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Featured in this issue... Protecting the Bank of Mum and Dad

When an Executor Causes Concern

Sexual Harassment: Know Your Rights

Unmarried Couples: Property Rights Explained

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ISSUE 24 // 2026

MAGAZINE

The Bank of Mum and Dad: Protecting Financial Gifts to Your Children When parents provide financial support to their children, particularly towards a property purchase, they may want to consider how that money could be treated if their child’s relationship later breaks down. There are several ways to help protect gifts and other financial contributions, depending on the circumstances and how the money is being used.

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Nuptial agreements If your child is married or contemplating marriage, a nuptial agreement can record the intention that gifts, inheritances or other family assets should remain their separate property if the marriage ends. Whilst not automatically binding, nuptial agreements are increasingly influential and can provide valuable certainty in a range of circumstances, including: 1

Providing a deposit or contribution towards a property purchase It is common for parents to assist their children with the purchase of a property. A nuptial agreement can record the source of a financial contribution and help demonstrate that the funds were intended to remain your child’s separate asset if their marriage later breaks down.

Family business interests A nuptial agreement can identify and seek to protect your child’s shares or interests in a family business. This can help reduce the risk of business assets becoming the subject of dispute in divorce proceedings, providing greater certainty for both your family and the business.

Trust distributions If your child is likely to benefit from a family trust, a nuptial agreement can address how any distributions received should be treated in the event of a future separation. This may help protect assets originating from the wider family and provide clarity regarding the parties’ financial expectations.

Although nuptial agreements can be an effective means of protection, they cannot prevent a spouse from bringing a financial claim within divorce proceedings. It is therefore important that certain safeguards are in place if the court is to attach significant weight to the agreement: •

The agreement has been entered into freely by both parties;

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Both parties have provided full financial disclosure before entering into the agreement;

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Both parties have obtained independent legal advice from separate solicitors to ensure the terms of the agreement are fair in the circumstances.

As every family is different, the agreement should be carefully tailored to the individual circumstances. Nuptial agreements take time to draft, negotiate and advise on, and it is therefore advisable to begin the process well in advance of the intended wedding date.

Declaration of Trust If your child is purchasing a property with their partner and you are providing a financial gift towards the purchase, it may be appropriate for them to enter into a Declaration of Trust. This sets out how the equity in the property will be divided between them on a future sale or transfer.

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The parties will own the property as tenants in common, allowing them to hold unequal beneficial interests that reflect the financial contributions made by them or their families, including towards the deposit, mortgage repayments and renovations. Your child should seek legal advice on the most appropriate way to record these financial contributions in the Declaration of Trust.

Cohabitation agreements If your child is purchasing a property in their sole name with your financial assistance, and their partner is planning to live with them, a cohabitation agreement may be appropriate. This is a legal contract between an unmarried couple that sets out arrangements concerning their property, finances and responsibilities whilst living together. A cohabitation agreement can be broader in scope than a Declaration of Trust, as it is not limited to property ownership and can regulate a wider range of financial and practical arrangements between the parties. This can be particularly useful, for example, where one partner contributes towards household expenses but not the purchase price or mortgage. By clearly setting out the parties’ intentions and expectations, it can help reduce the likelihood of future disputes about the property. If an unmarried couple separates, a cohabitation agreement can help reduce the risk of disputes by providing a clear record of what was agreed about their property and finances. It is therefore important that the agreement is carefully drafted and that both parties seek appropriate legal advice.

Loan agreements You may decide to provide financial assistance to your child through a loan. If so, you should have a loan agreement professionally drafted by a solicitor to formalise the arrangement and help protect the money loaned if your child later divorces. In contrast to commercial loans, the Family Court may treat loans from family members as “soft loans”, meaning there is a risk that it may place little weight on the arrangement or disregard it entirely when determining the financial outcome in divorce proceedings. To reduce this risk, the loan should be carefully structured and documented as a genuine loan.

How Myerson can help Protecting financial gifts and other support you provide to your children is an important consideration when planning how to preserve your family wealth. There are a variety of options available, and the most appropriate approach will depend on your family’s circumstances. Our Family Team can provide specialist advice on the options available and how best to protect your family wealth.

Speak to our

Family Law Team Call 0161 941 4000 Email lawyers@myerson.co.uk Website www.myerson.co.uk

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Business or personal, your legal affairs deserve a check-up. Get a clear, confidential, expert view of your legal position at no cost. Our Free Legal Health Check includes a high-level legal review, tailored to your needs, whether you are running a company or planning for the future of your family and wealth.

For Your Business

For Your Personal Affairs

Our review covers the fundamental legal aspects of your business, such as:

We assess your personal legal position to ensure long-term protection and peace of mind. Areas we typically cover include:

• • • • • • • •

Employment and HR Terms of business and commercial contracts Confidentiality agreements and NDAs Data protection (including GDPR) Litigation and debt recovery Intellectual Property (IP) Corporate structure and shareholder agreements Commercial Property

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Wills, LPAs and succession planning Inheritance Tax and wealth structuring Trusts and Family Investment Companies (FIC) Property Portfolios Residential conveyancing Family law matters

How does it work? Book your slot online or email us at lawyers@myerson.co.uk and we’ll be in touch to arrange a video or in-person meeting. We’ll discuss your business or personal interests, highlight strengths, spot risks, and outline a tailored action plan. * This legal health check is provided to you free of charge. Its purpose is to understand more about your business and legal affairs as well as identifying documents, scenarios and processes within your business where you may benefit from engaging with a solicitor to provide legal services. For the avoidance of doubt, this free legal health check does not constitute the giving of advice, nor does it create a client solicitor relationship between Myerson Solicitors and your business.

