Office
Blog keyboard
Services
People
News and Events
Other
Blogs

Blogs

Probate fee increase - how much are fees increasing and how will it affect me?

Esther Woodhouse
  • Posted
  • Author

It’s good news that the government’s original proposal to introduce a “death tax” has been scrapped, as this would have seen grieving families pay up to £6,000 for probate. However, introducing a flat fee of £273 is still...

What does the decision of the Supreme Court in FirstPort Property Services Limited v Settlers Court RTM Company Limited and others mean for leaseholders?

Bukola Obadun-Craigs
  • Posted
  • Author

Background   Unlike those living in freehold houses, flat owners need to consider the management of the building they live in and the surrounding communal areas. Historically, this management was solely the responsibility of the landlord, or in some...

Hope for secondary victims of clinical negligence claims?

  • Posted
  • Author

A landmark case  ( Paul v Royal Wolverhampton NHS Trust ) is heading to the Supreme Court on so called ‘secondary victims’ of clinical negligence claims and who may fall into this category of claimants when considering liability. A possible...

HMRC Open 3,500 Inheritance Tax Investigations

  • Posted

A national increase in property prices has fuelled 3,754 probes into inheritance tax (IHT) between 2020 and 2021. On average, each IHT investigation launched by HMRC gained an additional £71,000, totalling a further £254 million for the 2020/21...

Everything to know about the Right to Rent Scheme

Daniel Skinner
  • Posted
  • Author

Landlords in England of residential property must check whether a tenant, or lodger, is legally entitled to rent the property.  This was first introduced under the Immigration Act 2014. It was part of the Government’s “hostile...

Public Sector Equality Defences - Is there life in them yet?

Daniel Skinner
  • Posted
  • Author

Where a landlord is taking proceedings against a resident with a “protected characteristic”, two possible defences arise under the Equality Act. The first is the discrimination defence under s15 Equality Act where it is alleged the landlord is...

New proof of sickness time period - 17 December 2021

Laura Hill
  • Posted
  • Author

In order to free up GPs to help with the booster roll out, from today, if an employee starts sick leave between 10 December 2021 and 26 January 2022, they are not required to provide medical evidence of sickness absences for Statutory Sick Pay purposes until...

Remote witnessing of wills: was it worth it?

Jak Ward
  • Posted
  • Author

Parliament reacted slowly to the emergence of Covid-19 in this country when it came to will-writing. Despite the Government locking the country down in March 2020, it took Parliament until July 2020 to temporarily amend Section 9 of the Wills Act 1837 to...

Why solar will lead the way in UK energy transition

  • Posted
  • Author

COP26 saw many countries pledge to take steps towards decarbonisation and, whether or not these commitments go far enough, it’s clear that the ‘green revolution’ is beginning to take shape and there is real opportunity for solar to drive...

Government decide Inheritance Tax staying as is and Capital Gains Tax to be refined

Ben Taylor
  • Posted
  • Author

The Treasury has written to the Office of Tax Simplification (OTS) in response to its second report on Inheritance Tax (IHT) and on its two Capital Gains Tax (CGT) reports. The second report on IHT had the aim of investigating and commenting on the...

Caveats in probate disputes - what are they, why should I apply for one, and how do I apply?

Jak Ward
  • Posted
  • Author

I have encountered a fair number of new enquiries recently where the obvious first step to take is to apply to enter a caveat at the Probate Registry. I, therefore, felt that it would be a topical yet timely reminder of what they are, why they can be useful,...

Explaining the Intestacy Rules

Jak Ward
  • Posted
  • Author

When a person dies leaving no will, they are said to have died intestate. As they have not provided directions as to how they wish their assets to be dealt with, their estate is shared out in accordance with a set of legal principles known as “the...

Court of Appeal approves the right for applicants to recover CFA success fees in the case of Hirachand v Hirachand

Jak Ward
  • Posted
  • Author

The eagerly awaited Court of Appeal judgment in Hirachand was handed down last week. When this issue crops up on a case, I find that it is incredibly difficult for one to grapple one way or the other, let alone second-guess which way the judiciary are going...

The past, present and (possible) future of wills and probate?

Jak Ward
  • Posted
  • Author

Since the emergence of covid-19 in March 2020, every industry in the UK has faced challenges. Some have seen their development and growth thwarted, whilst others have shone. We’ve hopefully seen the back of the worst of it. I’m now at the...

How developers can navigate biodiversity net gain requirements

Shruti Trivedi
  • Posted
  • Author

The government’s new Environment Bill proposes a range of ambitious measures to address biodiversity loss, responding to the need to halt species decline by 2030. While driven by an essential requirement to leave the planet in a better condition than...

Estate Administration: It's a matter of public record

Esther Woodhouse
  • Posted
  • Author

After death, there is often a need for your Personal Representatives to apply to the Probate Registry for a Grant of Representation.  The Grant confirms the Personal Representatives’ authority to administer the estate which is needed to collect...

