So far in this series of blogs on Inheritance Tax I have talked about gifts being made, and making use of the annual allowance, small gifts exemption, gifts in contemplation of marriage or potentially exempt transfers. The common factor linking all of these types of gifts is that they are gifts of capital.
The long awaited Taylor review on working practices in the UK was published on Monday 11 July. It looked closely at the much talked about "gig economy" comprised of some 1.1 million workers such as Amazon and Hermes couriers and Uber taxi drivers. Such workers are currently classified as self employed and therefore do not enjoy the employment rights of employees and workers and have no guarantee of any work.
Business guidance has been issued by the Intellectual Property Office (IPO) relating to the Intellectual Property (Unjustified Threats) Act 2017, which was passed in April this year and is aimed at making life easier for businesses and individuals by clarifying what is and isn’t acceptable when threatening IP infringement against a third party.
Clients often ask this question. The facts seem clear. The law seems clear. The other side have no case. But they carry on oblivious and all efforts to show them that they are on a hiding to nothing, fall on deaf ears. And that can mean that a court case that should settle early drags on and costs more.
It is now one year since the UK voted to leave the EU and the issue of how this will affect international divorce cases in England and Wales remains uncertain. Until we have clarity, it is important to bear in mind two main issues that arise regarding the issuing of divorce proceedings.
The hung parliament result we have all been talking about means that it is difficult to assess the extent to which the Conservatives' plans for employment law reform will come to fruition. However, the manifesto was full of promises, some of which would have left employers a little concerned.
With Father’s Day approaching this Sunday, this is undoubtedly a good time to consider just what rights a father has towards a child. A recent court ruling saw a British woman go to jail after supplying an ex-partner with fake paternity test results in order to convince him that her daughter was his child.
For so long Energy Performance Certificates (EPCs) were little more than coloured paperwork forming part of a conveyancing transaction. This is all set to change from 1 April 2018 with regulations that require commercial properties being leased to have a minimum EPC rating of E. Landlords that rent out properties with lower ratings could face fines of up to £150,000.
This week is Mental Health Awareness Week and in recent days there have been numerous reports, articles and news items on the subject. Footballer Aaron Lennon has been detained under the Mental Health Act, whilst cricketer Andrew Flintoff has talked about the word “stigma” not being used when discussing mental health issues.
Intellectual property rights can easily be forgotten about when preparing Wills. However, if you are an author, musician, artist or have any other protected rights, then you will need to consider this at the time of preparing a Will.
Until recently, no one had an automatic right to see your Will, even if you had lost capacity to make a financial decision. If you wanted to allow your Attorney to see your Will, you would have to have included a specific condition in your Lasting Power of Attorney for Property & Financial Affairs or signed a separate letter to go with your Enduring Power of Attorney.
If you are an animal lover like me you would have been outraged when you heard about the case of Illot v Mitson. This was the case where the mother, Mrs Jackson, left her estate of £486,000 to three charities; The Blue Cross, the RSPB and the RSPCA. Her daughter, Heather Illott, took the matter to court arguing that she had not received “reasonable financial provision”. This was despite being estranged from her mother for some 26 years. If the court disregarded the Will, where does that leave... well, basically everyone with a Will!
Our specialist property litigation team successfully represented a property management company in a dispute with a couple keeping a dog in their £1million penthouse apartment, a clear breach of the terms of their lease.
From May 2017, the government is introducing a new set of Probate fees based on a banding system – the larger the value of the estate, the higher the fee. In many cases a Grant must be issued by the Probate Registry in order for personal representatives of a deceased person to access their assets. When this happens, upfront costs of around £200 are met by the representative and reclaimed later from the assets of the estate. But what if the upfront cost is £20,000?
This week is National Apprenticeship Week. What many employers don’t realise is that the term ‘apprenticeship’ can mean many things and, in legal terms, the contractual arrangements can be quite complex.
Family businesses are so important to commerce but without sensible protective steps they can easily implode and in the process destroy the family relationships on which they were founded. So how can you pre-empt these issues if they arise, and manage them effectively to avoid nuclear fallout?
