The Question of Ownership? Joint Tenants vs Tenants in Common
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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 […]
Have you got a standard form trust and require advice on what you can do as a trustee? Buss Murton Law can help.
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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 […]
What to consider from a legal perspective upon receipt of a dementia diagnosis
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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 […]
Care Costs and paying for them – fact amongst the hyperbole
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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 […]
Assessing Mental Capacity
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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. […]
DIY Wills and why they are a false economy
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“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 […]
“I put my house into a trust to avoid paying Inheritance Tax and care costs”
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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 […]
How can non-married, non-civil partners be impacted by the Residential Nil Rate Band Allowance?
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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 […]
Mental incapacity and being a trustee
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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 […]
Debunking Domicile and Inheritance Tax
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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 […]