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Legal Articles
Shared Parental Leave and Shared Parental Pay: A Guide for New Parents
Shared Parental Leave was introduced a decade ago to encourage greater paternal involvement in childcare. However, the scheme is facing increasing criticism for failing to meet its intended goals. Despite its aim of allowing parents to share leave and pay after the birth or adoption of a child, analysis reveals that the scheme suffers from […]Read More >
What are Building Regulations and what can happen if there is a breach?
Building regulations are a set of legal requirements which control the methods and materials to be used in the construction or alteration of a property and impose minimum standards for carrying out specified works in or about buildings. For example, you might need building regulation approval for many alteration projects such as the installation of […]Read More >
The Budget and What Next for Farming Families? – Part 2
To read part 1 of this article, press here For some farming families, the mantra of passing down assets well before death has been something that they have practised for years. That continues to be attractive – if one is faced with paying an Inheritance Tax bill of say £200,000 on the second million […]Read More >
Stamp Duty Land Tax – Changes are Coming Once Again
Stamp Duty Land Tax (SDLT) – a tax which falls due to HMRC when purchasing property in England and Northern Ireland. The Government’s Autumn Budget brought about changes for property acquisitions in England and Northern Ireland, which included the immediate increase of fees for investors and second homeowners. Has this had any impact for […]Read More >
Mediation Matters when Relationships Break Down
When relationships break down it is often very difficult to know where to start in sorting things out. There are lots of things to think about as well as dealing with the emotional fallout. You may be worried about your income and how everything can be afforded, whether you might have to move home, the […]Read More >
The Budget and What Next for Farming Families? – Part 1
The thunderbolt changes to Inheritance Tax for farmers announced in the Budget go live at the end of March 2026, if of course one takes the view that the government will not choose to backtrack in light of the reaction from farmers. But the very fact that the current system is in place until then […]Read More >
Commercial Property Leases and Security of Tenure – Part II of the Landlord and Tenant Act 1954
“My tenant mentioned ‘security of tenure’ so I thought I should check with my Solicitor what that means for me”. These were the words spoken to me by a landlord client recently who had just been told by an informed tenant, in no uncertain terms, that they had a right to remain in the property […]Read More >
Inheritance Tax and Equity Release – Part 2
In part 1, we discussed what Equity Release is and how it can be teamed with Inheritance Tax planning to reduce the Inheritance Tax payable upon death. Click here to read part 1. Equity Release and Gifting Equity Release coupled with gifting can effectively decrease the amount of Inheritance Tax payable by beneficiaries. That […]Read More >
Inheritance Tax and Equity Release – Part 1
How does Equity Release affect Inheritance Tax, particularly in light of the forecast changes to Inheritance Tax brining in the value of pensions after 6 April 2027? This article should not be considered as bespoke legal advice suitable to you and your circumstances. It also does not remove the need to seek appropriate financial advice […]Read More >
The Government’s Right to Buy Changes
As part of the eagerly awaited Budget on the 30th of October 2024, much of the information regarding changes to Stamp Duty Land Tax was disclosed as well as changes to the surcharge for investment properties. That said, there was less information publicised as to the changes to the Government Right to Buy Scheme […]Read More >
The New Rules for the Digital Marketplace
The Digital Markets, Competition and Consumers Act (DMCCA) is a new law that aims to reshape the UK’s consumer protection landscape. But what does it mean for the average person? At its core, the DMCCA is about preventing businesses from engaging in unfair commercial practices. These are tactics that mislead or pressure consumers, often leading […]Read More >
Will Trusts – a brief guide
One thing we are asked about frequently, and one of the most complicated aspects of Wills, is trusts and how they work, how they can be utilised in your Will, and the relevant tax consequences. Trusts are frequently misunderstood by clients as they can be difficult to explain without over complicating matters causing clients to […]Read More >
October Budget: changes to pensions and the impact that has on those leaving 10% of their estate to charity
The implications of the budget will continue to be felt many months if not years into the future. The changes, as far as money purchase pensions, with value in them at the date of the pensioner’s death counting towards that individual’s Inheritance Tax estate, only comes in as of April 2027. For those who die […]Read More >
The Government’s October Budget 2024: Inheritance tax, Wills and those who need to review their Wills.
It is important to note that the changes which are discussed hereafter are ONLY applicable for those with certain types of Wills and certain types of assets, and that it is only relevant for those with such Wills and assets who die AFTER 6th April 2026. Before that time, the existing rules apply (which are not […]Read More >
Budget Bingo – The Results are In!