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Problems with an Executor?

Your Options Explained

Being named as an executor of a Will comes with significant responsibilities. Executors are trusted to manage the deceased’s estate, deal with their assets and debts, keep beneficiaries informed and ultimately distribute the estate in accordance with the Will. But what happens when an executor is causing concern? Perhaps months have passed with little progress. You may be struggling to get information about the estate, have concerns about how money or property is being handled, or believe an executor is putting their own interests ahead of those of the beneficiaries. These situations can be particularly difficult when family relationships are already strained. Beneficiaries and co-executors often want to know if an executor can simply be removed. The answer is not always straightforward. Removing an executor is possible, but it is generally a significant step and is not the only option available. Here, we explain when removal may be appropriate, what the court will consider and what you can do if you have concerns about the way an estate is being administered.

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What does an executor have to do? To assess whether an executor has acted inappropriately, it helps to understand the role’s responsibilities:

In some cases, the issue stems not from misconduct but from a breakdown in relationships. Family tensions that existed long before the death can make estate administration particularly challenging.

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Identifying and valuing estate assets;

Can an executor be removed?

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Paying debts and taxes;

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Communicating with beneficiaries;

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Keeping accurate estate accounts;

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Distributing the estate in accordance with the Will.

The court has the power to remove and replace an executor if doing so is in the interests of the beneficiaries and the proper administration of the estate. Removal is not automatic simply because beneficiaries are unhappy with an executor’s decisions. The court will consider whether the executor’s conduct is preventing the estate from being administered properly and whether their continued involvement is likely to jeopardise the beneficiaries’ interests.

Executors must also act in the best interests of the beneficiaries and treat them equally. They are fiduciaries, meaning they are held to a high standard of honesty, transparency and care. Failing to comply with these standards can lead to claims being brought against executors.

Common concerns raised by beneficiaries Not every disagreement will justify court intervention, but concerns commonly arise where an executor: •

Fails to communicate with beneficiaries and co-executors;

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Causes significant and unexplained delays in administering the estate;

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Refuses to provide estate accounts or any information;

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Has a conflict of interest between their role as executor and their personal position;

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Appears to be favouring certain beneficiaries over others;

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Mismanages or improperly deals with estate assets;

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Is accused of dishonesty or financial misconduct.

The court generally prefers for Wills to be upheld, including the appointment of executors, and so an application for removal should not be made lightly. There will usually need to be serious concerns about the executor’s conduct or their ability to administer the estate properly before court intervention is appropriate. The court’s primary concern is the welfare of the beneficiaries and the efficient administration of the estate, rather than rewarding or punishing the executor. If you apply to remove an executor, consider who might act in their place. This could be a professional, such as a solicitor, or a family member or friend. The application can be made with the executor’s consent, which is the most cost-effective way to proceed (because it prevents a protracted, contested court dispute). As a result, it is important first to invite the executor to stand down before escalating matters. Even if the executor consents, court proceedings may be required if the executor has intermeddled (taken steps) in the estate administration.

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What if an Executor Removal Application is not appropriate? Other steps can be taken if a beneficiary or co-executor is concerned about an executor’s actions. The first steps should always generally be to correspond with the executor and ask questions about the estate administration. Setting out your concerns in writing can help clarify any misunderstanding and give the executor an opportunity to rectify any wrongdoing. It is surprising how many disputes can be resolved through early communication between the parties. If the executor provides insufficient or no information about the estate administration, an application can be made for an inventory and account. This requires the executor to provide the court with a detailed account of how they have handled the estate administration. This can be a very effective way to get answers about the estate and the executor’s actions (or inactions). Sometimes, the information obtained this way can support a later application to have the executor removed from their position. Alternative Dispute Resolution (ADR) is another consideration. Litigation can be costly and, to avoid this, parties can engage in ADR which is where attempts are made to resolve the dispute between themselves outside of court. ADR can take many forms, with examples including mediation, round table meetings or making offers in correspondence. The court looks favourably on ADR and has the power to penalise a party who unreasonably refuses to participate with it.

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Practical steps for executors Executors should ensure that they comply with their duties and responsibilities throughout the estate administration. The risk of disputes can be reduced by communicating openly with beneficiaries and co-executors, keeping clear records of any decisions and transactions, seeking professional advice when issues arise, acting impartially and avoiding conflicts of interest. Communication and transparency are often key in preventing concerns escalating into litigation.

How Myerson can help Concerns about an executor can quickly escalate, particularly where communication has broken down or there are concerns about how an estate is being managed. Getting specialist advice early can help you understand your rights, protect your position and determine the best way forward. Our Contentious Probate team advises executors and beneficiaries on estate disputes, from resolving concerns early to removing or replacing executors. We can explain your options and help you take the appropriate next steps.

