Private Client Issues – September 2019

Welcome to this month’s edition of Private Client Issues, Blake Morgan’s monthly round-up of the topics you may find of interest. Insight and advice on developments affecting private individuals.

Why you should make a Will

The unfortunate set of circumstances highlighted in a recent inheritance dispute case show how important it is to ensure that you have a valid Will in place – especially when you have a complex family arrangement – which clearly sets out your wishes.

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New marriage registration rules could affect newlyweds

Under new rules set to be introduced later this year, newlywed couples will need to ensure that their marriage is registered after their legal ceremony.

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Successful Lifetime Proprietary Estoppel Claim

Our experts look at a recent case that serves as an important reminder that, whilst it is at your discretion as to who to leave your property to upon death, it is imperative to determine whether there are any other parties that may make a claim to entitlement to your property.

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The Guardianship (Missing Persons) Act 2017 and how it can help you

The Guardianship (Missing Persons) Act 2017 (GMPA 2017) received Royal Assent on 27 April 2017 and came into force in England and Wales on 31 July 2019.  This new law, otherwise known as ‘Claudia’s Law,’ will allow families to be able to deal with the affairs of missing loved ones by way of a Guardianship Order.

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Stamp Duty Land Tax: Mixed use property, claiming multiple dwellings relief, interaction with the 3% surcharge

The stamp duty land tax treatment of purchases of mixed use property, such as a building with flats over commercial property, is complicated.  Where there are a number of dwellings, calculations can be made of the SDLT liability with and without a claim to multiple dwellings relief to assess whether a claim for MDR should be made.  This blog gives examples of how the calculations are made.  It explains that for a mixed use transaction, when assessing the SDLT on the residential element, the higher rates do not apply (the extra 3% is not due).

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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.