I received a number of queries regarding last month’s blog, the main question being “Is there an alternative to gifting the Family Home?” as some people are not in a position to place their property into a Family Trust.
Following on from my “Easter Gifts” blog, I received a number of queries about gifting the family home so I thought I would address this topic this month.
Easter is later this year, 19 April 2018, which means you can start thinking early about your Easter Gifts. Chocolate eggs may seem the obvious choice but perhaps you are considering money instead. If you are, then you should consider what that means for you and your estate.
I would like to thank everyone who contacted me following my blog “New Start to the Year – Get your Affairs in Order – Part One”. For those who I have seen and spoken to, you will now be aware it is equally important to have your affairs in order during your lifetime, not just on death, in the event you suddenly suffer from a physical or mental incapability.
A class action brought in the UK by campaign group “Google You Owe Us” was blocked in the High Court yesterday (Monday 8th October 2018). They allege that in 2011/12 Google bypassed privacy settings on Apple iPhone handsets and collected data about millions of people in contravention of the Data Protection Act 1998. The High Court was told that the information collected by Google included data about race, sexuality, political leanings and social class.
Yesterday (10 July 2018) the UK Information Commissioner, Elizabeth Denham, published a progress report in relation to her office’s investigation into the use of data analytics in political campaigns. This investigation has focussed on Facebook and Cambridge Analytica. The Information Commissioner’s Office (ICO) has said it intends to fine Facebook £500,000 for two breaches of the Data Protection Act 1998. This is the maximum fine that can be imposed under that legislation. However, the position could have been much worse for Facebook.
The Information Commissioner’s Office (ICO), the regulator responsible for policing the current legislation, has had difficulty enforcing the current legislation. Since 2010, of the £17.8 million in fines that it has imposed, for the making of nuisance calls and the sending of nuisance emails and texts, only just over half have been paid. The ICO’s efforts have been hampered by some of the companies it has fined going into liquidation rather than paying their fine.
You should not forget the other obligations that companies have under the Companies Act 2006 (CA 2006), such as, the obligation to keep a register of persons with significant control (PSCs).
The question arising in a recent case brought before the Court was, whether a person who had been sectioned under s.3 of the Mental Health Act 1983
When you are appointed as attorney the question will sometimes arise about gifts and whether they can be made on behalf of the person who lacks capacity. The authority of an attorney to make gifts is laid out on s.12 of the Mental Capacity Act 2005. In short the authority to make gifts is limited to customary occasions for those connected with that person or to a charity, all the while being a reasonable size when looking at what assets that person has and what they would usually gift.
Chris brings with him more than 30 years’ experience as a professional service marketer. He has devised and implemented high profile strategies across international organisations, such as Arval, Reed Elsevier as well RAC, and The AA.
The question arising in a recent case brought before the Court was, whether a person who had been sectioned under s.3 of the Mental Health Act 1983
A story very much in the headlines at the moment is the hacking of Uber’s computer system.
The extent of financial abuse within families is more of a problem than may necessarily be known.
A private company limited by shares is a legal entity that has no physical presence. It can only act through its directors and at least one of them must be a natural person. So what happens when the sole director of a company dies? How will the company continue to trade if there is no officer to act on its behalf?
A bond is an insurance policy put in place to protect the person whom the deputyship is for.
Once you have been appointed as deputy by the Court of Protection, as part of the Court overseeing the deputyship they may ask one of the Court of Protection visitors to meet with you for an assurance visit.
A consumer is a person who purchases goods, services or digital content for their personal use and not as part of their business, profession, trade or craft. Law considers consumers to be in a weaker bargaining position in relation to traders and therefore offers them broader protections in an effort to bring balance to the trader-consumer relationship.
Specifically the Court looked at whether the provisions were valid or not. If the OPG is unsure about a certain provision included in a Lasting Power of Attorney they can make an application to Court to ask a Judge to make a ruling.
For most people who are appointed either as an attorney or deputy, a difficulty can arise over a question of gifts and the authority to make them.
Gifts are part of everyday life and there are many reasons why someone would make a gift. If someone does lack capacity and has a deputy or attorney in place there are strict rules about what gifts can be made.
One of the lead stories on BBC 1 Breakfast this morning was about the overhaul of UK data protection laws.
British citizens will soon have more rights to control what is done with personal information about them. The UK data protection watchdog is also to get new powers and will be able to levy higher fines.