Should we discuss inheritance?

Ben Taylor
  • Posted
  • Author

We can often find discussing money matters, like inheritance, a little uncomfortable. However, in some cases it is quite common and, as in my experience, we are starting to observe a changing attitude towards talking about property, finances, and death. ...

Flexible working requests

Shola Khan
  • Posted
  • Author

With the end of the furlough scheme, there is no doubt that people might be re-thinking their working arrangements, whether that be working from home or a hybrid between working from home and in the office. Please note that this note does not cover...

New rules for animal welfare in transport

Rebecca Ironmonger
  • Posted
  • Author

In April this year, we considered the proposed changes to the regulations surrounding animal welfare in transport contained in the government consultation. Last month, the Department for the Environment, Food and Rural Affairs (“DEFRA”) published...

Are your legal affairs up to date?

Joseph Stoehr
  • Posted
  • Author

Why now is the ideal time to get your legal affairs in order The past eighteen months have forced us all to think about a lot and for many this has meant finally writing a will or rummaging around for their “current” one to give it a...

What does the Environment Agency's new Regulatory Position Statement on the spreading of organic manure mean for farmers this autumn?

Rebecca Ironmonger
  • Posted
  • Author

For many farmers, the spreading of manure or sludge from water sewage treatment plants is an essential part of the process for preparing soil for crops and for disposing of excess manure which they do not have the capacity to store. The Reduction and...

Property Investment Portfolios - Is a Family Investment Company (FIC) the answer?

Ben Taylor
  • Posted
  • Author

Join us for our Family Investment Companies Masterclass webinar on 16 September - full details and registration here . There have been a number of changes in the tax environment over the last few years aimed at discouraging private ownership of second or...

Can a debtor overturn your County Court Judgment?

Catherine Rickett
  • Posted
  • Author

In May, it hit the news that the Prime Minister, Boris Johnson, had become the subject of a County Court Judgment for a debt of £535. However, before questions about what would happen if bailiffs turned up at Number 10 could be answered, Downing...

What will Natasha's Law mean for butchers?

Rebecca Ironmonger
  • Posted
  • Author

From 1 October 2021, the Food Information (Amendment) (England) Regulations 2019, more widely known as Natasha’s Law, will come into force. Natasha’s Law was introduced into Parliament as a result of tragic deaths due to allergy sufferers’...

How to Serve & Enforce a County Court Judgment

Martin Spencer
  • Posted
  • Author

Getting a County Court Judgment (CCJ) is an important step in the debt recovery process and is often a relief to creditors. It is an official confirmation that the debtor owes money and must repay. However, getting the CCJ does not mean that the debtor will...

Five reasons to outsource your debt recovery

Martin Spencer
  • Posted
  • Author

Are your debtors giving you excuse after excuse to avoid making payment? This could be having a detrimental effect on the cashflow of your business, especially in the current climate throughout the COVID-19 pandemic. Here are five reasons for you to...

Do you need to appoint an Authorised Representative to sell products into the EU?

Julia Seary
  • Posted
  • Author

With Regulation (EU) 2019/1020 coming into force, from 16 July 2021 every business from outside the EU selling products directly or indirectly should have either an importer or an authorised representative located in the EU acting as an ‘economic...

Data Privacy - Live Facial Recognition Technology Compliance

Julia Seary
  • Posted
  • Author

In an effort to address public concern about the potential for live facial recognition ( LFR ) technology to be used contrary to data privacy laws, the ICO have provided guidance on the use of LFR in public places by private companies and public...

Accidents at home

Cristina Parla
  • Posted
  • Author

The one place you expect to feel safe is home so when you engage a specialist to undertake any big projects or home renovations, you rightly expect to receive the highest level of service.  However, this does not always happen, and substandard and...

No Fault Divorce delayed until 2022

John Boon
  • Posted
  • Author

It emerged last week that, despite the legislation having passed through Parliament a year ago, the planned reforms to the Divorce System in England and Wales, which were due to be implemented this Autumn, will now be delayed until at least 6 th April...

The fight against section 57 - fundamental dishonesty

Cristina Parla
  • Posted
  • Author

I recently acted for a client in connection with his personal injury claim which arose as a result of a slipping accident on private property. The facts of the case are relatively straightforward, but the approach adopted by the defendant caused...

Implications for carers and Deputies - Access to sex workers

Elizabeth Young
  • Posted
  • Author

A decision in the case of ‘C’ has been handed down, judging him to have the capacity to engage in sexual relations and to potentially engage a sex worker and identifying issues for those who may be asked to help make such arrangements for others ...

How has Covid-19 affected the enforcement of Judgments?

Martin Spencer
  • Posted
  • Author

It is all very well obtaining judgment against your debtor, but that does not necessarily mean that you can turn that judgment into cash. This can often prove the most challenging part of debt recovery and has especially been the case throughout the...

