“A lot of the work that I do is historic-the maximum sentences change at different points of time. It's really complicated and people get it wrong all the time. That's when having a timeline is really useful.”
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In this issue: Wills Court of Protection UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Budgets and Finance Bills Contentious trusts and estates Pensions, insurance and tax efficient investments International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Useful information Wills Llamas, legacies, and legalities—does a gift in a Will fail if the charity ceases to exist? (British Camelids Ltd v Brooke Hospital for Animals) Animal-loving conservationist Candia Midworth, who kept llamas on her Surrey farm, directed that her £1.9m estate be shared equally among a number of animal charities. By the date of her death on 8 April 2022, some of those charities had either passed their functions to successor bodies or disappeared entirely. British Camelids Ltd, as claimants,...
In this issue: Court of Protection; UK taxes for Private Client; HMRC Manuals updates; Tax avoidance, evasion and non-compliance; Insolvency—Private Client; Contentious trusts and estates; Pensions, insurance and tax efficient investments; International; Question of the week; Additional Private Client updates this week; Daily and weekly news alerts; LexTalk®Private Client: a Lexis®PSL community; New and updated content; Dates for your diary; Trackers; Latest Q&As; Useful information. Court of Protection Court of Protection rules that evidence from a family member and ‘expert by experience’ is not admissible in dispute over treatment plan (University College London Hospitals NHS Foundation Trust v HER) This Court of Protection matter involved HER, a 53-year-old with a metabolic disorder and epilepsy, who lacks capacity to decide on her medical care. A disagreement arose between the treating hospital trust (the Trust) and HER’s sister (SR) about the Trust’s proposed new medication plan for HER. SR objected to the plan, drawing on a lifetime of observing HER’s responses to different treatments...
In this issue: Trusts Court of Protection UK taxes for Private Client Budgets and Finance Bills HMRC Manuals updates Charity and philanthropy Pensions, insurance and tax efficient investments International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Trusts Delivery of deed of variation requires objective evidence of intention to be bound (Canarapen v Gauchenot) The Chancery Division confirmed that a deed of variation had been effectively delivered and was binding, clarifying that delivery is proved by objective indicators of an intention to be bound rather than any subjective preconditions, and that later remorse or supposed misunderstandings about future events do not vitiate a valid deed. The claimant nephew sought a declaration that a deed transferring his aunt’s one‑third interest in a...
This Practice Note outlines the available resources concerning safeguards and liabilities arising from acts or failures to act that constitute sexual orientation discrimination, or other forms of prohibited conduct linked to sexual orientation. The detail here is intentionally limited, as the principal aim is to point subscribers towards comprehensive materials contained in additional Practice Notes that explore each element in depth. Consequently, treat this Practice Note as an entry point for research; full coverage is provided only in the places signposted below. Its role is to point you forward, not to replace the comprehensive Practice Notes that address each strand of the topic at length, and the links below are where complete information is intended to be consulted and used. The characteristics protected The Equality Act 2010 (EqA 2010) affords protection against discrimination and other prohibited conduct connected to particular listed characteristics a person may have. Some protections apply solely to one such characteristic. Others operate uniformly across all of them, which together are described as ‘the protected...
ARCHIVED: This archived Practice Note centres on the abolition of contracting-out on a money purchase (or protected rights) basis, taking effect from 6 April 2012. It is not maintained and remains archived. For general information concerning the meaning of contracting-out, see the Practice Note entitled: What does ‘contracting-out’ mean for pension lawyers? Contracting-out on a money purchase basis before 6 April 2012 Contracting-out was the route by which an individual (whether employed or self-employed) could choose to waive accrual of the part of the State pension which, before 6 April 2016, was called the additional State pension (or Second State Pension (S2P)). Contracting-out on a money purchase basis (also known as DC contracting-out) first became possible in April 1988. A money purchase form of contracting-out required the relevant contracted-out pension scheme to grant members ‘protected rights’ in lieu of the state benefits forgone as a consequence of contracting-out. Schemes contracted-out on a money purchase basis Before 6 April 2012, protected rights could be provided through the...
Welfare benefits Welfare support has been reshaped, with several payments consolidated or replaced. Universal credit was meant to take over working‑age benefits by 2016/17, but that target was missed. The managed move from working‑age benefits to universal credit was accelerated in April 2024, with completion expected by March 2026. At present, both systems run side by side, which can cause confusion for practitioners. State benefits can be grouped into four areas: Income maintenance benefits (non‑means tested)—intended to replace earnings, with a limited amount of work sometimes permitted. They are not means tested and a partner’s income is not taken into account Benefits for disabled people and families—set to recognise the extra costs linked to disability Means‑tested benefits—assessed on both members of a couple and often acting as a top‑up because social security rates are so low Tax credits—paid to older people who remain in work and are responsible for dependent children. No new claims are allowed; instead, a claim would now be for...
To: Newcastle Pension Centre, Futures GroupThe Pension Service9 Post Handling Site AWolverhamptonWV98 1AFUK Date: [ insert date ] Dear Pension Service Our client: [ insert client’s name ] Date of birth: [ insert dd/mm/yyyy ] National Insurance number: [ insert NI number ] We represent [ insert client’s name ] in connection with divorce and financial proceedings. Please find enclosed: a letter of authority executed by our client permitting you to disclose information to us concerning their state pension [ a completed Form BR19 ] [ a completed Form BR20 ] We would be grateful if you would provide us with a [ state pension statement AND/OR cash equivalent (CE) valuation of any additional state pension ]. We look forward to hearing from you. Yours faithfully [ firm name ] Enc [ Form BR19 ] [ Form BR20 ]...