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Category Archives: Insight Article

Missteps and misunderstandings: The hidden risks in modern break-ups

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rings and divorce papers

Christmas is the time for coming together, however financial pressure, childcare strain and the intensity of family gatherings may mean that for many couples, the season of good cheer becomes the point at which problems can no longer be ignored.

Relationship breakdown is rarely a single moment; it often unfolds in stages. Whether a couple is quietly considering separation, navigating the practicalities of a split, or already completing paperwork online, modern relationship breakdown is more complex than it once was.

Since the introduction of no-fault divorce in 2022, couples ending a marriage or civil partnership can apply jointly or individually without assigning blame. The process is intended to be accessible, with clearer language such as ‘final order’ replacing ‘decree absolute’ – but that shift has created its own problems.

Family lawyers are reporting a steady rise in people who have done a DIY divorce, managing the process themselves, and assuming a ‘final order’ means everything is settled: marriage, money, property and pensions. It does not: the final order simply ends the marriage – the financial arrangements must still be dealt with separately, whether through a consent order approved by the court or court proceedings.

The case of Wyatt v Vince remains a cautionary tale, as the Supreme Court permitted Ms Wyatt to make a claim for financial provisions from her former husband, more than 20 years after the divorce. The parties never reached a financial settlement on their divorce, and Mr Vince went on to amass a fortune after their separation and divorce, while Ms Wyatt had no significant assets. While the parties reached a settlement, the Supreme Court emphasised that it had a duty to consider all the circumstances of the case – even after such a lengthy period.

Alongside married couples turning to the new no-fault divorce process, an increasing number of long-term partners are separating without ever having been married – often without realising how few rights they have. And misunderstandings in both groups can lead to costly and avoidable mistakes without early specialist advice.

The latest ONS data shows that cohabiting couple families are the fastest-growing family type. Yet the law has not kept pace. 

Despite widespread belief in the so-called ‘common-law marriage’, cohabiting partners do not have the same rights as spouses, no matter how long they have lived together or whether they have children. On separation, there is no automatic entitlement to share assets, claim maintenance, or remain in the family home unless it is legally held in their name.

This creates a particular vulnerability for those who stepped back from careers to raise children, or who contributed informally to household finances on the assumption that a long-term partnership brought long-term security. Calls for reform have been growing, but there is still no clear timetable.

“Divorce and separation are happening against a completely different social backdrop,” said Pippa Marshall, family law specialist at RIAA Barker Gillette (UK), based in London. “No-fault divorce has made the process less confrontational, but not necessarily clearer. And more couples are living together without realising how little legal protection they have. Good advice early on prevents small misunderstandings from turning into major financial or emotional fallout.”

For divorcing couples, that includes understanding when to apply for the final order, when to pause the process, and how to protect property, pensions and savings through a binding consent order. For cohabiting couples, it may mean creating a declaration of trust, preparing a cohabitation agreement, or understanding options if separation is already underway and for unmarried parents, making a claim under Schedule 1 of the Children Act 1989 for financial provisions for a child.

“For anyone considering divorce or separation, the message is simple: this is a very tough time, but don’t let emotion overwhelm the outcome by rushing into action without proper advice,” added Pippa.

Mince pies and the minimum wage 

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man working in shop with Christmas decorations

As Christmas and New Year approach, many employers will rely on additional seasonal staff for shops, warehouses, hospitality outlets and delivery services.  It is crucial, however, not to overlook legal obligations around minimum wage and holiday pay.

Those working ‘Christmas jobs’ – including part-time, temporary and zero-hours workers – are entitled to the same minimum hourly rates and holiday entitlements as other employees.  

Under the Working Time Regulations 1998 (as updated), almost all workers must receive 5.6 weeks’ paid holiday a year, even if they work only seasonally, part-time, or irregular hours.  Holiday pay for those with irregular hours or part-year contracts should now be calculated using the 12.07% accrual method or, if using rolled-up holiday pay (permitted since April 2024), clearly identified on the payslip.  

That is especially important at this time of year: the extra shifts, longer working hours, and deductions for uniform or unsocial-hours premiums increase the risk of inadvertently slipping below the minimum wage or underestimating holiday pay. 

Nearly 500 employers were recently fined more than £10 million for failing to pay the National Minimum Wage, and £6 million was put back into the pockets of workers following a crackdown as part of the Government’s Plan for Change, and an open hotline for reporting underpayments to HMRC.  These figures highlight the real risk, both financial and reputational, of non-compliance.   

Seasonal staff can be a real asset during the festive period, but only if employers get the fundamentals right.  This is the time to review pay, holiday entitlements and paperwork before the Christmas rush turns into a new year compliance crisis.

Checklist for employers 

  • Review pay rates and contract terms to ensure they meet or exceed minimum wage requirements for all hours worked (including overtime, training, opening/closing time and unpaid work)
  • Audit holiday entitlement and pay calculations for irregular-hours or part-year staff, ensuring holiday pay is not simply built into an hourly rate unless properly documented
  • Ensure payslips clearly show holiday pay separately (especially if using rolled-up holiday pay)
  • Ensure payroll software is up to date and applying the latest rates of tax and national insurance  
  • Understand that failure to comply can trigger HMRC enforcement action, including penalty payments and the requirement to pay all arrears owed

National Living Wage and National Minimum wage rates 2025 

  • National Living Wage (21 and over) – £12.21
  • 18 to 20 – £10.00
  • Under 18 – £7.55
  • Apprentice – £7.55

Christmas may come but once a year, as the saying goes, and seasonal staff may be temporary, but statutory pay rules never take a holiday.  Employers must keep them, and compliance generally, firmly on the calendar all year round.

About the author

Karen Cole is a Partner and Head of the Employment team at RIAA Barker Gillette. She has a range of expertise based on her employment law, dispute resolution, and litigation background. Karen provides employment law advice to businesses and individuals, whether contentious or not. She is a member of the Employment Lawyers Association (ELA) and the Association of Regulatory and Disciplinary Lawyers (ARDL).

