April saw Matt competing in his first meeting of this season at Rockingham Motor speedway in Northamptonshire. From qualifying 12th he made his way back up to 10th, where he remained until the end of the fifteen lap race. This was a very pleasing result, reflecting the progress he had made over the weekend.

Matt was competing at Silverstone at the weekend which should provide an excellent opportunity to build on this experience.

The post Putting the Kart before the Car appeared first on Tanners.

At a recent family gathering for my grandfather’s 80^th birthday, faded photos and letters were shared evidencing the mischiefs and achievements of my forefathers. Whilst those physical records will be squirrelled away for generations to come, I wondered how their modern digital equivalents, comprising gigapixels tweets music and emails etc. stored online, could be preserved for future generations.

The first problem that might be faced is identifying online content, which has no physical trace or evidence, just lost memories of numerous passwords, logins and memorable questions. I discovered that my various accounts could be deleted automatically following months of inactivity: something highly likely after I’ve died.  Many people’s lives are captured, recorded and shared online and the loss of that digital history would be a great shame.

It could also mean a lost financial opportunity, if I were that way inclined. For instance, were the video of my grandfather falling into a flowerbed, during his choir’s vigorous alcohol fuelled rendition of Delilah, to go “viral”, an income might be achieved from advertising.  This happened to Howard Davies-Carr who uploaded a video of his children on YouTube (Charlie Bit My Finger), which he thought would only be seen by friends and family; after 400 million views it has earned him in excess of £100,000!

Even where my online content is identified in time, it is not uncommon for providers, such as Yahoo and Facebook, to refuse access without a court order, and perhaps rightly so, as you might prefer your email exploits to remain private. Similarly, you may not want to have the letters “RIP” added to your Facebook page, which would then become a memorial for hundreds of scarcely-known acquaintances.

It also seems that I may not own some of my online content, as content providers such as iTunes and Amazon have strict rules against the assignment or transfer of data.  Much of my digital musical, literary and movie library could therefore be lost.

Currently, content providers deal with matters on a makeshift basis, as there are no set rules to follow. Recently Google announced a new feature called “Inactive Account Manager”, which after a period of inactivity, gives nominated contacts access to your chosen Google assets (such as Gmail or Google Drive). Similar arrangements can be made with so called “digital legacy companies”, however, this does not ensure your information is dealt with in accordance with your wishes.  Instead it would be for your nominated contacts to trawl through your data and decide what to do with it.  There is also no guarantee that the relevant company will be around when you are not, and there are obvious security risks.

An old-fashioned sealed envelope containing written details and instructions for a trusted executor or solicitor may be the simplest and safest solution to your digital dilemma.  Nevertheless, before you start leaving coded messages, treasure maps or letters containing your passwords lying around, please talk to a member of our Wills Trusts and Probate Team as your online life can only be protected if your wishes are made clear in your will.

For further information please contact Derek Bryer on 01285 646 139 or at dcb@tanners.co.uk

The post Planning Your Digital Afterlife appeared first on Tanners.

Tanners has recently added its support to local business Rectory Farm Arena to help boost the Showjumping facilities in Gloucestershire. The arena opened near Cirencester in 2012 and has already become a hugely popular training venue with a number of the international event riders and teams.

GB squad member Tina Fletcher riding Promised Land

April 1st saw the hosting of their inaugural British Showjumping competition. Despite an icy east wind doing its best to keep people away, the day was a tremendous success with full classes all day. Those who braved the cold to the end of the day were treated to seeing Tina Fletcher and 2011 Hickstead Derby winner Promised Land competing in the final class.

The post Taking on the Tanners Towers appeared first on Tanners.

Key features of the 2013 Budget that will be of particular interest to the property industry are home ownership aspirations, supporting infrastructure and the creation of new jobs.  This overview aims to highlight some of the implications of those key features for the property industry both across the UK and locally.

