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LATEST NEWS

High Court Ruling Underlines the Pitfalls of Making 'Inflexible' Mutual Wills

5th June, 2023 By

It is legally possible for couples to make mutual wills by which each binds the other not to alter their bequests at any point in the future, save by mutual agreement. As a High Court ruling showed, however, the inherent inflexibility of such arrangements is one good reason why lawyers usually advise against them. A married couple made mutual wills by which they each bequeathed their estates to the other. The wills provided that, on the death of the second spouse, the entirety of his or her estate would pass...

Setting Up Business in a Garden Outhouse? Make Sure You Read This First

31st May, 2023 By

One of the social effects of the COVID-19 pandemic was the creation of a fashion for householders to operate businesses from outhouses in their gardens. However, an important tribunal ruling underlined the legal hazards of such a course. In response to the pandemic, a couple began running a beauty therapy business in a wooden cabin in their back garden. They said that they only subsequently became aware that planning permission was required to allow the cabin's commercial use. Their retrospective application for planning permission was successful. That, however, was not the...

Need Help with Your Tax Affairs? Choose Your Advisers Carefully

26th May, 2023 By

Many people who have little understanding of the tax system sensibly seek help from those with greater expertise. However, a case that exposed an apparent loophole in HM Revenue and Customs' (HMRC's) systems showed how important it is to choose your advisers carefully. A taxpayer contacted a company that he hoped would assist him in obtaining tax rebates. The company was alleged to have purported to act as his agent in causing self-assessment tax returns to be filed online, apparently on his behalf. The returns included claims for Enterprise Investment...

Mental Capacity and Divorce – High Court Ends 'Empty Husk' Marriage

23rd May, 2023 By

Only those with the mental capacity to make important decisions for themselves can consent to marriage – or divorce. However, as a High Court ruling made plain, it is in no one's best interests for the law to maintain a marriage that has become no more than an empty husk. The case involved a couple whose marriage was already under considerable strain when the husband sustained a severe brain injury. Prolonged and expensive divorce proceedings followed but, more than 15 years on, they remained married. They had barely seen each...