Shifting the balance: How the leaseholder-landlord relationship has changed

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Leasehold and Freehold Reform Act 2024

Back in 2017, the Conservative government pledged to ‘Improve consumer choice and fairness in leasehold.’ But making a commitment and delivering on it are two very different things – as Stuart Jacobs explains in this article.

Many landlords will feel that the 2024 Act is simply ‘another bat to beat them with’. However, it does contain some interesting and important provisions intended to recast the landlord-leaseholder relationship.

The Leasehold and Freehold Reform Bill was introduced to Parliament in November 2023. Yet by the time of last year’s general election, it still lacked the muscle to make it a truly effective piece of legislation. Michael Gove – then Secretary of State for Levelling Up, Housing and Communities – fast-tracked the Bill so that it became law in the last few hours of the Conservative administration.

Gove recognised that for the Act to be effective, secondary legislation or regulations would be needed, some of which would be difficult to put into practice. The Act was intended to strengthen leaseholders’ rights and, in doing so, would in some cases inevitably weaken those of landlords.

Ten key ways it goes about achieving this

1. Makes it cheaper and easier for leaseholders in houses and flats to extend their lease or freehold. It also includes the requirement to pay marriage value – perhaps the Act’s most controversial provision. While the new government has sensibly initiated a further consultation to determine how best to implement this change, the likely enormous loss to landlords is already the subject of a challenge in the courts. This could go to the European Court of Human Rights and take many years to resolve.

2. Increases the standard Lease Extension term to 999 years reducing ground rent to a peppercorn (zero f inancial value) upon payment of a premium. This is not a particularly controversial measure because leaseholders had been able to complete the same exercise but on the basis of a 90-year Lease Extension since the early 1990s.

3. Loosens the qualifying criteria so as to give more leaseholders the right to extend leases or buy their freehold. These measures have already been implemented by the removal of the two-year qualifying period required before leaseholders could apply for Lease Extensions.

4. Bans the granting of new leasehold houses (with some exceptions). Again, this is not a controversial measure, and it has already been implemented.

Improves the transparency of:

  • a. Service charges and gives leaseholders a new right to request information about service charges and the management of the building.
  • Administration charges and building insurance commissions.

5. While some landlords might argue that this is just a further unnecessary layer of administration for which leaseholders ultimately have to pay, few would argue that leaseholders should have a clear right to full information about the way in which their buildings are managed.

6. Changes the qualification threshold entitling leaseholders to impose right to manage companies (RTM) on landlords or enfranchise (purchase the freehold) for mixed use buildings in England to allow more buildings to qualify. The qualifying percentage of non-residential floor space in a building has been increased from 25% to 50% from 3 March 2025.

7. Removes the presumption that leaseholders pay their landlord’s legal costs when challenging poor practice and gives them a new right to apply to claim their legal costs from the landlord. Rather surprisingly, there has been relatively little opposition to this proposal from landlords.

8. Removal of the requirement that leaseholders pay their landlord’s costs on the grant of a lease extension, a collective enfranchisement or the creation of an RTM. Again, this is a controversial amendment because many landlords will cry ‘foul’, arguing why they should have to pay their own legal costs when being required to participate in a process which they did not initiate and was not of their making.

9. Extends access to redress schemes for leaseholders where the freeholder manages the property directly.

10. Ensures that relevant property sales information is provided to the leaseholders in a timely manner.

Many landlords will feel that the 2024 Act is simply ‘another bat to beat them with’. However, it does contain some interesting and important provisions intended to recast the landlord-leaseholder relationship. The Act’s more controversial aspects are likely to ‘run and run’, creating great uncertainty throughout the property world generally.

This uncertainty will not be resolved until there’s clarity regarding issues relating to the proposal to remove marriage value in particular and, to a lesser extent, the requirement that landlords pay their own costs when leaseholders initiate claims to enfranchise or purchase Lease Extensions.

About the author

Stuart Jacobs undertook his training to become a partner in a boutique London law firm and joined forces with RIAA Barker Gillette in 2014. Stuart is a versatile and experienced litigation lawyer focusing primarily on commercial, property and civil litigation. Over the years, he has successfully conducted many high-profile and ground-breaking cases in several different areas, including the confidential settlement regarding the compulsory purchase proceedings brought by the Secretary of State for Transport in relation to the acquisition of the buildings immediately in front of Euston Station, acquired for HS2 on behalf of Euston Estate.

Menopause awareness month: Legal protections and what employers need to know

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menopause

October is Menopause Awareness Month and is designed to raise awareness about menopause, the transition through it and the support options available for those affected by it.  

Whilst, currently, there are no menopause-specific employment laws, indirect protections do exist; the Employment Rights Bill is likely to offer more explicit recognition and obligations on employers in the not-too-distant future.  

The relevant employment laws protecting those experiencing menopause focus on the Equality Act 2010 (depending on the circumstances, someone experiencing menopause may be able to bring discrimination claims related to age, disability or sex and Trans people with menopause symptoms may be able to bring discrimination claims based on gender reassignment) and the Employment Rights Act 1996 (largely where dismissals have arisen due to misconduct or poor performance and an employee cites menopause symptoms as having a significant impact on them).

There is also protection under the Health and Safety at Work Act 1974, which obliges employers to ensure the health, safety, and welfare of employees as far as reasonably practicable.  That includes assessing workplace risks to health and well-being (e.g. environmental factors such as heat, ventilation, humidity, stressors) that may exacerbate menopausal symptoms and taking steps to mitigate those risks.  

That framework, however, is not ideal.

Equality Act 2010

There is no express “menopause’ protected characteristic under the legislation, and there is no basis therefore for menopause discrimination.  

Menopausal-related claims, therefore, rely on fitting into another protected characteristic. 

  • Sex (gender discrimination) — treating someone less favourably because they are female, or because of stereotyped assumptions about women.  
  • Age discrimination — since menopause is commonly age-related (although not always), differential treatment tied to menopausal symptoms can sometimes be framed as age discrimination.  
  • Disability discrimination — in cases where menopausal symptoms are sufficiently severe, long-term, and impactful, they may meet the threshold of a “disability.” If so, an employer has duties to make reasonable adjustments, and other protections under the Act (such as protection from discrimination arising from disability) may apply.  

