It is not unusual for parties and their legal advisers to agree, despite time limits set out in legislation, to disregard these time limits to give them an opportunity to try and agree their dispute without court proceedings. If they manage to do so they save significant sums on court fees and other associated costs of bringing the claim. If they don’t settle their dispute, they still have the option to pursue their claim, even if the time limits set out in the legislation has expired. Such agreements are referred to as ‘Standstill Agreements’.
If you are a business owner, in business with one or more partners, have you taken time to consider what might happen to the business if you, or one of them, were suddenly not around or capable of taking part?
April 2019 sees the introduction of the new sliding fee scale for probate fees in England and Wales. Prior to these changes, a fee of £215 was payable to obtain the authority to deal with the financial affairs of somebody who had died. If the estate (the deceased person’s assets) was worth less than £5,000 then no fee was payable and if a solicitor was appointed to deal with the estate the probate fee was slightly cheaper (£155).
If you registered a Power of Attorney between 1 April 2013 and 31 March 2017, you can now apply for a partial refund of your application fee. The refund is available to those who applied to register Lasting Powers of Attorney (LPAs) and Enduring Powers of Attorney (EPAs) during that period.
Over the last 20 years, changing social attitudes have led to a shift away from traditional familial relationships towards more informal arrangements. As of November 2017, the unmarried cohabiting couple was the fastest growing type of family in the UK with over 3.3 million cohabiting couples in 2017 in comparison with 1.7 million in 1997 (1). Over a third of cohabiting couples also had dependent children in 2017 (2). Unfortunately, an increasing number of people are taking the decision not to marry without understanding that the relationship between unmarried cohabitants has no legal status in the UK. If the relationship were to break down, there is no body of law upon which the cohabitants can rely for their rights to be protected, unlike when a marriage ends.
The Supreme Court has recently issued a decision in the case of Ilott v Mitson turning on the interpretation of the Inheritance (Provision for Family and Dependants) Act 1975 (the Act ). In England and Wales a testator can choose to distribute their estate to anyone subject to the possibility of an excluded person bringing a claim under the Act.
The Court may decide to make financial provision for a dependent of the deceased be it a child, spouse, or former spouse if the Court concludes that the testator failed to make adequate financial provision for them. Such a claim is more likely to succeed if the Claimant is receiving state benefits.
The existence of Prenuptial Agreements (pre nup) has been given a further boost by a recent Family Court decision at the end of 2016. Whilst pre nups are not legally binding, the Family Courts in England are increasingly willing to uphold pre nups as long as they were entered into freely with full understanding of their implications by both parties. Comprehensive financial disclosure is of paramount importance together with careful drafting and detailed legal advice to be provided to both parties.
New studies have found that Grandparents could increase the financial benefits and legally reduce the effects of Inheritance Tax of their inheritances by thousands when gifting monies before their death.
Since the arrival of the Pension changes on 6 April 2015 many people have overlooked the new Death Benefit Rules and Inheritance Tax (IHT) planning opportunities available for a defined contribution pensions scheme.
Much of what we do now involves some sort of online action, be it paying for something in a shop using our phone or downloading music to listen on the commute to work.
Whatever we do online, through our computers or phones, we are creating a digital legacy that often has some monetary and/or sentimental value. As an estate planning and probate specialist including this as part of persons assets when they pass is becoming an increasing consideration.
| 
When is it okay to be out of time?
If you are a business owner, in business with one or more partners, have you taken time to consider what might happen to the business if you, or one of them, were suddenly not around or capable of taking part?