NEW INHERITANCE TAX RULES ANNOUNCED

After press reports that the Nil Rate Band allowance for Inheritance Tax was about to be increased to £1 million for couples who owned a property, the rate has actually been frozen. The rate for individuals will remain at £325,000 for individuals and £650,000 for married couples.

However, in 2017/18 an additional nil rate band will be introduced where a residence is being passed on death to direct descendents such as to children or grandchildren. The additional allowance can only be used in respect of one property, which has at some point been a residence of the person who has died, although there are special rules for people who have downsized or have ceased to own a property after 2015 but still own assets of the equivalent value.

It was anticipated that the new rate would be introduced at a flat rate of £175,000 but this is not the case. The new rate is to be phased in from 2017/18 and will be £100,000 per person in 2017 increasing to £125,000 in 2018/19, £150,000 in 2019/20 and finally £175,000 in 2020/2021.

The announcement states that it will then increase in line with inflation from 2021 onwards.

The rules, whilst more complex than anticipated do give scope for people to do some extra tax planning in their Wills and it is advisable for people over the existing allowance to review and update their Wills.

The announcements on 8 July 2015 will now be subject to a technical consultation and it is anticipated that they will be legislated in the Finance Bill 2016.

DONNA BOTHAMLEY
Wills and Probate Department, Blythe Liggins

Warwick conveyancing solicitor Arvinder Samra has joined Blythe Liggins solicitors in Leamington.

The former pupil of Aylesford School in Warwick, who joins a thriving conveyancing department at the Rugby Road law firm, has worked in conveyancing for the last 10 years since graduating from Staffordshire University. Most recently he was conveyancing manager at a West Midlands firm of solicitors.

Joint senior partner David Lester said: “Arvinder has extensive knowledge of both conveyancing and the local property scene and is an important addition to our expert conveyancing team.”

CAPTION: Arvinder Samra

Kenilworth Rotary Club is now in the final stages of organising next month’s annual Two Castles run.

Kenilworth’s biggest sporting event – which broke all records when the 4,000 places were snapped up in little more than three hours – will start at Warwick Castle at 9.00 am on Sunday June 14 with the winner expected at Kenilworth Castle just over 30 minutes later.

Rotary press officer Bob Kelly said the event, which is being sponsored by Leamington law firm Blythe Liggins for the 10th year, raises around £100,000 for charity.

“The Two Castles is one of the best-loved athletic events in the Midlands and is both for serious runners and for those who run for sheer enjoyment, or for charity. Each year it grows in popularity and attracts entries from all the country. We have 600 on the waiting list and I would urge anyone who cannot now run to let us know so that we can offer the place to the next on the list,” he said.

Richard Thornton, joint senior partner at Blythe Liggins, which also fields a large team of runners and provides marshals and a water station, said: “This was a fantastic effort. There has been an explosion of interest in the Two Castles over recent years and this record time of three hours reflects that. Kenilworth Rotary Club has done an amazing job yet again.

“It’s a wonderful event and the whole firm always looks forward to taking part. We are extremely proud to have been supporting it for so many years,” said Mr Thornton.

CAPTION: Blythe Liggins joint senior partner Richard Thornton (centre) with a few of the firm’s Two Castles runners and marshals getting ready for the big day.

Issued by Newsline PR. Tel: 01926 888308

We often act in cases where doctors fail to diagnose cancer in time, meaning that a person does not benefit from treatment until it is too late. In a recent case in the news, however, a woman was operated upon when there was, in fact, nothing wrong with her.

Elizabeth Dawes was informed by doctors at New Cross Hospital in Wolverhampton that a right breast biopsy had shown she had grade 3 invasive cancer requiring immediate treatment. She underwent surgery to remove the tumour and lymph nodes from her armpit.

Four days after the operation, however, her consultant admitted there had been a mix-up between three patients’ notes containing biopsy results and her own test had come back negative. She had effectively undergone painful, invasive surgery for no reason at all.

Mrs Dawes was left with extensive scarring and reduced sensation in her breasts, and left so traumatised that she quit her job as a breast care nurse at the hospital.

These instances of wrongful diagnosis can be more common than people think. I have acted for a client in the past who was told she had lung cancer and would need a major operation, involving significant reconstruction. She was given the ‘good news’ by her consultant that she had never in fact suffered from cancer at her follow-up appointment. The shadow on the scan that was interpreted as cancer (with no biopsy ever having been taken) was, in fact, just an infection.

The relief at being told that your cancer diagnosis was a mistake must be huge: only to be followed by a crushing sense of injustice when you realise that you have endured invasive, painful surgery for no reason at all.

CAPTION: Claire Kirwan, Head of the Medical Negligence & Personal Injury Department

Myton Hospice’s annual Santa Dash gets underway on Sunday (Dec 13) with runners, joggers and walkers donning their Santa suits for the 5k event.

The race gets underway at 9.00 am from the hospice in Myton Road and winds around St Nicholas Park with plenty of live music and refreshments along the way, including homemade cakes and hot drinks.
Among the runners will be a team from Blythe Liggins Solicitors, who have had the hospice as their chosen charity for many years, raising several thousand pounds.

Wills and probate paralegal Jessica McDonnell, who has organised a team of 12 from the law firm, said: “This is the latest event in which we plan to raise money for Myton and we are gathering as much sponsorship as we can.