The EHRC’s guidance states that symptoms which have “a long-term and substantial impact” on day-to-day activities may qualify as a disability. If menopausal symptoms are classified as a disability, employers must recognise:

  • A duty of the employer to make reasonable adjustments to avoid placing the affected person at a substantial disadvantage.
     
  • Protection from direct or indirect discrimination, harassment, and victimisation connected to those symptoms.  
  • Potential claims for discrimination arising from disability  

Meeting the disability threshold, though, is often a high hurdle, particularly because many menopausal symptoms can be episodic, fluctuating, or variable in severity.

Harassment, indirect discrimination, victimisation

Even where a disability claim cannot be made, there may be claims under:

  • Harassment: e.g. unwelcome comments or “banter” about hot flushes, memory slips, mood swings. If such behaviour is related to a protected characteristic (e.g. sex), it can be unlawful.  
  • Indirect discrimination: a “neutral” workplace rule or policy may disproportionately disadvantage menopausal employees unless the employer can show it is a proportionate means of achieving a legitimate aim.  
  • Victimisation: if someone is treated adversely for raising complaints or making disclosures about menopause-related treatment.  

Proposals for reform: the Employment Rights Bill – what’s changing

A major change in the employment law landscape is underway thanks to the Employment Rights Bill.  It is currently in its final stages through Parliament; the House of Lords due to sit on 28 October 2025 to consider the Commons’ amendments and/or reasons. The Bill includes proposals directly relevant to menopause and gender equality in the workplace.

The key proposals include:

  • Equality Action Plans for large employers (250+ employees): Employers will be required to publish an “equality action plan” that covers at least two prescribed matters: (i) addressing the gender pay gap, and (ii) supporting employees going through menopause.  
  • Menopause Action Plans: As part of those equality action plans, large employers must set out measures to support employees through menopause.  
  • Implementation timeline:
    • Voluntary adoption begins from April 2026.  
    • Mandatory compliance for large employers comes in 2027.  
  • Other supportive changes: the Bill includes provisions for improving sick pay (e.g. removing waiting days), extending protections, enhanced trade union rights, and more robust harassment prevention regimes.  
  • The fact that menopause is explicitly named in proposed employment legislation is a landmark shift: it moves menopause out of the realm of implicit interpretation into the foreground of equality duties.  
  • Once the regulations are in force, failure by large employers to comply could expose them to enforcement actions or legal challenge.
  • Employers will need to begin preparing data collection, policy drafting, and internal systems well before 2027.
  • The detailed content, format, frequency, and enforcement mechanisms of the action plans will be fleshed out by regulations (which will be subject to consultation).  

Relation to existing rights

  • The new statutory duty (to publish action plans covering menopause) complements rather than replaces existing rights under the Equality Act or health and safety law.
  • If a large employer publishes an action plan but fails to deliver the promised measures, that may increase exposure to claims or reputational risk.

Challenges & gaps

Even with the upcoming reforms, there remain unresolved challenges.

  • High Bar for Disability Claims

Proving that menopausal symptoms qualify as a “disability” (i.e. long-term, substantial adverse effect) is difficult. Many cases will not meet this threshold, especially where symptoms are intermittent or manageable.

Tribunal decisions have recognised mental health effects tied to menopause (e.g. anxiety, depression, stress) in some cases, but outcomes are fact-specific. 

Some Tribunal decisions have rejected the idea that menopause, in itself, is an “impairment,” while leaving open the possibility that related symptoms may count. 

  • Legal Uncertainty & Risk

Because menopause is not yet a clearly defined legal concept in discrimination law, cases may have high uncertainty, and outcomes can depend heavily on facts (severity, documentation, timing). This unpredictability may deter claimants or conservative employer approaches.

  • Lack of “Menopause Leave” or Free Accommodations

There is currently no statutory “menopause leave” in England & Wales. Any paid time off or adjustments related to menopause must be negotiated or accommodated under broader sick leave or flexible working arrangements. 

Employers are not yet legally obliged to offer specific benefits (e.g. rest breaks, cooling areas, fatigue leave) unless tied to a disability duty or incorporated into an action plan.

  • Stigma, Disclosure 

Many employees do not disclose menopause-related difficulties for fear of stigma, ageism, or being perceived as weak. This hinders early accommodations and weakens legal case preparation.

  • Timing Mismatch & Phased Implementation

As the mandatory action plan requirement is not expected before 2027 (for large employers), there is a temporal gap where many employers will operate under the “old” regime, potentially delaying consistent protections.

Smaller employers (with fewer than 250 employees) will not initially be subject to the mandatory duty, creating uneven protection.

Enforcement, compliance incentives, and culture

Even when policies are in place, enforcement and compliance within organisations is uneven. Legal regimes alone may not change culture; training, monitoring, and accountability will be essential.

Regulatory bodies (like EHRC) will need adequate powers and resources to monitor compliance, issue guidance, conduct audits, and sanction non-compliance.

Below are recommendations for key stakeholders in the context of legal preparedness and best practice.

For Employers & HR Teams

  1. Audit existing policies and practices
    • Review absence, flexible working, capability, grievance and health & safety policies through a menopause lens.
    • Identify gaps (e.g. no cooling facilities, rigid break regimes, lack of flexible working options).
  1. Begin voluntary action planning now
    • Large employers may adopt Menopause Action Plans voluntarily to build culture, demonstrate good faith, and reduce later compliance burdens.
    • Create metrics, baseline data (e.g. menopause-related absence, staff feedback), and proposed interventions (e.g. training, environmental adjustments, peer support).
  1. Train managers and line supervisors
    • Provide awareness training (symptoms, communication, adjustments).
    • Encourage empathetic conversations, early disclosure, and flexibility.
  1. Implement reasonable adjustments proactively
    • Where employees disclose symptomatic difficulties, assess possible adjustments (e.g. temperature control, rest breaks, flexible hours, hybrid working).
    • Document the process to show reasonableness and good faith.
  1. Integrate with equality and health & safety strategy
    • Align menopause accommodations with broader equality, diversity & inclusion (EDI) and occupational health strategies.
    • Include menopause considerations in risk assessments (e.g. heat stress, workload, shift patterns).
  1. Record, monitor, and review
    • Maintain anonymised records (with consent) of menopause-related issues (absences, adjustments made, complaints) to monitor trends and refine policy.
    • Use staff surveys or feedback to assess how well measures are working.
  1. Prepare for the impending statutory duty
    • Begin the infrastructure for data gathering, plan drafting, and compliance workflows so that when 2027 arrives, the transition is smoother.

