Recent Articles

Case Summary (Challenge to Validity of Will): Elliott – v – Simmonds & Anr High Court of Justice (Chancery Division) [2016] EWHC 732 (Ch)

September 13, 2016 | Private Client

In this case, an adult daughter of a deceased Testator intimated a challenge to the validity of the last Will on the basis of lack of testamentary capacity, want of knowledge and approval and/or undue influence by the sole beneficiary under that Will.  She entered a caveat but then did nothing either to commence proceedings(Read more)

HMG Is Recruiting: Solicitor and Secretary for Private Client Dept

September 08, 2016 | Practice News

We are currently recruiting for new staff to join our busy Private Client department in Oxford. Solicitor We are seeking a solicitor with at least 3 - 5 years PQE with experience of the full range of Private Client disciplines, including Probate, Wills, Trusts, Estate Planning, etc. Ideally you would be STEP qualified, although this(Read more)

A Rain Check on Income Tax

September 07, 2016 | Private Client

In February 2016 Jonathan Padley appealed to the First Tier Tax Tribunal against a series of late payment penalties levied against him for failing to pay income tax on time totalling £5,448. The issue before the Tribunal was whether or not Mr Padley had a reasonable excuse for the late payments. For each of the(Read more)

Inheritance Tax, Bonds and IHT Disclosure Rules

September 06, 2016 | Private Client

Inheritance Tax and Bonds  In 2006 the rules for discretionary trusts were changed.  The changes began to bite from April 2016.   Often salespeople of investment bonds advise that the product should be put into trust.  The problem is best illustrated by an example.   Freda bought an investment bond for £250,000 on 1st June(Read more)

HMRC Introduces a New System for Claiming Overpaid Tax

September 05, 2016 | Private Client

From 1 August 2016, taxpayers have to specifically request a refund for any overpaid income tax. Before that date, HMRC would issue a taxpayer with form P800 informing them that there is an overpayment of tax, and a few days later the rebate would be issued. In a bid to encourage taxpayers to use their(Read more)

Pensions Exit Charges To Be Kept

September 05, 2016 | Private Client

Exit penalties for savers wishing to exercise pension freedoms should be capped at 1% of the value of their fund says the Financial Conduct Authority (FCA) in a consultation document.  The cap would apply to personal, stakeholder and self-invested personal pensions.  It would apply to existing contracts if an exit penalty is applied, but only(Read more)

Government Response to Employment Aspects of the Impact of the Equality Act 2010 on Disabled People

September 02, 2016 | Employment

On 24 March 2016 the House of Lords Select Committee (the Committee) published a report on the Equality Act 2010 (the Act) and its impact on disabled people. The Committee had been tasked with examining the Act to see whether it adequately tackles disability discrimination. In its report the Committee made many recommendations relating to(Read more)

Court of Appeal Allows Creditor of Beneficiary of an Estate to Bring Probate Claim

August 31, 2016 | Dispute Resolution, Private Client

In Randall v Randall [2016] EWCA Civ 494 (Randall) the Court of Appeal overturned a 2014 High Court decision and ruled that a creditor of a beneficiary had an interest in the estate that gave him sufficient standing to challenge the validity of a will. Part 57 of the Civil Procedure Rules deals with contentious(Read more)

The Pitfalls of Gifting Your Property to Family Members

August 30, 2016 | Private Client

Belinda Harvey from our Private Client team discusses the pitfalls of gifting property to family members in a blog written for the Solicitors for the Elderly website.  Solicitors for the Elderly is an independent national organisation whose members provide specialist legal advice for older and vulnerable people, their families and carers. more)

Shareholders Agreements: The Background and Benefits

August 22, 2016 | Business Services

Background Historically, it has always been the case that the so called “constitution” of a company (of which the articles of association are most important) forms a contract between all the shareholders of the company. Section 33(1) of Companies Act 2006 enshrines this in statute and, in effect, creates contractual relationships with powers of enforcement(Read more)