Speak to our

Contentious Probate Team Call 0161 941 4000 Email lawyers@myerson.co.uk Website www.myerson.co.uk

At Myerson, we understand that wealth isn’t just about numbers; it’s about legacy, responsibility, and peace of mind. That’s why our Private Wealth team, led by the nationally recognised Bik-ki Wong, delivers clear, compassionate legal guidance to help you protect what matters most. Bik-ki Wong, a Partner in our Wills, Trusts and Probate team, is one of the region’s most respected names in private wealth law. She is ranked in the Chambers High Net Worth Guide, where clients highlight her “approachable demeanor” and her exceptional ability to make complex legal matters simple and easy to understand. Our team are experts in structuring and protecting your personal wealth and assets, whether in the UK or overseas. Making you and your family the heart of everything we do means establishing long-term relationships with our clients and their families across the generations.

How We Can Help You Wills & Succession Planning Secure your legacy with well-structured, tax-efficient estate plans.

Trusts & Asset Protection Protect family wealth with carefully tailored trust structures.

Tax & Estate Planning Plan ahead to reduce tax exposure and ensure long-term financial security.

Lasting Powers of Attorney Ensure your wishes are upheld if life takes an unexpected turn.

Business Wealth Advice Wealth structuring and succession planning tailored to business owners.

Probate & Estate Administration Sensitive, expert support through the legal and emotional complexity of estate matters.

Need advice? Contact our team today for discreet and first-class support.

ISSUE 24 // 2026

Succession Planning for High-Net-Worth Families As a high-net-worth family’s wealth increases, so does the complexity of its holdings and the value of its assets. To manage wealth successfully, succession planning becomes less about isolated documents and more about a holistic approach to business and personal affairs, sometimes across multiple jurisdictions. Why complexity requires a corporate governance mindset High-net-worth families often hold wealth through a combination of trading companies, trusts, family investment companies, property structures and international assets, each with its own legal, tax and administrative requirements. Whilst a Will remains a core document, it is rarely sufficient on its own. Effective planning requires a framework that addresses ownership, control, asset protection and liquidity during lifetime as well as on death. In some cases, if the Will conflicts with another document (such as Articles of Association or a Shareholders’ Agreement), the documents may not be reviewed together, creating unintended consequences. This is particularly important where family wealth is connected to an active business or investment vehicle. In these circumstances, succession planning should identify key risks, establish who has authority to make decisions and provide continuity if a principal shareholder, director or founder can no longer be involved.

Business interests and leadership succession For families with trading businesses, succession planning should distinguish between who will manage the business and who will own it. The person best placed to lead the business on a day-to-day basis may not be the same person who should ultimately own the business or benefit from its value. Succession arrangements should recognise this distinction. Clear succession arrangements can help reduce uncertainty for shareholders, directors, employees and wider stakeholders. They also support value preservation by avoiding rushed decision-making, fragmented control or disputes between family members with different levels of involvement in the business.

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Early discussions with the next generation allow future management talent to develop over time and ownership expectations to be discussed widely among family members, rather than decisions being made in response to a trigger event.

Wills, lasting powers of attorney, life policies, pension nominations, option agreements and constitutional documents for companies and partnerships should operate consistently and support the same outcomes.

Trusts and family investment companies

Lasting powers of attorney are an important continuity measure. They ensure that trusted individuals can make financial, health or business-related decisions if capacity is lost, reducing the risk of stalled transactions, inaccessible assets or uncertainty over authority.

Trusts and family investment companies can be effective tools for separating control, ownership and economic benefit. Family investment companies can also provide asset protection, tax efficiency (particularly in relation to managing liability to Inheritance Tax), structured decision-making and the gradual transfer of value to future generations. When considering a trust or family investment company, think carefully about how decisions will be made, the extent to which beneficiaries or shareholders should be involved, and how the structure fits within your wider commercial and succession plans.

International assets and crossborder risk Where assets are held across multiple jurisdictions, succession planning must also account for local inheritance rules, probate processes, tax regimes and regulatory requirements. Without a coordinated approach, families risk duplicated processes, inconsistent outcomes and unnecessary cost.

For business-owning families, option agreements and shareholders’ agreements can set out how ownership will transfer, how important decisions will be made, any restrictions on transferring shares and how shares will be valued. Getting these arrangements right can help ensure that future ownership and control reflect the family’s wider plans for the business.

How Myerson can help Succession planning should not be treated as a one-off exercise. It should be reviewed regularly to reflect changes in family circumstances, business strategy, residence or domicile, tax rules, asset values and leadership requirements. By approaching succession planning through a governance and risk management lens, high-net-worth families can build resilience, preserve value and create a clearer framework for responsible intergenerational wealth transfer.

In circumstances of multiple jurisdictions, a clear assessment of worldwide assets is a critical first step. This allows advisers to identify jurisdiction-specific risks and align local advice with the family’s broader succession and governance objectives.

Core documents and control mechanisms Once all assets have been noted, existing legal and corporate documents should be reviewed against the succession strategy.

