5 Christmas Laws You Might Not Know About

Christmas is a time of cheer, but did you know there are some quirky laws and regulations tied to the festive season? While many of these are rooted in history or local customs, they’re fascinating reminders of the UK’s legal traditions. Here are five Christmas laws:

It’s illegal to eat mince pies on Christmas day (sort of). This myth dates back to Oliver Cromwell’s Puritan rule in the 17th century, when he banned Christmas celebrations, including feasting on mince pies. The ban didn’t last long, so your mince pie indulgence is perfectly legal!

Throwing snowballs might seem like innocent fun, but under laws against anti-social behaviour or criminal damage, you could face serious consequences if your snowball causes serious injury or damages property. Always think twice before engaging in a snowball fight near windows or vehicles.

It’s illegal to sell Christmas crackers to anyone under the age of 12. This is because they contain small amounts of explosive material, making them a regulated item under the Explosives Act 1875.

If you’re planning to go Christmas carolling, be aware that doing so without permission could technically breach local by-laws or trespassing rules. It’s always polite (and legal) to check before belting out “Silent Night” on private property. You are also required to have a certificate if you want to hold a street collection along with your carolling.

Christmas parties often include festive drinks, but public intoxication (AKA drunk and disorderly) is an offense. Be mindful of your alcohol intake to avoid an unwanted encounter with the law this holiday season.

While these laws may seem odd or outdated, they remind us to celebrate responsibly and respectfully. If you have any legal questions, our team is here to help. Contact us today on 01753 486 777.

Wishing you a joyful (and law-abiding) Christmas from all of us!

The Festive Season and Adoption in the UK: Celebrating with New Families

The Christmas season is a time of togetherness, love, and creating cherished memories with family. This time of year holds special significance as we celebrate not just traditional family structures but the diverse, beautiful ways in which families are formed – especially through adoption.

In the UK, adoption transforms lives, providing children with the security, love, and stability they deserve, and giving individuals or couples the opportunity to experience the joy of parenthood. At this time of year, the importance of family resonates deeply, making it the perfect moment to recognise and celebrate the life-changing impact of adoption.

The journey to adoption is thorough and involves multiple steps, including assessments, matching, and a legal order granted by the court. it’s a careful process that ensures every child is placed in a loving, stable environment. It’s important to recognise the diverse range of individuals and families who adopt in the UK. Whether you’re single, a same-sex couple, part of the LGBTQ+ community, or already have biological children, the law acknowledges and values your ability to provide a nurturing home.

For adopted children, the festive season can be a moving time, marking the beginning of new traditions, a first Christmas with their forever family, or a celebration of belonging. For adoptive parents, it’s a time to reaffirm their commitment and love, creating a foundation of joy and security. Many families use this time to honour the unique journey that brough them together. Whether it’s through storytelling, decorating a Christmas tree, or drinking hot chocolate by a fire, it’s an opportunity to create traditions that will be treasured for years to come.

Adoption is a journey that requires long-term love, care, and support. In the UK, adoptive families have access to resources, such as:

  • Adoption support services, e.g., counselling, parenting workshops, and financial assistance where necessary.
  • Charities, e.g., Adoption UK (offers peer support, advice, and advocacy)
  • Festive activities that many organisations host during the Christmas period.

If you’re considering adoption, this time of year is an ideal moment to start exploring. For any advice or support, don’t hesitate to contact Aston Bond’s Family Solicitor, Lynette A’Court at lacourt@astonbond.co.uk, or call our office on 01753 486 777.

Santa’s Perfect Property

As the holiday season approaches, even Santa Claus himself needs a break from the hustle and bustle of preparing for Christmas. This year, Santa decided to find the perfect property in the UK – but how does someone like Santa navigate the complex world of residential conveyancing?

The Search for the Ideal Home:

Santa knew his new property had to be unique – roomy enough for reindeer, with a chimney wide enough for quick getaways. After consulting with local estate agents, he found a charming countryside home with ample space for his sleigh and plenty of character.

