The Law Society

LGBT+ Employment Rights – #SolicitorChat Summary

Fri, 22 Jun 2018 07:45:57 -0400

June is Pride month, celebrating the LGBT+ Community across the globe. During #SolicitorChat we discussed the employment rights of the LGBT+ community and looked at what employers can do to become a safe and diverse workplace for their employees with LA Employment Team, Remziye Ozcan, Danielle Ayres, Sean McHale, Birkett Long LLP, Emplaw Online, CJCH Solicitors, Kevin Poulter, Paul Livingston and Sasha Scott Inclusive Group.

What rights do the LGBT+ community have in the workplace and what is considered discrimination?

Everyone explained that under the Equality Act 2010, lesbian, gay, bisexual and transgender people have the right not to be discriminated against because of sexual orientation or gender reassignment which are both protected characteristics.

Remziye Ozcan added that it’s unlawful to discriminate against:

· employees, job seekers and trainees because of their sexual orientation

· someone’s assumed sexual orientation, known as ‘discrimination by perception’

· a person who is connected to someone with a particular sexual orientation, known as ‘discrimination by association’.

Discrimination can take the form of direct or indirect discrimination, harassment or victimisation. Sean McHale highlighted that the failure of employers to address bullying and victimisation of LGBT+ employees by other employees would be an example of discrimination in the workplace.

For those looking to start a family, LA Employment Team highlighted that if you are a new parent or expecting a baby, you could also be entitled to maternity rights, paternity leave, shared parental leave, adoption leave and unpaid time off to look after your child or to attend antenatal appointments with your partner.

As solicitors, what are the key approaches you take when advising clients from the LGBT+ community?

Danielle Ayres explained clients may want their conversations to be confidential and a solicitor will need to be clear with their client about what information will need to be disclosed to a third party if they wish to pursue the case.

In order to advise clients effectively, solicitors need to promote trust and allow clients to talk freely about their relationships.

Remzye Ozcan shared the Advisory, Conciliation and Arbitration Service (ACAS) research which revealed that most complaints of sexual orientation discrimination involve homophobic bullying and harassment such as verbal abuse, exclusion from conversations, name-calling and threats. Therefore, the client’s mental health should be given extra consideration and Danielle Ayres agreed that this calls for an extra degree of sensitivity.

Overall, everyone expressed that they treat LGBT+ clients the same way they treat other clients – with respect and consideration.

How can a solicitor help someone who is being discriminated against because of their sexual orientation or gender identity?

A solicitor will identify a practical solution and represent you in any dealings with your employer to achieve this whilst providing guidance, advice and support.

They will review all options and guide you through the most suitable route, explaining your legal rights and giving advice on the legal action you can take. The options available could include making a formal grievance, an equality questionnaire or an employment tribunal claim which may lead to compensation. A solicitor is also able to advise on the wording of all these documents and make sure you are properly represented.

If a formal grievance does not solve the issue, your solicitor may contact the employer on your behalf and gauge whether or not the employer has suitable equality policies in place and whether they are taking action to resolve the matter. If not, a pre-action letter referencing the potential claim being filed at the Employment Tribunal may be sent with a view to avoiding the need for further action.

CJCH Solicitors highlighted that a claim which alleges harassment, victimisation, direct or indirect discrimination can usually be instigated without resigning or being dismissed.

What should you do if you’re being harassed or bullied at work because of your sexual orientation or gender identity?

If you are being harassed or bullied at work because of your sexual orientation or gender identity, you should:

· take expert advice from a solicitor

· collect evidence, keep a detailed diary with notes on what has happened – who said what, when and who else can verify this

· raise the issue with your line manager or HR department, if you feel safe enough to, at the earliest opportunity. You could also make a written complaint (grievance) to your employer. There may be a specific procedure to follow

· seek advice from a law centre, your trade union or the Citizens Advice Bureau

· in the absence of sufficient action, consider making a claim against your employer

Can you talk us through the process someone might go through with employment tribunals?

The first step when considering making a claim through the Employment Tribunal is to seek legal advice. A solicitor can discuss the process with you and advise whether your claim is likely to be successful and the costs of any legal advice.

