, the more essential planning is – simple because small businesses often lack the resources to cope easily in a crisis. Failure to plan could therefore be a disaster. At best you risk losing customers while you’re getting your business back to normal, however, the worst is that your business may never fight back and may have to cease trading.

Your planning process should include:

• Identification of potential risks;
• How you intend to minimise the risks;
• How key individuals will react if a disaster occurs;
• Testing of the plan.

Simply, this means if you’re reliant on computer information, identify it as a risk, think about how to minimise the risk – i.e. it would be a good idea to install a back-up system so you have a copy of key data in the event of disaster. Lastly, back up frequently and check the backups.

Benefits of a business continuity plan

It sounds a little over the top right now, however, come disaster time, you’ll be glad you made a plan. A continuity plan will make coping in a crisis easier and enable you to minimise disruption to the business and its customers.

If you work with the plan and stay calm it will also prove to customers, insurers and investors that your business is tough enough to cope with anything – possibly giving you the edge over your competitors.

Crises that could affect your business

Depending on your location, line of work etc, here are some possibilities:

• Natural disasters;
• Theft or vandalism - vandalism of machinery or vehicles could not only be costly but also pose health and safety risks;
• Fire;
• Power cut;
• IT system failure - computer viruses, attacks by hackers or system failures could affect employees’ ability to work effectively;
• Restricted access to premises – how would your business function if you couldn’t access your workplace - for example, due to a gas leak?
• Loss or illness of key staff – if any of your staff is central to the running of your business, consider how you would cope if they were to leave or be incapacitated by illness;
• Outbreak of disease or infection;
• Terrorist attack - consider the risks to your employees and your business operations if there is a terrorist strike, either where your business is based or in locations to which you and your employees travel. Also consider whether an attack may have a longer-term effect on your particular market or sector;
• Crises affecting suppliers - how would you source alternative supplies?
• Crises affecting customers - will insurance or customer guarantees offset a client’s inability to take your goods or services?

Crises affecting your business’ reputation - how would you cope, for example, in the event of a product recall?

Related resources: Crisis management | Business terms and conditions

As with all legal matters, granting someone permission to make decisions about another’s finances and welfare should not be taken lightly – and at the very least a written document allowing them to act that lays out the boundaries of their power is needed.

This document is called a ‘Lasting power of attorney’ (LPA) in England and Wales. Scotland has a similar legal framework under the Adults with Incapacity (Scotland) Act 2000. So a PoA is for temporary assistance whilst an LPA is for someone to take control of another’s affairs indefinitely.

To find a PoA or LPA forms, go to an online legal document library like Net Lawman where you’ll find a comprehensive selection of template power of attorney documents and detailed information about granting a PoA.

A LPA can be drawn up at any time while the person handing over authority is competent to sign one, but has no legal standing until registered with the Office of the Public Guardian.

Once registered, a LPA can be used at any time, whether the person handing over authority has the mental ability to act for himself or herself or not.

How does a lasting power of attorney allow someone to act for me?
Lasting powers of attorney cover two areas:

• Property and Affairs – this gives power of attorney for finances and property
• Personal Welfare LPA – this allows someone to make decisions about healthcare and welfare. These decisions can only be taken when the LPA is registered and the person handing over authority is judged unable to make their own decisions.

Who should be given power of attorney?
Appointing more than one person is always a sensible option – three is good then any contentious decisions have to have a 2-1 vote and counts out a deadlock.

It goes without saying the person handing over authority should know and trust the people they appoint and that the appointees can manage their own affairs adequately if they have to manage someone else’s.

A comprehensive guide for someone considering drafting a power of attorney outlines all the points that need to be borne in mind, while another section explains a personal experience of granting a lasting power of attorney.