In our article published 22 October 2024 we speculated as to what the Chancellor might announce in respect of changes to aspects of the current tax regimes that affect the Private Client market. Much of what was announced had already been leaked, so there were no huge surprises. Certainly, the Chancellor did not go as […]Read More >
Tips to think about if you are considering a Divorce
Think about how you would like to resolve things with your spouse. If you have children, it will probably be very important to you that you remain on at least civil and hopefully, amicable terms, so you can continue to communicate openly about your children and co parent them in the best way possible. You […]Read More >
Budget Bingo – What can we expect from the Chancellor’s Autumn Statement?
A hot topic of conversation amongst Private Client professionals is speculating precisely what the Chancellor will announce on 30 October regarding Capital Gains Tax (CGT), Inheritance Tax (IHT) and associated reliefs. We know change is coming, and with our Bingo cards at the ready, what can we expect potentially? It is important to emphasise that […]Read More >
What is the role of a solicitor when buying a house?
Buying a house is one of the biggest investments you will make during your lifetime, and we aim to make this process as smooth and stress free as possible for our clients. We would advise you to get in touch with us to obtain a quotation for our services either when you begin your […]Read More >
The Question of Ownership? Joint Tenants vs Tenants in Common
The Question of Ownership is one that will arise within the early stages of owning a property, whether it is with a spouse, family member or friend. In the UK there are two ways to hold property – as Joint Tenants or Tenants in Common. Both share fundamental differences which could impact the potential sale […]Read More >
Have you got a standard form trust and require advice on what you can do as a trustee? Buss Murton Law can help.
Once upon a time, only the very wealthy had ‘trusts’ and the drafting work was carried out exclusively by solicitors. Times have changed, and often things like ‘discounted gift trusts’ or ‘gift and loan trusts’ and ‘investment bonds’ are sold, and often come with a free at point of use trust documentation from the product […]Read More >
What to consider from a legal perspective upon receipt of a dementia diagnosis
There are an estimated 982,000 people living with dementia in the UK, with this number anticipated to increase to over 1.4 million by 2040. One in two of us will be affected by dementia in our lifetime, either by caring for someone living with the condition, developing it ourselves, or both. Being in receipt of […]Read More >
Care Costs and paying for them – fact amongst the hyperbole
It is very easy to be led astray by headlines such as: “Hated Dementia tax is back as Labour threatens your home, savings and inheritance.” The reality is more nuanced and interesting – various governments have flirted with reform which could have lessened the impact of paying for care for much of ‘Middle England’ who […]Read More >
Assessing Mental Capacity
Almost every aspect of life requires a decision to be made, whether subconsciously, or otherwise. Whether an individual has mental capacity is a key consideration for all legal advisors. To take instructions from a client, a practitioner must be satisfied that that individual has mental capacity, i.e. that they are able to make a decision. […]Read More >
Navigating the UK’s new Employment Law landscape in 2024.
This year, the landscape of UK employment law has undergone a wave of new regulations designed to enhance workers’ rights and protections. Both employers and employees need to navigate this evolving terrain. Employers need to adapt their practices to ensure compliance and avoid potential legal pitfalls. For employees, understanding these new rights is key to […]Read More >
DIY Wills and why they are a false economy
“Why should I engage a lawyer to prepare a Will when I can get one from a stationer for £20, or instruct a Will Writer for half the price of a legal professional?” Here’s why… Case law has established that a Will written on a napkin, or an eggshell is valid if it meets the […]Read More >
Feeling left out? The Inheritance (Provision for Family and Dependants) Act 1975
In England and Wales, you have the freedom to leave your property to whomever you choose upon your death. But what if your loved ones feel they’ve been left high and dry? The Inheritance Act 1975 (the Act) steps in to ensure fairness, allowing certain individuals to challenge a Will that doesn’t adequately provide for […]Read More >
“I put my house into a trust to avoid paying Inheritance Tax and care costs”
Planning for the future often involves finding ways to minimise the Inheritance Tax (IHT) burden and preserve the assets you’ve worked hard for. For most individuals, their home will be their biggest asset. To avoid paying IHT or selling the property to fund care, many look at placing their home in a trust, believing this […]Read More >
Costs in family proceedings
Unsurprisingly, most people who are going through, or contemplating, family Court proceedings are anxious about the financial cost of the proceedings. Many people wonder whether they will be able to claim their own legal costs from the other party. People often assume that, as is the case in most other civil law cases, the “successful” […]Read More >
How can non-married, non-civil partners be impacted by the Residential Nil Rate Band Allowance?
