Webinar – Moving in together


SFE webinar series 2018 – webinar 7

19 July 2018 @ 1:00 pm – 2:00 pm

Speakers: Michael O’sullivan & Miranda Allardice

Venue: online

Categories: ,

Course content

Part a) What happens with an older partner – the issues that can arise for the elderly client advisor in this area in relation to protecting assets.

  • The desirability of an express trust deed if a property is jointly acquired
  • What happens if there is no express deed?
  • What rights of occupation does a non-owning party have?
  • Wills – how do you ensure your children inherit a fair share?
  • Options inc mutual wills life interest trusts
  • Tax issues re life interest trusts
  • The Inheritance (Provision for Dependants) Act 1975
  • LPA’s or Deputyships. Who should be appointed and risks?
  • Managing children’s expectations and achieving a fair balance

Part b) moving in with your children – the effects on parents gifting to children and undue influence, avoiding future conflicts in the family

  • Managing relations within the family
  • Capacity issues re gifts – preventing a challenge
  • Undue influence – preventing a challenge
  • Protecting the parent’s position re a joint purchase
  • Tax aspects including gifts with reservation of benefit and the Section 102B FA 1986 let out and other planning opportunities
  • Care home fee planning and deprivation of capital

About the speakers

Michael O’Sullivan is a barrister at 5 Stone Buildings. He has a Chancery practice focused mainly on trust, probate Court of Protection and estate litigation. In addition to that he undertakes a significant volume of professional negligence litigation concerned with tax planning and will drafting and estate administration where he acts for both claimants and defendants. He is also well versed in capital page 12

taxation work and regularly advises in relation to inheritance tax, capital gains and SDLT planning and mitigation. He has acted for a number of high profile clients in the entertainment industry and in the aristocracy.

Michael has acted in a number of significant Court of Protection cases. He has wide experience of contested statutory will cases and cases involving contested deputyships and attorneyships. He appeared in Re P [2010] Ch 33 Re Peter Jones [2014] EWCOP 59 – a statutory will case involving cross border issues EB v RC [2011] EWHC 3805 Removal of a Deputy under MCA 2005 D v JC [2012] WTLR 1211 statutory will involving applicant who had been adopted Re MN [2010] WTLR 1719 acting for applicant in a case involving alleged abduction of mentally incapacitated from the USA to the UK

Miranda Allardice is a barrister at 5 Stone Buildings. She undertakes a wide variety of contentious Chancery matters relating to lifetime gifts, wills, estates and Inheritance Act claims. She is a co-author of the recent Law Society Inheritance Act Claims A Practical Guide. Miranda is an experience mediator and has a thriving mediation practice.