Archived Articles about Legal

The Facts Associated With No Win No Fee Asbestos Claims    By: Vijay K Shetty
Do know about the terms related to ‘no win no fee asbestos claims’ and claims? You will usually come across these terms on miscellaneous Medias such as radio or TV ads. These are found on news papers as well. Additionally, you can also observe these throughout the internet. It is a most traditional term from along time. In fact, if you attempt these words on net for searching information then you would certainly come across around millions of results. Let’s it make clear if you are not greatly familiar with this chapter.(read entire article)(posted on: 2011-01-21)
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Toronto Criminal Lawyers – Protect Your Case With A Strong & Knowledgeable Defence Team    By: Groshan Fabiola
If you have been arrested for committing a criminal felony and the charges filed against you look solid and serious, what you need is the assistance and guidance of a reputable Toronto criminal law firm(read entire article)(posted on: 2011-01-21)
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Why The Power Of Attorney Document Is Useful?    By: Herry Taylor
General Power of Attorney This article contains all the information in relation to general power of attorney. It explains how to use general power of attorney and how you can cap the powers of attorney/agent. General Power of Attorney The General Power of Attorney is a document that will appoint an attorney to act on your behalf regarding general activities such as personal and/or financial matters. Use of the Term There are significant differences between powers of attorney in England (and Wales) and Scotland, including different terminology. In England the person giving another person the power to act on their behalf is called the ""Donor""; in Scotland he/she is called the ""Granter"". The person or persons to whom the powers are granted are called ""Attorneys"". Function of General Power of Attorney Usually, a General Power of Attorney is created for a set period of time in cases where the donor is going abroad or is unable to act for some other reason and wishes someone else to have the authority to act on his or her behalf. A General Power of Attorney will usually end either at a specified time or upon the request of the donor at any time using a deed of revocation and will automatically be revoked if the donor loses mental capacity. There is no requirement for the General Power of Attorney to be registered. Enduring Power of Attorney The Mental Capacity Act 2005 replaced Enduring Powers of Attorney (EPAs) with Lasting Powers of Attorney from 1 October 2007. From this date it is no longer possible to create a new EPA. Existing but un-registered EPAs can continue to be registered after 1 October 2007. Lasting Power of Attorney Lasting Powers of Attorney (LPAs) were introduced by the Mental Capacity Act 2005 from 1 October 2007. They allow individuals to appoint Attorneys to look after their property and financial affairs (a Property and Financial Affairs LPA) and also to make health and personal welfare decisions (a Health and Welfare LPA) when they lack the capacity to make these decisions themselves in the future. The Attorney(s) can only use the LPA after it has been registered with the Office of the Public Guardian. Continuing Power of Attorney A Continuing Power of Attorney allows the donor to appoint a legally authorised person to look after their property and financial affairs should they become incapable of doing so themselves at some point in the future. It remains valid after the donor has become mentally incapable and must be registered to be effective. In What Situations General Power Of Attorney Applies? You have to decide one or more of the following tasks that your attorney-in-fact will carry out on your behalf from time to time: - manage your properties - preparing and filing income tax returns - making decisions regarding health care - do transactions at the bank and pay your bills - handle your retirement and insurance benefits - collect your social security benefits - handle your legal claims You have two options when deciding how much authority you are going to allow to your agent. You can give either general or a limited power. The right choice depends on your needs and preferences when it comes to managing your affairs. What to Consider In Choosing an Attorney Age It is a basic factor in determining whether someone is fit to become your attorney. You must choose a person who is a lot younger than you are since he or she can carry out the responsibilities for a longer time compared to the older ones. Younger person is relatively healthier then his older counterpart, so he can handle your asset without much hassle. The person who can do the duties Typically, elderly people appoint their eldest child as their agent. But how can they be so sure that their child will be able to perform all the responsibilities? If you have more then one child, it is better to divide the power of attorney among your children. Trust You must appoint a person to whom you trust most. Comfort You must be comfortable with your attorney in dealing any issue. On the process of drafting the power of attorney document, you will have to discuss all the terms in it; therefore, it is important that the agent won’t be too much headache for you. Amount of control How much authority are you willing to grant to your agent in terms of decision making and performing your tasks on your behalf? That is a crucial. You may opt for several limited powers of attorney if you are not comfortable with the idea of giving your agent full control over your assets and personal matters. Legal requirements A person must meet certain requirements according to the laws. For example, an agent should be of sound mind to be able to make the right decision. Does the person truly understand your feelings? He should know you well so as to understand your own point of views and opinions. Is the person easily available? Appoint an agent who is easily accessible or available, so that you can contact him in case of emergency. Work experience. It may be important to choose an agent that has some experience in finance or legal matters. Can Donor place some Limitations? The donor can place limits on what the attorney can do, and on the length of time for which the power operates. So, for example, a donor might give an attorney power to: 1-manage the donor’s financial affairs