“It really is a fun event for an extremely worthy cause and we are looking forward to it very much. Many of our team race in the annual Two Castles Run between Warwick and Kenilworth, which has been sponsored by Blythe Liggins for the past ten years, so we’re hoping to put in a good performance, ” said Jessica, who will also be running in next year’s London Marathon.

CAPTION: Paul England, Jessica McDonnell, Laura Farren and Emma Wallbank

The damning report into maternity services at hospitals within the Morecambe Bay NHS Foundation Trust has led to a national review of maternity care.

NHS England have announced a major review into NHS maternity services as part of their NHS Five Year Forward Review. It has unveiled plans to look into efficient models of maternity services, ensuring that women and their families are given sufficient information and support to allow them to make safe and appropriate choices of maternity care and to ensure that the hospital staff are supported in order that they can provide responsive care.

The announcement follows an Investigation which was established in September 2013 by the Secretary of State for Health after concerns were raised by families following a number of tragic deaths and serious incidents during that time at hospitals within Morecambe Bay.

Simon Stevens, Chief Executive of NHS England, said: “Having a baby can be one of the most joyous experiences you can go through and we know that the vast majority of women are happy with the maternity care they receive. But we also know great care isn’t everywhere. The time is right to take stock, and consider how we can best deliver maternity care safely in every part of the country, while better meeting the high expectations women and their families rightly have.

These plans are welcomed by the medical negligence team at Blythe Liggins.

Lois Harrison, a lawyer in the medical negligence team said: “The truly shocking findings from the Morecambe Report highlight a very real need for urgent attention to be given to the NHS maternity services, to ensure that patient safety and the expectations of new mothers and families are met across the country”.

Caption: Lois Harrison, Chartered Legal Executive

Thousands of patients have undergone early hip revision as a result of the Depuy ASR metal on metal hip replacements.

The manufacturer, Depuy, have recalled their ASR hip prosthesis from the market due to its high failure rates. The metal on metal design was intended to last longer than traditional hip replacements but instead it has caused thousands of patients to suffer with metal poisoning resulting in early revision surgery.

The symptoms include clunking, grinding, pain, pseudo tumours and fluid around the hip, raised levels of metal in a patient’s blood, muscle and bone damage.

If you have undergone early revision surgery or are due to as a result of the Depuy ASR metal-on- metal hip prosthesis, then you may be entitled to compensation.

There are time limits for bringing such a claim, however, and so do not delay – call us today for free, confidential advice.

Caption: Lois Harrison, Chartered Legal Executive

George Osbourne continues with what has been described as a “fiscally conservative plan”. The chancellor delivered his pre-election budget today (18th March 2015) stating that Britain is “walking tall again”. He continues to concentrate on reducing the deficit.

The chancellor threatens to bring in new criminal sanctions for those avoiding tax and penalties for their advisors. Tax evasion is already illegal and should be distinguished from legitimate tax planning so it is unclear exactly what the chancellor plans to introduce here.Mr Osbourne did, however, say that there will be a review on Deeds of Variation in the Autumn and the review will involve the opinions of many.

A Deed of Variation is a useful tool to redirect an individual’s inheritance under the terms of a Will or under the intestacy provisions when they don’t want to take benefit themselves. The deed enables an individual to pass the inheritance to another person without it being classed as a gift and without it ever forming part of their estate. Provided that the Deed is completed within two years of the date of someone’s death, it is an incredibly useful tax planning tool and it would be a shame if they are abolished.

Anyone who thinks they may benefit from entering into a Deed of Variation can contact the Wills and Probate team at Blythe Liggins for assistance.

Caption: Donna Bothamley, Head of the Wills and Probate Department

Dale Vince OBE and his ex-wife Kathleen enjoyed a new age traveller lifestyle after meeting at University. That was 34 years ago.

They married in 1981 and divorced 11 years later in 1992. They had one child.

During the marriage and at the end of the marriage, they were without capital and relatively poor.

Dale Vince went on to launch the green energy company Ecotricity. This happened after the marriage, and he became a multimillionaire. Kathleen played no part in his success.

Kathleen applied to the court more than 23 years after the divorce to seek the payment of a lump sum of £1.9 million. The claim has been allowed, but the lump sum is likely to be significantly less than £1.9 million (believed to be an amount that will enable her to rehouse herself in a suitable property free of mortgage).

Kathleen would have been prevented in bringing this claim had the parties, when they divorced in 1992 obtained a clean break order. This would have prevented either of the parties making a claim against the other in the future, no matter how wealthy or successful either became. It would have even have prevented a claim against the estate of the other if one of them died.

So the lesson to be learnt is that if you get divorced and even if you have no money at the time, you should still get a clean break order to protect you, should your financial position change in the future. If you do not, you could end up like the National Lottery paying out a fortune, but in this case, not selling their tickets to pay for it!

Caption: Andrew Brooks, Partner and Head of the Family Team

Leamington solicitors Blythe Liggins, sponsors of the Two Castles Run between Warwick and Kenilworth, said all 4,000 places for this year’s event were snapped up in just three hours and 10 minutes – a record time.

Bob Kelly, press officer for organisers Kenilworth Rotary Club, said the online entry registration went live at 12 noon on Monday. “All the places had gone by 3.10 pm, beating last year’s previous record time of six hours, and leaving a waiting list that is growing.”

Richard Thornton, joint senior partner at Blythe Liggins which is sponsoring the event for the tenth year, said: “This was a fantastic effort. There has been an explosion of interest in this event over recent years and this record time of three hours reflects that. Kenilworth Rotary Club has done an amazing job yet again.”

Caption: The Blythe Liggins Team