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 [...]
Filed under Wills and probate, September 24th, 2010Does 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 [...]
Filed under Family law, September 24th, 2010Why 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.
Filed under The court system, September 24th, 2010What 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 [...]
Filed under The court system, September 24th, 2010What is the IR35 legislation?
The IR35 rules were introduced by the Finance Act 2000. They were introduced by the former Inland Revenue in 2005. The IR35 rules were introduced as a measure to remove opportunities for the avoidance of tax and class 1 National Insurance Contributions (NICs) by using an intermediary, such as service companies, partnerships or limited companies.
Filed under Tax law, September 24th, 2010When 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 [...]
Filed under Tax law, September 24th, 2010Why 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 [...]
Filed under Property law, September 24th, 2010What effect does stamp duty have on first time buyers?
Stamp duty land tax (“SDLT”), is payable on land and property purchased or leased in the UK. The rate of SDLT payable depends on whether the property is being bought or leased, and if its to be used for commercial or residential purposes. In some instances, the area in which the property is located can [...]
Filed under Property law, September 24th, 2010What power does the UK have to intervene in the prosecution of a UK citizen overseas?
When you travel to, or live in, another country, you become subject to their laws. Whether you are a national of that country or of the UK, if you have broken the laws of a country you can expect to receive the full consequences of that country’s legal system, just as any national of their [...]
Filed under Nationality and migration, September 24th, 2010What is the legal import if the Iraq war was found to be illegal?
The legality of the invasion and occupation of Iraq since 2003 has been widely debated since it began. The political leaders of the US and UK have argued the war was legal, while many others, including international leaders and prominent legal experts, have argued that it was illegal.
Filed under International law, September 24th, 2010Can 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 [...]
Filed under Employment law, September 12th, 2010What 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 [...]
Filed under Debt and insolvency, September 11th, 2010Is 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, [...]
Filed under Criminal law, September 10th, 2010In 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 [...]
Filed under International law, September 9th, 2010What are the obligations to financially maintain a spouse after the end of a relationship?
Whilst you are married to a person you have a legal obligation to support your spouse. If your spouse won’t support you and you are living with your spouse, then you can apply for a court order to make them support you. A family law solicitor can give more advice about these orders an how [...]
Filed under Family law, September 9th, 2010What are the laws on surrogacy?
Child surrogacy involves a woman (the surrogate) achieving pregnancy on behalf of another woman using her own egg fertilised with the intended father’s sperm, usually done by artificial insemination using a syringe, through intercourse, or by medical treatment through IVF.
Filed under Family law, September 9th, 2010In what circumstances are overseas marriages recognised?
All marriages which take place in the UK must be carried out in accordance with the requirements of the Marriage Act 1949, as amended. Both people must be of the minimum legal age, must not be related to each other in a way that is forbidden by the law, must be of sufficiently sound mind [...]
Filed under Family law, September 9th, 2010How is the free movement of workers safeguarded under EU law?
The free movement of workers is one of the core freedoms safeguarded as part of the EU’s commitment to the “four economic freedoms”: free movement of goods, services, labour and capital. It has been a fundamental aspect of the EU since the 1951 Treaty of Paris which established the right to free movement of workers [...]
Filed under Employment law, September 9th, 2010How does ACAS conciliation for employment disputes work?
Employment disputes can arise for a variety of reasons. They may be concerning resolvable issues such as discrimination or pay disputes. Or they may be for more contentious issues such as unfair dismissal or breach of contract. There are a few different methods for resolving employment disputes, the main ones being: internal grievance and disciplinary [...]
Filed under Employment law, September 9th, 2010How can you tell if a worker is an employee or self-employed?
With many businesses increasingly choosing to use contractors, temporary employees, and fixed-term employees rather than permanent employees, it can be difficult to tell which workers fall under which category. The difference can have a substantial effect on a worker’s rights under employment law, and on an employer’s obligations towards them. For example, only employees can [...]
Filed under Employment law, September 9th, 2010