Company News Archive
Dispute Prevents Distribution of Estate
18th August 2011
When a beneficiary loses out because the terms of the will of a wealthy person are changed shortly before that person’s death, a dispute is always likely. When a Scottish woman with an estate valued at £4 million died shortly after...
Pension Scheme Not Obliged to Award Discretionary Increases
15th August 2011
The High Court recently ruled in favour of a pension scheme which decided to stop awarding pension increases which, though discretionary, had in practice been...
Unfair Trading Legislation Stops Bogus Prize Draws
12th August 2011
Not many prosecutions are brought under the Consumer Protection from Unfair Trading Regulations 2008, which are designed to protect consumers from the...
Misplaced Fence Leads to 163;20,000 Bill
9th August 2011
A fence put up by a Devon couple will cost them more than £20,000 in legal fees and re-erection costs after the court decided that it was built a few inches the wrong side of their boundary with their next-door neighbours.
Child Support and Insolvency
5th August 2011
When a person goes bust, what is the position regarding a debt they owe to the Child Support Agency (CSA) with regard to arrears of maintenance payments? This
Who Determines Who Inherits Your Estate
1st August 2011
A recent case will cause concern to anyone who has a specific wish that their estate should not pass to certain people. It involved a woman who left an estate of more than £400,000, which she had bequeathed to various animal...
Daughter Wins Share of 163;480,000 Inheritance Left to Charity
30th July 2011
A woman whose mother left an entire estate to charity has won her appeal for a substantial payment from the estate, sufficient to meet her need for reasonable maintenance. Melita Jackson died in July 2004 at the...
Taxing Times for Trusts
30th July 2011
Trustees of discretionary trusts who have found that recent tax changes have resulted in an unacceptably high level of taxation (especially as regards trust income from dividends) should give consideration to the possibility of amending the...
'Set Up' Accident Claimant Ordered to Pay Court Costs
28th July 2011
Insurance giant AXA has sent out a message to accident cheats that it will resist claims which it believes to be fraudulent. In a
HMRC Checks on IHT Valuations
27th July 2011
In the year to December 2010, HM Revenue and Customs (HMRC) raised in the region of £70 million in additional tax as a result of challenging property valuations included in the estates of people who had died.
The Conveyancing Quality Scheme - What it Means for You
22nd July 2011
Conveyancing is often thought to be a straightforward process, but the truth is very different. Problems with potential fraud, claims by lenders and title disputes are not infrequent. In order to protect consumers, the Law Society launched, in...
English Courts Permit Claim Because of Residence
19th July 2011
The English courts are well known worldwide as being amongst the most ‘generous’ to divorcing spouses in terms of financial settlements: they start with the premise that assets built up during the marriage should be split equally...
An End for the Hired Gun
14th July 2011
In a groundbreaking decision, the Supreme Court has ruled that an expert witness who is negligent in respect of their work can be sued. Until the decision, the rule...
Taxing Times for Trusts
11th July 2011
Trustees of discretionary trusts who have found that recent tax changes have resulted in an unacceptably high level of taxation (especially as regards trust income from dividends) should give consideration to the possibility of amending the...
Lost Will Confirmed by the Court
7th July 2011
A very unusual case illustrates the lengths to which the courts may go in order to sort out disputes involving lost wills. It...
Councils Urged to Allow Residential Use of Farm Buildings
4th July 2011
The Government has suggested that councils in rural areas consider changing their planning policies to allow unused farm buildings to be converted to use for residential purposes, rather than insisting that they only be used as farm...
Credit Card Agreement Enforceable
1st July 2011
Debtor Patrick Brophy must pay his credit card bill, following the failure of his bid to overturn a High Court decision dismissing his appeal against a 2009 judgment in the Willesden County Court. Mr Brophy
Discretionary Trusts - Possible Ways Forward
28th June 2011
Clients who have discretionary trusts in place are reminded that the advent of higher rates of tax since April 2010 may warrant a review of the trust structure. Since April 2010, trustees of discretionary trusts...
Earning Capacity Not an Asset
24th June 2011
When settlements in divorce cases are being determined, the contributions made to the marriage by each party will often be relevant. However, a recent decision of...
Statutory Will Ordered When Existing Will in Doubt
22nd June 2011
An unusual instance of the creation of a statutory will was reported recently, when an application for a statutory will was granted to the daughter of a woman...
