Raworths LLP
Stamp Duty Land Tax and Second Properties – The Basics Stamp Duty Land Tax and Second Properties – The Basics

Legal Articles

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

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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May 16

Stamp Duty Land Tax and Second Homes – 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 property sales. Levied...

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Apr 16

Warnign for Holders of US Assets

If you hold assets in the USA, you should be aware of an issue that has started to arise in estates in which there are US shareholdings, especially where these...

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Feb 16

A Guide to the Adoption Process

The most important requirements for adoption are that the adopter must be over 21 years of age, the child to be adopted must be under the age of 18 and...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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,...

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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...

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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,...

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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...

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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...

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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...

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Sep 15

HMRC Guidance on Tax Residence

Following changes in the tax legislation governing the income tax payable by non-domiciliaries, and some relevant tax cases, HM Revenue and Customs (HMRC) have updated their guidance on tax residence...

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Jul 15

Making Your Will – Guidance

It is easy to keep putting off making a will. However, having a valid will is the only way to guarantee that your estate goes to who you want it...

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Jul 15

How do I Leave Money to Charity in My Will?

It's easy to include a charity in your will, but you should always consult your solicitor before you write or change your will  to be sure it reflects your exact...

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Jul 15

Asset Valuation Problems – Chattels

When dealing with an estate, an increasing problem for executors is the valuation of assets in the form of the chattels of the deceased. In probate terminology, chattels are the...

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Jul 15

EHRC Publishes Revised Tips for Disabled Travellers

Under European law, disabled persons and persons with reduced mobility have a right to receive help to get through the airport and board their plane when travelling on flights to...

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Jul 15

Pension Flexibility – Basics

  There has been a great deal of publicity about the forthcoming changes in the law relating to pensions and their uses. The changes are comprehensive and change the tax position...

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Jul 15

Fiscal Help for your Student Children

If you have children going away to university there are money saving options worth considering, if you are in a position to take advantage of them. The cost of accommodation is...

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Jul 15

Avoiding Inheritance Tax with Discounted Gift Schemes

Inheritance tax (IHT) is payable at 40 per cent on the net value of a person’s estate above £325,000 (the nil rate band for  2014/15 and 2015/6). It affects an...

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Jul 15

Putting Cash into a Family Business

When younger members of a family start a business, they often ask other family members to provide part of the necessary capital. If you are approached to do this and...

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Jul 15

IHT Planning and the AIM

In recent years, Inheritance Tax (IHT) has affected more and more families, largely due to rising house prices. IHT is payable at 40 per cent on the net assets of...

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Jul 15

Taking Children into Care – The Legal Process

We often hear of children being taken into care, but the process by which this occurs is not well known. The Children Act 1989 lays down the circumstances under which...

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Jul 15

Divorce and Foreign Residence: Children

When a marriage breaks up, it is usual for the couple to separate physically as well as legally and in some cases the physical separation can be considerable. With the...

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Jul 15

Cohabitation Agreements – Protection for Unmarried Couples

One of the most common myths in English law is that there is such a thing as a ‘common law marriage’. It simply doesn’t exist and this misapprehension has led...

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Jun 15

The Process of Divorce

Although divorce is a commonplace occurrence these days, few people going into their first divorce have much idea about how the process operates. Here is a brief guide. The process...

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Jun 15

Relationship Break Up and Tax

Getting divorced is never a pleasant experience and couples going through the process have a lot to think about. Whilst management of the tax consequences of the split is not...

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Jun 15

Pre-Nuptial Agreements: Wise Planning for the Wealthy

Following a decision in the Supreme Court, in which a pre-nuptial agreement entered into by a German heiress and her husband was held to be enforceable, wealthy families worried about...

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Jun 15

Post-Nuptial Agreements – the Basics

More than 40 per cent of marriages end in divorce (in England and Wales more than 110,000 couples divorce annually) and when one in five of all men and women...

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Jun 15

Pensions and Divorce

Divorces among the over-60s are by no means infrequent and, whilst the potential for acrimony arising from issues concerning young children is absent, they often do produce a great deal...

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Jun 15

Living Together Agreements

When you begin living together as a couple, without being married, it is best practice to set up a trust deed to make clear your joint wishes and intentions concerning...

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Jun 15

Guide to Parental Responsibility

The 1989 Children Act aimed to clarify the law regarding who could look after children. One of the main new concepts introduced by the Act was that of ‘Parental Responsibility’...

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Jun 15

Divorce and the Family Home

Family break-up is always complicated and when there is a property involved, things can get very complex indeed. In principle, when a couple are cohabiting (not married or in a civil...

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Jun 15

Divorce and the Company Director

Divorce is almost never easy and the financial negotiations can be protracted and difficult, particularly when there are business interests involved. In this article we consider some of the issues...

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Jun 15

Child Maintenance Explained

The Child Maintenance and Enforcement Commission (CMEC) – a statutory non-departmental public body – was established in 2008 to take on the work of the Child Support Agency. At the...

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Jun 15

Child Custody Explained

Arrangements over the custody of children (called residence arrangements by lawyers) after the breakdown of a relationship are usually best decided without the intervention of the court. Unfortunately, it is not...

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Jun 15

Business Assets and Divorce

Divorce is seldom an easy business, but the problems are compounded when there is a family business involved. The division of the spoils has traditionally been the subject of a...

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May 15

What is a Trust?

A trust comes into effect when a ‘settlor’ places money, land or other assets in the hands of trustees. The trustees are the legal owners of the property but are...

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Mar 15

Buying a House and Consumer Protection

With the appointment of a Property Ombudsman, the laying down in statute of the duties of estate agents and the passing of the Consumers, Estate Agents and Redress Act 2007...

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Mar 15

Buying Abroad – Considerations

After another cold, wet summer and with dull economic prospects at home, you might be thinking of buying a property abroad or even making a permanent move to foreign climes....

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Mar 15

What Happens on Intestacy?

The Inheritance and Trustees’ Powers Act came into force in late 2014. It changes intestacy law in England and Wales to allow a deceased's estate to pass to their widow,...

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Mar 15

Helping Your Executors

Being an executor is a demanding job at the best of times and a task that is made all the more difficult when the deceased has not given proper thought...

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Mar 15

Paying For a Permanent Home Care Place

These regulations will be subject to change, starting in 2015. Many people, as they grow older, worry about where they will live if they are no longer able to manage in...

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Mar 15

Package Tour Problems and Travel Delay – Your Rights

We often hear of problems associated with package tour holidays and customers' attempts to gain compensation. It is important, therefore, to know what is and what is not a package...

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Mar 15

Cohabitees and Death – Who Can Claim?

When one member of a cohabiting couple dies, it can come as an unpleasant surprise to the bereaved partner to discover that not all of their late partner’s estate will...

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Mar 15

Charity Trustees – Guidance

The regime governing charities has been progressively tightened up over the years, making the sort of scandals that were once not uncommon much more of a rarity. This means that...

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Nov 14

Guide to Law on Squatting in Residential Premises

After carrying out an extensive consultation exercise, which closed in October 2011, squatting in residential properties has now become a criminal offence. Criminal squatting occurs when: a person knowingly enters a...

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Jul 14

Who is Under the Influence?

The law recognises that some people (such as solicitors or accountants) have a high degree of influence over other people (their clients), since clients hire their professional advisers for the...

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Jul 14

Planning Law Basics

Whether you are planning to refurbish and sell a house or to construct a whole new apartment block, almost all your plans will be governed by planning laws and any...

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