As T2 – the sequel to the 1996 blockbuster film Trainspotting – hit cinema screens at the end of January, a new generation were introduced to a world of drugs and addictions. The new film is set 20 years later and with the original cast in their original roles. Despite the structure therefore being the same, it was important for the director to update it.
Choice, a common theme in both films, means that you have a choice whether to keep your affairs in order and up to date. The Trainspotting characters choose to ignore the future and possible problems they might have, and to live life for the moment. But what should you do?
As everybody returns to work and children start back at school, a sense of normality is descending upon us. The fun of a festive season is enjoyable whilst it lasts but it is important to look ahead to the forthcoming year, whether that is for you as an individual, or whether it is your business that you are planning ahead for.
There are a number of legal issues that can arise when children with disabilities move from paediatric to adult care. The transition can present challenges for families, who may need advice on how an Application to the Court of Protection for a Health and Welfare Order can give them the authority to make healthcare decisions for their child after they become a young adult. Without such an Order in place, a parent or member of the family has no legal right to interfere which that young adult’s care.
The confusion surrounding competition law has been a cause for concern for some time. With this in mind, the Competition and Markets Authority (CMA) has recently produced some resources in an effort to improve understanding of competition law.
Generally, litigation – the process of taking a dispute through the court to a final judgment – is something that any business will want to avoid. It can be as expensive as it is time consuming, and there are often much more efficient ways to resolve your dispute out of court. That is why alternative dispute resolution, such as arbitration and mediation, is becoming increasingly popular for businesses.
More and more people are entering into second or even third marriages, civil partnerships and long-term relationships later in life. Frequently they have property, investments and savings and are concerned what will happen if the relationship breaks down.
With the right to wear religious dress having dominated the news lately, it is an issue which is also occupying employers. Increasingly, employers are facing dilemmas over religious dress when enforcing dress codes, and they are having to tread carefully.
Whilst it is true that you do not need a solicitor to prepare your Will in order for it to be valid, as with most drafted legal documents, it is often safer for a solicitor to prepare it. They are well used to the legal requirements to make a valid Will and what happens upon a person’s death. This will help avoid uncertainty in the future. The following are some aspects of a Will a lay-person may not be aware of and which highlight the fact that legal advice is important.
Divorce in Britain among the over-50s is increasingly on the rise, say recent figures published by the Office of National Statistics. A recent report stated that the number of so-called ‘silver divorces’ nationwide has increased by three quarters in the past 20 years, while the number of ‘younger divorces’ continues to fall.
If you are a beneficiary of a Trust you may wonder what your rights to information and documentation may be. A distinction may need to be drawn between the type of trust originally created, in particular whether you, as a beneficiary, have a fixed right, often the case with a life interest trust, or whether you are a potential beneficiary of a Discretionary Trust.
A study conducted by the Legal Services Board has found that British people are continually left dissatisfied by family law services from unregulated providers, highlighting the importance of seeking specialist advice from a regulated solicitor.
Most tenants will recognise the importance of lease terms relating to the amount of rent payable or the length of a lease, but the remaining provisions can be just as, if not more, important with potential ramifications on their business costs.
Britain’s decision to leave the European Union (EU) has already had a noticeable ripple-effect on the country’s housing market – and the future could hold numerous complications for homeowners and first-time buyers.
With the summer finally upon us and the Euro 2016 football tournament well under way, employers across the UK are likely to encounter an increasing number of staff ‘pulling a sickie’. Unpredictable and irregular time off can have a serious impact on an organisation’s wellbeing – particularly when repeat offenders are involved.
Everyone knows that having company policies in the workplace is a healthy thing all round. But do you know what the legal status of your policies is? You may have thought they were there for guidance purposes, but did you know they could contain serious contractual obligations?
A woman who claims her mother was suffering from dementia and having hallucinations when she signed her final Will has lost her case in the High Court. While the judge admitted the facts showed that Doris Harris had begun suffering from dementia in May 2004, there was no indication she was unable to understand the Will she signed less than a year later.