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Inheriting ISAs

August 9, 2016/0 Comments/in Uncategorized /by (suspended) UTK_Up289

Until recently, if someone died owning an ISA (Individual Savings Account) enjoying tax-free income and growth, that special tax status would be lost on their death. As a result of a change in the law, it is now possible for a husband or wife or civil partner to take over their other half’s ISA allowance, even if they did not inherit the ISA themselves. This means therefore that if, for instance, a person dies with £25,000 invested in ISA savings, their husband or wife or civil partner will be able to invest an additional £25,000 in an ISA above and beyond their own personal ISA allowance. Read more →

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Tell the Land Registry if you move house

August 4, 2016/0 Comments/in Uncategorized /by (suspended) UTK_Up289

We as a practice always advise our clients of the importance of keeping the Land Registry updated in the event of any change in correspondence address. When you purchase a property, your ownership of that property is registered at the Land Registry using your contact details at that time.

The likelihood is that in respect of any residential property, your address will be updated at the Land Registry when you move. However if you own business premises, agricultural land or investment property where you do not reside, it is vital that if you change address that you advise the Land Registry of your new contact details.

This has been highlighted recently in a case whereby a client did not keep the Land Registry updated when they moved house and have potentially lost the title to agricultural land that they owned as a result of an application being made by a third party. In such circumstances the Land Registry will write to the last known address of the registered owner to advise them of a claim. However our clients had already moved on and did not receive the very important correspondence from the Land Registry. If they had received it, they would have been in a position to challenge the third party’s claim against their land.

As they did not receive the notification, they now have to go to the expense and the stress of proving to the Land Registry that they did not receive the original correspondence in an attempt to overturn the Land Registry’s decision.

All applications made by third parties via the Land Registry will be notified to the registered proprietor by the Land Registry. However if your address is not up to date, then the Land Registry will not go any further than simply writing to your last known address.

Therefore, if you have moved house or are moving house, contact the Land Registry and advise them of any title numbers of which you are the registered proprietor so that the Land Registry can (free of charge) update their records. However if you would like to instruct us to do this on your behalf, please contact us and we will be happy to assist on (01267) 237441 or www.utk.co.uk

 

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What is a Grant of Probate or Letters of Administration?

July 27, 2016/0 Comments/in Uncategorized /by (suspended) UTK_Up289

When someone dies, it is often necessary to obtain a Grant or Probate or Letters of Administration to deal with their estate (i.e. their property, money and/or possessions).

A Grant of Probate gives the Executors named in a Will the legal right to sell, gift or otherwise dispose of the deceased’s estate in accordance with their Will. Letters of Administration, on the other hand, are necessary where the deceased did not leave a Will or where there is a Will but no Executors are appointed. In this instance there is an order, laid down by statute, as to who can make the application to obtain Letters of Administration. Priority is given in the following order: a surviving spouse, children, grandchildren, surviving parents, siblings, nieces/nephews and then any other relative.

A Grant of Probate or Letters of Administration may not be required where assets pass to the spouse or civil partner due to them being held in joint names (for example, a joint owned property or a joint bank account). However, every financial institution has its own rules and therefore there is no guarantee that a Grant of Probate or Letters of Administration will not be required. Where any property was owned solely by the deceased or substantial funds are held in the deceased’s sole bank account, a Grant of Probate or Letters of Administration will almost certainly be required.

For informed and comprehensive advice in relation to obtaining a Grant of Probate or Letters of Administration, please telephone 01267 237441 (Option 2) to arrange an appointment with our experienced Wills & Probate team.

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Property Fraud is on the increase – Beware!!

July 15, 2016/0 Comments/in Uncategorized /by (suspended) UTK_Up289

Recent reports in the National Press state that the scale of property fraud has hit record levels with over £100 million lost to property fraudsters in just the last 6 months in England and Wales, as ever increasing complex schemes have been used to defraud people moving house, their Lenders and their Solicitors.

Criminals are using their computer hacking skills to intercept e-mails and fool Solicitors and their clients into transferring large sums of money into fake accounts. Fraudsters also pose as legitimate owners of property. In some cases fraudsters have used private correspondence sent to an address to take on the owner’s identity before carrying out a sale with an unsuspected buyer and making off with the proceeds.

Unsuspecting Solicitors and people undertaking property transactions have been caught out. However there a number of actions you can take (or ensure your Solicitor takes) to ensure any risk is kept to a minimum including:

1. at UTK, we will always try and meet our Clients face to face and verify their identity and seek evidence of proof of address. By seeing the original documents of identity, including photographic evidence such as a passport, we can then compare this to the Client in front of us.

2. if you have provided your Bank details by e-mail, these should be verified by telephone. Likewise we will never advise any of our Clients of a change in our bank details via e-mail. If you are at all suspicious as to whether any e-mail has come from your Solicitor, you should always telephone to check. It is better to be safe than sorry!

3. undertaking a number of searches both on the internet and also via the Law Society and other Websites to check the identity of other Solicitors we are dealing with, as some fraudsters go as far as setting up bogus law firms in order to entice other law firms to send money to them on behalf of their Clients

4. undertaking regular checks of the internet and Law Society websites to ensure no fraudsters are trying to copy our identity or the identity of any of our individual Solicitors.

We do everything we can in order to protect both ourselves and our Clients and as members of the Law Society Quality Conveyancing Scheme, we keep up to date with all of the latest professional practices to reduce this risk as much as possible.