Dog bite compensation claims

Amy Forman
  • Posted
  • Author

During “lockdown”, owning a dog has become a popular choice for many people particularly those living alone and facing months in isolation or those looking for a reason to enjoy the great outdoors.  However, many are coming to realise that...

Proposed changes to the transport regulations for poultry and livestock

Rebecca Ironmonger
  • Posted
  • Author

A consultation by the Department for Environment, Food and Rural Affairs (“DEFRA”) into proposed changes to the Regulations governing animal welfare in transport closed in February 2021 and has provoked much debate within industry. Rebecca...

The updated Trust Registration Service

Tamsyn Lees
  • Posted
  • Author

The Trust Registration Service (“TRS”) was originally set up in 2017 and only required trustees of express trusts with a relevant tax liability to register. The relevant taxes are: Income tax Capital Gains Tax Inheritance tax Stamp Duty...

Breathing Space - giving debtors time to breathe

Catherine Rickett
  • Posted
  • Author

As of 4th May 2021, there will be a new scheme, which will allow struggling debtors time to ‘breathe’ and time to sort out their financial struggles.  This new scheme is called The Debt Respite Scheme (Breathing Space) Guidance and comes...

Stamp Duty Holiday Extended to 30 June

  • Posted

The Stamp Duty holiday in England and Northern Ireland has been extended to 30 June 2021, after it was initially scheduled to be finishing at the end of March. Following a difficult period for the housing market, Chancellor Rishi Sunak confirmed that Stamp...

No Covid vaccination, no job...?

Desley Sherwin
  • Posted
  • Author

About a year ago, the hot topic in employment law was the new Coronavirus Job Retention Scheme that we all got to know and love as the furlough scheme.  The hot topic currently is the debate about mandatory vaccination . At the time of writing,...

Divorce and Tax

Ben Taylor
  • Posted
  • Author

We often get asked about the tax situation on divorce.  Whilst there is no one size fits all, the following is a general outline of the common tax issues that arise on a divorce or separation . Advice should always be sought at an early stage and a...

Business debt soars despite Government Covid-19 support

Catherine Rickett
  • Posted
  • Author

Businesses are finding it increasingly difficult to stay afloat as the Covid-19 pandemic continues to ravage the UK. Despite several recent vaccine approvals and the government introducing a range of financial support schemes – including the Furlough...

A cautious Budget?

Ben Taylor
  • Posted
  • Author

In the lead up to the budget a number of economic commentators urged caution in respect of an increase in tax, so as not to stifle the economic recovery of the UK. That being said, with UK national debt the highest since 1963, it was still expected that...

GDPR and Data Transfers Post-Brexit

Julia Seary
  • Posted
  • Author

The legal position on GDPR and personal data transfer between the UK and the EEA has changed post-Brexit as follows: EU GDPR Regulation As an EU Regulation, EU GDPR no longer applies to the UK.  However, if you operate inside the UK, you will...

Residential Property Refresher - Section 47 & Section 48 Landlord and Tenant Act 1987

Bukola Obadun-Craigs
  • Posted
  • Author

Landlords still make this mistake and tenants often do not know any different so the problem isn’t trained away and continues to reoccur.  So what is the problem? Failing to comply with s.47 and s.48 of the Landlord and Tenant Act 1987 The...

Are People Becoming More Reliant on Their Inheritance?

Tim Russ
  • Posted
  • Author

Will and inheritance claims have been significantly increasing for many years now. According to the Ministry of Justice reporting in the Times last year, in 2016, the number of individuals seeking to claim a share or a larger proportion of a deceased...

What you need to know about the Brexit food and drink labelling changes

  • Posted

The way food and drink producers, manufacturers, retailers and suppliers label food is changing as of January 1 2021, and you need to be ready. When the UK exited the European Union on 31 January 2020, the transition period was set in motion which ends on...

EU-UK Trade and Cooperation Agreement - Short term work in the UK

Desley Sherwin
  • Posted
  • Author

With the Brexit/Withdrawal Agreement coming into effect, freedom of movement between the EU and UK has ended. EU, EEA and Swiss citizens entering the UK for work purposes may need to apply for a visa through the UK’s points-based immigration system....

Brexit and Seasonal Agricultural Workers Q&A

Desley Sherwin
  • Posted
  • Author

This article aims to answer some questions about UK farm employers’ access to seasonal workers under the Government’s extended Seasonal Workers Pilot. The end of the Brexit transition period on 31 December 2020 marks the end of freedom of...

What's on the horizon in leasehold reform?

Bukola Obadun-Craigs
  • Posted
  • Author

The Government has confirmed that legislation will be bought forward allowing leaseholders to extend their leases by a maximum of 990 years at zero ground rent, turning away from the 50-year lease extension with ground for leasehold houses and a 90-year...