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Private Client Law Blog

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.

3 April 2014

Mental capacity case - Will of woman suffering from dementia declared invalid

In the case of Catling and others v Catling and another ([2014] EWHC 180 (Ch)), a Will was declared invalid because the testatrix had not had mental capacity when she made it.

Joseph Austin TEP

28 March 2014

Divorcing wife wins domicile war and can divorce her husband in the UK

Domicile is a tricky and fascinating concept because it is so fact-specific that no two cases are the same.  It is usually relevant to people making Wills or administering Estates because where you are domiciled when you die depends on where you pay tax and some jurisdictions tax harder than others.

28 March 2014

Update on cases from the Court of Protection

A brief summary of recent cases in the Court of Protection;

  • Court of Protection allows woman suffering from dementia to return home
  • Attorney removed by Court for abusing his power
Simon Hardy

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