The Role of Conveyancing:

Residential conveyancing involves the legal process of transferring property ownership from one person to another. Santa worked closely with Aston Bond’s Conveyancing team who helped him through the key steps:

  • Making an Offer – Once Santa’s offer on the property was accepted, his solicitor began the legal checks.
  • Searches and Surveys – With magical sleigh parking in mind, Santa’s solicitor carried out searches to ensure no hidden surprises, such as restrictions or planning issues.
  • Contracts and Exchanges – After all checks were complete, Santa signed the contract and exchanged it with the seller, securing his purchase.
  • Completion – On completion day, Santa’s sleighbells rang as he received the keys to his new home.

Santa’s new home is now ready for the holidays, complete with reindeer stables and plenty of space for wrapping gifts.

Whether you’re looking for a winter wonderland or something a little less magical, Aston Bond is ready to help you buy the perfect home in a stress-free process. Call our team today on 01753 486 777!

Merry Christmas, and happy house hunting!

Employer’s Guide to Christmas Party Liabilities

A work Christmas party is a great way to celebrate the year and boost team morale, but it also comes with potential legal liabilities. Employers should take steps to minimise risks while ensuring everyone enjoys the festivities. Here’s a quick guide to liabilities and what to do:

1. Clarify Expectations:

While the party may be off-site or after hours, it’s still considered an extension of the workplace. Remind employees of your company policies on behaviour, discrimination, and harassment to set clear boundaries and expectations.

2.Alcohol Management:

Excessive drinking can lead to inappropriate behaviour. Provide non-alcoholic options and encourage moderation. Assign managers or HR staff to monitor and intervene when necessary.

3.Prevent Discrimination:

Ensure the event is inclusive by accommodating dietary restrictions, cultural sensitivities, and accessibility needs. Avoid activities or themes that could alienate or offend any staff member.

4.Travel and Safety:

Consider arranging travel accommodations to ensure everyone gets home safely. This reduces risks associated with drink-driving or unsafe journeys.

5.Post-Party Complaints:

Be prepared to handle any complaints quickly and fairly. Investigate incidents in line with your grievance procedures to maintain trust and professionalism.

By taking these proactive steps, you can create a fun and safe environment, while protecting your business from legal stress. A well-planned celebration is the best gift for your employees.

Top Five Inheritance Tax Mistakes and How to Avoid Them

Inheritance Tax is a tax on the estate of someone who has passed away. Many people fail to address Inheritance Tax in time, which can lead to costly mistakes for their heirs. Aston Bond has outlined the top five mistakes made when dealing with Inheritance Tax and how you can avoid them.

1.Not Making a Will:

Failing to make a Will is one of the most common Inheritance Tax mistakes. If you die without a Will (intestate), your estate will be distributed according to UK Intestacy Laws, which may not align with your wishes. This can lead to higher Inheritance Tax liabilities and disputes among family members.

To avoid this, ensure that you draft a legally binding Will with the help of a solicitor, regularly review and update it accordingly. A clear Will not only reduces potential tax exposure but also ensures that your estate goes to your intended beneficiaries.

2.Ignoring the Nil-Rate Band and Residence Nil-Rate Band:

The Nil-Rate Band (NRB) is the threshold up to which an individual’s estate can be passed on without incurring Inheritance Tax. It is currently set at £325,000, and any value above this is typically taxed at 40%, though additional allowances may apply, such as the Residence Nil-Rate Band (RNRB). The RNRB is an additional Inheritance Tax allowance for individuals who leave their primary residence to direct descendants, such as children or grandchildren. It is currently set at up to £175,000, on top of the standard NRB. Many people fail to utilise the NRB and RNRB allowances efficiently resulting in an increased Inheritance Tax liability.

Make sure you understand these thresholds and structure your estate to maximise their benefits. For instance, if your estate is over the £2 million threshold, you may lose the RNRB, but strategically gifting or trust planning can help reduce the value of your estate. Professional advice is essential here as the process can be difficult to navigate.

