April 2013 Archive

How much does it cost to contest a will?

It is well known that any litigation is expensive and contesting a will is no different. If anything, inheritance claims can be more expensive than other forms of litigation due to the nature of the claim and the amount of work and investigation involved. It is often misconceived that costs in inheritance disputes automatically come out of the estate. This is not necessarily true as in the first instance the general rule is that the unsuccessful party will pay the costs of the successful party.

Interest rate swap mis-selling: recent developments

The mis-selling of interest rate swaps (formally known as ‘Interest Rate Hedging Products’) is likely to follow PPI as the trigger for another wave of claims against banks and other financial professionals accused of selling inappropriate financial products to unsophisticated business customers. We assess the current position of such complaints and claims.

Film partnerships and developments in tax avoidance

Film partnership investment opportunities, introduced by the government to support the British Film Industry, were quickly identified as potential tax avoidance and/or tax deferral opportunities. Inevitably, these schemes have attracted a stream of HMRC enquiries, disputes and court claims. However, although HMRC has recently won a high-profile case involving a partnership scheme set up by Goldcrest Pictures, it has also offered settlement terms to individual partners of these schemes.

Inheritance disputes: left out of a will?

If you believe that you have unreasonably been left out of a will, you may be able to apply for reasonable financial provision from the deceased estate pursuant to the Inheritance (Provision for Family Independence) Act 1975. The Inheritance Act essentially details several hurdles in which a person needs to overcome, in order to obtain reasonable financial provision from the deceased’s estate.

Simplified regime for the registration of charges

The new regime for the registration of UK company charges was implemented on 6 April 2013. The amendments, which introduced a single UK-wide scheme, are to be broadly welcomed: they have streamlined and simplified the old registration process as well as making it less costly by introducing online filing.

New code for considerate contractors

Banners attached to hoardings surrounding construction sites that reassure the general public of the contractor’s commitment to considerate construction have been a familiar sight for over fifteen years. Since January 2013, the Considerate Constructors Scheme’s Code of Considerate Practice has changed from an eight point code to a five point one, a simplification which, it is hoped, will encourage the small minority of registered companies that still struggle to comply with the code to do so.
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