Hi Jutta and thank you so much for reaching out with an excellent question about care fees and gifts in your will to charity. I think there is perhaps a much bigger picture for you to consider, not least what assets comprise your estate, and that of your husband. Firstly, do remember that local authority funding only kicks in when [...]

Thanks Paul – and really glad you found the article helpful. Great question Paul. But, sadly not, the only way to get a thorough investigation of ‘title’ is to do all searches etc. Actually, where buyers are taking a mortgage, it is part of all lending criteria that that happens. Even for cash buyers, our advice would always be to [...]

Hi Richard and thank you so much for reaching out. There isn’t a ‘precedent’ wording as everyone’s wishes are very personal to them. The key really is that it makes sense in plain English. There are often concerns that the OPG might reject an LPA at registration if preferences or instructions go against legal principles. From a human perspective (and [...]

There is no set timeframe for information and consultation under TUPE. If consultation is necessary (ie if the buyer intends to take any “measures” – which basically means make any changes regarding your employment), then seller and buyer should consult for a long enough period to make it meaningful, though the buyer might do this after the sale. You can’t [...]

Thanks so much John – really appreciate your comments and glad the article was helpful. I think the same conveyancing issues haunt first time buyers as do experienced movers! Its the nature of ‘chains’ and the smoke and mirrors that exists on information going up and down the chain that seems to cause the most anxiety. What is a Property Chain?. [...]

Hi – if your employer is closing the business because they’ve sold it, and the sale is a TUPE transfer, then basically, the employees should automatically transfer to the buyer. Employees aren’t redundant in that case, because TUPE makes them transfer to the buyer – precisely to avoid them being made redundant. On the other hand, if the business is [...]

Thanks so much for your question. And, so sorry to hear of the terribly sad circumstances that have prompted you to raise it. So, there are a few points to be mindful. Firstly, when you come to register the LPA, the Court of Protection (COP) will reject the LPA if they’re unhappy with the instruction. So, it is a point [...]

Hi Suzanne – and thank you for your query regarding preferences and instructions in an LPA. I am assuming from your query that you (and perhaps someone else) are the appointed attorney under the LPA? That being so, you should also hopefully have copies of the LPA which will confirm whether there were any preferences or instructions included in it [...]

Hey Simon and thanks so much for a super question! Lots of potential flags in there. I assume that you are one of the executors appointed by the Will of the deceased, and in the process of applying for Probate? So, here goes with the basic principles! The starting point of course to establish an Inheritance Tax (IHT) liability is [...]

Hi Ady, great question. As a general rule of thumb, assets held jointly (including land as joint tenants) will still be assessable despite passing to the surviving owner without needing probate. So, they will pass because of the ‘right of survivorship’ and irrespective of the terms of any will/probate. BUT, the taxman once his slice! So, anything owned (outright or [...]