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Capital Gains Tax on Divorce and Dissolution

Ben Taylor
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During a marriage or civil partnership, and while partners are not permanently separated, individuals can transfer assets between themselves without CGT arising. In essence, the other partner is treated as acquiring the assets (or interest in the asset) for...

Our Top 5 Reasons to Update Your Will

Alexandra  Hamilton
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If you already have a Will in place, this is something to be congratulated, especially with recent statistics suggesting that somewhere between 50% to 60% of adults in the UK do not have a Will at all. That being said, for those who have an existing Will,...

Why You Are Worried About Making a Will... And Why You Shouldn't Be

Alexandra  Hamilton
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In the most recent study conducted in September 2020, 59% of UK adults have not written a Will, which amounts to around 31 million UK adults. Whilst everyone is different and has their own reasons for not doing so, there are some common reasons why...

Care Fees - A Beginner's Guide

Sophie Crook
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Care fees are often an issue not considered until care is required. They are an issue that benefit from being given some thought before this stage and also that remain difficult to navigate for those paying them and for families who are just trying to help...

Changes to the Procedure for Entering and Renewing a Caveat

Leah Merrifield
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HM Courts & Tribunals Service have recently announced changes in how to apply for, and extend, a caveat.  A caveat is a written notice that prevents a Grant of Probate or Grant of Letters of Administration being issued until the caveat is removed....

Deputyship Orders - Pilot Scheme Reduces Waiting Time for Orders by 75%

Kerry-Jo Gallimore
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In the summer of 2021, the Court of Protection introduced an online case management pilot scheme, designed to speed up the process of obtaining a Deputyship Order. A Deputyship Order is required when someone loses the capacity to make some or all decisions...

Taxation and the Monarchy

Oscar Scotney
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The UK has the joint 4 th highest rate of Inheritance Tax (IHT) in the world at 40%. Japan tops the table at 55% whilst New Zealand, Portugal, and Sweden (among others) have a 0% Inheritance Tax rate. HMRC received £6.1 billion from IHT alone in the...

Recognition of Deputyship Orders Abroad

Leah Merrifield
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We recently attended a Court of Protection masterclass, and one of the topics discussed was the procedure for the recognition of a Deputyship Order in Italy. A Deputyship Order is a type of court order that is made by the Court of Protection. It...

Administration of Estates - Our Practical Solutions to Impossible Questions

Esther Woodhouse
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Administering the estate of a deceased loved one can be traumatic and even more so when faced with financial organisations that create obstacles to moving the administration forward. In this blog, Esther Woodhouse reaches out to those having had similar...

Children in Wills - Are All Your Children Benefitting Correctly?

Sophie Crook
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The question of who your children are may seem a simple one. However, in the modern world where family dynamics are becoming increasingly complex, it is important to guarantee that the legal definition of “children” aligns with your personal...

Top 5 Estate Planning Tips

Oscar Scotney
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Estate planning is not an isolated task - life changes quickly and your estate planning should evolve with it. Below are our top 5 estate planning tips to help safeguard your assets, minimise inheritance tax and give you peace of mind for the future: ...

Probate Fee Increase - How Much Are Fees Increasing and How Will It Affect Me?

Esther Woodhouse
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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...

Remote Witnessing of Wills - Was It Worth It?

Jak Ward
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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...

Government Decide Inheritance Tax Staying as Is and Capital Gains Tax to Be Refined

Ben Taylor
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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
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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,...

Where There's a Will, There's a Way: Demystifying the Intestacy Rules

Jak Ward
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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
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The eagerly awaited Court of Appeal judgment in Hirachand was handed down last week. When this issue crops up in 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 is going...

The Past, Present and (Possible) Future of Wills and Probate?

Jak Ward
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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...

Estate Administration: It's a Matter of Public Record

Esther Woodhouse
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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
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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. ...

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