Looking ahead

The legal protections for those experiencing menopause are currently indirect, reliant on broader discrimination, contract, and health & safety laws. While these offer some recourse, a key barrier is the lack of explicit recognition of menopause itself as a workplace legal issue.

The Employment Rights Bill marks a potentially transformative shift by naming menopause in employment law and requiring large employers to publish action plans. If implemented effectively, this could raise the baseline of support, improve accountability, and reduce legal uncertainty.

However, significant challenges remain: proving disability, securing cultural change, filling gaps for smaller employers, ensuring enforcement, and bridging the interim period until mandatory obligations take effect.

During Menopause Awareness Month, employers and employees can work together to increase awareness of symptom support and remove stigma in holding open and candid conversations.  

How RIAA Barker Gillette can help

Our Employment team advises businesses on all aspects of workplace compliance, from discrimination and policy drafting to training and dispute resolution.

If your organisation would like to review its policies or prepare for the Employment Rights Bill, please contact our Employment team to discuss how we can help.

About the author

Karen Cole is a Partner and Head of the Employment team at RIAA Barker Gillette. She has a range of expertise based on her employment law, dispute resolution, and litigation background. Karen provides employment law advice to businesses and individuals, whether contentious or not. She is a member of the Employment Lawyers Association (ELA) and the Association of Regulatory and Disciplinary Lawyers (ARDL).

DIY probate in England – understanding the risks

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Probate

When someone dies, their estate (property, money and possessions) usually needs to be administered through a legal process known as probate. In England and Wales, probate is the procedure by which the deceased’s will is proven in court and the executors are given authority to distribute the estate. If there is no will, a similar process applies through “letters of administration”.

Although many people instruct solicitors to deal with probate, individuals can apply directly through the courts. This is often referred to as “DIY probate”. While it may seem like a way to save costs, there are several risks that anyone considering this route should be aware of.

What is Probate?

Probate is the official confirmation that a will is valid and that the named executors can deal with the estate. Without a grant of probate (or letters of administration if there is no will), banks, building societies and other institutions will not usually release funds or transfer property.

The law governing probate primarily comes from the Non-Contentious Probate Rules 1987 and the Administration of Estates Act 1925. Applications are made to the HMCTS Probate Service (online in most cases, or by post where required). If the estate is worth over £5,000, the HMCTS application fee is £300; there’s no fee at £5,000 or less.

Why Some People Attempt DIY Probate

There are two main reasons people try to handle probate themselves:

  • Cost – those attempting DIY probate seek to avoid paying professional fees.
  • Simplicity – In straightforward estates, some executors believe they can manage the process without professional support.

However, even apparently simple estates can have hidden complications.

The Risks of DIY Probate

1. Misunderstanding Inheritance Tax

Executors are personally liable for ensuring inheritance tax (IHT) is calculated and paid correctly. Mistakes can result in penalties and interest being charged by HMRC. Complex rules apply, including allowances, reliefs, and exemptions. 

2. Misinterpreting the Will

Legal terminology in wills is not always straightforward. Executors may misunderstand the provisions, leading to incorrect distribution of assets or disputes among beneficiaries.

3. Failing to Identify All Assets and Debts

Executors must ensure that all assets are collected, and all debts are paid before distributing the estate. Overlooking debts or paying beneficiaries too early can make an executor personally liable.

4. Problems with Property

Where the estate includes property, there can be complications such as mortgages, jointly owned property, or an unclear title. These issues often require legal expertise to resolve.

5. Disputes Between Beneficiaries

DIY probate can increase the risk of disputes if beneficiaries feel the estate is being mishandled. Executors can be taken to court for breach of duty.

6. Executor’s Personal Liability

Executors carry significant personal responsibilities. Errors in tax, distribution or administration can result in financial liability, even if the mistakes were unintentional.

When DIY Probate May Be Less Risky

DIY probate might be manageable where:

  • The estate is small, and all cash balances are under each institution’s probate threshold (check with each bank/building society)
  • There is no property.
  • There are a few beneficiaries, all of whom agree on the process.
  • There are no tax liabilities or foreign assets.

Even in these cases, care should be taken to follow official guidance.

Balancing Cost and Risk

While solicitors’ fees can seem significant, they can save time, reduce stress and protect executors from costly mistakes. A solicitor can also deal with HMRC and the Probate Registry on your behalf and ensure that the estate is administered in accordance with the law.

Final Thoughts

Probate is a necessary legal process that should not be taken lightly. DIY probate is possible, but the risks can outweigh the savings if the estate is anything other than very simple. Executors should think carefully about whether they have the time, knowledge, and confidence to handle the process themselves.

If you are facing probate, it is always advisable to seek independent legal advice to ensure that the estate is dealt with correctly and to protect yourself from personal liability.

About the Author

James McMullan is a Partner and also heads up our Private Client team. James started his career as a family lawyer, but over the years, his practice has grown to encompass all aspects of private client law, including estate planning, Inheritance Tax, lasting powers of attorney, lifetime gifts, living wills, mental capacity issues, probate and contentious probate, trusts and, of course, wills.

James prides himself on spending sufficient time with clients at the outset of a matter to fully understand their position, needs, and objectives. He is committed to resolving disputes effectively, frequently using alternative dispute resolution (ADR). Given its costs and uncertainty, court litigation is a last resort.

