Caven blog

Luc Zelezny

Does every estate need a grant of probate?

Whether or not an estate needs a grant of probate will depend on the value of the assets that make up that estate. Generally, small estates that have a value of less than £5,000 and where all the tangible assets such as property are jointly owned with someone else, probate will not be needed. You should still check with an experienced wills and probate solicitor to ensure you do not have to fulfill any obligations.

Does marriage invalidate an earlier will?

If you get married, the validity of your previous will depends on how you own your assets. Generally speaking, any previous will would be voided if you get remarried and jointly own any assets with your new spouse. On your death, all the joint assets will automatically become the property of your surviving husband or wife.

Why are there different tracks for civil claims?

In civil claims, the court will allocate the matter to one of three tracks. Namely, the small claims track, the fast track, and the multi-track. When deciding which track to allocate a case to, the principal factor taken into account by the courts is the financial value of the claim.

What is the jurisdiction of the Supreme Court?

The Supreme Court was established by the Constitutional Reform Act 2005. The Court replaced the House of Lords, previously the last court of appeal in the UK. The business and workings of the Court will be essentially the same as those of the House of Lords; the changes brought about by the reforms are constitutional in nature and beyond the scope of this article. Suffice it to say that The Supreme Court operates with greater independence from Parliament than the House of Lords, and with greater transparency and openness. (more…)

When should you use a tax solicitor versus a tax accountant?

All businesses should have their annual tax return completed by a tax accountant. These professionals not only have the knowledge and skills to ensure that all tax returns are completed on time and are a true and accurate reflection of the business’s tax affairs, HMRC (HM Revenue & Customs) will also appreciate the fact that the return was completed by a recognised (i.e. chartered) accountant.

Why is Stamp Duty a key topic in 2010?

Stamp duty land tax (SDLT) is a tax that is imposed by the Government on property and land transactions in the UK. It applies to the purchase of residential and non-residential properties, and to both freehold and leasehold properties. The rate of SDLT depends on the type of property involved in the transaction and its purchase price.

Can you appeal a disciplinary decision?

Under UK employment law, an employer is required to set out their disciplinary rules that they expect their employees to follow, including standards of professional performance and conduct. An employer must also set out the consequences of failing to meet these standards, including the disciplinary processes that will be followed and the potential disciplinary actions (penalties) that could be taken. A further requirement under employment law is that the employer must provide avenues of appeal against disciplinary decisions. (more…)

What is the law on sale and leaseback?

Sale and leaseback is a method of financing a company which involves selling an asset and then leasing the asset back, so that it can continue being used. The process can be done with just about any asset, from machinery and equipment, to property and land. Companies can benefit from such transactions as the sale generates cash for the company to help it through tough times, or to help it expand. There are additional tax benefits for the company as well, as the rent increases the operating costs of the business. (more…)

Is evidence gathered by polygraph accepted by courts in the UK?

The polygraph, or lie detector, measures physiological responses when a person is asked a question. The test will record changes in blood pressure, pulse, sweating, breathing and body temperature, amongst other changes. When subjected to the polygraph a person is asked a number of control questions to see how they act when telling the truth, after which the subject is then asked a number of questions to which they will probably lie. Finally the subject will be asked the questions to which the tester wishes to know the answer. (more…)

In what ways is my privacy protected by UK law?

The key pieces of legislation regarding privacy protection in the UK are the Human Rights Act 1998 and the Data protection Act 1998. The Data Protection Act concerns the protection of information and data about a person and breaches can occur if a business or body stores information without permission, stores more information than they require, does not have suitable systems in place to prevent breaches or stores information for longer than necessary. The Data Protection Act aimed to reduce the amount of irrelevant information held about people and went some way to protecting privacy. (more…)

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