Divorce And Making Your Will

/in /by

What happens to your Will if you get divorced or end your civil partnership?

When you divorce or end your civil partnership your former spouse/civil partner is treated as having died before you. Your former spouse/civil partner will not inherit anything from your estate unless your Will specifically stated that divorce or dissolution of a civil partnership would not affect the gift that was detailed in the Will.

In addition, if you had named your former spouse or civil partner as an executor in your Will (ie the person who collects in all your assets, pays off your debts and distributes your estate) they will not be able to act as your executor once you are divorced or after you have ended your civil partnership. If you had appointed your ex as your sole Executor, without any provision for a replacement, this would have to be rectified upon your death, which could cause delays and unnecessary costs.

Making a new Will

Unless there is good reason to the contrary the best time to make a new will is after decree absolute and after all outstanding financial issues have been settled. That is so that any future claim of an ex spouse can be properly quantified

It is especially important to make a will to ensure that your children are properly provided for.

Divorce also affects guardian appointments in a will. If the couple getting divorced have children together, and not from previous marriages, then the remaining parent shall continue to have responsibility for those children as that parent also has parental responsibility for those children. If there were children from a previous partner, and the wife, for example, had appointed the now former spouse as guardian in her will, this appointment would fail. The former spouse was not the biological parent of the child and therefore does not have parental responsibility for the child. He (or she) cannot be automatically empowered to continue to parent the child; he has to be chosen by the mother in her will. When this couple divorce, this appointment fails. If no other person is appointed, it shall be for Social Services to assess who is the appropriate adult to parent the child.

Next steps

For further information about making a Will, please contact a member of our Private Client department for expert and professional advice.

Hayley Ford – Partner/Solicitor – Private Client Department.

Redundancy and Furlough Leave

/in /by

The Coronavirus Job Retention Scheme (CJRS) has been extended by the Government until 30th September 2021. However, from 1st July 2021 the level of the grant will be reduced and employers will need to contribute towards the cost of employees on furlough leave. Any employee/worker on furlough leave must receive as a minimum 80% of their pay, up to a maximum of £2,500 per month. In July employers will need to pay 10% and then 20% in August and September.

The CJRS is designed to help prevent staff from losing their job if they are unable to work as a result of the Covid-19 pandemic in circumstances where they would otherwise have been made redundant. There is, however no right to demand furlough leave from an employer, and no obligation upon an employee to agree to furlough leave if proposed by an employer. Guidance has already made it clear that furlough leave ,and therefore the CJRS, can be used for employees shielding, unable to work due to child care or other caring commitments. Presently, the scheme is most likely to be used by those in the hospitality, beauty and retail sectors but as the Government’s Roadmap moves forward this should reduce those unable to work due to pandemic related restrictions.

Does furlough leave have to be at full pay?

No, but for furlough leave to be lawful, and not in breach of contract, the staff member must give express consent, including to a reduction in their pay. An employer can choose to top up the pay to the full amount if they wish, but is only a legal requirement of CJRS that the employee receives a minimum of 80% pay (subject to the cap).

Does furlough leave have to be full time?

Since July last year furlough can be used flexibly so staff can work some of their contracted hours, or be on a rota system whereby they take it in turns with colleagues to be on furlough leave, or be working.
Can redundancies be made whilst staff are on furlough leave?
An employee can be made redundant whilst on furlough.

What is the position with regard to notice?

Full notice must be given and at full pay.

Is the rate of pay for redundancy affected for those on furlough leave?

Statutory redundancy payments for those that are eligible must be calculated by reference to a normal week’s full gross pay, not furlough pay rates.

If you are considering making redundancies then we can give you the legal advice and guidance to enable you to adhere to the statutory requirements and procedures; or to help explore alternatives with you. Please call us on 01799 523441