3.Not Making Lifetime Gifts:

Some individuals delay giving away assets during their lifetime due to concerns about needing them later, or they misunderstand the “seven-year rule”. By holding onto assets until death, they inadvertently increase their estate’s Inheritance Tax liability.

You can avoid this by making use of Inheritance exemptions, such as:

  • The annual gift allowance of £3,000 per year.
  • Unlimited gifts of up to £250 to multiple individuals.
  • Wedding gifts (e.g., £5,000 for a child).
  • Regular gifts out of surplus income, provided they don’t affect your standard of living.

Larger gifts fall under the “seven-year rule”. If you survive seven years after making the gift, it’s exempt from Inheritance Tax. Plan these gifts early to minimise your taxable estate.

4.Failing to Use Trusts Effectively:

Many people overlook Trusts as a tool for Inheritance Tax planning. This can be because they seem complicated, or because they don’t seek the proper advice. However, assets placed in Trusts can potentially be removed from your estate for Inheritance Tax purposes.

You can explore options like Discretionary Trusts, which allows you to place assets in a Trust while retaining flexibility over who benefits. Trusts can also protect assets from being taxed multiple times or falling into the wrong hands (e.g., in the case of divorce or bankruptcy). A Private Client solicitor can help you chose the right Trust for your needs.

5.Not Seeking Professional Investment Advice:

When planning for IHT, many people overlook the benefits of tax-efficient investments, such as Business Relief (BR) qualifying options. These investments can greatly reduce the taxable value of your estate. However, navigating the wide range of available investment options can be complex, and without expert guidance, you may make costly mistakes or miss valuable opportunities.

You can consult an Independent Financial Advisor (IFA) who specialises in financial planning and can help you identify suitable investment opportunities that align with your estate planning goals and risk tolerance. An IFA will explain the potential returns, risks, and tax implications of different options to ensure you make informed decisions.

While we cannot provide direct financial advice, we work closely with a network of trusted IFAs, who can help you explore your investment options and guide you toward strategies that can minimise IHT liability while aligning with your overall financial objectives.

Aston Bond can put you in touch with an experienced IFA. Taking the time to seek professional advice can make a significant difference in the financial legacy you leave behind.Bottom of Form

Don’t hesitate to contact our Private Client team on 01753 486 777.

Conveyancing Glossary

The Conveyancing process can feel overwhelming, especially if you’re unfamiliar with the technical terms involved. To make things easier, Aston Bond has created a Conveyancing Glossary, proving straightforward and clear definitions of key terms to guide you through your property transaction with confidence.

AP1 Application form for Land Registry. The AP1 form is used to register changes to a property’s title, such as: Change of name, Transfer of ownership, change of address, Adding / removing a joint owner, Adding / removing a mortgage or legal change.

BSOL – This is used to refer to the Buyer’s Solicitor

COTCertificate of Title. A document sent to the Lender that formally requests the drawdown of the mortgage monies. It also confirms various pieces of information to the lender that are crucial to the individual matter.

CL – This is used to refer to the Client.

CONTR1Contract and Transfer. A contract is the agreement between the buyer and seller, while a transfer is the legal document that transfers ownership of the property at Land Registry.

CVConveyance. The legal process of transferring ownership of a property from one person to another.

DCDeath Certificate. A legal document that’s required as evidentiary support to the effect that a seller has died.

DOGDeed of Gift. A process by which the buyers’ solicitor provides various information to the Giftors of a Gifted Deposit. The Giftors then must take independent Legal Advice from another Firm of Solicitors.

Stat Dec – Referring to a Statutory Declaration. This is made by an individual and confirms, while being sworn in front of a solicitor, that the contents of the document are true. It is like being sworn in a Court of Law.

DOT Deed of Trust. A legal document that outlines the financial arrangements for a property owned by two or more people. It is used when the property is held as “Tenants in Common”.

DOVDeed of Variation. Varies the terms of another document, usually a Lease.

EA – This is used to refer to the Estate Agent. 

F&C (TA10)Fittings & Contents Form. A document that lists the items included in the property sale and what is being taken with the sellers.