What happens if there’s no will?

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Will

Someone passing away without a valid will is more common than you might expect. When this happens in England, the person is said to have died intestate, and it means the law steps in to decide what happens to their estate.

Rather than the deceased’s wishes determining who receives what, the rules of intestacy take effect. And while these rules aim to provide a fair structure, they often don’t reflect what the individual would have wanted, particularly for unmarried couples or blended families.

Who Administers the Estate?

When there’s no will, there’s no named executor. Instead, a relative, typically a spouse, child, or close family member, must apply to the Probate Registry for what’s called a Grant of Letters of Administration. This document gives them legal authority to manage the estate. They are then known as the administrator. The administrator fills a similar role to the executor when the deceased made a will.

The administrator’s job involves collecting and valuing all the assets, paying off any debts and taxes, and distributing the remaining estate in line with the intestacy rules. It’s a responsible role and can sometimes be complicated, especially if the estate includes property or multiple beneficiaries.

Applying for a Grant of Letters of Administration

The process of obtaining the grant is broadly similar to applying for probate when a will exists. The key steps are:

  1. Check if a grant is needed – Not all estates require probate. If the estate is small or held jointly (e.g. a joint bank account), a grant might not be necessary.
  2. Value the estate – The administrator must work out the value of the estate, including all assets and any debts owed.
  3. Report to HMRC – Even if no inheritance tax is due, the estate still needs to be reported to HMRC using the appropriate forms.
  4. Apply online or by post – The administrator applies to the Probate Registry, including the death certificate and estate valuation, along with a fee (currently £300 for estates over £5,000).
  5. Receive the grant – If everything is in order, the Probate Registry will issue the Grant of Letters of Administration.
  6. Deal with the estate – Once the grant is received, the administrator can collect the deceased’s assets, pay debts, and distribute what’s left according to the rules of intestacy.

This process can take several months, especially if the estate is complex or includes property, business interests, or overseas assets.

How Are Assets Distributed?

The rules of intestacy prioritise certain relatives in a set order. This is how it works:

  • Spouse or civil partner: If there are no children, the entire estate goes to them. If there are children, the spouse receives a statutory legacy (currently £322,000), all personal possessions, and half of the remaining estate. The other half goes to the children.
  • Children: If there’s no surviving spouse or civil partner, children inherit everything, divided equally.
  • Other relatives: If there are no children or spouse/civil partner, the estate is shared according to a hierarchy – parents, siblings, nieces/nephews, grandparents, aunts/uncles, and so on.
  • No close family? If no one fits the bill, the estate passes to the Crown through a process known as bona vacantia.

The UK government has provided a useful online tool to check who can apply for probate and inherit if someone dies without a will.

One crucial point: unmarried partners have no automatic right to inherit, even if they lived with the deceased for decades. This often comes as a nasty surprise and can lead to hardship or disputes.

Why Making a Will Matters

Intestacy can lead to outcomes no one anticipated. It might exclude people the deceased cared deeply for or create disputes between family members. Making a will is the best way to:

  • Decide who inherits your assets
  • Provide for your partner (especially if you’re not married or in a civil partnership)
  • Appoint guardians for your children
  • Make the probate process simpler and more efficient

It also brings peace of mind, knowing that your wishes will be respected and your loved ones will be protected.

About the Author

James McMullan is a Partner and also heads up our Private Client team. James started his career as a family lawyer, but over the years, his practice has grown to encompass all aspects of private client law, including estate planning, Inheritance Tax, lasting powers of attorney, lifetime gifts, living wills, mental capacity issues, probate and contentious probate, trusts and, of course, wills.

James prides himself on spending sufficient time with clients at the outset of a matter to fully understand their position, needs, and objectives. He is committed to resolving disputes effectively, frequently using alternative dispute resolution (ADR). Given its costs and uncertainty, court litigation is a last resort.

Upward-only rent reviews to be banned in new commercial leases

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commercial lease

The government has announced a significant reform to commercial property law in England and Wales. As part of the English Devolution and Community Empowerment Bill, upward-only rent review clauses will be banned in new commercial leases, marking a substantial shift in landlord–tenant dynamics.

What Are Upward-Only Rent Reviews?

These clauses, long standard in commercial leases, stipulate that rent can either increase or remain static at review, never decrease, even where market conditions warrant a reduction. While they offer financial certainty for landlords, tenants have often found themselves locked into above-market rents, particularly in areas experiencing economic decline.

The proposed legislation will prohibit the inclusion of upward-only clauses in new lease agreements. Going forward, landlords will be required to offer either fixed rents for the duration of the lease or incorporate review provisions that permit rents to fall as well as rise. Importantly, the ban will not affect existing leases.

Policy Objectives

The government’s stated aim is to create a fairer and more flexible commercial leasing environment. The reform is targeted at addressing high vacancy rates on high streets and supporting small businesses by enabling them to negotiate rents that better reflect current market conditions.

By removing restrictions that artificially maintain inflated rents, the government hopes to facilitate business continuity, attract new tenants, and reinvigorate commercial centres. The policy sits alongside broader regeneration measures, including high street rental auction powers introduced in 2024, which allow local authorities to let long-vacant properties through short-term lease auctions.

This reform represents a significant departure from long-established leasing practice and will have important implications for landlords, tenants, and advisors.

Landlords entering into new leases will need to review their standard lease templates and rent review mechanisms to ensure compliance. Careful consideration will also be required in structuring rent review clauses to balance flexibility with financial viability.

For tenants, particularly SMEs, the reform may offer a welcome opportunity to negotiate more sustainable rent terms and avoid being tied into unfavourable agreements as market conditions fluctuate.

Although the ban applies only to new leases, its broader impact on market expectations, valuations, and negotiations may be felt more widely over time. Investors and lenders may also reassess their risk profiles in light of potentially less predictable rental income.

Looking Ahead

The proposal was not included in Labour’s 2024 election manifesto but reflects long-standing policy debate around commercial rent flexibility. Its inclusion in the current bill signals a renewed focus on tenant protection and high street revitalisation.

