Search articles

Inheritance Act claims: More uncertainty over time limits

Posted by , Associate

In the recent case of Cowan v Foreman a widow attempted to make a claim on an estate 17 months after the relevant deadline had passed. The judge refused to give permission for her late claim, suggesting a stricter approach should be adopted by the court in the future. However, a recent decision in the case of Bhusate v Patel, to allow a widow to make a claim over 25 years out of time, suggests that this strict approach may not be adopted for every case.

Read more

A rare successful undue influence case

Posted by , Paralegal (ACILEx)

It has long been established that a Will can be challenged on the grounds of undue influence. However the evidential threshold to prove undue influence has been set high by the courts so successful cases are few and far between. This week one of these rare cases has been reported in the context of three daughters contesting their mother’s Will on the grounds that their father and brother pressured their mother to leave her whole estate to their brother.

Read more

Tax and legal issues for emigration from the UK

Posted by , Partner

Brexit

With the uncertainty around Brexit and talk of a potential general election, some are considering their options as to whether to remain in the UK or leave. We look at the some legal and tax issues that people may want to consider to make sure their affairs are in order in the UK before leaving.

Read more

A Will is burnt or destroyed so was it revoked? Not necessarily…

Posted by , Associate

The recent case of Blyth v Sykes brought up some interesting issues regarding conditional revocation of a Will. There is little case law in this area of Contentious Probate and establishing whether or not a Will has been effectively revoked is not always as straightforward as it might seem.

Read more

What’s the latest on Capital Gains Tax for Furnished Holiday Lets?

Posted by , Solicitor

In our previous article we focused on the uncertain inheritance tax treatment of furnished holiday lets (FHLs) and whether they can be classified as business assets which attract business property relief.

The position in relation to income tax and capital gains tax (CGT) is however much clearer – qualifying FHLs are considered to be trading businesses for both income tax and CGT purposes.

Read more

Deadlines for Inheritance Act claims: know your limits

Posted by , Associate

In a recent case the court has refused to grant permission to a widow who attempted to bring a claim under the Inheritance (Provision for Dependants) Act 1975 after the expiry of the 6 month time limit. Whilst cases may be brought after the expiry of the time limit, this case has emphasised that the authority for granting permission to do so rests solely with the court.

Read more

Ahead of the curve for clients

Posted by , Partner

Robert Pinheiro explains how we developed our private wealth proposition.

Read more

Celebrity and Criminal Convictions: can existing law enable high profile individuals to ban reporting of their past?

Posted by , Associate

Can a law designed to enable the rehabilitation of offenders be a new route for celebrities to improve their reputations? The recent actions of some media law firms on behalf of their clients shows a new approach citing the need for rehabilitation as a means of achieving a ban on reporting previous convictions.

Read more

Personal insolvencies the highest since 2011. Are we heading for another recession?

Posted by , Trainee Solicitor

People are now spending more each week than they did before the financial crisis. The latest Family Spending Survey carried out by the Office for National Statistics shows that household spending in the UK has reached its highest level for thirteen years.

Read more

Lasting Powers of Attorney – How to avoid misuse

Posted by , Associate

The Office of the Public Guardian is dealing with an increasing number of Lasting Powers of Attorney applications for registration. Unfortunately, there will always be cases of misuse and abuse where trust is involved. Here are steps that can be taken to minimise the risk of misuse or abuse if you make a Lasting Power of Attorney.

Read more

Deathbed weddings – why are they becoming more common for cohabiting couples?

Posted by , Solicitor

There has been a recent increase in cohabiting couples marrying at the last minute. So-called ‘deathbed weddings’ are to ensure that the surviving partner receives financial support when their spouse dies. The problem is that cohabiting couples are not treated the same as couples who are married or in a Civil Partnership, and could therefore suffer some shocking consequences as a result.

Read more

What to do if you’re an executor of an estate involving cryptocurrencies…

Posted by , Senior Associate
Contributing authors: , Hannah Welbourn, Bridget Maier and Abby Spittle

cryptocurrency

As people look for alternative ways to invest their money there are increasing numbers of estates which include digital currencies. However there are several issues that can arise, which can make dealing with their administration complex, time consuming and in some cases can mean that the asset is lost in its entirety. 

Read more

Search articles