Help to Buy

Part of the government’s £5.4 billion package of financial support to tackle long-term problems in the housing market was the introduction of Help to Buy.  This initiative offers two new schemes for home buyers:

• Equity loan scheme, which will be available from 1 April 2013 for 3 years; and
• Mortgage guarantee, which will be available for 3 years from January 2014.

Both schemes are aimed at helping those who want to move up, or indeed get on, the housing ladder as they will be available to both home movers as well as first-time buyers.  It is not yet clear whether either of the schemes could be used to purchase second homes although buy-to-let properties have been intentionally excluded.

I can see this generating new interest at the lower end of the market which in turn could stimulate markets generally.  However, the question of affordability still remains as the only mortgage option available under these schemes is capital repayment.

The Help to Buy schemes should not be confused with and shall be in addition to the government’s NewBuy scheme, which still remains in place.

Stamp Duty Land Tax avoidance

Sub-sales

The government announced that it had become aware of certain schemes that made use of the transfer of rights provisions in the Finance Act 2003 to avoid SDLT.

The Finance Bill 2013 proposes to part of the Finance Act 2003 that deals with the application of SDLT to “transfers of rights”, which are what we property lawyers commonly refer to as sub-sales.  The changes will take effect when the Bill receives Royal Assent.

These changes will apply retroactively to transfers of rights entered into on or after 21 March 2012.  In essence the changes will mean that any original contract being part of a sub-sale arrangement will not be disregarded for SDLT purposes where certain criteria are met.  The original purchaser may be liable to pay tax.

Enveloping

The 2012 Budget heralded a number of tax measures targeted at high value residential properties held by certain non-natural persons (NNPs).

An annual tax on “enveloped” dwellings (ATED) will come into effect on 1 April 2013.  The changes in respect of CGT are to come into effect from 6 April 2013.

There have been some concerns that increased levels of SDLT, the ATED and CGT measures might catch properties that were held by NNPs for genuine commercial reasons, and not simply for minimising tax liability.  The Finance Bill 2013 already proposes some reliefs in respect of the increased SDLT charge but the 2013 Budget confirmed that further reliefs will be brought in for all three of these measures.

It is interesting to note the government’s willingness to apply some of the tax avoidance measures retroactively.  This highlights the need to be cautious when exploring how to reduce taxation in your property transactions and to seek professional advice at an early stage.

Changes to pension investment rules to encourage the conversion of unused space in commercial properties

The government is to consider with interested parties whether the conversion of unused commercial space in town centres and high streets into residential use would be promoted by amending the rules for Investment Regulated Pensions Schemes.

This seems an ideal opportunity to explore the use of pension schemes as a property investment vehicle.  Should the appropriate legislation be passed then it will open up a much more diverse market for those looking to secure their future.  However, caution must be taken when removing commercial space from the market place.  Will a fall in supply have an adverse effect on the regeneration of our high streets?  We may find that the potential to increase rental values on commercial premises could price new businesses out of the market or cause struggling businesses to fold.

Planning reform

The planning system in the UK, despite the many reforms that have been undertaken, is still considered to be cumbersome, slow, expensive and bureaucratic.  New measures to streamline the system have been announced with the intention of preventing investment being diverted elsewhere in Europe because of problems being experienced in the UK in obtaining planning permission.

The government has announced that it will publish significantly reduced planning guidance by summer this year, ask local areas to establish bespoke pro-growth planning policies and develop further measures to streamline judicial review process for planning.

There will also be consultation on allowing further flexibilities between use classes to promote change of use from certain agricultural and retail uses to residential use.  This will be of significant interest in the local area and I shall look forward to hearing more about the consultation process as and when this happens.

The National Planning Policy Framework (NPPF), published on 27 March 2012, is already having an effect.  The proportion of planning applications being approved is at a ten year high and, it is estimated that 70% of councils now have a published development plan.  Cotswold District Council is in the process of developing its Core Strategy which will form its published development plan.  The current Local Plan was adopted in April 2006 so the revision of this policy is welcomed.

