The Mental Capacity Act 2005 provides that a person is presumed to have mental capacity until it’s proved to the contrary. In other words, you don’t have to prove you have it others have to prove you don’t. Mental capacity means you have the ability to make your own decisions. This means you can ... Read More >>
What Happens if You Don’t Make a Lasting Power of Attorney?
If you do not make a Lasting Power of Attorney (LPA) and you lose mental capacity, your loved ones must apply to the Court of Protection for a Deputyship Order. This is because no one automatically has the power to manage your affairs – not even your spouse. Lasting Powers of Attorney The purpose ... Read More >>
Buying the Freehold of a Flat
If you are fed up with paying ground rent on your flat, you could consider buying the freehold. This would mean you own both the property and the land on which it is built, giving you total control. Leasehold and freehold explained If you are not too sure what we mean by this, then let us explain. ... Read More >>
New Article on Pension and Divorce
"Case law suggests that, more often than not, non-pension assets will be divided in a way that is not equal" ... Read More >>
Selling a Property with Tenants in Situ
If you want to sell your rental property, you have two options available – sell with vacant possession, or sell with the tenants in situ. Selling with vacant possession Selling with vacant possession means that the property is empty on completion day. The tenants have been given notice, moved out ... Read More >>
What to do When a Tenant Fails to Pay Rent
No landlord wants to deal with a tenant who fails to pay rent. Unfortunately, it does happen. But what can you do? Thankfully, there are legal remedies available. However, you must ensure that you stick to the letter of the law – otherwise, you could find yourself in trouble. How to deal with rent ... Read More >>
Garner & Hancock Myth Busting Seminar
10 Questions you think you know the answer to… Can I leave my assets to whomever I like? If I give my kids the house, can they kick me out? Can I avoid probate if I make a Will? Will I have to pay UK Inheritance Tax on all my assets, here and abroad? Can I avoid ... Read More >>
Taxes for Unmarried Couples
Married couples enjoy greater tax benefits than unmarried couples. If you are cohabiting – meaning you live together but you are not married or in a civil partnership – you might want to explore this in greater detail. There may be ways of limiting your tax liabilities. Or you may even decide that ... Read More >>
Buying a Property and Stamp Duty Land Tax
Stamp Duty Land Tax (SDLT) is the tax payable when you buy a property or piece of land. The amount you pay depends on the value of the property, and whether you are an individual, a company or an investor. Buying a property as an individual Currently in England, if you and any other joint owners ... Read More >>
Brexit Spells Uncertain Times for Divorce
The suspension of Parliament, and the UK’s impending exit from the EU, spell uncertain times for divorcing couples. In particular, the law reforms which would end fault-based divorce have been lost. There is also confusion as to what will happen to European divorce cases following ... Read More >>