It may seem perhaps counter-intuitive to be writing an article about the Residential Nil Rate Band Allowance when there is a possibility that the new Labour Government may shortly schedule it’s demise; but until that point in time is reached and that repealing measure is on the statute books, then we have the Residential Nil […]Read More >
Non-Court Dispute Resolution
Since a change in the law in April 2024, when someone wants to apply to the court for remedy, the parties are required to inform the Court of their views on “Non-Court Dispute Resolution” (NCDR). The aim of this change is to ensure that people only resort to a Court application after they have considered […]Read More >
Mental incapacity and being a trustee
The assumption is often made that if someone has a Lasting Power of Attorney (LPA) in place, that the appointed trustees will have the authority to deal with matters in the event of mental incapacity of a trustee. This is not true and can cause problems. In the case of an appointed trustee loosing physical […]Read More >
Debunking Domicile and Inheritance Tax
Domicile is a misunderstood concept largely because by its very nature it is subjective and therefore ambiguous. However, it is essential to establish a deceased’s domicile, as this affects the taxation of their estate. Broadly speaking domicile is a person’s permanent, principal home and usually where they have lived physically at some time, albeit they may […]Read More >
What do Leaseholders and Freeholders need to know? The Leasehold and Freehold Reform Act 2024
The Leasehold and Freehold Reform Act (the Act) received Royal Assent on the 24th of May, bringing significant changes to leasehold in England and Wales. Although the Act has been praised for empowering leaseholders and improving transparency in the sector, it has also been criticised for failing to address several key issues. It is also […]Read More >
Understanding Sections 24 to 28 of the Landlord and Tenant Act 1954
The Landlord and Tenant Act 1954 (the Act) has long been a cornerstone of the legal framework governing commercial tenancies. Within this seminal piece of legislation lie various sections that outline the rights and obligations of both landlords and tenants. Sections 24 to 28 outline provisions regarding the renewal of tenancies, offering essential protections and […]Read More >
What does it mean to have the Final Order of divorce?
Nowadays, as an application for divorce is dealt with using the online service and does not require a reason to be given for the breakdown of the marriage, many couples will deal with the divorce application themselves and may not consult a family lawyer at any stage of their divorce. However, what many couples do […]Read More >
I have a Will, so why do I need a Lasting Power of Attorney?
It is important to consider the potential consequence of not having a Lasting Power of Attorney (LPA) in place. Many assume that their spouse or in the alternative that their adult children will automatically have the authority to make decisions on their behalf. However, this is not the case, and without an LPA, those close […]Read More >
Buying your first home
Your first home is an exciting purchase but also one with lots of considerations and documents. This checklist should help you get organised: Budget: Firstly, it’s important to determine how much you can afford to spend. Gather: Collect salary information, bank statements and other evidence of saving and/or investments. If you are being given money by family […]Read More >
Will Beneficiaries, Claimants and Disputes
This article is NOT intended as information/ a guide as to how to bring nor and defend an action under the Inheritance Provision for Family & Dependants Act 1975 (‘IPFDA’75). What it is, however, is some thoughts on how to give instructions for the drafting of a Will by a professional, and indeed, the importance […]Read More >
Inheritance Tax Planning: Is Inheritance Tax in the near future likely to remain a threat to the goal of passing your estate on as intact as possible to your heirs?
Francis Fukuyama in his 1992 book “The end of history…” postulated that Western liberal democracy as a statement for government, underpinned by capitalism, represented the final perfection of government and social economic systems. This is the afterglow of their seeming victory, when viewed against the collapse of the alternative Soviet bloc style of government and […]Read More >
What Fees are Landlords Allowed to Charge a Tenant?
The Tenant Fees Act 2019 was implemented to protect tenants from unfair fees charged by landlords and letting agents. As of June 2020, many fees and charges have been prohibited. Please note: the following guidance applies to England only. Welsh law is covered by Renting Homes (Fees etc.) (Wales) Act 2019. What fees are […]Read More >
Residential Property FAQs – First-Time Buyer
How long does the process of buying a house usually take? In most cases, the average conveyancing for the purchase of a home will take anywhere between 8 and 12 weeks. It can take less time than this or a little longer, depending on the complexity of the property and those involved in any chain. […]Read More >
Selecting an Executor in your Will
An Executor is a person you appoint in your Will who is tasked with the responsibility of administrating your estate. It is by no means an easy role and imposes a personal liability on the Executor should they fail to carry out the role correctly. Given that even the most straightforward estates can become […]Read More >
Is Mediation the right approach for me?
