Thirsk Winton LLP

Posts by Matthew Barrett

When can a will be challenged?

When can a will be challenged?

When can a will be challenged? Losing a loved one is an emotional and trying time. This can be made especially difficult if you suspect that the will may not reflect the true wishes of the person who has passed away. There are a number of ways that the validity of a will can be […]

The Probate Process

The Probate Process

Probate is the complete process of administering the estate of a person who has died. This involves gaining control of the estate, meeting liabilities, and distributing the assets in accordance with the Will or administered under the intestacy rules if there is no Will. If there is a Will, the person applying for probate is […]

Voluntary Lease Extensions

Voluntary Lease Extensions

Ever since the law was introduced allowing Tenants the statutory right to extend their long leases by 90 years and force Landlords to lower their ground rent payments to a peppercorn (i.e. zero), Landlords have often tried to offer a voluntary lease extension whereby they tempt Tenants with a lower premium for the extension but […]

Turning over a new leaf

Turning over a new leaf

More than a year on from the start of the pandemic, it is increasingly clear that the last 12 months have likely changed the way the world does business forever. Commercial tenants and commercial landlords alike have suffered significantly over the last 12 months, with commercial landlords missing out on upwards of £5 billion in […]

Contracts – what you need to kn...

Contracts – what you need to know

Contracts – what are my rights? A contract can be either verbal, written, or implied. All contracts/legal agreements must embody five elements for them to be enforceable by law, these are: Offer and Acceptance, Consideration (sufficient but need not be adequate), an intention to be legally bound by the terms and that both the parties […]

What constitutes a trade mark

What constitutes a trade mark

The main function of a trade mark is  to be an indication of origin and not allow for a monopoly over the market for a particular good or service. For example when you look at the famous tick you know that product is made by Nike. The question has been discussed many times whether a colour […]

Covid-19 and Commercial Leases

Covid-19 and Commercial Leases

Kerrie Atlee, trainee solicitor in our commercial department, considers options available to landlords and tenants under Coronavirus Act 2020 restrictions. As a Tenant of a Commercial Lease you are protected by Section 82 of the Coronavirus Act 2020 which has afforded protection to Tenants from 26 March 2020 and has now been extended until 31 […]

Commercial Forfeiture Relief Final Ex...

Commercial Forfeiture Relief Final Extension

The Latest on Rent Recovery and Eviction for Commercial Landlords As we approach the December quarter day, the Government has announced extended measures in the light of the ongoing COVID-19 pandemic to protect tenants in commercial properties. Forfeiture of Commercial Leases Section 82 of the Coronavirus Act 2020 now prevents any forfeiture of commercial leases […]

Breathing Space on Insolvency Measure...

Breathing Space on Insolvency Measures

Important news for struggling businesses arrived in early December in the form of an extension to temporary reliefs from certain statutory enforcement measures available to creditors until 31 March 2021. Craig Kelly, associate solicitor in our commercial team, examines the announcement in more detail. The Corporate Insolvency and Governance Act 2020 Act came into force […]

The Winter Truce

The Winter Truce

The Government has confirmed dates for the “Christmas Truce” for private tenants in rented accommodation and Gemma Leppard, head of dispute resolution and a specialist in landlord and tenant matters, dissects the recent announcement to clarify what this means for both parties. When is the Christmas Truce? In late August 2020 the Government extended the […]