Speak to one of our Speak to our

Private Wealth Team Call 0161 941 4000 Email lawyers@myerson.co.uk Website www.myerson.co.uk

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Sexual harassment at work

Do you know your rights? Most people expect to be treated with dignity and respect at work. However, inappropriate behaviour can still arise, and it is important to understand what constitutes sexual harassment and what protections are available. Changes to the law are also strengthening protections for employees and placing greater responsibilities on employers, making it particularly important to understand your rights at work. What is sexual harassment at work? In simple terms, sexual harassment is unwanted behaviour of a sexual nature that violates your dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for you. Importantly, sexual harassment does not have to involve physical contact. It can take many forms, ranging from unwanted touching or sexual advances to inappropriate comments, jokes, messages, emails or social media contact. It can also include comments about a person’s appearance, sharing sexual images or content, making sexual gestures, or spreading rumours about someone’s sex life. Equally, there does not need to be multiple occurrences of such behaviour; a single incident can amount to sexual harassment. The fact that someone did not intend to cause offence does not necessarily mean their behaviour will not amount to sexual harassment. How the behaviour affected you and whether it was unwanted will also be relevant.

What about workplace “banter”? Many workplaces have an informal culture, and friendly joking between colleagues is a normal part of working life. However, describing something as “banter” does not automatically make it acceptable. Behaviour that one person sees as harmless may make someone else feel uncomfortable, embarrassed or intimidated. Sexual jokes, innuendos, gestures or discussions of a sexual nature can all cross the line. It is also important to remember that behaviour does not have to be directed specifically at you to have an impact on you. Exposure to sexual comments, jokes, images or conversations can contribute to an offensive working environment, even if you are not the intended target.

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Employees should not feel obliged to tolerate behaviour that makes them uncomfortable simply because it has become normalised within a team or is dismissed by others as workplace “banter”.

inappropriate sexual comments during a meeting, a customer making unwanted advances, a supplier sending inappropriate messages, or an attendee at a business event behaving in a sexually inappropriate manner.

What does your employer have to do to protect you?

Employers also need to consider the risk of harassment by people outside the organisation. From 30 October 2026, employers will be expected to take all reasonable steps to protect employees from harassment by clients, customers and other third parties. This reflects the principle that employees should not be expected to tolerate inappropriate behaviour simply because it comes from someone external to the organisation.

Employers are already under a legal duty to take reasonable steps to prevent sexual harassment in the workplace. In practice, this means they should take active steps to prevent problems arising, rather than simply responding after an incident has occurred. The law strengthens this duty from 30 October 2026, requiring employers to take “all reasonable steps” to prevent sexual harassment and raising the standard expected of them. From an employee’s perspective, you should expect your employer to have clear policies dealing with harassment, provide training to staff and managers and refresh this appropriately, encourage employees to raise concerns, and take complaints seriously when they arise. Employers should also assess workplace risks, review whether existing safeguards are working effectively and take appropriate action where inappropriate behaviour is identified. The precise measures will vary depending on the size and nature of the organisation, but the overall aim is clear: employers are expected to take proactive and meaningful steps to create a safe and respectful working environment.

What if the harassment comes from someone outside your organisation? Sexual harassment is not always carried out by colleagues or managers. Many employees spend significant amounts of time interacting with clients, customers, suppliers, consultants and other third parties. Examples of sexual harassment by third parties may include a client making

What should you do if you experience sexual harassment? Experiencing sexual harassment can be upsetting and difficult to navigate, particularly where the individual involved is a colleague, manager, client or someone with influence over your career. While every situation is different, there are practical steps that can help protect your position. One of the most important steps is keeping a record of what has happened. Making notes of incidents, including dates, times, locations and any witnesses, can be extremely useful if concerns are raised later. Where possible, it is also sensible to retain copies of relevant emails, messages, screenshots or other evidence. ISSUE 24 // 2026

Employees should familiarise themselves with their employer’s policies, particularly any anti-harassment, dignity at work, grievance or whistleblowing policies. These documents will usually explain the available reporting procedures and who concerns should be raised with. Depending on the circumstances, you may wish to raise the issue informally at first. In other situations, particularly where the behaviour is serious or ongoing, a formal complaint or grievance may be more appropriate. A formal grievance will usually lead to an investigation and provide an opportunity for the concerns to be addressed.

What if you are worried about speaking up? Many people are understandably concerned about the consequences of reporting sexual harassment. They may worry about damaging workplace relationships, affecting future career opportunities or being viewed negatively by colleagues. However, employees who raise genuine concerns about harassment should not be treated unfairly as a result. The law provides protections for individuals who complain about discrimination or harassment, and it also protects those who support colleagues raising such concerns. In some circumstances, additional whistleblowing protections may apply as well. While the prospect of speaking up can feel daunting, employees should be supported

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by their employers, who should recognise the importance of dealing with concerns appropriately and confidentially.