For further information please contact our Solicitors in our Property Department on (01267) 237441.

 

 

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Forgotten Premium Bonds

July 5, 2016/0 Comments/in Uncategorized /by (suspended) UTK_Up289

During our recent visit to the Welsh Game Fair, we were reminded by someone who came to talk to us that it is all too easy, once someone dies, to overlook the fact that they may have owned Premium Bonds.

Unlike many other assets, Premium Bonds do not pay any income and, unless the person who has died had a substantial holding and therefore receives prizes on a regular basis, the fact of them having owned Premium Bonds is unlikely to be picked up either from bank statements or from their other paperwork. With a small holding of Premium Bonds, the only paperwork may be the original holder card and bond certificate(s) which may date back many years.

As such, if there is any doubt about the existence of Premium Bonds, it is a good idea to contact the Premium Bond Office of National Savings and Investments to check as to the possible existence of Bonds. This is one of the matters that we will routinely check if we are dealing with an estate and it is one of many aspects which it is all too easy to overlook if you handle this yourself.

If you would like help or advice about what to do, then please contact us on (01267) 237441.

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Changes in Stamp Duty Land Tax on Buy to Let Properties

June 27, 2016/0 Comments/in Uncategorized /by (suspended) UTK_Up289

The March 2016 budget introduced higher rates of Stamp Duty Land Tax (SDLT) on purchases of additional residential properties from 1 April 2016. If you are thinking about purchasing a Buy to Let/Investment property and are wondering how this will affect you, we have put together a few questions and answers to help you.

Why is SDLT being increased on Buy-to-Let homes?
With house prices rising, it is become increasingly difficult for first time buyers to get on the property ladder. The Buy-to-Let sector has been a controversial part of the property market for a long time, with people blaming landlords for the rising house prices. As such, George Osborne therefore turned his attention to private landlords in a bid to give first time buyers a chance to get on the property ladder. Read more →

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Does confusion and dementia invalidate a Will?

June 24, 2016/0 Comments/in Uncategorized /by (suspended) UTK_Up289

In a recent case from West Wales, brought by a daughter against her mother in respect of a family farming business, the daughter concerned tried to contest the Will on grounds that in the year before the Will was made, her mother was “suffering from confusion, forgetfulness, aggression and strange delusions and had developed Alzheimer’s type dementia”. Expert evidence suggested that the lady in question, Doris Harris, was probably suffering from moderate to severe dementia when she made her Will and it was unlikely that she had adequate capacity to make her Will. Read more →

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Carmarthen Chamber of Agriculture Talk

June 24, 2016/0 Comments/in Uncategorized /by (suspended) UTK_Up289

Adam Bruce and Luned Voyle of Ungoed Thomas and King, were delighted recently to be asked to be the guest speakers at the spring meeting of the Carmarthenshire Chamber of Agriculture which was held at the Halliwell Centre, Carmarthen.

During his presentation Adam highlighted the importance of planning for the future of the farm and ran through the issues that need to be considered such as making a Will and ensuring that there is an up to date Partnership Agreement in place.

Luned then discussed the benefits of making a Lasting Power of Attorney. Mental Incapacity can affect anyone as a result of an illness or accident. Jointly held bank accounts, both private and business may be frozen until an Order from the Court of Protection is obtained. By making a Lasting Power of Attorney, authority can be given to trusted individuals to deal with your money and assets if you are unable to manage your affairs so that the day to day running of the farm can continue.

The event chaired by Mr Ogwyn Evans was very well attended by the local farming community.

For further details or advice on these issues, please contact Adam Bruce at adam.bruce@utk.co.uk or Luned Voyle at luned.voyle@utk.co.uk or tel. 01267 237441.

 

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What can I claim if my flight is delayed?

June 20, 2016/0 Comments/in Uncategorized /by (suspended) UTK_Up289

Should we remain in the EU? Many of us are undecided on how to vote later this month.

However if you want to claim compensation for a delayed flight, then you can only claim for EU-regulated flights.
An EU flight is where the flight departs from an EU airport, regardless of the airline OR where an EU airline lands at an EU airport. Under this law, EU airports also include those in Iceland, Liechtenstein, Norway and Switzerland. So a delayed Manchester to Miami flight qualifies, regardless of the airline. Yet for Miami to Manchester, you would be entitled to compensation flying Virgin or KLM, but not on Air India. Read more →

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Will I have to go to Court during my divorce?

June 17, 2016/0 Comments/in Uncategorized /by (suspended) UTK_Up289

For most people, the prospect of making an appearance at any type of Court, is quite frankly, terrifying. This is very true in family law disputes as nobody wants the finer details of their family life, be it child or finance related, subjected to detailed analysis in a courtroom which has a number of legal formalities attached to it.
The outcome of your matter is largely out of your control once it’s brought into the Court arena. You and your legal representative can simply put forward a constructive argument in support of your case. The other side will do the same. The outcome will then be in the hands of either the magistrates or a judge and this will be dependent on what they, objectively, deem to be fair and reasonable or, what they believe to be in your child’s ‘best interests’ when determining children law cases.
As such, the Court process can be an uncertain and expensive forum to resolve your matter. This is why a good family solicitor will assist you in resolving your matter in other ways and will advise you to bring the matter into Court, only as a last resort. Read more →

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