We will continue to monitor the progress of the legislation and its potential implementation timeline. In the meantime, landlords and tenants should begin preparing for the likely shift in commercial lease structuring.

For advice on how these proposed changes could affect your lease negotiations or property portfolio, please contact our Commercial Real Estate team.

About the Author

Ruairidh McKillop is a Scottish-qualified commercial real estate solicitor at RIAA Barker Gillette (UK).

Based in the firm’s Central London office, he advises on acquisitions, sales, leasing, and development projects across a wide range of property types. Ruairidh has particular expertise in rural estates and renewable energy assets and works closely with Partner and Head of Commercial Real Estate, Brinda Granthrai.

Family court hearings: What are these and when do they apply?

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Family Court Hearing

When relationships break down, it’s not always possible to sort out between yourselves where the children will live. In situations like this, the family courts in England and Wales provide a structured way to resolve disputes, with the child’s welfare at the centre of all decisions. But what are family court hearings, what do they deal with, and when might you find yourself involved in one?

What Do Family Court Hearings Cover?

One of the most common reasons for attending family court is to determine where a child will live and how much time they will spend with each parent. 

However, not all family court matters involve parents. Sometimes other family members, such as grandparents, may apply to the court to spend time with their grandchildren.

A court hearing may also be necessary if the parents cannot agree on decisions relating to their child’s education or medical interventions.

When Do Family Court Hearings Apply?

Family court hearings are generally a last resort, used when there’s no other way to resolve issues. 

Many families are encouraged to use mediation first to avoid the stress and expense of court proceedings. However, a hearing may be necessary if discussions break down or fail altogether. 

If there are serious concerns about a child’s safety, for example, that they are at risk of harm, a court hearing can be urgently arranged to make protective decisions or to cease contact while further investigations are undertaken.

Key Terms You Might Encounter

Understanding some of the standard legal terms can help make the process feel less overwhelming:

• First Hearing Dispute Resolution Appointment (FHDRA): This is a preliminary hearing designed to explore whether an agreement is possible and identify what issues remain.

• Dispute resolution hearing (DRA): The purpose of this hearing is to identify what issues still need to be determined and what issues can be resolved, with the emphasis being on a resolution and avoiding the need to attend a final hearing. However, if this is not possible, the court will list a final hearing and set down a timetable for what each party needs to do and when, such as preparing a witness statement (these are called directions). 

• Final Hearing: This is the last stage of the court proceedings (if no agreement can be reached earlier). During this hearing, both sides present their evidence and arguments, and the judge will make a final binding decision.

  • Fact-Finding Hearing: In complex cases, particularly where there are serious allegations (such as domestic violence), a fact-finding hearing may be held to determine what happened before decisions are made about the child’s future. This hearing is solely focused on establishing key facts and would usually take place after the FHDRA.

 • Child Arrangements Order: A court order deciding who a child will live with, spend time with, or otherwise have contact with.

• Prohibited Steps Order: An order preventing a parent from carrying out specific actions concerning a child, such as taking the child abroad without the other parent’s permission.

• Cafcass: The Children and Family Court Advisory and Support Service – a key organisation that advises the court on what arrangements would be in the child’s best interests. Cafcass officers often meet with parents and children during the court process.

  • Section 7 report: This is a report ordered by the court and is prepared by Cafcass. The sole purpose of this report is to provide the court with an independent assessment of the children’s welfare, with a focus on the children’s wishes and feelings. The report will make recommendations to the court to help them decide what arrangements are in the children’s best interests. 

Guardian: Guardians are qualified social workers and are appointed by the court to represent the rights and interests of a child in the court proceedings. This may be necessary where there are complex and significant issues in dispute or where a child’s wishes and feelings cannot be adequately represented by their parent (such as parental alienation).

Final Thoughts

While family court hearings can feel daunting, they exist to ensure that the best and fairest decisions are made when it’s not possible to agree privately. The court aims to support families in difficult times, always keeping the child’s welfare at the heart of every decision.

Need Advice About a Family Court Hearing?

If you’re facing a family court hearing or need advice on your situation, having the right support is essential. Contact your solicitor today to find out how we can assist you.

About the Author

Pippa Marshall is a Partner and Head of Family Law at RIAA Barker Gillette.

She is a family law and divorce specialist with over 15 years of experience.

Pippa has exceptional client care skills and extensive knowledge and experience in divorce and financial remedy matters, children’s matters, emergency injunctions, and the dissolution of civil partnerships. Pippa can also help you with pre- and post-marital nuptial agreements.

Business structures in the UK: Choosing the right option for your new venture

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Business Structures

Starting your own business is an exciting challenge, but before you take your first steps, choosing the right business structure is essential. Your decision at the outset can influence everything from how you’re taxed to how much personal financial risk you take on.

There is no “one-size-fits-all” solution. It all depends on your individual circumstances, who you’re going into business with (if anyone), and what you want your future business to look like.

This article looks at the main types of business structures most commonly used by UK small business owners and professionals. While there are other, more specialist structures available, these four cover the vast majority of cases:

  • Sole Trader
  • Partnership
  • Limited Liability Partnership (LLP)
  • Limited Company

Each comes with pros and cons, and understanding these differences will help you make a more informed choice.

Sole Trader or Sole Proprietor: The simplest way to start

This is the simplest and most common way to run a business in the UK. As a sole trader, you own and operate the business as an individual. You get to keep all the profits (after tax) and make all the decisions.

That said, there is no legal separation between you and your business. You are personally responsible for all debts and liabilities. If your business can’t pay its creditors, your own personal assets—like your home and savings—could be at risk.

On the upside, running a sole trader business involves minimal paperwork and cost. You don’t have to register with Companies House and don’t need to publish accounts—what you earn is between you, your accountant, and HMRC.

You’ll need to register with HMRC and pay income tax and National Insurance on your profits through self-assessment.

Partnership: Sharing the responsibility (and the profits)

A partnership may be a suitable option if you’re going into business with someone else. It allows two or more people to run a business together and share the profits (and losses).

