Welcome to the Winter 10/11 edition of A PRIVATE WORD, keeping you up to date with all the latest legal news affecting you, your family and your assets.
Amidst the snow and ice, it is worth remembering that local councils and private businesses hold a duty of care towards members of the public and employees. Thousands of people are hospitalised as a result of slipping accidents at this time of year. Advice above all is of course to take care when out and about. But if you do have an accident where you slip on ice or snow that should have been cleared, don’t hesitate in taking action without delay before it becomes difficult to record the evidence.
All PRESENT and Correct?
A 13-year old girl recently bought a pair of Ugg boots only to find they were fake and lodged her own investigation which aimed to bring the brand to justice. In the Christmas gift buying frenzy, it’s easy to get carried away and forget about due diligence. Take care over your purchases, especially those from auction websites, and if you find you have a problem with a defective or dubious purchase, contact us without delay.
Wishing you a Happy and Healthy New Year. We look forward to being of service to you in 2011. |
Warning to Holidaymakers and Non-Residents Next time you take a holiday in Europe, make sure you have appropriate health insurance. Many British holidaymakers think that the European Health Insurance Card (EHIC) will cover them if they are taken ill and require immediate medical treatment in a country which belongs to the European Union (EU), but this has never been the case in all instances, as a recent decision of the European Court of Justice confirmed.  |
Inheritance Tax Allowances & Reliefs Inheritance Tax (IHT) allowances and reliefs are available individually to each taxpayer. Because transfers of assets between spouses or civil partners normally have no tax consequences for IHT purposes, it is easy to fall into the trap of thinking that there is nothing which needs to be done when making such transfers or when passing over the unused proportion of the IHT ‘tax free’ allowance in the event of one partner’s death. In fact, specific documents are required when the estate of the surviving partner is administered |
Who Bears the Loss?  A complex case has highlighted the fact that things could get very messy indeed if you do not carry out adequate background checks when purchasing a vehicle. In this instance, a man bought a Mercedes for £39,000. The ‘seller’, however, could not lawfully sell the car as it was the subject of a hire purchase agreement. The vehicle was subsequently seized by the hire company. The buyer objected and after much legal wrangling it was decided in court that the loss fell to the hire company. However, the circumstances in this case were unusual and each case will be decided on its own merits given the particular events, so bear this in mind. If you would like advice on any consumer issue such as this, contact us for expert guidance. Read the full story on our website.
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'Read and Understood' Not Enough, Says FSA  Anyone who has ever purchased something online will be aware that before you complete a transaction you are usually required to tick a box confirming that terms and conditions have been read and understood. However, the FSA has claimed that when financial services are involved, this process is insufficient and constitutes a breach of the Unfair Terms in Consumer Contracts Regulations 1999. Businesses must make sure that any contracts with the public are fair, clear and easily understood by those reading them. If you feel that a contract you entered into did not follow these guidelines, contact us for advice immediately.
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Joint Account Does Not Mean Joint Ownership  Contrary to what many people may think, having a joint account does not necessarily mean that entitlement to the total balance automatically passes to the last survivor if the other passes away. This was highlighted in a recent case in which a mother and son held a joint account, which only the mother paid into. On her death, the son continued to withdraw money and when questioned by executors of his mother’s estate, argued that the money was his to inherit. The court ruled that the balance in the account when the mother died was an estate asset. The son was entitled to retain any withdrawals he had made under her authority, but any other withdrawals had to be refunded to the estate. This will no doubt make interesting reading so read this story in its entirety on our website and remember to contact us for advice on asset and estate issues.
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Children and Contact Arrangements Two recent decisions in child contact cases illustrate that the courts recognise the importance, where possible, of children having a relationship with both of their parents. |
