Opinion &
Insights

Welcome to the latest legal news and insight from Tolhurst Fisher, covering all the UK and international deals, disputes, lateral hires and law firm updates.

Part 8 TOLATA Proceedings – Trusts of Land and Appointment of Trustees Act 1996

If you are a joint owner of your property and are experiencing difficulties relating to a property you co-own with another party regarding, the sale of the property, the division of equity, disagreements over each party’s respective shares, access rights, or one party being excluded from the property, you may be facing issues that could give rise to TOLATA proceedings.

Developments in law relating to Declaration of Parentage

The recent case of Re S (Children: Parentage and Jurisdiction) [2023] EWCA Civ 897 was hugely significant involving the children of same-sex civil partners conceiving children by fertility treatment and the rights the non-biological parent can exercise.

What happens if a party dies after a financial settlement?

A Barder event was coined as such by the case of Barder v Barder in 1987 which it was determined that a family law court to exercise its discretion to grant leave to appeal out of time, if certain conditions are satisfied. The conditions were (1) a new event invalidates the basis upon which the order was made or (2) the event occurs within a relatively short period of time.

ESTAS 2023

Tolhurst Fisher honoured with three ESTAS awards

Capital Gains Tax: The new rules in relation to family homes involved in divorce

As of the 6th April 2023 there are new rules incoming that are significantly going to change the way Capital Gains tax (CGT) applies to those who are divorcing. The changes, brought about by the Finance Bill 22-23 aim to simplify the rules for both practitioners and those going through a divorce.

Progress but with delays

As our Probate Team operate at the coalface of the Probate Registry and HM Revenue and Customs, they are uniquely placed to comment upon both the IT improvements and frustrating delays that they are experiencing with these critical government bodies. Both have moved to streamline their processes using technology where possible and, particularly in the case of the Probate Registry, largely moved to an electronic platform to manage the Probate process.

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Opinion & Insights