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Silence is Golden: Review of Burns v Burns [2016]

Silence is golden or so they say. This isn’t true however, if you are tasked with taking instructions for the preparation of will. A recent judgment from the Court of Appeal outlines the correct application of ‘the Golden rule’ in cases where testamentary capacity is challenged.

Maintenance payments; do you need the Court of Protections’ approval?

It is not uncommon for someone to provide for the needs of another person. There are many situations where someone will assume responsibility for another person, such as:-

Tax planning for business owners

Business property relief (BPR) is a relief from inheritance tax (IHT) at either 50% or 100% on trading business interests or assets owned by the person claiming the relief. This relief applies to business property either transferred during a person’s lifetime, or on their death, providing they have owned them for the preceding two years.

Does a continued duty of care arise for professionals to correct previous negligence?

A recent appeal case has held that there is no continuing duty on professional advisors to correct previous acts of negligence. Where a professional fails to correct previous mistakes, this does not give rise to a fresh cause of action every day after the mistake has been made.

Corporate divorce: prepare for the worst, hope for the best

When people think about divorce they think about a difficult, acrimonious process and a painful division of assets, all too often with the attitude that if only the other person would be reasonable everything would be straightforward.

HMRC “misdirect” themselves as Court of Appeal quashes follower and accelerated payment notices

A taxpayer successfully appealed his follower and accelerated payment notices in the Court of Appeal decision (Haworth, R (On the Application Of) v Revenue and Customs)

The Financial Ombudsman can still decide based on fairness – even if that is different from the letter of the law

The Financial Ombudsman Service (FOS) decides on financial services disputes by considering what is fair and reasonable in all the circumstances of the case, rather than based on the letter of the law.

Credit for occupational rent

The Court of Appeal case of Murphy v Gooch (2007) declared that a co-owner is entitled to credit for occupational rent from the other co-owner even where payments have been made by one of the co-owners to the mortgage.

100 years of women in the legal profession: #balanceforbetter

This year’s theme for International Women’s Day, #balanceforbetter is focused on raising awareness that a balanced world is a better world.

Setting a trend for success fee recovery in 1975 Inheritance Act claims?

In a recently unreported Inheritance Act 197 claim, His Honour Judge Gosnell sitting at Leeds County Court made the unusual decision to give an award specifically to part-pay a claimant’s success fee.