Court Agrees 'Too Much, Too Soon' Plea
Having too much, too soon has been the cause of the ruin of many a life. Worried that this might be the fate awaiting her child, a mother recently went to court to delay the entitlement of her...
View ArticleComposer's Family Loses Will Challenge
When Oscar-winning composer Sir Malcolm Arnold died in 2006, aged 84, he left a will bequeathing his house, his car, his valuable manuscripts and a half-share in the annual royalties from his...
View ArticleChallenge to Gift in Contemplation of Death Fails
When a person expects to die, their thoughts often turn to those who have helped them most in life. In such circumstances, it is by no means uncommon for quite substantial gifts which take effect on...
View ArticleGetting Your Money Back May Mean Massive Tax Bill
When a Dutch man invested $1,400,000 (half from the sale of his house in the Netherlands and half borrowed) in a bundle of life assurance policies, he did not anticipate that the result would be a...
View ArticleSecond Registration Not Adverse Possession
Under the law of adverse possession (‘squatter’s rights’), the legal ownership of land may be able to be claimed if it is occupied for a long period of time without the owner of the land taking steps...
View ArticleWill Overturned After Challenge by Relatives
A now retired solicitor who ‘assisted’ his two elderly aunts to change their wills, making him the principal beneficiary of both, has seen the court overturn them and reinstate earlier wills made by...
View ArticleSettlement Does Not Prevent Will Challenge
When a dependant of a deceased person is unexpectedly not provided for under the will, the normal course of action is to bring a claim against the deceased’s estate under the Inheritance (Provision for...
View ArticleCourt Steps In to Prevent Battle Over Estate
When a person no longer has the mental capacity to make a valid will (‘testamentary capacity’ in legal terms), an application can be made for a ‘statutory will’ to be created for them. When this is...
View ArticleSwiss Assets Unfrozen by Court
When a marriage or civil partnership breaks up and there is a significant risk that one party may move assets (normally cash in bank accounts) ‘out of sight’, it is sometimes possible to obtain a...
View ArticleMaintenance Payments Should be Based on Need
Helpful guidance on the calculation of periodical payments (popularly known as maintenance payments) in a divorce settlement has been provided by a High Court judge in a recent case. In deciding a...
View ArticleLotto Win Not Part of Family Assets
A court ruling that a spouse’s lottery winnings were not ‘matrimonial property’ so were not subject to the usual rule of equal division between the spouses when the marriage broke up received much...
View ArticleInherited Wealth Not Split on Divorce
A recent divorce case has confirmed the general position that when wealth is inherited, it is not normally subject to the ‘equal shares’ rule that applies to assets built up during a marriage. The case...
View ArticleDivorced Man Can Keep 163;1 Million in Pre-marital Assets
A divorced man has won the right to retain £1 million of his pre-marital assets before a 50/50 division of the remainder of the couple’s joint assets is made. The assets were valued at around £9.5...
View ArticleStolen Data Leads to First Conviction
The theft of a disk from HSBC in Switzerland, data from which eventually found its way to HM Revenue and Customs (HMRC), has led to the conviction of a Berkshire man who admitted to evading tax of...
View ArticleHoliday Letting Property a Business, Not an Investment
A recent tax case shows the lengths HM Revenue and Customs (HMRC) will go to when they think there is tax to be gained by adopting an aggressive attitude with taxpayers. It involved a family,...
View ArticleDouble Tax on Share Sale Leads to Court Battle
A recent case heard in the Court of Appeal illustrates the beneficial Inheritance Tax (IHT) treatment of certain classes of assets and the advisability of taking advice on IHT planning as early as...
View ArticleBeware IHT Pitfall as Commissioners Get Tough
The Charity Commissioners are taking an increasingly tough stance on what constitutes ‘charitable activity’. In recent months, they have withdrawn the charitable status of the Plymouth Brethren and...
View ArticleChallenge to Gift in Contemplation of Death Fails
When a person expects to die, their thoughts often turn to those who have helped them most in life. In such circumstances, it is by no means uncommon for quite substantial gifts which take effect on...
View ArticleFurther Court Battles Likely for Forgers
When a millionaire estate agent died intestate, the two women he had been involved with both tried to have his estate distributed according to their wishes. Chris John died leaving an estate worth £5...
View ArticleFailure to Comply With Procedure Invalidates Will
One of the basic rules for creating a valid will is that it must be signed by the testator and the signature must be witnessed by two people. Failure to follow this or a number of other simple rules...
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