FHFreehold. This is when you own the property and the land it’s built on, with no fixed time limit on your ownership. You have complete control over the property and are responsible for its maintenance.

GOPGrant of Probate. A legal document that gives the executors of a Will the authority to sell and transfer the property, and other assets, of a deceased person.

LL Landlord. A person who owns the property that’s being rented out.

L/E – Lease Extension. The process of extending the length of a lease on a property.

LH Leasehold. Referring to a property owned by Lease rather than outright.

MOSMemorandum of Sale. A document that records the details of a property sale and the agreed-upon terms between the buyer and seller.

MOAMoney on Account. A payment made up front to cover some initial costs of the conveyancing process.

M/OMortgage Offer. A document from a lender that confirms details of a formal agreement to lend a mortgage sum to the prospective buyers of a property.

OMOn the Market. Referring to an instruction by a seller where the property is on the market, but a buyer has not yet been found.

OSSOL – This is used to refer to the Other Side’s Solicitor.

PIF (TA6)Property Information Form. A document that sellers complete to provide buyers with important information about a property during the conveyancing process.

P/OPurchase Of. Referring to a “Purchase” matter.

REDRedemption. This is when you pay off your mortgage in full before the end of its term.

S/OSale Of. Referring to a “Sale matter.

SSOL – This is used to refer to the Seller’s Solicitor.

SRASolicitor’s Regulation Authority. This is a regulatory body that oversees solicitors and firms.

TEETransferee. This refers to the person who receives a property.

TORTransferor. This refers to the person who transfers the title or interest in a property to another party.

T/ETransfer of Equity. A legal process that changes the ownership of a property by adding or removing someone from title deeds.

TR1 – This is the Transfer Deed for Land Registry. It incudes crucial pieces of information that affect how the property is transferred and subsequently held, and for what consideration.

 Please don’t hesitate to contact our experienced Conveyancing team on 07153 486 777.

Keeping the Peace this Holiday Season: A Co-Parenting Survival Guide

The festive season can be a magical time for families, but for co-parents, it can also bring unique challenges. Balancing the holiday spirit with child arrangements requires careful planning and a commitment to putting the children first. At Aston Bond, we understand how important it is to create a magical Christmas experience for the whole family. Here’s our survival guide to help co-parents navigate the festive season.

1.Plan Ahead

Communication is key. It’s important to agree on a schedule well in advance with your co-parent to avoid last minute disagreements and stress. You could decide to alternate Christmas day each year or split the holiday season, but ensure your plan is clear and works for the both of you.

2.Focus on the Children

Christmas is about making happy memories for your children, keeping them at the centre of all decisions. Avoid arguing in front of them and ensure they feel secure and at peace, regardless of where they spend the day.

3.Be Flexible

Flexibility and understanding that plans may need to change can prevent small hiccups from escalating into larger issues. Consider celebrating Christmas day on a different date if needed – children will cherish the time spent with you, no matter the calendar.

4.Communicate Clearly

Use respectful and clear communication when discussing arrangements with your co-parent. Using shared calendars or parenting apps can help you both stay organised and reduce the risk of misunderstandings.

5.Seek Legal Guidance if Necessary

If you have a disagreement that can’t be resolved alone, don’t hesitate to seek professional advice. Our family solicitor is here to help you navigate disputes and find solutions that work for your family.

Co-parenting during Christmas can be a challenge, but with good planning, clear communication and a focus on your children’s happiness, it can be a time of joy and togetherness. If you need support with any family issues this holiday season, Aston Bond’s family solicitor, Lynette A’Court, is just a call away. Contact her today at lacourt@astonbond.co.uk, or call our office on 01753 486 777. Let’s make this Christmas a season of peace for your family.

Hybrid and Remote Working in the UK: Legal Considerations

Hybrid and remote working have become fundamental to the modern workplace, with many employees now splitting their time between home and the office. However, these newer working arrangements bring specific legal considerations that both employers and employees must understand to ensure compliance with UK Employment Law:

1.Employment Contracts

Employers should review and update contracts to reflect working arrangements, whether it’s hybrid or remote and minimum expectations required. The updates may include specifying work locations, hours of work, and any new expectations or responsibilities.

