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LATEST NEWS

Confronting Mortality – Professional Advice Helps Produce Order from Chaos

28th April, 2021 By

Confronting mortality is never easy and many people put off making decisions critical to their own future, and that of their loved ones, until after the onset of serious illness or old age. Such a course involves serious legal risks but, as a High Court case showed, they can be effectively offset by taking professional advice. The case concerned a woman who died at the age of 60 after enduring many years of ill health, including two strokes. Four years previously, she had purchased her home at a discounted price...

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...