Partnerships are relatively straightforward to set up. However, all partners are jointly and severally liable for the business’s debts. This means each partner can be held personally responsible for all the debts, not just a share.

You don’t need to register the partnership at Companies House, but you should always have a written Partnership Agreement. This sets out how profits are shared, decisions are made, and what happens if a partner wants to leave, dies, or the partnership is dissolved. Without it, you’ll be relying on the default rules in the Partnership Act 1890—not ideal in today’s business world.

Not all partners need to be equally involved. Some may be “silent” investors who contribute capital but don’t participate in day-to-day management. Others may be “salaried partners” who don’t have a share in ownership but have a contractual arrangement to share profits.

As with sole traders, each partner is taxed individually on their share of the profits. There is no requirement to publish accounts.

Limited Liability Partnership (LLP): A flexible, protected model

An LLP is a hybrid model that offers the flexibility of a partnership with the added benefit of limited liability. It’s a popular choice for professional services firms, such as accountants, solicitors, and consultants.

In an LLP, the business is a separate legal entity. This means the partners—called ‘members’—are generally not personally liable for business debts. Their liability is limited to the amount they have invested or agreed to contribute to the LLP.

LLPs must be registered with Companies House and file annual accounts and confirmation statements. These are published online, so there’s less financial privacy than with a traditional partnership or sole trader.

An LLP is taxed like a partnership. Members are taxed individually on their share of the profits, and the LLP is not subject to corporation tax.

Members typically have the right to manage the business and share its profits. Like partnerships, LLPs benefit from having a detailed Members’ Agreement to set out how the business will be run and how disputes will be resolved.

A limited company is a separate legal entity, distinct from the individuals who own or manage it. This structure offers the strongest protection for personal assets, as liability is limited to the value of the shares held in the company.

There are two main roles within a limited company:

  • Shareholders own the company
  • Directors manage the day-to-day running of the business

The same people often fill both roles in small companies.

The company must have at least one director registered at Companies House. It is legally required to file annual accounts and a confirmation statement. The company pays corporation tax on its profits.

Directors who are also employees are taxed via PAYE on their salaries, while shareholders who receive dividends are taxed through self-assessment. This creates a form of “double taxation”—unlike sole traders or partnerships, where the business and its owners are treated as one for tax purposes.

Although this structure involves more admin and compliance, it can also bring credibility and make raising investment or applying for business finance easier.

FAQs: Your questions answered

Q: What is the most tax-efficient structure for a small business in the UK?
A: It depends. Sole traders and partnerships are simpler, with profits taxed as personal income. Limited companies may offer tax advantages at higher profit levels but come with more admin and a different tax structure.

Q: Can I switch from sole trader to limited company later?
A: Yes. Many UK businesses start as sole traders or partnerships and incorporate as limited companies when they grow or want liability protection.

Q: Do I need a written agreement if I start a partnership or LLP?
A: Yes, it’s strongly recommended. A Partnership Agreement or Members’ Agreement can prevent disputes by clearly outlining roles, profit shares, and exit terms.

Q: Will my business details be public if I form an LLP or limited company?
A: Yes. LLPs and limited companies must file accounts and confirmation statements with Companies House, which are publicly available online.

Q: Is there a legal difference between being a sole trader and self-employed?
A: No. “Sole trader” is a type of self-employment. If you’re running your own business and not incorporated, you’re classed as self-employed.

Q: What’s the main benefit of setting up a limited company?
A: The key advantage is limited liability. Your personal assets are generally protected if the company faces financial difficulties.

Q: Who decides which structure is best for my business?
A: You do—but ideally with input from legal and financial professionals. The right choice depends on your plans, risk tolerance, and operational needs.

Which structure is right for your business?

There’s no single “correct” choice—it depends on your plans, risk tolerance, and how you want to run your business. Many businesses start as sole traders or partnerships and later move to an LLP or limited company as they grow or take on more risk.

If you’re thinking of starting a business or changing the structure of your existing business, it’s worth getting professional legal and financial advice to help you make the right decision.

About the Author

Victoria Holland works with a broad range of clients, including large multinational companies, start-ups, SMEs, partnerships, investors, and entrepreneurs. She has extensive experience providing transactional and commercial contract advice across various industries, such as automotive, biotech, property management and investment, financing, software and technology.

Different minds demand a different mindset

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picture of a brain with the word neurodiversity to be used as a graphic on an article about neuroinclusion

Scroll through LinkedIn and you’ll see it: professionals proudly listing ADHD or autism alongside their other credentials or sharing posts about a recent diagnosis and what it’s helped them understand about themselves. Once a private matter, neurodivergence is now part of public and professional identity. This growing openness is a positive step in destigmatising difference with a broader societal recognition of the diversity of human cognition. It does, though, present new challenges in the workplace.

Neurodiversity refers to the natural variation in how people think, process information and interact with the world. 

As acceptance and awareness have risen, so too have the number of diagnoses. It means employers are navigating a new landscape, one where legal protection, performance concerns, and cultural expectations all intersect.

Once associated primarily with childhood diagnoses, conditions like ADHD and autism are now being identified in adults at unprecedented rates. According to a study by UCL researchers, the incidence in the UK of ADHD in adults under 30 has seen a 20-fold rise over the past two decades.  

The first-ever NHS analysis of people with ADHD (released 29 May 2025) has confirmed the increase. Using GP records, the data shows that around 820,000 people now have a formal diagnosis of ADHD—0.8 per cent of all adults and 2.3 per cent of children. These figures are striking, especially given that the NHS acknowledges the condition remains underdiagnosed in many cases: more than half a million people are currently on NHS waiting lists for an assessment, and an estimated 2.5 million people in the UK are likely to have ADHD.

Autism diagnoses among adults have also soared. Recent data from the Nuffield Trust shows that more than 170,000 people with suspected autism were waiting to see a specialist in England in December 2023, the highest ever recorded and five times the level in 2019.