2.Health and Safety

Under the Health and Safety at Work Act 1974, employers are responsible for ensuring the safety of employees, even when they work remotely. This includes conducting risk assessments for home workspaces and providing guidance on ergonomics, home-set up, security and even schooling employees on taking appropriate breaks and separating work and home life.

3.Expenses and Equipment

Employers must consider who bears the cost of remote working equipment and utilities. While there’s no blanket obligation to cover these costs, clear policies should be established to avoid disputes later on down the line.

Employees should declare on their home insurance that they work from home but the employer’s equipment is likely to still be covered by the company (insurance policies should always be checked accordingly).

4.Data Protection and Confidentiality

Remote work increases the risk of data breaches. Employers must ensure compliance with the UK GDPR by implementing secure IT systems and training employees on data protection protocols.

5.Right to Request Flexible Working

All employees have the statutory right to request flexible working, which can include hybrid or remote working. Employers must consider these requests fairly and provide a valid business reason if declining.  Care must be taken not to discriminate when making decisions and legal advice is best sought to ensure the process is carried out correctly.

6.Discrimination Risks

Employers must ensure that hybrid or remote working policies do not indirectly discriminate against certain groups, such as those with disabilities or caregiving responsibilities. Adjustments may be required under the Equality Act 2010.

Employers can enjoy the many benefits of hybrid working, such as increased employee satisfaction and productivity, employee retention and the ability to recruit from a further afield and even by saving costs on office space.  However, proper procedures must be implemented to ensure problems are avoided later on down the line.

 Clear communication, policies and regular reviews of working arrangements are essential to avoiding legal challenges.

By addressing these legal considerations proactively, businesses can foster a compliant and supportive work environment, benefiting both employees and employers.

For any assistance or advice, please feel free to contact our Employment Solicitor Ilinca Mardarescu on imardarescu@astonbond.co.uk, or call our office on 01753 486 777.

Common Mistakes to Avoid During Property Purchases

Buying a home is a major milestone, but the process can be challenging – especially if it’s your first time. Here are some common mistakes to avoid when buying a property to help you have a smoother and more informed experience:

Skipping the Mortgage Pre-Approval –

Getting a mortgage Agreement in Principle (AIP) before you start looking for your house is very important. A mortgage AIP is a written estimate from a lender of how much you may be able to borrow for a mortgage or remortgage. This allows you to have a clear understanding of your budget and helps improve your credibility with sellers as many estate agents may not show you a property without an AIP.

Understanding Additional Costs –

There are extra costs like Stamp Duty Land Tax, legal fees, survey, etc, that are on top of the deposit required. These additional costs can add up and are required in cash aside from the mortgage, so it’s best to budget for these from the start to avoid any last-minute financial stress. There are also ongoing costs to consider, such as, utilities and maintenance, council tax, repairs, and other costs in buying a property all of which you will have to start paying and account for.

Neglecting a Property Survey –

Skipping a property survey is risky as a surveyor can help identify issues with the property, such as structural damage, roof problems, etc. and provide detailed information about a property that you might not be able to notice yourself. Without a survey, you also can’t be sure of a property’s accurate valuation, and if you need to renegotiate a price, it could be harder. So, paying for a survey now could save thousands in repairs down the line.

Failing to Check Lease Terms –

If you’re buying a leasehold property, make sure you fully understand the lease terms. Factors like the length of the lease, ground rent, and service charges can have significant implications on both your finances and future resale value. Leases shorter than 80 years can be harder to mortgage and more expensive to extend.  

Ignoring Local Market Trends –

Research the local housing market to avoid overpaying. Look at recent sale prices of similar properties in the area and consider working with a local agent who can provide insights on the best time to buy or negotiate.

Not Planning for the Long Term –

Plan for your long-term needs, such as local schools, neighbourhood, commuting requirements, etc. Buying with these factors in mind ensures your home remains suitable for over the years, reducing the likelihood of needing to move sooner than planned.

