All Private Client Solicitors articles – Page 47
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Analysis
RGB v Cwm Taf Health Board and others
The husband of a woman with Alzheimer’s disease applied for declarations that the defendant health board acted unlawfully in depriving him and/or his wife of a right to family life.
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Analysis
Markou and other v Goodwin and others
High Court considered whether the deceased, who suffered from underlying dementia, had had testamentary capacity to execute a will in favour of a defendant who was not a relative.
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Analysis
TA v AA (by his Litigation friend, the Official Solicitor)
Application for appeal against the dismissal of an application under section 21A, Mental Capacity Act 2005.
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Opinion
New year, old values
In an increasingly commercialised world, the traditional values of professionalism seem less and less appreciated. Which makes them all the more important for solicitors in a liberalised market, says Simon Leney, Private Client Section chair
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Feature
Standard questions
Bryn Hughes explains how setting a quality standard can help consumers – who already rate specialism and experience over cost when purchasing legal services – to make a more informed choice of provider
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Feature
Irish origin
For solicitors acting on a UK-based estate which includes Irish assets, Maria Lakes explains what is needed to complete the detailed and sometimes lengthy process of obtaining an Irish grant to deal with these assets
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Feature
Statement of intent
The 2013 autumn statement was quickly followed by the draft 2014 Finance Bill, containing 673 pages of tax changes. David Bennett summarises those most relevant to you and your clients
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Feature
French resistance
A change in the law presents a potential issue for English clients relying on a popular French savings product to avoid forced heirship rules, warns David Anderson
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Feature
Fertility tests
Patricia Wass looks at how the Court of Protection cases approaches sterilisation and abortion
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Feature
Influencing factors
Rosanna Foskett examines the recent judgment in Hart and Samways v Burbidge, which illustrates how the courts will apply the principle of presumed undue influence, even where such influence was not intentional
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Feature
A developing trend
As farmers are increasingly looking to sell development land, solicitors seeking the most tax-efficient way of structuring the transfer must examine a number of complex factors. Julie Butler outlines the key issues
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Feature
A farewell cure
A recent case has shed light on the law relating to gifts of land made in contemplation of death, under the principle of donatio mortis causa. Clara Staunton examines the issues
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Feature
Staking a claim
With claims under the Inheritance (Provision for Family and Dependants) Act 1975 currently on the rise, Philip Jenkins examines some issues of practice and procedure, and looks at how the Inheritance and Trustees’ Powers Bill will potentially remove some obstacles to bringing claims
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Feature
Asking the question
By making clients aware of the option of leaving a small charitable gift from their estate once friends and family have been looked after, solicitors can make a huge difference to many good causes, writes Rob Cope
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Feature
Back to basics 30: Tax reliefs
Sima Pankhania and Richard Mannion consider the various tax and investment reliefs available to private clients in managing their personal tax liabilities. In particular, the taxes covered here are income tax, capital gains tax (CGT) and inheritance tax (IHT).
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Feature
PS November 2013
This edition features tax advice in Mehjoo v Harben Barker, lay OPG deputies and attorneys, proprietory estoppel and TOLATA claims in Creasey v Sole, probate software, contested probate, working with LGBT clients, PI claims and means-tested benefits, FATCA, family businesses, and international probate (including Jersey and Belgium)
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Feature
PS September 2013
This edition features will-drafting, LPAs and CoP cases, contentious probate, invalid wills, asset protection trusts, business development, international probate, professional negligence, trustees’ decisions, taxation, advance decisions and HWLPAs, capacity to marry, paying for long-term care, end-of-life care, pre-nups, and IHT reliefs for farming families
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Feature
PS July 2013
This edition features trustees with conflicting interests, forensic accountants, using artwork to meet tax liabilities, the RDR, WIQS, wealth planning, elderly care, being a charitable trustee, probate in France and Jersey, deathbed mental capacity, Green Deal and probate properties, investment bonds, and conflicts of law in cross-border cases
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Feature
PS May 2013
This edition features deathbed wills, Hawes v Burgess on solicitors’ evidence, capacity to consent to sexual relationships, estate administration mistakes, referrals to financial advisers, the 2013 budget, international probate, holiday lettings businesses, pro bono work, pre-nups and matrimonial property regimes for international couples