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Suspension of the UK’s Refugee Family Reunion scheme: an afront to the principle of family unity
Oliver Oldman
LPAs are important estate planning tools, especially to protect in instances when an individual loses capacity. We have previously blogged about LPAs here.We have seen a rise in popularity as individuals are increasingly realising the necessity of LPAs to support friends and family in the unfortunate event of a loss of capacity. The Covid-19 pandemic has also had an effect on the steady increase in LPAs.
However, making and registering LPAs are notoriously more difficult than anticipated. The need to ensure the donor, attorney and certificate provider all sign their respective pages in the correct way, with a suitable witness and in the correct order mean LPAs are often plagued with problems and signed incorrectly. This often results in a rejection from the OPG, which is not always communicated quickly. Recently, there have also been delays in the registration of LPAs and there is currently no way to expedite an LPA when it is urgent. Even once an LPA has been made, having it registered with the various financial institutions is often just as time consuming and onerous.
The current paper based system is both cumbersome and slow and third parties on the receiving end of LPAs often simply do not know what they are or how to deal with them. There is no doubt that modernisation is needed and welcomed.
In recent months, we have seen digital services being utilised to simply the way certain documents are executed. Emergency legislation was introduced to allow for wills to be validly witnessed remotely to overcome social distancing restrictions and electronic signatures are now acceptable for certain probate and land registry forms.
The question is what will happen with LPAs?
The overarching objectives of the modernisation project are to:
The consultation also intends to review the following aspects of the existing regime:
The current proposals would see the entire LPA service become predominantly digital.
Modernising the LPA process offers the opportunity for a more simplified and user friendly process, which is likely to encourage more individuals to see the merits of making an LPA. Whilst a move to digital is welcome, this needs to be balanced with the risks of abuse (both power and fraud), especially for those older or more vulnerable individuals. The new process must have safeguarding measures to ensure the protection of individuals. The move towards digitalisation also needs to ensure that there alternatives for those who are unable to use the internet.
The need to make a LPA is commonly associated with the older generation. However, loss of capacity could happen at any time due to accidents or illness so LPAs really should be considered by all ages. The main benefit of the proposals is to make LPAs more accessible to individuals. Any change which results in promoting the importance of LPAs, simplifying the ability to make an LPA and safeguarding those who are vulnerable is welcome.
If you have any concerns about capacity, or if you are contemplating making a LPA for the first time, please get in touch with our team or Diva Shah.
Diva Shah is an Associate in the Private Client team. Diva acts for various clients including high net worth individuals, entrepreneurs, executors, trustees and individuals who lack mental capacity on a broad range of matters.
Is your camel’s back broken yet? Or will this year’s Autumn Budget be the proverbial last straw?
Rachel Reeves’ Autumn Budget in 2024 not only brought in an immediate increase to capital gains tax (CGT) rates, but also announced a swathe of changes to the taxation of international individuals which mostly took effect on the 6th April this year.
Kingsley Napley is pleased to announce that Kiran Vasudeva has joined the firm this week as a partner in its Private Client team
A YouGov poll* commissioned by law firm Kingsley Napley shows a majority of the UK public (64%) favour raising the £325k threshold at which IHT must be paid.
An analysis by law firm Kingsley Napley of HMRC inheritance tax data (just released for tax year 2021-22) shows the geographical dispersal of estates hit by inheritance tax bills.
Planning disputes are among one of the many challenges awaiting the new Government, which has vowed to “bulldoze through” England’s planning system with a three-pronged approach.
Kingsley Napley is pleased to announce that Sophie Voelcker has joined the firm as a partner in its Private Client team.
Estate planning remains prudent regardless of debate about IHT’s future, Kingsley Napley says
Inheritance tax planning remains prudent regardless of any potential rule change Kingsley Napley says.
Kingsley Napley’s ‘Inheritance Tax Premier League’ (ITPL) analysis shows ranking of where people pay the most inheritance tax by local authority.
As non-UK tax residents, the couple will be subject to special rules for calculating the capital gains tax (“CGT”) due in relation to either the sale or transfer of their UK property.
An analysis of Government inheritance tax data by law firm Kingsley Napley shows the geographical dispersal of estates hit by inheritance tax bills.
Kingsley Napley's Private Client team has this week been ranked in both Spears' HNW 2021 indicies for Tax and Offshore and the Legal 500 2022 as well as having members of the team recognised.
We are pleased to announce that Laura Harper has joined the firm as a partners in the Private Client team.
James Ward, partner and head of our Private Client team, was quoted in ePrivateClient and thewealthnet on 25 March 2021. The article was about ‘Tax Day’ and the key takeaways from people in the private wealth industry. James was commenting on the reduced reporting requirements for most estates
The last 12 months have put an awful lot of pressure on the family unit and sadly this has led to a spike in separation and divorce amongst married couples. With the end of the tax year fast approaching (last day Monday 5th April – Easter Monday) it is timely to consider the tax consequences of separations.
James Ward, head of our Private Client team, was quoted in Solicitor's Journal, Accountancy Daily, Professional Advisor, Investment Week and International Investment on 09 December 2020. James was commenting on a proposed wealth tax on UK individuals by the Wealth Tax Commission as a response to the effects of the Coronavirus Pandemic.
Kingley Napley's Private Client team have once again been named by eprivateclient as a top private client law firm.
Diva Shah, associate in our private client team, writes in Moneywise answering the question of can an estate go direct to the children to avoid Inheritance Tax.
The coronavirus crisis has caused huge disruption across the world. The distress that it is causing is compounded in circumstances where intended parents of surrogacy children are in the middle of their surrogacy journey. In this blog, we address some of the most common issues people are experiencing and provide practical tips on how to navigate the current situation. These challenges include access to fertility treatment, pregnancy and birth, international travel restrictions, immigration status, parental orders and Wills among others.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
Oliver Oldman
Charlotte Daintith
Sharon Burkill
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