Welcome to the spring edition of A PRIVATE WORD, keeping you and your family up to date courtesy of a quarterly round-up of news from the legal world and useful, topical advice.
Mandatory Mediation for Divorcing Couples
Divorces can get bogged down in minor details which in turn can put a strain on the courts. In an attempt to avoid this, the government has announced measures which aim to reduce wasted time and money during divorce hearings. If you file for divorce, you will from April 2011 onwards be required to talk to a professional divorce mediator before going to court to iron out minor details which can put unnecessary strain on emotions, finances and time. Those considering divorce will be required to provide evidence of this mediation session before the case will be accepted by the courts.
Auto-Renewals: Beware!
If you’ve ever subscribed to a service online, for example internet security or even online dating, you probably think, like most people, that by entering your payment details you’ll be parting with a one off charge, for whatever period the service covers. However, in most cases, what’s actually happening is you are signing up to services ongoing which will be automatically charged after a month, quarter or year, unless you take steps to cancel them. These steps often involve logging into an account area, or sometimes, calling a customer service helpline – in other words, they don’t make it easy for you! It’s also worth watching out for auto renewals on other types of policies, such as insurances, as quite often that golden deal you got when you first signed up will suddenly multiply once the policy renews, so it’s worth shopping around for comparative quotes. Sometimes you may even find your current provider will match a better quote to keep your business, but if you don’t ask, you don’t stand a chance of getting!
We hope you enjoy our round up of legal stories from the past few months and as usual, you can stay up to date with the latest news by visiting our website. |
Mistakes in Probate Applications  Making an application for probate has many pitfalls, and time and time again the same mistakes are made by those applying to the Courts. To counter these small but ultimately time consuming mistakes, the Court Service has published further guidelines which are outlined in their Inheritance Tax and Trusts Newsletter, which can be accessed via our website. If you want to ensure an estate of which you are the executor is dealt with efficiently, our experienced probate team will be pleased to assist you.
 |
Half-Sister Given Access to Siblings  Ruling who can and who cannot gain access to extended family members is often a very tricky area of law that can lead to cases ending up in court. A recent case has outlined the complex nature of right of access and has seen a half sister, after a successful appeal, gain indirect access to two half siblings despite the father remaining anxious about the implications. Although the father felt allowing access would mean the children’s mother might be able to regain contact with them, the Court ultimately decided that the risks where minimal with the suggested programme of contact.
|
Court Upholds Flawed Judgment When No Practical Alternative  You may think that a ruling which contained legal inadequacies would be overturned on appeal. However, a recent decision relating to child welfare has shown this will not necessarily be the case. Despite technical errors from the Judge, the facts remained the same and as there was no alternative option other than to remove custody of the children from their parents to a foster family, the judgment was upheld. Judges will make mistakes from time to time, but do not assume that if they do, their judgment will become void.
|
Principal Private Residence Relief - Prove it or Lose it  HMRC is coming down hard on property owners who claim tax relief, as one homeowner has recently found out to his cost. HMRC challenged the property owner to prove that a flat he owned between 1999 and 2004 was his principle private residence (PPV) once he failed to declare gain on sale profits of £70,000 after letting the property. Despite claiming he owed no capital gains tax, he could not provide any documentary evidence to prove it was his PPV and now faces a raft of hefty tax and legal bills. This case, which you can read in full on our website, shows the importance of understanding tax laws in relation to second properties. Speak to our experts for essential tax advice.
|
Carer Jailed for £10,000 Theft  If you have elderly relatives, you will of course want them to receive the best care from reliable and trustworthy professionals. However a recent, harrowing case has highlighted a nightmare situation which saw an elderly gentleman have over £10,000 stolen from his bank account by his carer. The judge described the actions as a grievous breach of trust and handed down an 18 month sentence. If you are concerned that a vulnerable member of your family may be being exploited in a similar way, we can advise you of steps you can take to protect them. Contact us today.
|
Funny Bit at the End - Ask MID  Is your car insured? Are you 100% sure, no chance it's expired? Why not use this website from the Motor Insurers Bureau to just do a quick double-check.
www.askmid.com
|