Going through the Advisory, Conciliation and Arbitration Service Early Conciliation (ACAS EC) process is a mandatory process before bringing a claim. It’s therefore important to ensure this process is started within the relevant time limit. A solicitor can advise on time limits to ensure this isn’t missed.

Once the ACAS EC process starts the parties normally have a month to see if the matter can be resolved without the need to bring a claim. This period can be extended by two weeks.

How can a solicitor help employers become a safe and diverse workplace?

Employment law changes regularly, so it’s important for clients to be kept updated, especially if equality and diversity demands change.

Whether a solicitor is advising employers or employees, all clients should be aware that policies must be drafted to ensure there is no possibility of direct or indirect discrimination occurring in the workplace. Solicitors can help employers by reviewing their policies and training materials to ensure that they are LGBT+ inclusive and by drafting equality policies. Policies should be put in place to cover recruitment, pay, the terms and conditions of employment, discipline, grievances, bullying, harassment, equality and diversity.

Employees need to feel safe and comfortable in the workplace and, with the help of a solicitor, an employer can encourage equality and diversity through regular training for all managers and staff. A solicitor can also assist businesses with making handbooks covering areas such as diversity, equality, bullying and harassment.

A solicitor can advise on putting adequate policies and practices in place and on how to ensure these are implemented in practice. For example, an LGBT+ employee’s complaint about being discriminated against or bullied should always be investigated or the employer runs the risk of the employee bringing legal action. It’s also important to remember that disclosure of another employee’s sexual orientation may be perceived as harassment, a breach of the data protection act and, quite possibly, a breach of the employer’s policies and relevant procedures.

#SolicitorChat in June

Fri, 18 May 2018 04:31:45 -0400

We’re looking at some interesting topics throughout June in our #SolicitorChat. If you’re a solicitor and specialise in any of the following topics, join us on Twitter every Thursday 9-10am and you could be in with a chance to win a £10 coffee voucher. Just search for #SolicitorChat on Twitter and join the conversation.

JUNE TOPICS AND QUESTIONS

7 June: Employment law advice for the LGBT+ community - Click here for the questions we’ll be asking

14 June: Solving business disputes - Click here for the questions we’ll be asking

21 June: The conveyancing process, legal FAQ’s - Click here for the questions we’ll be asking

28 June: Making sure your will is valid - Click here for the questions we’ll be asking

Making sure your will is valid – #SolicitorChat Preview

Fri, 18 May 2018 04:27:24 -0400

Speaking to a solicitor about writing a will is an excellent way to make sure your loved ones are protected, and your assets go to the right people. But what happens when your life changes? What impact does this have on your will? During our #SolicitorChat we’ll be discussing the importance of keeping your will up-to-date and the times in your life when you need to consult a solicitor about making changes.

Are you a solicitor specialising in wills? Join the discussion on Thursday, 28^thJune 2018 9-10am and you could win a £10 voucher!

Questions we’ll be exploring:

1. What is the best way to make a will which is valid and reliable?

2. Which life events make your will invalid?

3. Which life events do NOT make your will invalid?

4. What is testamentary capacity and how can it affect your will?

5. How often should your will be reviewed to make sure it’s valid and up-to-date?

The conveyancing process FAQs – #SolicitorChat Preview

Fri, 18 May 2018 04:26:10 -0400

Summer is upon us and the house hunters are out in force, many of whom may be first-time buyers. For less experienced property purchasers, the conveyancing process can seem overwhelming and things can easily go wrong if specialist legal advice isn’t sought early on. We’ll be discussing some frequently asked questions about the conveyancing process during our #SolicitorChat.

Are you a conveyancing solicitor? Join the discussion on Thursday, 21^stJune 2018 9-10am and you could win a £10 voucher!

Questions we’ll be exploring:

1. How long does the conveyancing process take?

2. What happens if the buyer or seller changes their mind?

3. What does ‘completion’ and ‘exchange of contracts’ mean?

4. What are searches and surveys? Why are they needed?

5. Why is it important to appoint a solicitor to help buy/sell a property?

Commercial disputes – #SolicitorChat Preview

Fri, 18 May 2018 04:25:41 -0400

Disputes can happen in every aspect of our lives, but when it happens to a business the impact can be serious and difficult to solve without the advice of a specialist solicitor. What can you do when your business faces a dispute? And what can be done to minimise the potential impact? We’ll be discussing these questions during our #SolicitorChat.

