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Changes in Trustees – Who Appoints New Trustees? Changes in Trustees – Who Appoints New Trustees?

Legal Articles

Feb 17

Changes in Trustees – Who Appoints New Trustees?

Trusts are relatively common and the death of a trustee is by no means rare. A trust deed normally contains a clause stipulating how new trustees are to be appointed...

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Feb 17

Expert Resolution of Boundary Dispute 'Final and Binding'

Neighbours engaged in boundary disputes would generally be wise to submit their differences to an independent expert for resolution, rather than fighting it out in court. However, as one High...

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Feb 17

IVAs and Mental Capacity – Test Case Ruling

Can individual voluntary arrangements (IVAs) be valid if debtors who enter into them lack the mental capacity to make rational decisions? In an important test case that has clarified the...

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Feb 17

National Minimum Wage and Statutory Pay Rates

The following changes to the National Living Wage (NLW) and the National Minimum Wage (NMW) rates will come into effect on 1 April 2017: The NLW for those aged 25...

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Feb 17

Employee Rest Breaks

Employers Must Be Proactive to Ensure Workers Get Proper Breaks Except in certain circumstances, an adult worker whose daily working time is more than six hours is entitled to a 20-minute...

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Feb 17

Religious Discrimination Claims

The European Court of Human Rights (ECHR) was asked to rule in four UK cases in which Christian employees claimed to have suffered discrimination at work on account of their...

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Feb 17

Reliance on Accountant's Advice Prevents Penalty

When a man inherited a property, he and his wife rented it out and later put it on the market for sale. In May 2010, they exchanged contracts for sale....

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Feb 17

Trustee of Deceased Bankrupt Cannot Claim Payment From Spouse

Financial problems are frequently connected with marital problems, and the interplay between family law and insolvency law can produce legal complications. In a recent instance, the court had to decide what...

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Feb 17

Court Rejects Unprovable Claim of Property Gift

Arguments over the division of estates are unfortunately common where the value of the assets they contain is substantial, especially if family relationships are fractious. In such circumstances, the distribution...

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Feb 17

Council Held to Account Over False Claims

Press releases circulated by public authorities enjoy a high level of credence and are widely published across the media. However, their accuracy is not guaranteed and, in one case, a...

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Feb 17

Government Acts to Close Dubious Investment Companies

An essential role of government is to ensure that companies do not operate against the public interest and tight regulatory regimes exist to prevent this, particularly where investments are concerned...

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Jan 17

When is a Conversion Not a Conversion?

The conversion of agricultural buildings for residential use is commonplace and a special planning regime exists to simplify the procedure for farm owners wishing to convert buildings into residential property....

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Jan 17

Survivorship Clause Leads to Double Benefit for Beneficiaries

There is an established legal principle that where people have wills benefiting each other (as is normal with the wills of a husband and wife) and the order in which...

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Jan 17

Jail Threat for Man Who Failed to Cooperate in Divorce Proceedings

Divorce is normally a difficult time for all concerned and the financial arrangements can be very contentious. Normally, problems revolve around the failure to provide accurate disclosure of assets, but...

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Jan 17

Short-Term Property Rentals – Points to Note

The rise and rise of Airbnb and similar online community marketplaces that allow property owners to rent out their properties on short-term lets has led to many people making use...

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Jan 17

Bankrupt's Pension Safe From Creditors

People who get into financial difficulties leading to bankruptcy will be relieved to hear of a recent decision by the Court of Appeal which has confirmed that a bankrupt cannot...

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Jan 17

Non-Working Daughter Loses Claim for Financial Provision

Claims by disappointed children seeking a share, or a larger share, of a parental estate are on the rise, with the latest figures published showing a year-on-year increase of more...

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Jan 17

Court Compels Insurers to Honour Policy Terms

Insurers are often less than happy to pay up gracefully in the event of a claim and legal advice is sometimes necessary to enforce your rights. In one case, lawyers...

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Jan 17

Claiming Compensation Always Better Than Reliance on the State

The costs of care for people with a disability can be eye-watering and, in many cases, the state may be unwilling to provide a care regime which meets the full...