When should you seek legal advice? There are many situations in which obtaining legal advice at an early stage can be beneficial. For example, if you are worried about the implications of making a complaint, obtaining legal advice can help you understand your rights and make an informed decision about the next steps. Similarly, if you do not feel that your employer is taking appropriate action, or if you have experienced repercussions after raising concerns, such as being excluded or overlooked for opportunities, it is important to take legal advice to understand the options available to you, particularly as there are strict time limits associated with Employment Tribunal claims. If you are concerned about your treatment at work or would like advice on your legal rights or responsibilities, our specialist Employment team would be happy to help. Please get in touch for confidential advice tailored to your circumstances. Speak to our

Employment Team Call 0161 941 4000 Email lawyers@myerson.co.uk Website www.myerson.co.uk

Selling or Purchasing a Property? Our experienced, qualified property solicitors can assist with all residential sale and purchase transactions. Our team is recognised as one of the friendliest and most approachable in South Manchester and Cheshire, whilst at the same time being the market leader in terms of service levels. You will have one dedicated solicitor who will work with you and provide unprompted updates on the progress of your transaction.

For more information Contact our Residential Property solicitors:

lawyers@myerson.co.uk or call 0161 941 4000

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How to Keep Your Property Purchase Moving Buying a new home is exciting, but the conveyancing process can take time. For buyers hoping to complete their purchase as smoothly and efficiently as possible, careful planning is essential. What does the conveyancing process look like for a buyer?

Completing these promptly can help avoid unnecessary delays at the outset.

Ultimately, every transaction is different, but the process will follow the same stages. If you are hoping to complete your purchase within a particular timeframe, it is important to instruct a solicitor promptly.

Once the draft contract documentation has been received from the seller’s solicitor, searches can be ordered. These will typically include:

According to Home Data, a typical UK house purchase takes around 12 to 16 weeks from an offer being accepted to completion. However, the timescale can vary considerably depending on factors including: the length of the chain, mortgage arrangements, searches and any legal issues identified during the transaction. Once you have instructed your solicitor, there will usually be several initial steps for you to complete. These may include: completing initial paperwork, providing identification and evidence of your source of funds and source of wealth, paying money on account for searches and progressing your mortgage application, where applicable.

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A local search;

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An environmental search;

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A plan search; and

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A drainage and water search.

There may also be other searches carried out that are specific to the local area, such as coal mining or salt mining. Whilst your searches are being processed, you may also wish to instruct a surveyor to conduct an appropriate survey of the property. Upon receipt, you should forward a copy to your solicitor, who will review the legal section only.

Your solicitor will then review the draft contract pack, searches and survey and raise any necessary enquiries in relation to the property. At this stage, you will also have an opportunity to review the protocol forms (Property Information Form, Fittings and Contents Form and the Leasehold Information Form, if applicable) and bring any discrepancies to your solicitor’s attention. It is prudent to review these quickly in order to maintain momentum. Following completion of the enquiry stage, your solicitor will prepare a Report on Title for your approval, accompanied by the documents for signing. If you have any questions at this stage, it is essential that you bring these to your solicitor’s attention before contracts are exchanged. At Myerson, we encourage our clients to come into the office for a face-to-face meeting if they have any concerns or would like to discuss anything further. If you are happy to proceed, you will then be prompted to transfer your deposit (generally 10% of the purchase price) to your solicitor in readiness for contracts being exchanged. This is a crucial milestone in the legal process as, from this point, the transaction and completion date will be legally binding. After contracts have been exchanged, your solicitor will make the final preparations for completion. At this point, the balance required for completion is sent to the seller’s solicitor and, upon receipt, the agent is authorised to release the keys to you as the new owner of the property.

How can I ensure that the process is as seamless as possible? To give your property purchase the best chance of progressing smoothly, it is important to be organised and think ahead. From experience, the following tips can help keep the transaction moving: •

Ensure your paperwork is in order. Incomplete or late documentation can stall your solicitor and cause unnecessary delays. It is wise to have

your compliance paperwork (ID and proof of address) at your fingertips and upload your source of funds/wealth evidence as soon as you are prompted to do so; •

Respond to your solicitor promptly. Pick up the phone if you need any clarification;

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Don’t leave payment for your searches until the eleventh hour. Ultimately, your specific local authority will determine the turnaround time, but it is better to be in the queue sooner rather than later;

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Arrange your mortgage early. If you require a mortgage, getting the application underway promptly can help avoid unnecessary delays.

Buying a property can be stressful, particularly if you are working towards a specified completion date, but being organised from the outset and working closely with your solicitor can help minimise some of that pressure.

At Myerson, we have a small, close-knit team of qualified solicitors on hand to keep your transaction moving and help minimise the risk of delays. We do not operate a bulk conveyancing model, meaning our team has the time to focus on your matter and provide a bespoke, personal service. one of our Speak to our

Residential Property Team Call 0161 941 4000 Email lawyers@myerson.co.uk Website www.myerson.co.uk

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Property Disputes After Separation: TOLATA and

