Archive for August 2018

A large supermarket recently carried out a survey which indicated that 91% of us think about our mortality regularly and a third of us speculate on our own death at least once a week. But whilst some of us clearly do think about life after death, the majority don’t have a Will. The reluctance to…

The Court of Protection is the specialist court with jurisdiction over the property and financial affairs and personal welfare of people who lack the mental capacity to make decisions for themselves. However, the Court can also give powers to someone else if there is a need for decisions to be made on an ongoing basis.…

Being seriously injured in an accident which is not your fault is likely to cause a lot of stress and anxiety, particularly if you are self-employed or if you find yourself unable to work for a significant period of time as a result of your injuries.  You may suddenly find yourself without an income at…

Up until 9th October 2007, it was common for people to have Nil Rate Band Discretionary Trust Wills drawn up as a form of tax planning for the family. The idea of these wills is that everything up to the inheritance tax threshold on the first to die passes into a Discretionary Trust. The funds in…

1. How long does it take? Currently, the court is taking approximately 12 months to process a divorce from start to finish.  It is the same process whether you divorce on the grounds of adultery, or on the grounds of 2 years separation to which your spouse consents.  There is no such thing as a…

From the 6th April 2017 there were changes to the amount a person can own on death before inheritance tax is payable. Previously an individual could own up to £325,000 before inheritance tax was payable on their assets when they die. Where they gift everything to their spouse and have not made any gifts to others…

This year, the High Court considered the case of Thompson v Thompson [2018] EWHC 1338 (Ch), a case involving a son who claimed he was promised all his life by his parents that he would inherit the family farm on their death. The Claimant was one of five siblings but his parent’s only son. He claimed that…

1. What rights do Grandparents have? Grandparents, currently, do not have any legal rights over their grandchildren. The only people with legal responsibility for a child is their parent, or anyone with the benefit of a court order in their favour, such as a Child Arrangements Order or a Special Guardianship Order.  If the relationship has broken…