Divorce is often fraught with uncertainty for a myriad of reasons, care of dependants, financial settlement and imagining life post-divorce among them. The Court system seeks to mitigate this uncertainty by requiring full and frank disclosure from all parties so that reasonable provision can be made in line with an individual’s circumstances. In a recent landmark ruling, the Supreme Court has highlighted the importance of disclosure by overturning two Court of Appeal decisions. Continue reading Honesty in the First Instance 18/01/16
A change in Stamp Duty Land Tax for the purchase of additional residential properties was announced in the Chancellor’s Autumn Statement:
Help to Buy ISAs were announced by the Chancellor of the Exchequer in his budget in March 2015 and they are now available from a number of banks and building societies. What you need to know: Continue reading Help to Buy ISAs 03/12/15
Alternative Dispute Resolution (ADR) typically refers to any means by which a dispute may be settled outside of the courtroom; it can include mediation, arbitration and conciliation among other approaches. In recent years, the amount of litigants choosing to pursue this route has been climbing higher and higher, but why? Continue reading Alternative Dispute Resolution: Amity in Disputes?
In March 2015, Court fees rose – in some cases by up to 600%. Concerns were raised that rather than creating profitable judicial reform to combat the deficit, this decision along with cuts to legal aid would simply serve to price the public and small businesses out of the Court system thus leaving many who are due justice lacking the means to seize it. Continue reading Enhanced Court Fees and Online Action
Concerns have been raised as to whether people can still disinherit their children following a recent case where the Court of Appeal ruled that the estranged daughter of a woman who left most of her estate to charity could make a claim against her late mothers estate, under the Inheritance (Provision for Family and Dependants) Act 1975 (IPFDA 1975). Continue reading Is there such a thing as testamentary freedom in England and Wales anymore?
A recent poll by Veyo, the conveyancing portal venture of the Law Society and Mastek UK, has revealed that one in four homebuyers are willing to pay more for a faster conveyancing service. The findings include: Continue reading Homebuyers see speed as the priority
When someone dies, their property and assets must be collected in and distributed in accordance with the terms of the deceased’s will, or under the statutory rules of intestacy if there is no valid will. All estate debts must first be paid off before the net estate can be distributed among the beneficiaries.
Historically Trusts in Wills were predominantly used for Inheritance Tax Planning, but following the introduction of the Transferable Nil Rate Band in October 2007, Will Trusts are now used more for protecting assets and/or beneficiaries. Continue reading Immediate Post Death Interest Trusts – Life Interest Trusts