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LATEST NEWS

Tribunal Excludes Furnished Lettings Business from Inheritance Tax Relief

23rd April, 2021 By

In a ruling of interest to anyone engaged in renting out furnished properties, the First-tier Tribunal (FTT) has taken a restrictive approach to the circumstances in which such enterprises may qualify for Business Property Relief (BPR) from Inheritance Tax (IHT). The case concerned a house set in scenic grounds which had been converted into five flats. The owner and occupier of one of the flats also owned three of the others which he rented out as furnished holiday accommodation. Following his death, his executors' claim for BPR in respect of...

Creating a Family Trust? Are You Sure It Reflects Your True Intentions?

20th April, 2021 By

Rather than giving money to your children directly, you may choose for a variety of good reasons to provide for them by way of a discretionary trust. Such a step is a serious matter, however, and as a High Court case underlined, it is extremely difficult to alter a trust deed after it has been formally executed. The case concerned a father who wished to make provision for his three children from an inheritance of about £450,000 that he had received from his mother. He signed a deed that varied...

Sensible Divorcees Put Personal Animosity Aside – Court of Appeal Ruling

15th April, 2021 By

Any good lawyer will tell you that it is far better for divorcing couples to agree how their assets should be divided, rather than fighting it out in court. A Court of Appeal case showed, however, that, where personal animosity persists, it is only too easy for the terms of such agreements to themselves become the subject of dispute. The case concerned a very wealthy couple who, following highly acrimonious divorce proceedings, resolved to settle their differences. They signed a consent order which it was hoped would lead to a...

COVID-19 – High Court Authorises Vaccination of Elderly Dementia Sufferer

12th April, 2021 By

Should vulnerable people who lack the mental capacity to make important decisions for themselves be vaccinated against COVID-19 even in the face of objections from their loved ones? The High Court confronted that uniquely difficult issue in the case of an 80-year-old care home resident who was suffering from dementia. The woman's son did not object to vaccination in principle but was deeply sceptical about the efficacy of COVID-19 vaccines and the speed at which they had been authorised for use. In opposing her vaccination, he argued that her wishes...