Private Client Issues – March 2018

15th March 2018

Welcome to this month’s edition of Private Client Issues, Blake Morgan’s monthly round-up of the topics you may find of interest.

Have you updated your will in the light of the Residence Nil Rate Band?

On 6 April 2017 an additional inheritance tax relief known as the Residence Nil Rate Band (RNRB) was introduced, applicable to estates where a person leaves their interest in their home, or a share of it, to direct descendants, but the provisions are complex. Blake Morgan looks more closely at the additional allowance, how not to get caught out and why you should consider reviewing your Will.

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Your Will and a Transgender Beneficiary

The Gender Recognition Act 2004 provides that when a full gender recognition certificate has been issued to a person, the acquired gender is that person’s for all purposes with few exceptions. Blake Morgan looks as how this impacts wills written before the legislation came into effect, and after.

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Refunds for Power of Attorney Fees

Did you apply to register a power of attorney between 1 April 2013 and 31 March 2017? If so, you may be entitled to a partial refund. Blake Morgan looks at how to claim.

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How your ability to understand your Will may affect your ability to say “I do”

Claims that a Will is invalid because a person did not have the ability, or testamentary capacity, to make it are now familiar. However the test of capacity varies depending on the situation. Blake Morgan looks at a recent Court of Protection case  which questioned the legal test for the capacity to marry and in particular whether it required the person to understand that marriage would automatically revoke their Will.

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Divorce: What can I do if I can’t find my spouse? (or if they refuse to respond to the petition)

Usually in the divorce procedure the Court issues a divorce petition to the responding spouse, but what do you do if you can’t find your spouse? Blake Morgan looks at the options.

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If you are impacted by any of the above topics or you would like further information on how we can help you, please contact your usual Blake Morgan adviser.

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