Rushing the Legal Process –

Property purchases can often feel slow, but rushing can lead to oversights. Solicitors need to ensure that the essential checks are conducted, and everything is in order to make your purchase as stress-free as possible.

Avoiding these common mistakes can save you stress and unexpected expenses in the long run. It’s best to make informed decisions, take your time, and rely on professionals when needed!

For guidance on Residential Conveyancing matters, please don’t hesitate to contact Aston Bond on 01753 486 777 to speak to our expert Conveyancing Team!

Five Red Flags to Watch Out for in your Employment Contract

An employment contract is a legal agreement from an employer to an employee to set the terms and conditions of employment. It outlines your rights, responsibilities, and expectations, but not all contracts are created equal. They could have terms that put you at a disadvantage. We at Aston Bond have outlined five red flags to look out for in your employment contract to help you protect yourself.

1.Unclear or Vague Job Descriptions

A vague job description might seem like flexibility in your job role, but it could be risky. Employers could use broad language to assign you duties that significantly exceed your skill set, work hours, or even job expectations.

Before signing your contract, make sure you look for any missing details about your role, reporting lines, or KPIs. Also look out for phrases like “and other duties as assigned”, as this has no clear boundaries. It’s important to ensure everything is clear, as a lack of detail could make it harder to dispute unreasonable workloads or responsibilities later.

If you find that your contract is vague, don’t hesitate to ask for clarification or have specific tasks or boundaries added to the contract.

2.Restricitve Non-Compete Clauses

Non-compete clauses are created to prevent you from working for competitors or starting similar businesses after leaving your job. Clauses such as these are more common in certain types of jobs and industries and whilst they can be enforceable, they must not go further than is necessary to protect the business. 

These clauses can limit your career progression so it is important to ensure they are fair.

Things like broad geographical or sector restrictions, and prohibitions that effectively bar you from using your skills in your industry are big red flags to look out for.

You can try negotiating with your employer to reduce the extent of the clause. Alternatively, you could consult an experience employment solicitor to assess its validity and advise whether they would be enforceable or not.

3.Ambiguous Salary or Benefit Terms

Your contract should clearly explain your compensation, including base salary, bonuses, commission structure, and benefits. Unclear or missing details could leave you underpaid or unable to claim what you’re entitled to.

Look out for clauses that leave bonuses or commissions at the employer’s “discretion”, no mention of salary review timelines, or vague references to benefits without any specifics on entitlements. Ambiguity about pay and benefits could result in disputes later on down the line. 

If you find your contract is ambiguous about your salary and benefits terms, request clear figures or detailed explanations before proceeding.

4.Excessive Probation Periods

A probation period is a set amount of time at the beginning of an employment contract when an employer can assess a new employee’s suitability for the role. They should have reasonable time limits, usually 3-6 months, and clear terms. Employers sometimes extend these periods unnecessarily, which can delay your access to full benefits or job security.

If your contract states that your probation period is longer than six months without a good reason or includes terms that allow the employer to keep extending probation at their discretion, it is a red flag. These terms could leave you in a prolonged state of job insecurity and delay your benefits, such as sick pay.

Try to negotiate a shorter probation period or clearer criteria for passing it.

5.Overly Broad Termination Clauses

Termination clauses define how and when your employment can end. Overly broad or one-sided clauses may leave you vulnerable to sudden dismissal or harsh conditions.

Look out for notice periods that heavily fall in the employer’s favour (e.g., three months’ notice period required from you, but they can terminate you with one month). 

Ensure you seek a balanced notice period and clarity on whether you will be required to use up any annual leave during your notice period or how it will affect any bonus due.

Make sure you always take time to carefully review your employment contract before signing it. If you notice any of these red flags don’t hesitate to seek legal advice or negotiate terms. Protecting yourself from the start can save you from legal and financial stress down the road.

Feel free to contact our expert Employment Solicitor, Ilinca Mardarescu, on imardarescu@astonbond.co.uk, or call Aston Bond directly on 01753 486 777.