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20 September 2007 / Nick Sanders
Issue: 7289 / Categories: Features , Profession , Wills & Probate
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Funding probate

Firms that do probate work should investigate the funding options available, says Nick Sanders

With the onset of the Legal Services Bill and greater competition in the market, how will firms that do probate work compete in the new marketplace? Firms will have to look at their financial structure and specifically how they fund probate cases.

The number of estates in the UK paying inheritance tax rose by 72% in the five years up to 2004 and is forecast to increase by a further 22% in 2007. While the threshold for inheritance tax has risen by 85% since 1996, the housing market has grown by 179% in the same period and you would be mistaken to think that only the super-rich pay inheritance tax. Around 40,000 estates are expected to be liable to pay inheritance tax in 2007, amounting to £4bn in tax revenues for the government.

Any inheritance tax due has to be paid before probate (or confirmation) is granted. This means that the tax has to be paid before the assets can

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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