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Latest blogs and legal updates

Executors: why you should advertise for creditors

Being the executor of a Will can be a difficult task, and not just because of warring beneficiaries; basic tasks, such as identifying all the assets in an estate and paying any outstanding debts, can also occasionally prove troublesome. After all, you need to know that an asset exists or...

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Falls from height

The second biggest cause of death in agriculture Whilst campaigns such as the NFU’s Farm Safety Week have done much to raise awareness of the dangers of farming, the UK’s agriculture sector has the highest workplace death and injury rate of all the main industry sectors with a fatal injury...

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Livery businesses and inheritance tax relief

When liveries qualify for business property relief Business property relief (BPR) is a highly valuable inheritance tax relief which can reduce the taxable value of business property by up to 100% and thus save considerable amounts of inheritance tax (IHT). The grant of BPR is, however, far from automatic and...

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Death, tax and ISAs

Is tax payable on ISAs after someone has died? Individual savings accounts have a number of tax advantages and recently these have been extended so that they apply during the administration of a deceased person’s estate. However, these advantages are sometimes misunderstood. We summarise the extent to which ISAs are...

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Can someone with dementia make a Will?

New figures produced by the Office for National Statistics show that in 2018 nearly a quarter of women who died aged over 80 died of dementia. Dealing with the affairs of individuals with dementia will therefore become an increasingly prevalent problem in the coming years. Many of those with dementia...

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Post-concussion syndrome

What is a post-concussion syndrome? Post-concussion syndrome (PCS) is a group of symptoms of varying severity and duration that affect 10-15% of individuals after concussion. Concussion is a mild traumatic brain injury. It is normally the result of a blow to the head. It can also be the result of...

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Why use a professional to administer an estate?

“the burden of form filling is like a tax in itself” An average of 570,000 people die each year and a number of them will leave assets that require administration before they can be transferred to the deceased’s beneficiaries. If you are the executor of an estate you may feel that...

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Wills, marriage and vulnerable adults

The test of capacity to marry is a lower one compared to some other decisions There has been some recent press coverage about a particular form of financial abuse of elderly people which occurs when a younger person marries an incapacitated older person with the objective of inheriting their partner’s...

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Dangerous Dogs

We assist victims of dog attacks and dog owners under investigation There have been a number of high profile attacks by dogs in the news recently, notably the tragic case of Frankie Macritchie, a nine-year-old boy from Plymouth who was mauled by a ‘bulldog-type’ dog in a caravan during a...

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Appointing a Court of Protection deputy

I act as a Court of Protection deputy for many individuals who need help in managing their financial affairs.  It can be a long and confusing process making an application to appoint a deputy and a solicitor or family member needs to complete a large number forms. There are three...

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Farming partnerships: getting it right

Keeping it in the family A traditional farming partnership is more than a business; in many cases, it is also a family affair. There are benefits to “keeping it in the family” but there is also plenty of scope for misunderstandings and disagreements to arise. These often come to a...

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Court of Protection: A conflict of interests and irregular property transactions

We look at the recent case of a mother whose house was sold by her daughter without her knowledge. JS v KB and MP (Property and Affairs Deputy for DB) Background: DB had been diagnosed with dementia and struggled with basic tasks and information. She was living with her daughter...

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Capital tax planning on development land disposals

CGT & IHT impact on proceeds from land The value of all land has increased substantially in recent years with average land values for undeveloped land now standing at £12000 per acre. If planning permission for development is obtained, the value of the land in question will increase substantially, with...

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Prenups and International Divorce

How could a prenuptial agreement affect an international divorce? When you’re happily in love and planning a wedding, the idea of a prenuptial agreement can seem horribly unromantic. But planning ahead makes a lot of sense if you are already wealthy, in line for a substantial inheritance, or marrying for the...

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Property rights and international divorce

What happens to my overseas property if I divorce? If your marriage has failed and you or your spouse own property abroad, it can make the divorce process even more complicated, costly and drawn out. The way in which overseas property is dealt with during a divorce can depend on a...

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Divorce for British expats

Can I divorce in the UK when I live abroad? If you are originally from England or Wales, but now living abroad as an expat, you can usually get divorced in an English court. This is because, even though your home is overseas – and may have been for many years...

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Is drone technology taking off for farmers?

The advantages and pitfalls of drones We all know that agri-tech is the future of farming and drone technology seems to be leading the charge. Farmers are starting to appreciate the benefits of using drones in a number of ways and to great benefit. As with any new technology, however,...

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International child relocation

International relocation of children International divorce – moving children abroad One of the most emotionally fraught situations arising from divorce or separation is international child relocation – when one parent wants to move abroad with their children, perhaps to pursue a career opportunity, new relationship or to return their country of...

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Expat divorce and pensions

Expat divorce and English pensions Pension Sharing Orders after a foreign divorce The English Court will not automatically enforce orders made by foreign courts in relation to English pensions. So if you are going through an international divorce it’s important to take advice from an international family law expert before...

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Worrying statistics about unexpected deaths in hospitals across the Black Country

What is the problem in Black Country Hospitals? Marguarita Tyne, a clinical negligence expert at Clarke Willmott, is supporting calls for a rigorous investigation into worrying statistics about unexpected deaths in hospitals across the Black Country. Marguarita has been reviewing the emerging evidence in recent reports issued. Figures from NHS...

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