Are you a business law solicitor? Join the discussion on Thursday, 14^thJune 2018 9-10am and you could win a £10 voucher!

Questions we’ll be exploring:

1. What are the most common disputes faced by businesses?

2. How can a solicitor help businesses facing a commercial dispute?

3. If a business feels its intellectual property has been stolen, what can it do?

4. What can businesses do if they’re faced with a dispute with an employee?

5. How can a solicitor ensure a business is protected from any future shareholder/partnership disputes?

LGBT+ employment rights - #SolicitorChat preview

Fri, 18 May 2018 04:24:29 -0400

The start of June also marks the start of Pride month, celebrating the LGBT+ community across the globe. #SolicitorChat will be getting involved on 7^thJune by discussing the employment rights of the LGBT+ community and looking at what employers can do to become a safe and diverse workplace for their employees.

Join the discussion on Thursday 7^thJune 2018 9-10am and you could win a £10 voucher!

Questions we’ll be exploring:

1. What rights do the LGBT+ community have in the workplace and what is considered discrimination?

2. As solicitors, what are the key approaches you take when advising clients from the LGBT+ community?

3. How can a solicitor help someone who is being discriminated against because of their sexual orientation or gender identity?

4. What should you do if you’re being harassed or bullied at work because of your sexual orientation or gender identity?

5. How can a solicitor help employers become a safe and diverse workplace?

#SolicitorChat in May

Thu, 26 Apr 2018 09:00:33 -0400

We’re looking at some interesting topics throughout May in our #SolicitorChat. If you’re a solicitor and specialise in any of the following topics, join us on Twitter every Thursday 9-10am and you could be in with a chance to win a £10 coffee voucher. Just search for #SolicitorChat on Twitter and join the conversation.

MAY TOPICS AND QUESTIONS

3 May: The divorce process - Click here for the questions we’ll be asking

10 May: Protecting your business with cybersecurity - Click here for the questions we’ll be asking

17 May: Making a will, tips for cohabiting couples - Click here for the questions we’ll be asking

24 May: Legal tips for planning a wedding - Click here for the questions we’ll be asking

31 May: Internships and your legal rights - Click here for the questions we’ll be asking

Internships: What are your legal rights? – #SolicitorChat Preview

Thu, 26 Apr 2018 08:56:41 -0400

As we approach summer and the end of the school and university year, students across England and Wales will be embarking on internships hoping to get a foot in the door and gain valuable career experience. But what rights do interns have? How can they make sure they’re being treated fairly? And how can businesses make sure they’re acting within the law when offering internships? We’ll be exploring these questions during our #SolicitorChat.

Are you an employment law solicitor? Join the discussion on Thursday, 31^stMay 2018 9-10am and you could win a £10 voucher!

Questions we’ll be exploring:

1. What rights do interns have?

2. Do these rights differ from the rights of permanent employees?

3. Are unpaid internships legal? At what point should an intern expect to be paid?

4. Is there a limit on the number of hours an intern can work per week?

5. How can employers ensure they’re acting within the law when offering internships?

Wedding planning: what to do when things go wrong – #SolicitorChat Preview

Thu, 26 Apr 2018 08:55:54 -0400

Saturday, 19^thMay 2018 marked the date of the royal wedding when Prince Harry and Meghan Markle walked down the aisle and became man and wife. Elsewhere in England and Wales couples are still in the throes of planning their big day as the wedding season approaches. With so much pressure for everything to go right, what happens when things go wrong and how can couples make sure their rights are protected? We’ll be discussing this question during our #SolicitorChat.

Do you have experience of advising clients on their consumer rights? Join the discussion on Thursday, 24^thMay 2018 9-10am and you could win a £10 voucher!

