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From garage to unicorn – Employment law lessons for scaling tech teams
Catherine Bourne
An assessment to determine whether an individual has capacity to manage their property and financial affairs is required when an individual’s capacity is in doubt and they need to make decisions relating to their property and finances. For example, they may want to sell or purchase a property, need to manage an award of damages or need to manage their overall affairs.
When we refer to the word “capacity”, we are referring to “mental capacity”, which is the ability to understand information and make decisions. This relates to decisions affecting daily life but also more significant decisions, such as making a Will or getting married.
A number of the cases we deal with in the Court of Protection (“COP”) team at Kingsley Napley have an element of financial abuse against the protected party (“P”). Many of the cases received through the COP panel will be received by us at the end of long proceedings originating from a concern of financial abuse or mismanagement by an attorney or deputy. Our role can then be to investigate the claims further, consider any steps that can be taken to restore P’s estate and, in some cases, to manage P’s affairs going forward. However, not all concerns of financial abuse need or will get to this stage if handled correctly when the concern is raised.
The Budget proposals concerning inheritance tax on farms and farm businesses have understandably created a furore amongst farmers and landowners. Both sides should be considering whether a compromise could be agreed.
The Budget last month sent shockwaves through the UK’s farming and family business communities with the revelation that from 6 April 2026, 100% IHT relief through Business (Property) Relief (“BR”) and Agricultural Property Relief (“APR”) will be capped at £1m of assets (combined agricultural and business property) and over that amount, will be charged at an IHT rate of 50%. Currently there is no limit to the amount of either relief.
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