Relationship breakdown can be very difficult for all parties concerned, not just the partners, but for children and wider family. These days people are looking to resolve things quickly with as little acrimony as possible in these difficult times, inexpensively. Couples hope to make things as easy as possible for themselves and their children, seeking […]Read More >
Wills and Business Property Relief – Inheritance Tax danger for owner managers of SMEs
Many owner managers of small to medium sized businesses are aware that on death, their shareholding or partnership interest or sole trader business’ value will qualify for the specialist Inheritance Tax treatment in the form of 100% Business Property relief, which reduced to zero the Inheritance Tax burden that would otherwise arise on any non-exempt […]Read More >
The Renters (Reform) Bill Controversy: Should Landlords be Concerned?
What the Government has called a “once-in-a-generation” transformation of housing laws, The Renters (Reform) Bill is intended to usher in a more equitable letting system for both tenants and landlords. Since its introduction to Parliament in May 2023, the legislative overhaul has attracted significant media and industry attention, causing considerable concern among landlords. According to […]Read More >
The Building Safety Act
Introduced in light of the catastrophic events of the Grenfell Tower tragedy in June 2017, the Building Safety Act 2022 (the Act) contains a vast range of provisions designed to improve the safety of buildings. The Act is particularly significant in terms of its protection of leaseholders, eradicating the standpoint that leaseholders should be the […]Read More >
New Year’s Resolutions
As we come to the end of 2023, many take the opportunity to reflect on the past year and look at setting resolutions for the new year. A brief history lesson Setting resolutions in a new year dates back to Babylonian times (around 4000 years ago) where promises would be made to repay debts. Years […]Read More >
Auctions, cheap as chips?
These days, selling and purchasing a property can feel like a challenging process and in some cases, vendors and purchasers look at other ways in which they can achieves their desired transactions. A method which has never been more popular than now is via auction. Auctions are a popular method in which to purchase a […]Read More >
Residential Property FAQs
I am thinking of buying a retirement property. Are there any differences between these and other freehold or leasehold properties? Retirement properties often have the benefit of a manager on hand for any emergencies. There is also a social element for those persons who would like more social interaction, usually with various events and activities […]Read More >
The importance of updating your Will
Your Will is one of the most important legal documents that you will create during your lifetime. However, it is a common oversight to not review and update your Will consistently, whether this be by an entirely new Will or a Codicil. It is important that you update your Will as certain changes occur in […]Read More >
Pensions on Divorce
With the economy as it is and rising costs generally, understandably, more and more couples are choosing to sort things out between themselves when they separate, rather than taking legal advice. However, although the divorce process itself is now much simpler than it used to be, meaning that couples can usually deal with it without […]Read More >
I have been notified that I am an Executor under the Will of a relative or friend, who has recently passed away. What do I do?
An Executor is a person named in the Will of the deceased who is responsible for carrying out the deceased’s instructions, administering the estate properly and ultimately ensuring that the estate is divided in accordance with the Will’s provisions. Being an Executor is an onerous task in light of the duties and responsibilities afforded to […]Read More >
A Tale of Two Deeds of Variations – Part 2
Last time in my previous article, I demonstrated how a variation could be used, whether in an intestacy situation, or, with a pre-existing will, to ensure that the person inheriting had use of the assets for the remainder of their lifetime, but without the inheritance tax implications on their death of those being in their […]Read More >
A Tale of Two Deeds of Variations
Suffering the death of a family member or any other loved one is a difficult time which can be made even worse if there is no Will or ‘an inappropriate Will’ which does not fit changed circumstance. I use the term ‘an Inappropriate Will’ as an umbrella term to cover circumstances were the Will has […]Read More >
When might a trust be useful?
HMRC reported a staggering 198,000 trusts have been registered with their Trust Registration Service as at 31 March 2022. This figure does not take into account trusts yet to be registered or which do not need to be due to HMRC’s requirements. Trusts are given a bad name because of their often-complex nature and the […]Read More >
What are the cost changes to civil litigation from October 2023?