Questions we’ll be exploring:

1. How can couples protect themselves when employing a supplier?

2. What can couples do if a supplier provides an unsatisfactory service, such as poor quality photos or food?

3. What can couples do if their venue double books or cancels their booking?

4. Talk us through the steps couples can take if their supplier goes out of business.

5. What is wedding insurance and why should couples consider it?

6. How can a solicitor advise couples if they have a wedding-related dispute?

Making a will: legal tips for unmarried couples – #SolicitorChat Preview

Thu, 26 Apr 2018 08:55:47 -0400

When it comes to living together, common law marriage doesn’t exist – so why do so many cohabiting couples not have a will? During our #SolicitorChat we’ll be tying in with Dying Matters Week to raise awareness of planning future wishes whilst discussing the importance of unmarried couples making a will.

Are you a wills solicitor? Join the discussion on Thursday, 17^thMay 2018 9-10am and you could win a £10 voucher!

Questions we’ll be exploring:

1. Why should cohabiting couples have an up-to-date will?

2. Talk us through the intestacy rules and the consequences of unmarried couples not having a will.

3. If you’ve brought your partner’s children up as your own, do they have any rights to your estate?

4. When it comes to finance and inheritance tax, what issues do unmarried couples face?

5. How can a solicitor advise cohabiting couples on protecting each other and their assets?

Protecting your business with cyber security – #SolicitorChat Preview

Thu, 26 Apr 2018 08:55:36 -0400

The pace of life is fast in the digital age and new technologies are being invented every day. Whilst the development of emerging technologies is exciting, what threats does this create for a business’s cyber security? And how can they ensure both the business and the interests of customers are protected? We’ll be exploring cyber security and how specialist solicitors can help businesses make themselves secure during our #SolicitorChat.

Are you a solicitor who advises clients on cyber security? Join the discussion on Thursday, 10^thMay 2018 9-10am and you could win a £10 voucher!

Questions we’ll be exploring:

1. How can companies make sure their cyber security is in good shape and their business is protected?

2. What are the most common cybersecurity threats that companies are facing and how are they dealing with them?

3. How can a specialist solicitor help businesses meet legal obligations and compliance for preventing cyber-attacks?

4. What steps can businesses take to protect themselves against a cyber-attack? How can a specialist solicitor advise?

5. What should you do in the event of a cyber-attack?

The Divorce process – #SolicitorChat Preview

Thu, 26 Apr 2018 08:55:27 -0400

Going through a relationship breakdown can be an upsetting and uncertain time. Seeking legal advice from a solicitor can provide clarity and enable couples to find a solution that works for the whole family. But how does the process actually work? We’ll be exploring the divorce process during our #SolicitorChat and discussing the questions listed below.

Are you a family law solicitor? Join the discussion on Thursday, 3^rdMay 2018 9-10am and you could win a £10 voucher!

Questions we’ll be exploring:

1. What are the grounds for divorce?

2. Is there a difference in the process for getting a divorce and dissolving a civil partnership?

3. What are the key things to consider when thinking about children and divorce?

4. Do you have to go to court to get a divorce?

5. Why should those considering divorce consult a solicitor rather than turning to an online divorce service?

Drones and the Law – #SolicitorChat Summary

Wed, 25 Apr 2018 11:50:44 -0400

As we draw closer to Summer and the prospect of sunny weather, people all over the country will be dusting off their drones and taking to the skies. What often starts out as a novelty gift can turn into a fun hobby, but what restrictions need to be thought about? And what are the legal implications when things go wrong? We discussed these topics during #SolicitorChat with Levi Solicitors and Danielle Clements.

What are the restrictions when it comes to flying a drone? Do they differ if it has a camera?

Levi Solicitors and Danielle Clements explained that there is nothing preventing an individual from purchasing a drone for domestic purposes. However, you are responsible for flying the drone in a safe manner.

You must not endanger anyone or anything and if your drone weighs more than 7kg, additional rules will apply. If you have a camera, there are further limitations on where you can fly and how close you can fly to other people or objects.

You may also need prior permission from the Civil Aviation Authority to fly in certain areas.

Are there different rules for hobbyists and those flying for commercial purposes?

Levi Solicitors told us that a commercial operation is defined as any operation of a drone which is available to the public or where a customer is paying the controller.

