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

August 31, 2016 | Dispute Resolution, Wills and Probate

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 | Wills and Probate

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.  http://www.sfe.legal/public/blog/gifting-your-residence-to-family-members--the-pitfalls(Read more)

Tribunal Cancels Late Payment Penalty Because HMRC Owed the Taxpayer a Repayment

July 22, 2016 | Wills and Probate

Both the taxpayer and H M Revenue & Customs accepted that a VAT return was received on time on 6 November 2015 but when HMRC originated a direct debit on 11 November 2015 it was returned unpaid because the amount of £27,000.71 exceeded the balance of cleared funds available in the account by £1,784.61 and(Read more)

Careless Inaccuracy - Steady v HMRC [2016] UKFTT 0473 (TC)

July 21, 2016 | Wills and Probate

In Cambridge County Court in June 2016, the First Tier Tribunal Tax Chamber sat to give their verdict on the fate of Mr Steady. Mr Steady filed annual tax returns under the self-assessment regime each year. At the end of each tax year, he would contact the various banks and building societies with which he(Read more)

H M Revenue & Customs Issue Revised Charter

July 20, 2016 | Wills and Probate

H M Revenue & Customs have published an updated Charter which explains what taxpayers can expect from H M Revenue & Customs and what they expect from tax payers.  The charter is set out below:  1. Your rights - what you can expect from us 1.1 Respect you and treat you as honest We’ll treat(Read more)

Dispensing With Service

July 15, 2016 | Wills and Probate

Senior Judge Lush heard an appeal in June against an order allowing a statutory Will to be executed without an affected party being notified. A statutory Will can be applied for when someone has lost capacity to make a Will themselves. The Court will consider the submissions of parties as to what should be in(Read more)

Post ‘BREXIT’: The Only Certainty is…Uncertainty?

July 12, 2016 | Residential Property, Commercial Property, Employment, Dispute Resolution, Business Services, Wills and Probate, Family Services, Motoring and Road Transport, The Arts

Although there has been huge political fallout in the last fortnight as a result of the BREXIT vote, the long-term effect on British jobs, business and individuals is unclear. From an economic perspective, after an initial plummet from 6338 to under 6000, the stock market appears to have recovered to near pre-vote levels (FTSE 100(Read more)

Caveat With Caution

July 12, 2016 | Dispute Resolution, Wills and Probate

In certain circumstances a person may wish to challenge the validity of a Will. In such cases, a party may enter a caveat which, while in place, will prevent the issue of a grant of probate. In Elliott v Simmonds and others [2016] EWHC 92 (Civ) (Elliott) the claimant entered a caveat and issued proceedings(Read more)

Case Summary (Matrimonial Dispute – Construction of Trust as Tantamount to General Power of Appointment): MaC v MeC [2016] NZSC 29

July 11, 2016 | Wills and Probate

Mr and Mrs C were married in 1989, had two daughters who were born in 1990 and 1994, separated in 2000 and were divorced in 2009.  By the time of the separation Mr C had built up a significant saw milling and timber processing business, which operated from land and buildings in Vaughan Road, Rotorua. (Read more)

Case Summary (Farming Partnership – Rescission of Transfer for Mistake): TB & CB v PB [2016] EWHC 898 (Ch)

July 11, 2016 | Wills and Probate

The Claimants, who were father and son, farmed together in partnership Seamer Grange Farm.  There were advised to place this property in trust and that there would be no capital gains tax chargeable on the transfer.  Unfortunately, the advice which they had been given was incorrect; capital gains tax was exigible on the transfer, amounting(Read more)