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Future-proofing

22 January 2016 / James Ward
Issue: 7683 / Categories: Features , Wills & Probate
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2016 is the year of the client review, says James Ward

Over the last year, private client practitioners have been awash with new laws which in some way will affect the succession planning of their clients. In 2015 alone, we had the proposed residential nil rate band, introduction of capital gains tax for non-residents, proposed changes to the domicile rules, introduction of the EU succession regulations and the proposed changes to stamp duty for second homes that has a direct impact on trust ownership. On top of this, the case of Ilott v Mitson [2015] EWCA Civ 797, [2015] All ER (D) 290 (Jul), arguably setting new precedents around the concept of “reasonable financial provision”, was relayed to the public at large.

Now comes the enviable task of digesting the implications of the various changes. With this in mind, 2016 will no doubt be the year of client review and re-assessment of their affairs. This will be particularly focused on the following:

Residential nil rate band

The introduction of this extension to the nil rate band in

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NEWS
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The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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