Proposed Reforms for Unmarried Couples

When relationships break down or co-owners of a property find themselves in dispute, questions can arise about who owns what share of the property, who has the right to live there and whether the property should be sold. In England and Wales, where the parties are unmarried, these issues are commonly resolved under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). Where there is no express declaration of trust setting out each party’s beneficial interest in the property, the court may be asked to determine their respective shares. Where a property is jointly owned as joint tenants, the court will generally start from the position that the parties own the property equally. However, depending on the circumstances and the evidence available, the court may determine that their beneficial shares are different. Two types of trust that may be relevant are: Resulting Trusts: These are typically based on the financial contributions made by the parties towards the purchase price of the property, unless a contribution was clearly intended as a gift. Resulting trusts are more commonly relevant in a business context. Constructive Trusts: Constructive trusts relate to a common understanding that a joint owner has shared ownership of the property rather than mere occupancy. TOLATA is applicable to a variety of situations involving joint ownership, including: Moving in with a new partner: for example, whether contributions to mortgage payments or substantial household expenditure amount to a beneficial interest within the property; Where one party has carried out substantial work on a property that they do not legally own: this could involve one party funding a significant extension, refurbishment or structural improvement work. Whilst such expenditure does not automatically create a beneficial interest, it may provide evidence of a common intention that ownership would be shared; and Inherited property: disputes can arise where multiple beneficiaries inherit a property jointly but cannot agree on matters such as occupation rights.

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The precise remedy sought will depend on the nature of the dispute and the objectives of the parties.

Proposed Reforms:

When bringing a TOLATA claim, it is essential to provide a clear and detailed explanation of the circumstances giving rise to your claimed interest in the property. This will often involve demonstrating your financial contributions towards acquiring or maintaining the property, alongside any other evidence supporting your claim to a share of the property. This may include evidence that you acted to your detriment in reliance on a mutual intention that ownership would be shared. However, given the time, financial expense and emotional impact of pursuing a TOLATA claim through the County Court or High Court, it is often advisable to explore alternative dispute resolution before proceeding to trial. Mediation, for example, can provide an opportunity for the parties to reach a mutually acceptable outcome without the need for lengthy court proceedings.

Remedies: The court has broad powers under TOLATA and may make a variety of orders depending on the circumstances of the dispute. These powers include: •

Declaring whether a beneficial interest exists;

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Determining the extent of each party’s beneficial share;

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Ordering the sale of a property;

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Regulating occupation rights; and

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Determining how the proceeds of sale should be distributed.

On 5 June 2026, the UK Government launched a consultation on the topic of cohabitation rights which, amongst other reforms, sets out the government’s proposal for additional protections for couples who have either: •

Lived together for at least three years;

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Or lived together and have a child together.

In short, the government aims to reform the law for cohabitants on separation to promote a ‘clean break’ between parties through greater flexibility which aims to reduce the financial difficulties which cohabitants can face when relationships end. However, it is important to note that these proposals remain subject to the consultation process and may therefore be amended before they are enacted into law. Whilst the government’s proposals could bring significant change for unmarried couples, not everyone will be eligible to make a claim under the proposed framework. For those who do not meet the eligibility criteria, or who are unable to bring a claim within the required time limit, TOLATA is likely to remain an important route for resolving property disputes, particularly those involving jointly owned property. Contact our legal experts for more information. Speak to one of our

Property Litigation Team Call 0161 941 4000 Email lawyers@myerson.co.uk Website www.myerson.co.uk

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Restrictive Covenants:

Managing the Risks When You Move On From a Job Moving to a new role can be an exciting career step. You may be joining a competitor, setting up your own business or taking the opportunity to work with people you have built relationships with over many years. However, if you are a senior executive, director, partner or other key employee, leaving a business can come with legal restrictions that continue after your employment has ended. These are commonly known as restrictive covenants and overlooking them can turn a career move into a costly dispute.

What are restrictive covenants? Restrictive covenants are contractual terms designed to protect an employer’s legitimate business interests after an employee leaves. Depending on your contract, they may seek to prevent you for a specified period from: •

Joining or working for a competing business;

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Setting up a competing business;

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Approaching or doing business with certain clients or customers;

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Encouraging colleagues to leave and join you elsewhere; or

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Interfering with particular suppliers or business relationships.

You may also have continuing obligations relating to confidential information and company property. Restrictive covenants are particularly common in senior roles and in sectors where personal relationships, confidential information and client connections are commercially important.

Does signing a restrictive covenant mean it is automatically enforceable? No. The fact that a restriction appears in your employment contract does not necessarily mean that your former employer can enforce it. The wording, duration and scope of the restriction all matter. Broadly, a restrictive covenant must protect a legitimate business interest and go no further than is reasonably necessary to protect that interest.

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This means the enforceability of a restriction will depend on the particular circumstances. A restriction that may be reasonable for one employee could be unreasonable for another. However, you should not simply assume that a covenant will be unenforceable because it appears particularly restrictive. If your next move could potentially breach your contract, it is sensible to understand your position before taking action.

Moving to a competitor One of the first things to consider is exactly what your contract prevents you from doing. There can be an important difference between restrictions on working for a competitor and restrictions on contacting or dealing with particular clients. For example, your contract might allow you to join a competing business but prevent you from soliciting certain clients for six months. Another contract may contain a wider noncompete restriction, which prevents you from working for a competitor for twelve months. Ideally, review your contract before accepting a new position or making commitments about the clients, work or contacts you might bring with you. Your new employer should also understand any restrictions that apply to you. In some circumstances, a former employer may consider pursuing a claim against a new employer if it knowingly becomes involved in a breach of your obligations.

