Legal News

Getting your tax right can sometimes be complex and it is often the case that when HM Revenue and Customs (HMRC) investigate a taxpayer, they find that there are irregularities. When these result in an underpayment of tax, HMRC will normally levy interest...
Retaining records after a person has died is essential in order to be able to demonstrate the amount of Inheritance Tax (IHT) ‘nil rate band’ that is available on the death of a surviving spouse or civil partner. It might easily be thought that...
Owners of properties used for furnished holiday lettings (FHLs) are reminded that the tax regime relating to these is set to change significantly (for the worse) next April. Under the current tax regime, such businesses have advantages for both Income Tax...
The trial of an unqualified will writer took place in Bristol recently when a 45-year-old man was charged with the theft of £800,000 from a succession of elderly clients. The man had duped childless elderly people into inserting a clause into their...
Lending for residential property purchases has increased significantly in recent months – the July figure of £16 billion showing a 26 per cent rise over June. August and September have both shown gross mortgage lending of about £12.5...
The Office of the Public Guardian has responded to criticisms of its overly complex forms for creating a Lasting Power of Attorney (LPA) by issuing new and simplified forms. An LPA allows a person to give a friend, relative or trusted advisor the power to...
HM Revenue and Customs (HMRC) recently won a significant victory in a tax case when the court ruled that tax advice given by an accounting firm to its client is not privileged. In other words, HMRC can force accountants to divulge advice given to their...
After a bruising legal battle, which has cost more than £1.3 million in fees, a Yorkshire doctor has won the right to inherit her late parents’ farm, which is valued at £2.3 million. In 1993, Dr Christine Gill’s parents made wills...
Even though property prices have fallen considerably in recent years, getting ‘on the property ladder’ has never been harder as lending criteria have been tightened considerably since the ‘boom’ days of 125 per cent mortgages. Young...
In a recent case, a man who was banned from entering the village in which he had previously lived, after successive acts of anti-social behaviour, has lost his appeal against the imposition of an anti-social behaviour injunction (ASBI). Michael Redpath had...
After fighting their case all the way to the House of Lords and losing, Powys couple Andrew and Gail Wallbank have been forced to sell their farm in order to pay for repairs to the chancel of their local church and their legal costs in fighting their case. ...
The division of the estate of a man who had a ‘senior moment’ when providing information for his will had to be sorted out in court recently. When Leslie Fawdon drafted his will, he left half of his estate to his nephew, described as ‘Mark...
No one likes to pay tax unnecessarily and Inheritance Tax (IHT) can be especially problematic, as it must often be paid ‘up front’ when administering an estate. It is quite common for people to decide to mitigate the effects of the tax by...
An appearance in the criminal court may await a property owner who tried to be too clever with his local planning department. The property owner submitted a planning application to build a barn to store hay. This was granted on the condition that use was...
The changes to Individual Savings Account (ISA) allowances announced in this year’s Budget, increasing the maximum annual investment from £7,200 to £10,200, came into effect on 6 October for those aged 50 or over, as well as anyone who will...
You may think that after an estate has been probated and the assets have passed to the surviving spouse or civil partner, that is the end of the matter and the paperwork (including the will) can be consigned to the shredder after a suitable period of time. ...
Ownership of land is often fettered with obligations and, in some circumstances, the obligation can be to permit someone else to extract something from the land. In legal terminology, this is called a profit-à-prendre and one of the most common of...
Elderly people can become suggestible and it is, regrettably, not uncommon for avaricious people to attempt to influence them for personal gain. In a recent case in point, an elderly and wheelchair-bound lady altered her will a few months before she died so...
The recession hasn’t brought much favourable comment, but falling asset values do present opportunities for savings on Inheritance Tax (IHT). Here are some ways that you can save IHT when asset prices are depressed. Lifetime Gifts In general, the...
One of the often forgotten issues in retirement planning is the possibility of having to fund long-term care at some future time. Such care is means-tested and most care home residents of means will pay in full for their care. With an ageing population and...
The widow of a man who died as a result of being exposed to asbestos while working at an oil refinery many years earlier has been awarded more than £300,000 in compensation in the High Court. Frances Streets’ husband began his career working for...
The Court of Appeal has overturned what was to many a surprising decision of the High Court and confirmed that when a company pension scheme member takes benefits early (at 60 rather than 65), the benefits may be subject to an actuarially-calculated...
Where an agreement is entered into as a result of a misrepresentation, the court can order the agreement to be set aside. This recently benefited a wife who entered into an agreement which meant that her sole beneficial interest in the family home was...
A man who fell from a London bus and suffered severe head injuries has been awarded a seven-figure compensation settlement. Vincenzo Bollito, a 36-year-old designer, was between the doors of the bus when the driver closed them and accelerated down the road....
Yet again, we hear a report of the Financial Services Authority and the police investigating a firm that was promising investors returns of between 6 and 13 per cent per month. It is said that £80 million may be involved. Assets including Ferraris,...