Uncategorised Archives - Buss Murton

Category: Uncategorised

The effects not having an appropriate Will can have on your adult children

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The court system over the years has had many cases and the latest is those is Miles -v- Shearer from 2021; a case by adult children. Cases by adult children are said to be difficult, although not impossible with the appropriate evidence, particularly where such adult children are able-bodied and capable of providing for themselves […]

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Making a Will where you know there’s trouble ahead

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This article is not intended as information/a guide as to how to bring and/or 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 of having […]

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Digital assets in later life planning

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Technology is increasingly playing a major role in our lives and this trend will no doubt continue. In order to keep up with technology, we must develop our knowledge and understand the impact it has on us and our families, especially post-death when we and our loved ones are most vulnerable. When undergoing the task […]

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No-fault Divorce – what we now know

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In March 2022 we wrote an article about the introduction of the new ‘no-fault’ divorce process, set to come into force on 6th April 2022. Prior to its introduction it was not entirely clear how the new process would work in practice and what issues might arise as a result of this change. However, four […]

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What is the difference between a life interest entitlement, under a Will, and a right to reside entitlement, under a Will and why does this matter and where may each solution be better than the other?

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It has frequently been the case, stretching back to the Victorian era and previously, that an individual looking to make a Will  (hereafter called ‘the Testator’) which makes provision for their surviving spouse or a person occupying a similar position on the one hand and others, (who may be younger and children of the Testator […]

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Nil Rate Band Allowance – Part 3

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  However, there is a nasty surprise when it comes to ascertaining how far over the value ceiling you, as a couple, or as the survivor of a couple, may well be. Let us say you have a property and investments and cash worth £1,999,999, and BPR assets worth say £350,001, whether those are: BPR […]

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Nil Rate Band Allowance – Part 2

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  For a married/ civil partnership couple with children/ step children etc. and assets of £1,000,000, on the survivor’s death, no inheritance tax will be payable, because the value of the combined Nil Rate Band Allowances ( a double one in this instance) (‘NRB’) together with a double pair of Residential Nil Rate Band Allowances […]

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Nil Rate Band Allowance – Part 1

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  This article builds on articles that this firm published some five years ago. All of us have what is called a nil rate band allowance which is currently set at £325,000. That can either be used on death as an allowance threshold of assets that can pass free of inheritance tax to non-exempt beneficiaries, […]

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Review Your Will

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Many people appreciate the importance of having a Will in place. The absence of one, or one that has not been correctly executed, can result in catastrophic consequences for bereaved families which could easily have been avoided. It is important to remember that having a Will in place is only one step when it comes […]

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The New ‘No fault’ Divorce

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Currently, in order to obtain a divorce in England, it is necessary to prove that the marriage has ‘irretrievably broken down’ and unless the couple has been separated for at least two years, it must be proved that the breakdown resulted from either the respondent’s adultery or “unreasonable behaviour”.  Unsurprisingly, the requirement to cite adultery […]

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