Danielle highlighted how the intended use and place of the drone dictates what further permissions may be required as there are different rules for commercial and recreational use of drones.

Commercial operations will require permissions from the Civil Aviation Authority. These are valid for up to twelve months and are renewable.

Can you be prosecuted for flying a drone illegally?

Danielle told us that you are legally responsible for flying your drone safely and following the manufacturers’ guidelines. If you injure someone or damage property, then criminal and civil prosecution could ensue.

Levi Solicitors explained you can be prosecuted for misuse of a drone under the Air Navigation Order 2016 which is punishable in England and Wales through either a fine or, for more serious offences, imprisonment of up to five years.

What are the repercussions if you hit a person or someone’s property with your drone?

Levi Solicitors and Danielle explained there are various possible repercussions depending on the circumstances, including a prosecution for criminal damage, and paying compensation for personal injury or for damage to property. You could also be reported for maliciously flying the drone and someone could issue a civil claim against you for being a nuisance or for trespassing.

Do you need to seek permission from anyone if you’re taking off from your own property?

Danielle and Levi Solicitors explained that although you do not need permission if you’re taking off from your own land, due to the proximity of your neighbours, they would advise seeking guidance from the Civil Aviation Authority. If you are flying over someone else’s land, you will also require an over-sailing licence.

Buying property to develop – #SolicitorChat Summary

Wed, 25 Apr 2018 11:46:58 -0400

Buying a property to develop can be a very inviting prospect, but what considerations should be taken into account before taking such a big step? What legal issues need to be considered? And what does the process actually involve? These are just some of the questions discussed during this week’s #SolicitorChat on developing property with Levi Solicitors and Danielle Clements.

What legal issues are commonly faced by someone developing a property?
Levi Solicitors explained that there are various issues to consider when it comes to developing property. For example, how will you finance the build? Is the land suitable for the build? Are there any restrictions on building or on the land, such as restrictive covenants or planning permission conditions?

They added that without these considerations, you could face serious issues with the development. Restrictive covenants may stop you building as you want to or on that land at all. They told us that if you build without suitable permissions, or ignore planning conditions, you could face legal action.

Does the conveyancing process differ between purchasing property to develop and purchasing a ‘normal’ property?
Levi Solicitors told us that the conveyancing process between purchasing property to develop and purchasing normal property does differ. If you’re purchasing land for development, you’ll need planning permission and you may need to look at an option agreement with the seller.

They highlighted that mortgage and financing requirements are also likely to be different.

What things should be considered before making the purchase?
Levi Solicitors told us you should arrange for a specialist to check whether the land is suitable and whether you’re likely to obtain planning permission before you proceed with the purchase. It is also important to consider how much the development is likely to cost and what your plans are for it once the property is built.

They also highlighted that the ways of financing the build can differ. For example, building your own home may allow for a self-build mortgage, but if the build is commercial you may wish to consider investment or bridging finance.

Why is it important to consult a solicitor when purchasing a property to develop?
Levi Solicitors explained that there may be various issues which arise during the course of the build. They highlighted that your solicitor will ensure that the property’s legal title is good and marketable, so you can sell or let it in the future.

Your solicitor can also advise on any issues, making sure you comply with any requirements and ensuring that your developed property will be good to sell at the end. Your solicitor will help make sure that your asset has value and that you don’t run into problems with local authorities who could ask you to demolish and rebuild your property if you don’t follow all the appropriate rules and regulations.

Levi Solicitors also emphasised the importance of research and making sure you are confident that the development is going to provide an adequate return.If there are environmental, planning or other issues, then consider how much it will cost to resolve these issues and whether the purchase is cost effective.

Danielle Clements explained that a solicitor will have the necessary experience to ensure that all matters are properly dealt with. If you handle matters yourself, there is a risk that something important gets missed.

What advice would you give to a first-time property developer?
Danielle told us you should seek advice from a solicitor, financial advisor and accountant.
You need to ensure the land is capable of the development you propose and that you have the appropriate finance in place.

You should also be aware of any tax issues that may affect you.

