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Bloomsburry Family law

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Getting the Advice Right

The need to plan for old age means that people are increasingly looking to professionals for guidance. In this article, Philip Spiers demonstrates the importance of giving the right advice, by reference to several Cast Studies where the initial advice given was not appropriate

Capacity

Denzil Lush, Master of the Court of Protection, summarises a recent Canadian decision on the mental capacity required to separate, divorce, and instruct a solicitor.

Funding Options For Long Term Care

Following the Governments long awaited announcement of the establishment of a Royal Commission to examine long term care, Harriet Clarke and Gillian Parker, of the Nuffield Community Care Studies Unit at the University of Leicester, report and analyse the results of their recent survey into funding options for the care of older people.

Ingram Part 1: Inheritance Tax Planning and the family home

The Court of Appeal decision in Ingram and another v Commissioners of Inland Revenue (1997) STC sent shock waves through the tax planning professions, although of course, the case will undoubtedly proceed to the House of Lords. This issue features two articles examining the case. Firstly, Nick Hughes of Williams Jeffrey Barber examines the facts behind the case and provides an alternative solution

Availability of Benefits and Access to Funding for Family Carers

This is the second part of an article from Amanda King Jones (See Volume 2, Issue 6 for part). In this issue Amanda summarises a number of different areas of law relating to benefits, funding and welfare rights of private Carers. She looks at the position from the prospective of the carer, in contrast to the elderly client, who is so often the focus of attention and advice.

Ingram Part 2: A Dangerous Development

The Ingram decision affects many existing arrangements made with potential inheritance tax savings of millions of pounds. In the second article examining the decision John Newth reflects on the wider implications and the disturbing developments in case law affecting tax planning arrangements.

Court of Protection Case Report

Denzil Lush, Master of the Court of Protection, summarises a decision of Mr Justice Rattee on switching jurisdictions between the Enduring Powers of Attorney Act and the Mental Health Act

Benefits for the Elderly: State Retirement Pension

The principal state benefit for retirement is the state retirement pension. This is a contributory benefit which is paid at a flat rate. In addition a person may be entitled to additional pension from either the graduated pension scheme or the state earnings related pension scheme (or both), and to income from a private pension; and may be entitled to one or more of the means tested benefits.

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