Other relevant issues

Business Rates

This year’s Budget did not provide for any change to business rates and in particular empty property rates. It is estimated that empty property rates cost property owners more than £1 billion a year.  The British Property Federation has been campaigning for reform of the business rates system to address the unfairness in the system that favours the internet retailer over the high street retailer.  Whereas this issue has not been specifically addressed, planning reforms are to be made which may allow more flexibility between certain use classes.

Green Deal

Environmentalists are concerned that whilst the government is supporting home-buyers with loans to buy that are interest free for five years, people who use the Green Deal to insulate their home have to borrow at about 7%.  Campaigners are generally disappointed with the lack of mention of renewable energy while at the same time the government exempted some energy-intensive firms from the climate change levy.

How Tanners can help

Tanners has a wealth of knowledge and experience in the property sector and has established a considerable network of specialist, professional advisors that can assist you with your personal and business needs.

Please feel free to call me to discuss further any of the topics you see here or any other issues that may concern you or you have a query about.

The post Budget : Property Overview appeared first on Tanners.

Bursting at the seams, we have had to utilise an additional building at our premises in Thomas Street as extra office space to accommodate new members of staff.

As part of our continuing success we are delighted to announce that Richard Lloyd has joined our property team as an Associate Solicitor who brings with him specialist knowledge of offshore property transactions, gained during a five year period working in Guernsey.

We are also thrilled to welcome Lisa Holmes who has joined our wills trusts and probate department as a Chartered Legal Executive, currently training to become a Solicitor.

The post Continuing Success Leads To Expansion appeared first on Tanners.

Dickens’ famous account of the legal process in Bleak House might be dismissed very easily as the literary frame without which the story would not work. But the law reports remind us that lawyers and their clients continue to endure bizarrely similar experiences in real life.

On 31 October 2012 an appeal was heard in Hawes v Burgess, a case which saw three adult siblings pitted against each other following their mother’s demise. In 2007 Mrs Burgess made a will that didn’t completely exclude her son, but which did leave the bulk of her estate to her daughters equally. Her daughter Julia was described as “the driving force” in the making of that will, making arrangements with the solicitor, accompanying her mother to meetings and giving instructions on her behalf. After Mrs Burgess’ death in May 2009, the validity of the will was challenged by her son Peter and her other daughter, Libby. They alleged that their mother lacked either

(a)    mental capacity to make a will at all, or

(b)   knowledge and approval of the contents of the particular will she signed.

There was a six day trial with 26 witnesses. The judge agreed with Peter and Libby and therefore proclaimed the will invalid. The effect of that decision was to bring “back to life” an earlier will in which the estate had been divided equally between the siblings. Julia appealed, but the Court of Appeal has confirmed the original judge’s decision that the 2007 will was invalid. While the Court of Appeal felt that Mrs Burgess did not lack capacity to make a will in a general sense (the first of Peter and Libby’s two original allegations), crucially, Julia had failed to prove her mother’s knowledge and approval of the specific terms of the 2007 will.

Lord Justice Mummery, hearing the appeal, said “The cost of contesting the 2007 will is a calamity for this family in every way… The failed negotiations mean that the estate will become, if it has not already become, worthless… Even worse are the enduring human consequences for a once “close knit and loving family”.”

This case is an example that reinforces our policy of taking trouble, when families make wills, to do everything possible to ensure certainty and peace of mind.

The post Dickens Had it Right appeared first on Tanners.

The Land Registry has opened a new fraud line for property owners with concerns about their property being the subject of a fraudulent sale or mortgage.

The line is open from 8.30am until 5.00pm Mondays to Fridays.  The Land Registry states that there are specially trained staff on hand to give practical advice and guidance on what do do next.

The telephone number is 0300 006 7030 or you can fill in the fraud reporting form and the Land Registry will call you back during office hours.

There is more information on ways to combat property / mortgage fraud in our previous news item “Second Homes and Property Fraud“.

If you are the victim of fraud and would like advice from a property lawyer, please contact our property team.