The fixed recoverable costs regime is due to extend to most civil cases from 1 October 2023. This is following the recommendations from Sir Rupert Jackson in 2017 and a Ministry of Justice consultation on the report in 2019. Currently, fixed costs only apply in a limited amount of scenarios, however this is to be […]Read More >
Changes to intestacy rules
On Fifth of July 2023, the Administration of Estates Act 1925 (fixed net sum) Order 2023 became law and is applicable. Previously, if a person passed away without a Will in place or valid Will in place leaving a spouse or civil partner together with children who survived them, then that widowed spouse or civil […]Read More >
Residential Property FAQs
Are you looking to buy or sell your first property? Do you have some questions about the conveyancing procedure? Our legal experts answer your most frequently asked questions… Do I need to sort out any paperwork when selling my property? As the seller’s solicitor, we will apply for a copy of the title for […]Read More >
What can possibly go wrong with a standard life insurance policy, and what can be done about it?
Perhaps the first generation of people who engaged with financial advisors, ‘en masse’, are now starting to reach the end of their lives, and either pass away or lose mental capacity. Frequently, whole of life insurance policies, often put into trust many decades ago are coming back into view as a result of those changes. […]Read More >
The Probate Procedure Explained…
Have you been named as executor in a Will and you’re not sure where to begin? Or would you just like some clarity on the probate procedure? Our Lucy Head has answered some commonly asked questions below… Do I need a Grant of Probate or Letters of Administration? When someone dies with a will, a […]Read More >
Gifting out of excess income to save on Inheritance Tax – are you making the most of your financial position?
Due to the freeze on inheritance tax thresholds announced by Chancellor Jeremy Hunt announced in the Autumn Statement 2022, a record number of estates are now liable to paying tax, which is charged at the rate of 40% on the sum above any available allowances. As reported in my earlier article when the Autumn Statement […]Read More >
Cohabitation and Later Life Planning
The number of couples opting to live with one another without entering into a marriage or civil partnership is on the rise. Unfortunately, there are many couples who are unaware of their legal rights as they are under the impression, they have the fallback of being a ‘common law wife/husband’. This is a myth. Currently, […]Read More >
Digital LPAs and why, for now, we are not using them
There was a recent piece on the Radio 4 program ‘Money Box’ about the difficulties many have encountered trying to use the digital certificate given at the end of the digitally drafted ‘Lasting Powers of Attorney form creation process’, presumably for Property and Finance, with various banks and other financial institutions. It is probably fair […]Read More >
Technology and Domestic Violence
You may be aware that domestic abuse comes in many different forms and whilst this may manifest as threatened or actual violence whether physical or sexual, there are many other patterns of behaviour that constitute abuse including coercive and economic control, and psychological abuse. The Government has defined domestic abuse as “any incident of controlling, […]Read More >
Illustration of ‘unexpected Capital Gains Tax issues’ arising…
Once, a divorced mother made a Will leaving her estate to her children. The house was her main asset. She died some years back and her Will was probated. The house was registered in the names of the adult children at the Land Registry. One of them moved in, with the other’s agreement. Years later, […]Read More >
Does my Divorce give me a financial clean break?
It’s a commonly held misconception that the divorce resolves all issues between the parties. However, this is not the case. Please note that the new terminology of the Court which refers to the Final Order of Divorce (which used to be called the Decree Absolute) is not also a Final Order in relation to the […]Read More >
The LPA amendment Bill – what it means for you and yours
The Bill to reform the law on making lasting powers of attorney (LPAs) in England and Wales has been published and received its second reading in parliament on 9 December 2022. LPAs are a specific type of power of attorney with a wider scope than ordinary Powers of Attorney. LPAs allow someone to appoint another […]Read More >
To gift or not to gift? The impact of the Autumn Statement on Inheritance Tax
Today’s Autumn Statement saw Chancellor of the Exchequer, Jeremy Hunt, announce what had been predicted by many – an extension to the freeze on the Inheritance Tax Nil Rate Band allowance – amongst other financial measures. The Nil Rate Band allowance has been fixed at its current level of £325,000 per individual since 2009 and […]Read More >
Life assurance policies and investments written in trust – what happens next?
Many people will only come across trusts when they are being discussed in the same breath as life insurance policies, whether those are true protection products or investments structured as a life assurance policy, in the context of the investment/life assurance being ‘written in trust’. These days it’s very simple for such financial products to […]Read More >