Be particularly careful about client relationships You may have developed close professional relationships with clients over many years and naturally want those relationships to continue when you move. This can be one of the most sensitive areas when restrictive covenants are involved. There can be significant legal differences between a client independently deciding to follow you and you actively encouraging that

client to move their business. The precise wording of your contract is crucial. A nonsolicitation clause may seek to prevent you from approaching particular clients, while a non-dealing clause can potentially prevent you from doing business with them even if they approach you first. Before contacting clients about your departure or new role, check exactly what your contract says.

Think carefully about information and documents Taking client lists, contact details, pricing information, business plans or other confidential material with you can create additional problems beyond the restrictive covenants themselves. This includes forwarding information to a personal email address, downloading documents or transferring files to personal devices or cloud storage. Businesses investigating a suspected breach may review email accounts and IT records, including downloads, uploads, USB activity and cloud storage. You should therefore be extremely careful about what information you access, retain or transfer as you prepare to leave.

What if your former employer alleges that you have breached your restrictions? Do not ignore the allegation. Your former employer may send a formal letter requiring you to stop particular activity and may ask you to provide legally binding undertakings confirming what you will and will not do. An undertaking is a formal promise and can provide a way of resolving a dispute without immediately proceeding to a full court hearing. However, you should take legal advice before agreeing to one so that you understand precisely what you are committing to. If the matter cannot be resolved, your former employer may seek an injunction.

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An injunction is a court order that can require you to stop particular conduct while the wider dispute is determined. In restrictive covenant cases, timing can be critical because the restrictions themselves are usually limited to a particular period. Your former employer may also pursue a claim for financial losses it says have resulted from the alleged breach.

Consider your communications. Be cautious about discussions with clients, colleagues and other business contacts before and after your departure.

Do not take confidential information. Think carefully before emailing, downloading, copying or retaining company information.

Planning to set up your own business?

Take advice early if you are unsure. It is usually easier to manage potential problems before you make your move than to respond once a dispute has begun.

The same considerations apply if you are leaving employment to establish your own competing venture. Before launching, consider your restrictions alongside your plans for clients, employees and the information you intend to use in the new business. A seemingly straightforward conversation with a former client or colleague can take on greater significance if your previous contract contains restrictions on solicitation, dealing or recruitment. Taking advice at the planning stage can help you understand what you can legitimately do and, just as importantly, what you should avoid until your restrictions have expired.

Five things to consider before you leave 1

Find your contract and read it carefully. Do not rely on what you remember signing several years ago.

Identify each restriction. Look at who and what it covers, how long it lasts and when the restricted period begins.

Moving on with confidence Restrictive covenants do not necessarily prevent you from progressing your career, joining a competitor or establishing your own business. However, they should form part of your planning. Understanding the restrictions that apply to you before you leave can help you make informed decisions about your next role, how you communicate your departure and how you manage relationships with clients and colleagues. If you are considering a move and are concerned about restrictive covenants in your contract, Myerson Solicitors can advise you on your position, the enforceability of the restrictions and the practical steps you can take to reduce the risk of a dispute. Speak to our

Dispute Resolution Team Call 0161 941 4000 Email lawyers@myerson.co.uk Website www.myerson.co.uk

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Grandparents’ Rights:

Maintaining a Relationship with Your Grandchildren Grandparents can play an important role in a child’s life, providing love, stability and support. But when family relationships break down, they can sometimes find themselves unable to see or spend time with their grandchildren. Although grandparents do not have automatic legal rights in relation to their grandchildren, there are options available to help maintain or re-establish these important relationships. We look at the legal position for grandparents and the options available both in and out of court. The Role of a grandparent in the eyes of the law The Children Act 1989 (“CA 1989”) defines a “relative” of a child as a grandparent, brother, sister, uncle, aunt or step-parent who is married to or in a civil partnership with a parent of the child. In the eyes of the law, grandparents are generally considered extended family members. This means that, unlike parents, grandparents do not automatically have parental responsibility or an automatic right to spend time with their grandchildren, even where they play a significant role in the child’s upbringing. This does not mean grandparents are without options. Arrangements can often be agreed directly with the child’s parents or carers or, where this is not possible, there are legal routes that may be available.

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Resolving matters outside of Court Before considering court proceedings, grandparents should explore whether arrangements can be reached by agreement. Where possible, resolving matters outside of court can help families preserve relationships and avoid some of the stress, delay and cost associated with court proceedings. •

Before making most court applications concerning children, a grandparent will usually need to attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies, for example in certain cases involving domestic abuse. The purpose of a MIAM is to consider whether mediation or another way of resolving the dispute outside of court could be suitable. Collaborative law

Collaborative law offers another way for families to resolve matters without going to court. Each party appoints their own collaboratively trained solicitor and works towards an agreement through a series of discussions and meetings. The process can provide greater flexibility and encourage constructive communication between family members, with the focus remaining on finding a solution that works for the child and the wider family.

What court applications can grandparents make? Unfortunately, it is not always possible to reach an agreement outside of court. In these circumstances, a grandparent may consider applying to the Family Court.

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Child arrangements orders, which can determine where a child lives and who they spend time or otherwise have contact with;

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Specific Issue Orders, which can determine a particular question about a child’s upbringing; and

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Prohibited Steps Orders, which can prevent someone from taking a particular action in relation to a child.