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Jan 17

Alcoholism and Mental Capacity

In order to make a valid will, you need to know your own mind – and it helps to have a solicitor on hand to advise you. That was certainly...

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Jan 17

Selling Property? Once Contracts Are Exchanged You Must Complete

Every property seller should be aware that, once contracts are exchanged, there is a strict obligation to complete the deal. One woman who failed to do that, following the death...

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Jan 17

Who Needs a Pension if You Have a House?

Two recent surveys have underlined the importance to younger people of getting away from what is increasingly seen as a 'rent trap', in which the high cost of rentals prevents...

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Jan 17

Child Protection More Important Than Family Togetherness

Family judges are used to controversy and accept the fact that there will always be an embittered few who accuse them of 'playing God'. However, one striking case shows that...

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Dec 16

Tenacious House Owner Wins £320,000 Following Compulsory Purchase

Property rights are strongly protected under English law and those who have their land compulsorily purchased by public authorities are entitled to full compensation. In one case, a man whose...

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Dec 16

Delay Denies Financial Support for Divorcee

It is not uncommon for affection and trust to survive the end of a marriage – but legal advice is still almost always required to ensure a fair outcome. In...

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Dec 16

Charitable Principle Not Enough

It seems trite to say that the law is what the law is, but in cases where a decision is reached that is correct under the law but which seems...

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Dec 16

Undisclosed Assets on Break-Up Cause Problems for Executor

When a couple break up, a financial settlement is normally agreed between them as part of the proceedings and that, usually, is that. However, in a recent case involving civil partners...

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Dec 16

Failure to Prove Trust Relationship Stymies Effort to Block Sale of Property

A surprising number of cases are brought to court each year in which allegations are made that the true ownership of an asset is something other than the 'paper' ownership,...

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Dec 16

Fertility Clinic Blunder Led to Mother Adopting Her Own Child

The requirements of the Human Fertilisation and Embryology Act 2008 are strict and any procedural error by fertility clinics can cause untold legal complications and misery. That was certainly so...

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Dec 16

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...

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Nov 16

Claims for Injury in Packed Bus Accident Rejected

When two football supporters travelling in a bus packed with fans made personal injury claims after the vehicle was involved in a collision, the result was a bill for them...

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Nov 16

Need to Ensure Will Understood Emphasised in Court Ruling

There are a number of criteria which must apply in order for a will to be valid and one of the most important is that the person making the will...

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Nov 16

Court Stresses Need for Facts in Child Residence Dispute

Divorces with an international dimension are often complex and, where the question arises as to which parent will look after children and in which country, the courts are often involved. When...

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Nov 16

Right to Daylight Confirmed by High Court

The law relating to the right to daylight is more complicated than one would think, bearing in mind that there is, in principle, a general right to light. Perhaps surprisingly to...

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Nov 16

Tax Avoidance Schemes – Take Care

Entering into tax avoidance schemes is not for the faint-hearted and, once embarked upon, they can be very difficult to leave. In one case, participants in two such schemes failed...

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Nov 16

Bankruptcy Trustees Overcome Block on House Sale Due to Disability

When the father of a disabled girl was made bankrupt, largely through a series of events outside his control, his trustees in bankruptcy sought a court order for the sale...

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Nov 16

Everyone Makes Mistakes

When a businessman died, he left his substantial and complex business affairs in the hands of his executors – his brother, his widow and his accountant. As his business had...

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Nov 16

Insolvency No Bar to Liability for Support Payments

A recent decision of the High Court will come as a comfort to those whose ex-spouses have fallen into arrears with their child maintenance payments. It involved a man who was...

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Nov 16

Park Bench Agreement Leads to Legal Battle

The Court of Appeal has taken the unusual step of concluding that a verbal agreement reached by a couple on a park bench should determine the outcome of a dispute...

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Nov 16

When is a Loss Not a Loss?

Capital Gains Tax (CGT) is a complex tax, but the guiding principle is straightforward. It taxes gains on the disposal of non-trading assets. For a person, profits on trading transactions...

