Test – Page 183
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Analysis
Home and away: inheritance claims by cohabitants
Lesley King considers an interesting decision on Inheritance Act claims by cohabitants, plus HMRC’s latest proposed changes to the taxation of relevant property trusts.
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AnalysisSpotlight: Martin Retail Group Ltd v Crawley Borough Council
The Central London County Court has held that a permitted use restriction in a lease breached competition law and was therefore unenforceable.
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UpdateSRA issues guidance on will-writing
The Solicitors Regulation Authority (SRA) has issued guidance for solicitors preparing wills, to remind solicitors of their responsibilities and the outcomes that should be achieved in chapter 1 of the SRA Code of Conduct 2011.
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News
New consumer contracts regulations
New consumer protection regulations which came into force on 13 June will apply to solicitors’ retainers entered into on or after that date. Solicitors will need to review their standard retainers, client care letters and model agreements.
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Update
WIQS update
The Wills and Inheritance Quality Scheme (WIQS) launched by the Law Society earlier this year is fast approaching the 100-member mark
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NewsRight to die appeal dismissed by Supreme Court
A majority in the Supreme Court has dismissed two appeals seeking a ruling that current English law is incompatible with the right to dignity and a private life.
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OpinionAll is forfeit
Simon Leney looks at the implications of the Forfeiture Act for mercy killings
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FeatureConspicuous consumption
New consumer contracts legislation introduced in June needs to be addressed in all solicitors firms’ terms of business and client care letters. Ian Bond and Helen Clarke outline the implications for private client practitioners
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FeaturePullan apart
The recent case of Pullan v Wilson reiterates the importance of ensuring that professional trustees’ fees are reasonable. Adam Draper examines the case, and the lessons to learn for solicitor trustees
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FeatureTied up in knots
Mark Harper provides an update on pre- and post-nuptial agreements, including recent case law, the Law Commission’s proposals, and issues relating to international couples or those with assets abroad
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FeatureBack to Basics: FATCA and UK trusts
Jo Summers explains what FATCA is and its application to UK trusts
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FeatureAn expensive lesson
Recent years have seen private school and university fees rocket, and private client practitioners are more likely than ever to be asked by clients, whether parents or grandparents, for advice on tax-efficient fees planning. Mark Brownridge offers some tips
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FeatureHandle with care
The Care Act 2014 has received royal assent and will come into force in October. Philip Evans explains some of the key provisions on care funding and local authorities’ duties, and their impact on private clients and their advisers
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FeatureEnrol with the punches
Clients who employ care or support staff directly will have pension obligations under the new auto-enrolment scheme, and professional deputies have a key role in advising them on compliance. Jane Bennett and Sean McSweeney explain
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FeatureRecipe for succession
The EU’s regulation on succession comes into force in just over a year. Richard Frimston explains what action practitioners need to take now where clients have EU assets, residence or domicile
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FeatureThe promised land
Adam Boyle outlines the lessons to learn from the recent high-profile proprietory estoppel case of Davies v Davies
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FeatureForward planning
A recent case has highlighted the effectiveness of advance decisions and statements in ensuring an individual’s wishes for their care and welfare are respected if they lose capacity. Ann Stanyer explains how they work, and the implications of the case
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FeatureSafe from harm
Frances Coulson argues that government plans to lift the insolvency litigation exemption are misjudged
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FeatureThe new portal: the view from the courts
Case law relating to portal claims come under Kerry Underwood’s spotlight