Recent Articles

HMRC: All Change, Please

September 27, 2016 | Wills and Probate

In early September 2016, HMRC published plans for a substantial restructuring. As part of its ‘Building Our Future’ initiative, HMRC has announced that the four existing Directorates will be reorganised into three new groups as of October 2016. These will be a Customer Strategy and Tax Design group, an enlarged Customer Service group, and a(Read more)

Failure to Correct a Mistake in a Tax Return

September 19, 2016 | Wills and Probate

Mr Mikhail completed his tax return to the best of his knowledge.  He was a member of the National Health Service Pension Scheme and the growth in value of his pension fund needed to be taken into account in computing the annual allowance charge.  The NHS Pension Scheme did not provide details until after Mr(Read more)

Online Business and Consumer Sales

September 15, 2016 | Dispute Resolution

If you are involved in a business which sells online to either business or consumer customers (or, indeed, both) then you do need to make sure that you have relevant terms and conditions of trading to take into effect the Consumer Rights Act 2015 as well as the general statute law on sales of goods(Read more)

Appointment of New Tax Advisor

September 14, 2016 | Practice News

HMG Law has appointed a new Tax Advisor.   Patrick Barrett joined the Practice in August 2016.  He works within the Private Client department, providing specialist tax advice and tax planning services to our clients. In addition he also offers support to strengthen our legal teams with Trust and Inheritance Tax planning. Patrick started his(Read more)

Case Summary (Challenge to Validity of Will): Elliott – v – Simmonds & Anr High Court of Justice (Chancery Division) [2016] EWHC 732 (Ch)

September 13, 2016 | Wills and Probate

In this case, an adult daughter of a deceased Testator intimated a challenge to the validity of the last Will on the basis of lack of testamentary capacity, want of knowledge and approval and/or undue influence by the sole beneficiary under that Will.  She entered a caveat but then did nothing either to commence proceedings(Read more)

HMG Is Recruiting: Solicitor and Secretary for Private Client Dept

September 08, 2016 | Practice News

We are currently recruiting for new staff to join our busy Private Client department in Oxford. Solicitor We are seeking a solicitor with at least 3 - 5 years PQE with experience of the full range of Private Client disciplines, including Probate, Wills, Trusts, Estate Planning, etc. Ideally you would be STEP qualified, although this(Read more)

A Rain Check on Income Tax

September 07, 2016 | Wills and Probate

In February 2016 Jonathan Padley appealed to the First Tier Tax Tribunal against a series of late payment penalties levied against him for failing to pay income tax on time totalling £5,448. The issue before the Tribunal was whether or not Mr Padley had a reasonable excuse for the late payments. For each of the(Read more)

Inheritance Tax, Bonds and IHT Disclosure Rules

September 06, 2016 | Wills and Probate

Inheritance Tax and Bonds  In 2006 the rules for discretionary trusts were changed.  The changes began to bite from April 2016.   Often salespeople of investment bonds advise that the product should be put into trust.  The problem is best illustrated by an example.   Freda bought an investment bond for £250,000 on 1st June(Read more)

HMRC Introduces a New System for Claiming Overpaid Tax

September 05, 2016 | Wills and Probate

From 1 August 2016, taxpayers have to specifically request a refund for any overpaid income tax. Before that date, HMRC would issue a taxpayer with form P800 informing them that there is an overpayment of tax, and a few days later the rebate would be issued. In a bid to encourage taxpayers to use their(Read more)

Pensions Exit Charges To Be Kept

September 05, 2016 | Wills and Probate

Exit penalties for savers wishing to exercise pension freedoms should be capped at 1% of the value of their fund says the Financial Conduct Authority (FCA) in a consultation document.  The cap would apply to personal, stakeholder and self-invested personal pensions.  It would apply to existing contracts if an exit penalty is applied, but only(Read more)