Posts Categorized: Private Client

Court Upholds Restrictions on Holiday Homes

The old adage that ‘an Englishman’s home is his castle’ is only partially true and the impact of planning law on a property owner’s rights can be far-reaching – even extending to limiting the right of occupation. This is particularly an issue in areas of the country where there are many holiday homes, as there… Read more »

Probate Fees Reprieve

The snap general election means that the Government acknowledges that it is unlikely that the large increases in probate fees due to come in in May will now take place, as there is insufficient Parliamentary time for the legislation to pass. It is not clear whether the fees (which have attracted withering criticism as a… Read more »

Actor in Cosmetic Treatment Tax Appeal Refused Anonymity

HM Revenue and Customs (HMRC) are obliged to keep individuals’ tax affairs secret – but confidentiality generally does not survive an appeal. Exactly that happened in one case in which  well-known actor Martin Clunes sought to set off the cost of cosmetic treatment against his Income Tax was refused an anonymity order. The actor argued… Read more »

Will Your Property Be an IHT Trap?

Data published recently show that the new £100,000 additional ‘private residence’ exemption for Inheritance Tax (IHT), which is due to be introduced in April 2017 and will increase thereafter, could not come soon enough for many people. More than two thirds of properties in outer London which sold in the first seven months of the… Read more »

My Home Is My Pension

Returns on private sector pensions have been in the doldrums for a long time, and with interest rates (on which annuity rates depend) firmly stuck at historically low levels, an increasing number of people are unable to rely on their pension savings to secure their post-retirement lifestyle. However, for property owners, continuing increases in house… Read more »

Put Your Affairs In Order Today – Or Your Loved Ones May Suffer!

In a case which proved the wisdom of putting your affairs in order before it is too late, a High Court judge’s intervention was required to ensure that the £500,000 proceeds of a deceased father’s life insurance policy went to his three children. When divorcing the children’s mother, the father had undertaken to execute a… Read more »

Baseless Will Challenge Leads to Costs Consequences

The dangers of trying to upset the provisions of a properly drafted will were made clear in a recent case in which the daughter of a wealthy man insisted on having his will formally ‘proved’ in court, after he had excluded her from benefiting under it by changing it a few months before he died. … Read more »

Evidence Sufficient to Defeat Challenge to Will

A recent Court of Appeal case shows how important it is to carry out procedures properly in order for a person who clearly has impaired mental capacity to create a will that can withstand legal challenge.  It involved a will created in 2005 by an 84-year-old woman. It divided her estate between her two sons… Read more »

Ignoring Legal Advice Proves Costly

When a woman ignored legal advice and lent more than £600,000 to her uncle without taking proper steps to protect herself, the outcome was always likely to be regrettable.  While the transaction seemed straightforward – the advancing of a mortgage on his property through a company she had set up, to replace his existing mortgage… Read more »