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Legal Updates

6 May 2014

Update on cases from the Court of Protection – on gifts, loans and funding for care

Below is a summary on recent cases in the Court of Protection. If you should have any questions in relation to any of the issues raised, please contact a member of our team.

Simon Hardy

6 May 2014

Recent disputed Will cases on the grounds of lacking capacity

A Will made by someone who lacks mental capacity is not valid.  Just because someone is elderly or suffering from a mental illness does not automatically mean that they lack capacity to make a Will.

25 April 2014

Capital Gains Tax case - Painting worth £9.4 million is exempt from CGT because it is a ‘wasting asset’

The Court of Appeal has published its eagerly anticipated (by tax geeks at least) judgment in the case of HMRC v The Executors of Lord Howard of Henderskelfe (deceased) ([2014] EWCA Civ 278).

10 April 2014

The Mental Capacity Act – reflections and recommendations 7 years on

The Mental Capacity Act (2005) (MCA) came into force in 2007. It is a forward thinking piece of legislation that looked to empower as far as possible people who lack mental capacity. On 13 March 2014, the House of Lords Committee published a report detailing its post-legislative scrutiny of the MCA and recommendations. 

Sameena Munir

3 April 2014

Capital Gains Tax case - Car salesman successfully claimed Entrepreneur’s Relief on sale of business

In the First Tier Tribunal case of TC03273: Jeremy Rice, a car salesman was allowed to claim Entrepreneur’s Relief on the sale of his premises when he closed his business and started up elsewhere.  The relief was claimed on the basis that it was a sale of a business asset within three years of cessation of trade.

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