generally while they are abroad, until a given date 2-sell the donor’s house, if the donor has already moved abroad and is not available to sign the sale documents; or 3-do everything except sell the donor’s house. The Pros and Cons Of The Power Of Attorney Why the document is useful The general power of attorney would be useful if, for example, you are selling your home and the exchange of contracts is due to take place around the time when you will be away on holiday. Then, if there are problems while you are away on holiday - e.g. a last minute amendment to what is included within the fixtures and fittings of the property - these amendments can be signed off by your 'attorney' under your general power of attorney. Failure to have a power of attorney in place may mean that, in this scenario, you cannot complete the paperwork in the proper form accepted by solicitors and Land Registry for a property sale even if you fully know and have agreed to all the amendments. Problem lies with power of attorney Remember that in giving a power of attorney to someone, you are basically giving up all your powers in favour of your attorney. For instance, your agent has full right to agree or refuse to sign a contract on your behalf. If the agent turns out to be corrupt, then any transaction that he handles is at risk for fraud. Thus, giving that kind of power to one person can be very risky even if you plan to monitor all the transaction made in your name.(read entire article)(posted on: 2011-01-20)
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Distribution Agreements - Benefits And Risks    By: Herry Taylor
A distribution agreement is a legally binding contract and regulates the commercial terms between a supplier of goods and a distributor of goods. The supplier of the goods supplies the goods to the distributor for resale in specified territory. The supplier may be a manufacturer, or may itself be a distributor reselling another's goods. A distribution agreement is a prevalent alternative to an agency agreement as it permits a business to utilize local knowledge and market share with out being subject to the Commercial Agents (Council Directive) Regulations 1993. The line of demarcation between agency and distribution agreements is that with an agency arrangement the goods do not pass to the agent and the contract remains with the business. The agent merely acts on behalf of the business and usually takes a commission. With a distribution agreement the ownership of the goods passes to the distributor who then sells them directly to the customer. Distribution agreement may be exclusive or non exclusive. Distribution agreement is a chief tool which creates a relationship between a distributor and a supplier and sets forth that how the parties will work together. The manufacturer will grant to the distributor exclusivity over a specified territory and/or product line and/or sales channel via exclusive distribution agreement. Distribution agreements are based on the commercial laws of England and Wales your business is subject to. Your distribution agreement should cover the following clauses: • details of the parties • details of the goods • rights and responsibilities of Supplier • rights and responsibilities of Distributor • Contract period • title and risk • restrictions on Distributor • marketing rights • supply of goods and/or services • payment terms • technical support • Trade mark licensing • Confidential information • Circumstances in which agreement may be terminated • Consequences of termination Distribution agreements generally incorporate terms and conditions of supply, sometimes in the body of the agreement and sometimes as a schedule or annex to the agreement. These should cover all the basic essential pertaining to supplies, including the delivery of goods, the transfer of risk in and title to the goods, inspection requirements and returns. Fair distribution agreement will provide opportunities to make money for both the manufacturer and supplier. Unless agreed by the both parties, changes into the distribution agreement can not be made and will require a new agreement to be signed. When you are choosing a distributor it is essential that you choose someone who will maximize the sales of your product. If you are going to be selling your product into a new market it is also important to find someone with in-depth knowledge of that market. Businesses selling complementary products can make good distribution partners.(read entire article)(posted on: 2011-01-20)
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What Should Be Included In Your Will Or Testament?    By: Herry Taylor
Wills - Last Will and Testament A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death. In the strictest sense, a ""will"" has historically been limited to real property while ""testament"" applies only to dispositions of personal property (thus giving rise to the popular title of the document as ""Last Will and Testament""), though this distinction is seldom observed today Why it is important to make a Will This is a bullet-point summary of reasons:- • You choose your own executor to carry out your wishes • You appoint a guardian for your minor children and children yet unborn (Especially for a mother to appoint a father who does not already have parental responsibility. For further information click here • You decide who is to inherit your property and (sometimes) at what age • You avoid an intestacy and rules which can send your property in unexpected directions (even to the government) • A will can provide flexibility and cost control in administering your estate • (Sometimes) opportunities to minimise inheritance tax • Avoids much uncertainty and anxiety and drawn-out procedure for your family • Enjoy peace of mind! What happens if I die without a Will? The law sets out clear rules for what happens to your estate - property, personal possessions and cash - if you die without a Will. Passing away without a Will is known in legal terms as dying intestate and the rules that govern the distribution of the estate in such circumstances is known as the law of intestacy. Requirements for a Valid Will In order for a will to be valid, it must be:- • Made by a person who is 18 years old or over; and • Made voluntarily and without pressure from any other person; and • Made by a person who is of sound mind. This means the person must be fully aware of the nature of the document being written or signed and aware of the property and