#SolicitorChat in April

Tue, 27 Mar 2018 12:02:14 -0400

We’re looking at some interesting topics throughout April in our #SolicitorChat. If you’re a solicitor and specialise in any of the following topics, join us on Twitter every Thursday 9-10am and you could be in with a chance to win a £10 coffee voucher. Just search for #SolicitorChat on Twitter and join the conversation.

APRIL TOPICS AND QUESTIONS

5 April: Shared parental leave - Click here for the questions we’ll be asking

12 April: Making a work-related personal injury claim - Click here for the questions we’ll be asking

19 April: Building a strong client relationship - Click here for the questions we’ll be asking

26 April: World Intellectual Property Day - Click here for the questions we’ll be asking

World Intellectual Property Day - #SolicitorChat Preview

Tue, 27 Mar 2018 11:55:30 -0400

When you invent or produce a new product, it’s important to make sure you have the right intellectual property protection to make sure your ideas stay your own. But what exactly is classed as intellectual property? And how can a solicitor help you choose the correct type of protection? We’ll be exploring these questions during our #SolicitorChat on World Intellectual Property Day.

Are you a business law solicitor? Join the discussion on Thursday, 26^th April 2018 9-10am and you could win a £10 voucher!

Questions we’ll be exploring:

1. What is classed as intellectual property?

2. Who can consult a solicitor about intellectual property?

3. What are the different types of intellectual property protection and how do they differ?

4. Why is it important to seek legal advice when you design something new?

5. How can a solicitor help clients with intellectual property disputes?

Building a strong client relationship - #SolicitorChat Preview

Tue, 27 Mar 2018 11:54:36 -0400

When seeking legal advice, it’s helpful for clients to feel as though they can be open and honest with their solicitor and vital that they’re able to trust and value the advice they receive. But how do solicitors go about building a strong client relationship? And what benefit does it have on the process of solving legal issues? We’ll be discussing this and more during our #SolicitorChat.

Are you a solicitor? Join the discussion on Thursday, 19^th April 2018 9-10am and you could win a £10 voucher!

Questions we’ll be exploring:

1. Why is it valuable to build a strong relationship with a client?

2. What difference does it make to the process when you have a good relationship with your client?

3. How do you go about building trust with a client?

4. What approaches do you take to make sure you communicate clearly with clients?

5. What advice would you give to someone considering consulting a solicitor for the first time?

Making a claim after an accident at work - #SolicitorChat Preview

Tue, 27 Mar 2018 11:54:27 -0400

Sustaining an injury during an accident can be a stressful experience, but there are often added pressures and things to think about when that accident happens at work. During our #SolicitorChat we’ll be exploring the process of making a work-related personal injury claim and how a solicitor can help you get your life back on track.

Are you a personal injury solicitor? Join the discussion on Thursday, 12^th April 2018 9-10am and you could win a £10 voucher!

Questions we’ll be exploring:

1. If you’ve had an accident at work, how can a solicitor help you make a claim?

2. Who can make a work-related personal injury claim? Is it just full-time employees?

3. Talk us through the standard process when making a work-related personal injury claim.

4. What issues can arise when making a personal injury claim against employers?

5. Is there a time limit on making a work-related personal injury claim? Are there any exceptions?

Shared parental leave - #SolicitorChat Preview

Tue, 27 Mar 2018 11:54:17 -0400

As we move into April, the pitter patter of tiny royal feet will soon be heard as the Duke and Duchess of Cambridge wait for their third child to arrive. For other expectant parents across England and Wales, many are deciding the best approach to take to parental leave. During #SolicitorChat we’ll be taking a close look at the option of shared parental leave and the various issues and benefits it can present.

Are you an employment law solicitor? Join the discussion on Thursday, 5^th April 2018 9-10am and you could win a £10 voucher!

