Hey Kathryn – and thanks so much for your comment. We set our discussion board live last week! It is early days, and we have lots and lots to add to it. It will provide users with the opportunity to register, and then get notifications on all of the legal topics they are interested in. Do check it out! Forum

2024-09-09T11:20:48+01:0029 February|

Exchange contracts before a mortgage is in place

Hi, and thanks for your question. We obviously can not give a definitive answer without knowing your particular circumstances. However, as a general rule, it would be extremely unusual to exchange with a mortgage in place (unless there is some other way that you could complete ie finding funds elsewhere). Once contracts are exchanged buyer and seller are bound in [...]

2024-02-22T11:35:00+00:0022 February|

Is It Legal for a Group Home to Refuse TUPE Transfer for a Carer When Transport Services Are Moved?

This sounds like a potential issue about TUPE and/or redundancy, and requires investigation for us to advise. We’d need full details and to get your wife formally onboarded as a client in order to advise. Please email us at employment@Qlaw.co.uk with more information and any documents so we can confirm a fixed fee for the first stage of work. We look forward [...]

2024-09-02T11:44:52+01:0021 February|

Shortfall in paying legacies

Hi Des, and thank you for a really interesting query. As a general rule of thumb, (1) cash legacies take precedence; and then (2) residue is paid in the proportions set out in the residuary clause. And, if a beneficiary wants to take an asset on account of their entitlement to residue, unless the will states otherwise, you would expect [...]

2024-02-22T11:51:57+00:008 February|

Do I Need to File IHT400 if My Dad’s Estate Is Under the £325,000 Threshold Without Agricultural Land and Private Shares?

Thanks for this great question. I am of the view that HMRC guidance on this is a tad ambiguous. Having raised with HMRC a question along those lines recently, the guidance we were given is that the excepted estates thresholds (£3mil/£325k NRB etc) apply AFTER the deduction of ‘all exemptions and reliefs’, and so they did not want an IHT400. [...]

2024-09-02T11:20:07+01:0031 January|

Can I Leave a Cash Legacy to Charity Only if Funds Are Available at the Time of My Death?

Eleanor – thanks so much for reaching out. This is a great question, and raises some interesting points. So, interestingly, cash legacies take priority of residuary estate. So for example (slightly different point to your question), if someone dies with an estate worth £1,000, and a will leaving £1,000 to charity, and residuary estate to spouse, the charity get their [...]

2024-09-02T11:17:54+01:0028 January|
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