Raworths LLP
Quality Not Quantity of Occupancy Determines Tax Position Quality Not Quantity of Occupancy Determines Tax Position

Archive for January, 2016

Jan 16

Quality Not Quantity of Occupancy Determines Tax Position

For a property to qualify for private residence relief from Capital Gains Tax (CGT), it must in fact have been the taxpayer's residence. HM Revenue and Customs (HMRC) are well...

MORE

Jan 16

Fraudsters Appeal Sentence, But Elderly Left Out of Pocket

Solicitors have to have comprehensive professional indemnity insurance and are regulated by the Solicitors Regulation Authority, so you can be sure that, if anything should go wrong, you will be...

MORE

Jan 16

Lack of Proof Stymies Claim Against Estate

A recent case shows clearly, yet again, how important it is not to rely on oral promises. When a woman gave substantial sums to the man she was in a relationship...

MORE

Jan 16

Decision to Return Bullied Child Not Unreasonable

It is a fundamental principle of family law that the courts will always put the welfare of a child first in making any decision about where the child should live. However,...

MORE

Jan 16

Court Revokes Unfair Property Sale

There have been dozens of cases involving equity release and similar arrangements that have gone wrong. However, there are not many circumstances in which the courts will overturn an agreement...

MORE

Jan 16

The Expanding World of Privilege

'Legal advice privilege' is the legal phrase for the confidentiality that exists with regard to legal advice and has traditionally been interpreted to mean that legal advice between a solicitor...

MORE

Jan 16

New IHT Relief on Family Residences

From 6 April 2017, a new Inheritance Tax (IHT) relief is being introduced that will benefit homeowners in the UK. With house prices having risen rapidly over the years, the...

MORE

Jan 16

Consumer Rights Update

Businesses that deal with members of the public are reminded that the Consumer Rights Act 2015, which received the Royal Assent on 26 March, becomes law on 1 October 2015....

MORE

Jan 16

Mental Capacity – Importance and Assessment

When a person lacks mental capacity, they are unable to create any valid legal agreement – for example to make a valid will. Challenges to wills on the ground that...

MORE

Jan 16

Objectors Thwart Garden Bungalow Development

If a neighbour is granted planning permission for a development to which you object, you might think that there is nothing you can do about it. However, a case in...

MORE

Jan 16

Family Judge Blocks Mother and Child's Move to Australia

The importance of the role of fathers in the lives of their children has been given more and more recognition by the family courts in recent years, as is evidenced...

MORE

Jan 16

Change of Mind Proves Costly for Pensioner

The risks inherent in giving away assets prematurely were illustrated in a recent case, which involved a 76-year-old disabled woman and her son. In 2012, the woman gave her son and...

MORE

Jan 16

Can a Family Member Abroad Look After Your Affairs?

It is becoming increasingly common for older people to need assistance with looking after their day-to-day affairs. Appointing an attorney using a Lasting Power of Attorney (LPA) is seen by...

MORE

Jan 16

Improper Disclosure of Wealth in Divorce Proceedings

When the ex-wives of two very wealthy men found that their divorce settlements had been concluded on the basis of information supplied by their husbands which was clearly wrong, a...

MORE

Jan 16

Council Housing Offers Must Be Suitable for the Whole Household

A 52-year-old single mother with five children, Ms Nzolameso, has obtained a ruling that is of importance to councils and their tenants alike. Ms Nzolameso was evicted when she could no...

MORE

Jan 16

Assessing Mental Capacity – Guidance

One of the conditions which must be satisfied for a will to be valid is that the person making it must be of sound mind. With an ageing population, cases...

MORE

Jan 16

Keeping Your Identity Safe

With the practice of fraud by impersonation becoming ever more frequent, clients are advised to take precautions to prevent being taken for a ride by thieves. Sorting out the problems...

MORE

Jan 16

Divorce and Money

When it comes to dealing with money and divorce, it is important to know what has to be taken into account and the powers available to arrive at fair decisions. For...

MORE

Jan 16

Financial Settlements in Divorce: Factors

The headline-grabbing decisions in a spate of  ‘rich list’ divorce cases in 2007 confirmed that the House of Lords  (now the Supreme Court) is emphasising that marriage is a partnership and that...

MORE

Jan 16

A Guide to Unfair Dismissal

Only employees have the right not to be unfairly dismissed. The right does not extend, for example, to people who are self-employed, independent contractors, members of the armed forces or...

MORE

Jan 16

What is Taxable?

With the Government seeing fit to make HM Revenue and Customs a payer of benefits (pension credit etc.) as well as a collector of taxes, it is no wonder that...

MORE

Jan 16

Enterprise Investment Schemes: EIS and SEIS

Successive governments have recognised that the spirit of entrepreneurialism, though deeply ingrained in the UK’s culture, is not really very well supported by the financial institutions. In an attempt to...

MORE

Jan 16

Should I Buy To Let?

With property values recovering and market returns for many investments quite modest, the buy to let market may seem an attractive proposition. In this article we look at some of the...

MORE

Jan 16

Stamp Duty Land Tax: Beginner's Guide

Stamp Duty Land Tax (SDLT) is a self-assessed tax. The onus is on the taxpayer to make the necessary land transaction return, calculate the tax and pay it across. This is...

MORE

Jan 16

IHT Nil Band for Residential Property

The Chancellor has proposed changes to Inheritance Tax (IHT) whereby relief from IHT is available by way of a 'Residence Nil-Rate Band' for IHT where a person dies leaving their...

MORE

Jan 16

How Inheritance Tax Works

Inheritance Tax (IHT) is paid on your estate when you die and also when money is transferred into some trust funds. Some other transfers during one’s lifetime may also be...

MORE

Jan 16

Funding Care in Later Life

  Under the changes proposed in the Care Act 2014, which received the Royal Assent in May 2014 and which is expected to come fully into effect in April 2016, the...

MORE

Jan 16

Tax Issues for Owners of Two Homes

Ownership of two homes in the UK is becoming more commonplace as couples who both own houses marry, houses are inherited, parents buy houses for their children to live in,...

MORE

Jan 16

Consumer Rights law – Guidance

Since 1 October 2015, under changes introduced by the Consumer Rights Act  2015, it has been compulsory for most businesses to offer Alternative Dispute Resolution (ADR) to their customers if...

MORE

Jan 16

The Duties of Mortgage Lenders

When mortgage arrears are serious and/or there is a breach of the mortgage covenants, the lender will usually seek an order for repossession of the property. Once it has possession,...

MORE

Jan 16

Better Protection for Consumers

  The Government is proposing to improve protection for consumers who purchase goods or services (including those supplied in electronic form) from businesses. Under the Consumer Rights Act, consumers have new rights...

MORE

Jan 16

Divorce and Foreign Nationality

Approximately one in six marriages in the European Union is between persons of different nationalities. Not surprisingly, approximately one in six divorces also involves spouses of different nationalities. This can make...

MORE

Jan 16

Civil Partnerships And Same-Sex Marriage Explained

The first civil partnerships were formed on 21 December 2005, after the Civil Partnerships Act 2004 came into effect on 5 December 2005. Same-sex marriages contracted abroad, however, have been recognised...

MORE