This is an exciting time of year for families and children.  Children are engaged in activities at school and talking about their ‘wish’ lists with their friends.   For separating parents and their children Christmas can be tough.  A relationship breakdown often means a dramatic change in life for all involved and when parents live apart, arrangements need to be agreed about how and when children will see each of their parents.   If a couple can agree arrangements between

On 3 May 2023, HHJ Paul Matthews handed down judgment in James -v- Scudamore [2023] EWHC 996 (Ch). Nalders, instructing James Kirby of Counsel, acted for the successful First Defendant, confirming the validity of the Wills and Codicils of her late aunt and uncle. Coodes acted for Martyn James, the son of the late Ivor James, who had sought an order revoking the grant of probate that Nalders’ client had obtained, had his claim dismissed at trial, and an Order

Where there is a good cultural alignment, a merger can offer numerous benefits to two smaller partnerships, particularly in terms of sharing costs and resources, and access to economies of scale while potentially also reducing competition.   ‘There are a host of commercial issues that one has to be aware of when contemplating a merger of two partnerships,’ says Lee Middleton, a commercial solicitor with Nalders in Truro. ‘Careful analysis of the two businesses is critical, as is ensuring the

‘A common concern for our clients and their families is the prospect of having to sell the family home in order to meet care costs,’ explains Andrew McClure, a Senior Associate in the Wills and Probate Team with Nalders in St Austell. ‘There are many articles and schemes online which seem to indicate that selling a home can be avoided, but often these schemes are not legal and could land you in even more trouble.’   When might your local

Almost one in two first-time buyers receive some financial assistance from their parents, but cash gifts or mortgage support are not the only ways to help the next generation. If you are asset rich and own land, vacant buildings or a second home, transferring property to a child is another option.   ‘People sometimes have a separate outbuilding, such as a gite or annex, which they would like to gift. Alternatively, the subdivision of a farm or large garden could

Warranties and indemnities are routinely included in commercial agreements. Their aim is to provide a right of redress where representations or contract-critical information has been provided by one party to another, and this turns out to be inaccurate or wrong and results in financial loss.   Disputes about warranties and indemnities arise frequently and are particularly common in the context of business sales, finance and construction contracts, software development agreements, joint ventures and also higher value or complex sale of

At present, no capital gains tax (CGT) is charged on a transfer of assets between a married couple or civil partners who live together.  If, however you are separated or divorced from your spouse or civil partner, then this tax relief does not necessarily apply.   The Office of Tax Simplification reviewed the rules relating to separating couples in July 2022 and proposed a number of recommendations which the Government have agreed to implement from April 2023.   Manda Toms,

If you develop a site and your scheme includes new roads, you will probably want to get them adopted by the local highways authority.  This will shift the long-term burden of maintenance to the highways authority, but there may be short term costs involved which you may not have anticipated.  There is more than one way to approach this, and you will probably have to enter into a formal highways agreement, so you will need advice from your solicitor on

While financial assets can be divided relatively easily when settling an estate, this is not usually possible with heirlooms such as a painting, a piece of furniture or individual pieces of jewellery. Even if items are not valuable, such items may be the cause of a dispute between siblings who have set their heart on something because of its sentimental value.   ‘In law, chattels are any items of tangible and moveable property, such as jewellery or artwork or antiques,’

Many would-be investors are drawn to commercial property.  Even in times of economic uncertainty, people like the idea of investing in bricks and mortar which can feel more real than a purely financial investment.  A commercial property can be the foundation for a long-term income stream, as long as it is chosen carefully and well managed.  There are traps for the unwary, so it is vital to get good legal advice before you commit yourself.   ‘In an uncertain market