Questions we’ll be exploring:

1. What is shared parental leave (SPL)? How does it work?

2. Who is eligible for shared parental leave?

3. What issues are faced by self-employed people when it comes to SPL?

4. What are the differences between maternity and paternity leave and shared parental leave?

5. How can a solicitor advise you on your rights when it comes to SPL?

Including pets in your will - #SolicitorChat Summary

Wed, 21 Mar 2018 07:29:09 -0400

Making the decision to welcome a pet into your home is an exciting time for the whole family. But like any other family member, it’s important to make provisions in case there comes a time when you’re no longer able to care for them. We discussed how you can protect your pet by including them in your will during #SolicitorChat with Barrow and Cook Solicitors, Caroline Woodham, Levi Solicitors LLP, Lennons Solicitors, Clapham and Collinge, Jodie Wielgus, Melanie Pickering and Susan Ann Day.

How can you include your pet in your will?
Barrow and Cook Solicitors, Caroline Woodham and Levi Solicitors recommended including a clause in your will, passing the care of your pets to a person or charity. This can be accompanied by a financial gift to help fund the care or as a thank you to the charity.

Jodie Wielgus and Caroline told us that a financial provision is not necessary but should be considered based on the person/charity’s circumstances as it is possible for someone to turn down the gifted pet. If you don’t have a guardian willing to take responsibility for your pet, you can request that your executors give the animal to a charity such as the Dogs Trust canine care scheme and Cats Protection cat guardian scheme but you do need to sign-up for these schemes in advance.

Writing a letter of wishes can also help make your choices and wishes for your pet clear. In addition to this, a will can be future-proofed by drafting it to include any pet which you may have at the time of your death, not just the named pet you have now.

Susan Ann Day added that whatever you decide to do, you should discuss this in advance with your executors if possible.

Do you have to include your pet in your will? What happens if you don’t?

Levi Solicitors, Clapham and Collinge, Barrow and Cook Solicitors and Jodie explained that you don’t have to include your pet in your will, but it’s a good idea to do so. If your pet isn’t specifically mentioned, it may just be passed on to your residual beneficiaries, or your executors will decide what happens to your pet and they may be unaware of your wishes.

Lennons Solicitors, Jodie and Melanie, said that if you have a chattels clause, a pet would fall into this so it will pass to your beneficiaries with the rest of your estate. Lennons Solicitors reminded us that anyone can refuse anything under a will and that in this case, the pet would then form part of the residuary estate and be distributed with the remainder of your estate.

Do different animals need different provisions – hamsters compared to dogs?

Barrow and Cook Solicitors and Jodie told us that you may want to leave money in conjunction with your pet to help look after it. When doing this, Levi Solicitors, Clapham and Collinge and Melanie pointed out that you should consider the varying costs for different animals. For example, a dog or horse will cost more to feed and insure than a hamster and, whilst a tortoise may live for up to 100 years, a hamster won’t be around as long.

Levi Solicitors explained that if you have several pets and wish for them to be cared for by different people or specific charities, then different provisions may be required for each animal. Caroline added that if your pet has any additional needs or medical conditions, you could set these out in a side letter so the person receiving the pet is made aware of those needs.

Lennons Solicitors added that if your pet is classed as a dangerous species under The Dangerous Wild Animals Act 1976, the new owner may need a local authority licence to keep it.

Do you need to update your will every time you get a new pet?

Lennons Solicitors, Levi Solicitors, Melanie and Caroline explained that if your will provides for any pet you have at the date of your death rather than a named animal, updates are unlikely to be necessary. However, if your will names a specific pet or type of animal, then your will would need updating for any further pets you get.

Lennons Solicitors stated that the more specific the provisions are for your pet, the more likely it is that a change in circumstances will require a Codicil, if not a new will.

Jodie told us it is important to update your will if it includes sums of money with the gift of a pet. If your pet dies before you, resulting in you not owning the pet on your death, the named person may attempt to replace the pet to trick your executor into giving them the money.

Can you leave part of / your whole estate to your pet in your will?

Barrow and Cook Solicitors, Levi Solicitors and Melanie told us that a pet is legally classed as a possession, so it cannot own property or assets itself. Lennons Solicitors and Clapham and Collinge added that pets cannot receive money, but you can set aside some of your assets to ensure your pets are taken care of (sufficient food, insurance, medical treatment, etc.).

Jodie and Caroline discussed that whilst a trust can be set up for the pet, they wouldn’t recommend doing so as they are costly to run and could have tax implications. They agreed that a well worded legacy clause may be more efficient.