Experts attribute this trend to heightened public awareness, greater openness to discuss mental health, and the influence of social media platforms, where users share personal experiences and symptoms.

Other conditions becoming more commonly diagnosed, through greater understanding and testing availability, include dyslexia, which is estimated to affect ten per cent of the population, dyscalculia and dyspraxia.

It is this wave of both self-identification and formal diagnosis that is creating complexities in the workplace. Employers are navigating the challenges of accommodating an increasing number of neurodivergent employees, often without clear guidelines or prior experience in this area.

From a legal standpoint, it’s crucial to follow a fair process with any underperforming employee, particularly as many will have protection from unfair dismissal. For neurodivergent employees, additional safeguards may be applicable under the Equality Act 2010.

Under the Equality Act, employers are legally obliged to make “reasonable adjustments” for employees with disabilities. This duty arises when an employer knows, or could reasonably be expected to know, that an employee has a disability. Failure to comply can lead to claims of discrimination.

While many neurodivergent individuals may not identify as ‘disabled’, the legal definition of disability is broad. It may include conditions that have a substantial and long-term impact on day-to-day life. Importantly, there is no requirement for a formal medical diagnosis for these protections to apply: the key factor is the impact neurodiversity has on the individual in the workplace.

Recent employment tribunal cases centred on neurodiversity highlight the importance of this legal duty and provide an insight into the type of adjustment that employers may need to consider:

  • Robert Watson v. Roke Manor Research Ltd (2025): Watson, a software engineer diagnosed with ADHD, faced repeated non-verbal expressions of frustration from his manager, such as sighing and exaggerated exhales. The tribunal found that these non-verbal actions constituted acts of harassment and part of an ongoing pattern of behaviour by Watson’s managers. Failing to recognise the impact of ADHD upon him and their failure to offer him appropriate support, the tribunal ruled this behaviour constituted disability discrimination, demonstrating that even indirect behaviours can have a significant impact on neurodivergent employees.
  • Ciaran Saunders v. Peloton Interactive UK Ltd (2025): Saunders, an autistic employee at Peloton’s London studio, experienced sensory overload due to the loud music and strong fragrances in the workplace. Despite requesting adjustments, such as a quieter work environment and scheduled breaks, Peloton did not implement changes, leading the tribunal to rule that the company had not fulfilled its duty to make reasonable adjustments.
  • James v The Venture (Wrexham) Ltd (2025): James, diagnosed with autism, was employed as a project worker at Wrexham’s children’s centre. James’ role focused on inclusion, play, work, and similar youth work provision. He complained to his boss that he could not work properly because of the music played during the sessions, which affected his ability to concentrate.   His boss, in turn, called him a ‘weirdo’, which the tribunal concluded violated James’ dignity and amounted to harassment related to disability. 
  • Wright v Cardinal Newman Catholic School (2021): involved a long-serving head of mathematics who was diagnosed with autism and atrial fibrillation, after raising multiple grievances and being offered a demoted position, which he accepted under protest. The school eventually dismissed him on the grounds of an “irretrievable breakdown” in the working relationship. The tribunal found that his persistent complaints were a manifestation of his autism and that the school had failed to make reasonable adjustments. He was awarded £850,000 for unfair dismissal, victimisation, and discrimination arising from disability. 
  • Kaler v Insights ESC Limited (2024): an employer dismissed a teacher who had previously described herself as autistic after she sent a series of aggressive and threatening emails to colleagues during a pay dispute. Although she had referred to herself as an “aspie,” the school did not formally recognise her as disabled, and the tribunal criticised the employer for failing to consider and respond appropriately to her potential disability. However, the Employment Appeal Tribunal ultimately upheld the dismissal and concluded that while her conduct may have been linked to her neurodivergence, the seriousness of her behaviour justified termination.

Taken together, these cases highlight the complexity of navigating neurodivergence in the workplace, even when well-structured employment procedures are in place, if such conditions are not adequately understood or factored into decision-making at all levels.   

The cases also underscore the growing emphasis of courts and tribunals on an employer’s duty to anticipate and respond appropriately to the individual effects of neurodivergence in the workplace.

We all need to think differently and keep an open mind when reviewing individual performance. What may at first seem like challenging behaviour could reflect a different type of information processing, and to understand that, we need a different mindset. By proactively addressing the needs of neurodivergent employees, employers will not only comply with legal requirements but also foster an inclusive workplace.  

Practical steps for employers

Create an open and inclusive culture

  • Encourage open communication: Foster a workplace where employees feel safe discussing challenges and asking for support without fear of stigma.
  • Promote inclusivity: Create a culture where neurodiversity is understood, respected, and valued, and where diverse ways of thinking and working are acknowledged.
  • Train managers and staff: Provide regular training on neurodiversity awareness, inclusive behaviours, and legal responsibilities under the Equality Act.

Provide personalised support and communication

  • Maintain clear and consistent communication: Use unambiguous language and provide written follow-ups or visual aids where possible.
  • Encourage collaborative problem-solving: Involve the employee in identifying what support would be most helpful to them.
  • Obtain expert input: Where appropriate, consider requesting an occupational health report to identify tailored adjustments and support strategies.

Make practical adjustments to the work environment

  • Adapt the physical workspace:
  • Use partitions or quiet zones to reduce distractions.
  • Provide adjustable lighting or desk lamps to accommodate individual sensory sensitivities.
  • Offer noise-cancelling headphones or other aids to manage noise levels.
  • Support flexible working
  • Allow home working or varied start and finish times where roles permit.
  • Offer autonomy over how and when an employee completes tasks, if outcomes remain consistent.

Provide assistive tools and technology

  • Offer supportive equipment such as:
  • Speech-to-text or text-to-speech software.
  • Mind-mapping tools or daily planners.
  • Dictation software or dual monitors for improved focus and processing.

See ACAS Adjustments for neurodiversity and the Equality and Human Rights Commission’s resources on workplace adjustments, or for expert support in accommodating neurodivergent employees in your organisation, contact Karen Cole, Head of Employment at West End law firm RIAA Barker Gillette (UK).

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