Mediation

Mediation involves an independent, impartial mediator helping grandparents and the child’s parent or carer discuss their concerns and explore whether an agreement can be reached.

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Depending on the circumstances, the court can make different orders concerning a child, including:

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Do grandparents have an automatic right to make an application? Unlike parents, grandparents will often need the court’s permission before they can make an application for a Child Arrangements Order or certain other orders concerning a grandchild. There are exceptions. For example, a grandparent may be able to apply without first seeking permission where the child has lived with them for at least one year immediately before the application. The position will depend on the individual circumstances. Where permission is required, the court will consider factors including the nature of the proposed application, the grandparent’s connection with the child and whether the application could disrupt the child’s life to such an extent that they would be harmed by it. The existing relationship between grandparent and grandchild can therefore be particularly important. For example, a grandparent who has provided regular childcare or previously acted as a primary carer may be able to demonstrate a particularly strong connection with the child.

What will the court consider when deciding whether to grant permission? If an application proceeds, the child’s welfare will be the court’s paramount consideration. The focus is not on what is fair to the adults involved, but on what is in the child’s best interests. When assessing a child’s welfare, the court can consider a number of factors, including: •

The child’s wishes and feelings, taking into account their age and understanding;

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Their physical, emotional and educational needs;

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The likely effect of any change in circumstances;

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Their age, background and relevant characteristics;

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Any risk of harm; and

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The capability of those seeking to meet the child’s needs.

Every family is different, and the court will consider the particular circumstances and relationships involved before deciding what arrangements are in the child’s best interests.

How Myerson can help Grandparents can be an important source of love, support and stability in a child’s life. Although they do not have an automatic right to spend time with their grandchildren, there are several ways in which arrangements can be agreed or, where necessary, pursued through the courts. Where relationships have broken down, taking advice at an early stage can help grandparents understand their options and consider the best way forward while keeping the child’s needs at the heart of any decisions.

Speak to our

Family Law Team Call 0161 941 4000 Email lawyers@myerson.co.uk Website www.myerson.co.uk

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Myerson Team Takes on Shine Night Walk in Memory of Barbara Allman A team from Myerson Solicitors took part in the Shine Night Walk Manchester on Friday 2nd October, raising money for Cancer Research UK in memory of our much-loved colleague, Barbara Allman. Colleagues from across the firm came together to take on the 10k and Half Marathon routes, walking through the streets of Manchester at night in support of Cancer Research UK’s vital work. Barbara sadly passed away in February 2026. She was a wonderful colleague and a familiar, friendly face to many of our clients, contacts and visitors to the Myerson office. She made a lasting impact on those who knew her and is greatly missed by everyone at Myerson. Taking part in the Shine Night Walk gave us an opportunity to come together, remember Barbara and raise money for a cause that means a great deal to us.

A huge thank you to everyone who supported the team and generously donated. You can still support our fundraising for Cancer Research UK through our JustGiving page.

Scan QR Code to support.

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Our People: New Roles, Promotions and Future Talent It has been a busy few months at Myerson Solicitors, with developments across the firm as we continue to grow and invest in our people. In September, Richard Lloyd became our Chief Executive, succeeding Carl Newton, who has moved into the role of Chair of the Board after 21 years as Chief Executive. Richard has been with Myerson for 26 years and was previously our Chief Operating Officer, providing continuity as the firm continues its growth. We have also celebrated six Partner promotions. David Jones and Robert Brothers have been promoted in Commercial Litigation, Ryan Fletcher in Corporate and Carly Traverse in Residential Property, alongside Ashley Reynolds, Head of Marketing, and Chris Wilson, Head of Business Development. And while we have celebrated colleagues progressing to some of the most senior positions within Myerson, we have also welcomed our latest cohort of apprentices and trainee solicitors, supporting talented people at the beginning of their careers as they develop their skills and work towards qualification. Our team now includes more than 165 people and 30 Partners, bringing together expertise across business and personal legal services. As a 100% employee-owned firm, developing our people and creating opportunities to build long-term careers at Myerson remains an important part of who we are.

Richard Lloyd, Chief Executive ISSUE 24 // 2026

Family life isn’t always simple. We’re here to help. Join Myerson’s Family Law experts and guest specialists as they explore the real issues behind family and relationship challenges. Clear advice. Practical support. Real conversations. Listen now – search “MyFamily Pod” on your favourite platform.

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Myerson Solicitors Grosvenor House, 20 Barrington Road, Altrincham, Cheshire, WA14 1HB Tel: 0161 941 4000 | lawyers@myerson.co.uk www.myerson.co.uk Content within these articles is for general information only and does not constitute legal advice. Specialist legal advice should be taken in relation to specific circumstances. Myerson and Myerson Solicitors are trading styles of Myerson Limited, a company registered in England & Wales number 15557117, whose registered office is as above. The term “Partner” used in connection with Myerson Limited and its trading names, refers to a director of Myerson Limited or a senior employee of equivalent or similar status and does not create nor indicate any relationship of any legal partnership as between any of the persons so designated and/or by any such persons and Myerson Limited. A list of Partners is available for inspection at our registered office. This firm is authorised and regulated by the Solicitors Regulation Authority number 8007783.