The post Land Registry Property Fraud Helpline appeared first on Tanners.

The Green Deal offers home owners the opportunity to take various measures to improve the energy efficiency of their homes without incurring up front costs. That cost (or a part of it) will be paid by the installer and repaid (through their energy bills) by the home owner, together with fixed interest over a set period, perhaps 15 years. The installer must obtain any necessary planning or building regulation consents. The carrot for the home owner is that the Government guarantees that the total amount that the home owner repays will not exceed the value of the savings made through their reduced energy requirements.

Result: increased comfort for the home owner and a reduction in energy demands to comply with Kyoto for the Government.

A pdf of the Governments proposals and the works which would be eligible can be found at The Green Deal – Gov.uk

A range of questions immediately spring to mind:-

• What happens if property subject to a Green Deal changes hands?
• Can a home owner terminate the arrangement if the benefits are not as promised?
• Would a landlord be interested when the tenant pays the utility bills?
• What happens if the property is mortgaged?

An exhaustive answer would be tedious but we can highlight a few important points for the sale and letting of an affected property:-

• Through changes to the Energy Performance Certificate (“EPC”) (already a part of the marketing process) the owner must provide specified information. It will be important for buyers and tenants to check this.
• Standardised enquiries on property sales are being extended to include a particular question on the subject to ensure buyers are made aware of the possible liability they are taking on.
• You cannot ensure that responsibility for The Green Deal repayments will pass on without disclosing the scheme to the new occupier and obtaining their acceptance of that financial responsibility by signing a prescribed form.

Unfortunately there remain a host of uncertainties:-

• What happens if the property already has an EPC and it is not updated?
• What happens if the property is listed? The requirement for an EPC is waived for listed buildings.
• Can the unwary buyer or tenant inadvertently accept liability if they carelessly pay their energy bills without noticing the surcharge to cover The Green Deal?

No one knows what the Green Deal take-up will be. For home owners who have no intention of moving house within the next decade the offer may well be attractive. For landlords and those whose jobs mean they are frequently on the move, the Green Deal could prove a costly mistake.

It is going to be even more important if you are selling, buying or renting property to get sound advice on the implications of a Green Deal affecting it or you could end with a liability you had not bargained on.

The post The Green Deal appeared first on Tanners.

You may have a perfectly good English will and, as a matter of law, such a will can normally cover all assets worldwide.  However, when it comes to actually dealing with foreign assets after your death, other countries’ systems for recognising English wills can be nightmarishly complicated and expensive.  For that reason your executors and intended beneficiaries would undoubtedly thank you for putting in place foreign wills or suitable arrangements to cover assets (particularly land and buildings) owned abroad.  Doing so will give you and your executors much greater control over the process of dealing with your foreign assets after your death, and it also achieves the useful practical benefit of establishing contact with an appropriate local lawyer during your lifetime (i.e. someone in the country or countries in question who will have some knowledge of your affairs with which to assist your executors).

Without specialist advice in the relevant jurisdiction you may have no idea what will actually happen to your property there on death.  Bear in mind that, unlike England, many countries have some kind of forced heirship system.  Sometimes it is important to take steps when acquiring property to avoid such a system because it is impossible or complicated to make changes later.

The golden rules, when making a will abroad, are to ensure that such a will is expressly limited in scope (i.e. it does not seek to cover assets other than those held within the particular country in question) and, above all, that it does not inadvertently revoke any former wills.  Wills often contain a standard provision revoking all earlier wills in any country but that would be a disaster if, for example, you have a perfectly good English will that you intend to leave in place!

If you are in the position of needing a foreign will then do speak to one of us to find out whether we might be able to give you names of trusted specialist lawyers in the country in question or so that we can work with any that you have found to ensure that all bases are covered.

The post Territorial Ambitions appeared first on Tanners.

I learned long ago, never to wrestle with a pig.  You get dirty and besides, the pig likes it.

The post George Bernard Shaw appeared first on Tanners.