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Nov 16

Are Your Elderly Relatives Safe Against Fraudsters?

Elderly people are often vulnerable to fraudsters and that is why it is essential to ensure that they have access to proper legal advice. In one case that proves the...

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Oct 16

Subjected to Groundless Litigation? You Could Win Compensation!

A ground-breaking Supreme Court decision has for the first time opened the way for compensation claims by those who are subjected to groundless civil proceedings which have been brought maliciously...

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Oct 16

Defiant Divorcee Who Refused to Leave Matrimonial Home Punished

Obedience to court orders is not voluntary and judges possess a battery of powers to enforce compliance. In one case, a divorcee who barricaded himself into his former matrimonial home...

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Oct 16

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...

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Oct 16

Trustees' Duties of Disclosure to Will Beneficiaries

Beneficiaries often have to wait for many years after a person's death to inherit under a will – but to what extent do they have a right to be kept...

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Oct 16

IHT – Don't Forget Annual Reliefs

Inheritance Tax (IHT) is an increasingly significant problem for many people, but it is also sometimes described as a 'voluntary tax' because it is a tax that, with proper forward...

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Oct 16

Injured Abroad? Local Law Applies

In the UK, a person who is injured by an uninsured driver can claim compensation from the Motor Insurers' Bureau (MIB), which is funded by a levy on all motor...

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Oct 16

Getting Divorced – Honesty is the Best Policy

It is a sad fact that divorcing couples frequently try to hide assets from each other, but such manoeuvrings rarely succeed and can have very unfortunate consequences. In one recent...

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Oct 16

Work Done on Your Home? Contractual Clarity is Key!

Building work on private homes is very often carried out on an informal basis without clear contractual terms in place. However, one High Court case vividly shows that such an...

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Oct 16

Trustees Who Act in Good Faith Protected by Court

Beneficiaries are frequently unsatisfied with the actions (or often, the lack of action) of the executors of estates or administrators of family trusts, and the animosities that can arise are...

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Sep 16

Proper Planning Must Be Comprehensive

Many wills involve a degree of planning for Inheritance Tax (IHT) as well as just the appropriate division of the estate, but for any plan to be effective, it is...

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Sep 16

Social Workers Wield Great Power – But the Courts Are Watching!

Social workers can wield immense power over people's lives – but one case clearly shows how carefully their activities are regulated by the courts. A local authority was ordered to...

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Sep 16

Online 'Nazi' Slurs Bring Film Maker Libel Damages

The dangers of 'letting fly' on the Internet are legion and not sufficiently appreciated by some. Freedom of expression is not an absolute right, as one Internet blogger discovered to...

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Sep 16

Stamp Duty Land Tax and Second Properties – The Basics

Stamp Duty Land Tax (SDLT) was brought in to replace the old 'stamp duty' and has been complex since its inception. Among the transactions subject to SDLT are residential property sales....

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Sep 16

Changes to Company Reporting Requirements

The annual return, a fixture of the company reporting cycle for decades, is being replaced by a simpler 'confirmation statement'. The main impact of the change is that the confirmation statement...

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Sep 16

Bank of Mum and Dad Lending Issues

A recent report that the 'bank of Mum and Dad' is one of the leading sources of finance for house purchase will come as no surprise to many – it...

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Sep 16

What Are Financial Needs?

When financial settlements are being made on divorce, one crucial aspect that is taken into account in deciding the structure and value of the settlement is the 'financial needs' of...

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Sep 16

Consumer Protection Regulations

Businesses that deal with the public are reminded that legislation will come into effect soon to give consumers better protection under the law than they currently have. The Consumer Rights Act...

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Sep 16

Out-Of-Date Family Trust Varied to Recognise Same-Sex Spouses

Family trusts often date back many years, and those who drafted them could not have been expected to foresee all the dramatic social changes that have happened since pen was...

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Sep 16

Tougher Rules on Illegal Working Now In Force

The Immigration Act 2016 contains a wide range of measures, including new rules intended to crack down on businesses that employ those who do not have permission to work in...

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