the identify of the people who may inherit; and • in writing; and • Signed by the person making the will in the presence of two witnesses; and • Signed by the two witnesses, in the presence of the person making the will, after it has been signed. A witness or the married partner of a witness cannot benefit from a will. If a witness is a beneficiary (or the married partner or civil partner of a beneficiary), the will is still valid but the beneficiary will not be able to inherit under the will. Although it will be legally valid even if it is not dated, it is advisable to ensure that the will also includes the date on which it is signed. As soon as the will is signed and witnessed, it is complete. If someone makes a will but it is not legally valid, on their death their estate will be shared out under certain rules, not according to the wishes expressed What should be included in your Will Before you write your will or consult a solicitor, it's a good idea to think about what you want included in your will. You should consider: • how much money and what property and possessions you have • who you want to benefit from your will • who should look after any children under 18 years of age • who is going to sort out your estate and carry out your wishes after your death - that is your executor Who are Executors Executors are the people who will be responsible for carrying out your wishes and for sorting out the estate. They will have to collect together all the assets of the estate, deal with all the paperwork and pay all the debts, taxes and funeral and administration costs out of money in the estate. They will need to pay out the gifts and transfer any property to beneficiaries. Where to keep a Will Once a will has been made, it should be kept in a safe place and other documents should not be attached to it. There are a number of places where you can keep a will:- • at home • with a solicitor • at a bank Change of Circumstances When a will has been made, it is important to keep it up to date to take account of changes in circumstances. It is advisable for you to reconsider the contents of a will regularly to make sure that it still reflects your wishes. The most common changes of circumstances which affect a will are:- • getting married, remarried or registering a civil partnership • getting divorced, dissolving a civil partnership or separating • the birth or adoption of children, if you wish to add these as beneficiaries in a will. How to change a Will You may want to change your will because there has been a change of circumstances. You must not do this by amending the original will after it has been signed and witnessed. Any obvious alterations on the face of the will are assumed to have been made at a later date and so do not form parts of the original legally valid will. The only way you can change a will is by making:- • a codicil to the will; or • a new will. Codicils A codicil is a supplement to a will which makes some alterations but leaves the rest of it intact. This might be done, for example, to increase a cash legacy, change an executor or guardian named in a will, or to add beneficiaries. A codicil must be signed by the person who made the will and be witnessed in the same way. However, the witnesses do not have to be the same as for the original will. There is no limit on how many codicils can be added to a will, but they are only suitable for very straightforward changes. If a complicated change is involved, it is usually advisable to make a new will. Is your Last Will and Testament up-to-date? It is advisable to get out your Last Will and Testament to check it occasionally because: • An existing will may contain a legacy that has been distorted by inflation • Your circumstances may have changed since you wrote the last will – this includes getting married or divorced where a will can become partially invalidated • An existing will may contain a gift to someone who has died • Some people may be left out – for instance a new grandchild or a new close friend • An existing will may refer to an executor who may have died, or who may no longer wish to act for you. (Nominating a firm of solicitors as joint executors is a safe-guard.) An existing will can be updated using a codicil, or by re-making your will. It is usually better to re-make your Last Will and Testament.(read entire article)(posted on: 2011-01-20)
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Strathclyde Police Warning On Identity Theft Fraud, Scam And Boiler Room Associates    By: Strathclyde Police and Associates
Your identity value and how to protect your details against identity theft. As technology advances, fraudsters have become increasingly sophisticated.(read entire article)(posted on: 2011-01-20)
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How Generate A New York Statement Of Net Worth    By: Mayank Kapur
EzSupport-NY captures the financial data pertinent to all no fault divorce cases in New York State. Our clear and easy-to-use forms collect information, prompting expansions for an unlimited number of customizations.(read entire article)(posted on: 2011-01-20)
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Does A Homeowner’s Insurance Carrier Have The Duty To Defend When The Policy Contains Exclusion?    By: Samuel D. Bornstein
If you have a homeowner’s policy of insurance, this may interest you.(read entire article)(posted on: 2011-01-19)
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Getting Defense On Your Side With An Nh Dwi Lawyer    By: Julia Bennet
Drinking and driving is something that everyone knows they should not do, but it is still good to know an NH DWI lawyer in case you ever need one. Whether you are guilty or innocent, you will never be able to win a case or at the very least get your side heard clearly if you do not have a Portsmouth DWI lawyer. This is especially true if you are a driver yourself and especially helpful when you are the kind of person who likes to take a swig before driving.(read entire article)(posted on: 2011-01-19)
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Benefits Of Hiring A Mpls Divorce Attorney    By: Sunil Punjabi
When pursuing a divorce case in Minneapolis, the advantage is of having a MPLS divorce attorney fight your lawsuit. This gives you the edge of superior legal expertise, vast experience and a wealth of knowledge in the specialist handling your case.(read entire article)(posted on: 2011-01-19)
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