Month: March 2017

You may be eligible for a payment if you live in the homeowner payment zone.

Who can apply?

Your house or 25% of the total area of your property must be in the homeowner payment zone and you must be the owner occupier of a residential, agricultural or commercial property.

An owner occupier must:

• be the freeholder or a leaseholder with at least 3 years
• be the freeholder or a leaseholder with at least 3 years left on the lease
• be living in or running a business from the property or have done so for at least 6 months in the last 18 months if the property’s currently empty
• have bought the property before 9 April 2014 for Phase 1 and before 30 November 2015 for Phase 2a when the proposals for the homeowner payment were announced.

have bought the property before 9 April 2014 for Phase 1 and before 30 November 2015 for Phase 2a when the proposals for the homeowner payment were announced.

Your commercial property won’t qualify for homeowner payments if it has a rateable value of £34,800 or more.

What you’ll get

Distance from line of the route

Between 120m and 180m – £22,500

Between 180m and 240m – £15,000

Between 240m and 300m – £7,500

You’ll be eligible for the band in which your residential dwelling sits if your land is covered by more than one homeowner payment band.

You may be eligible for the £7,500 band if your dwelling is outside the bands but your land is within them.

You’ll be eligible for the higher payment if the dwelling itself is in more than one band.

Most people who receive money under the homeowner payment scheme would not have to pay tax on it.

You can accept payment and still be eligible for the Need to Sell Scheme – the value of the payment (plus statutory interest) will be deducted from the purchase price.

Q & A

Q A	What is the HS2 Home Owner Payment Scheme? This is a discretionary lump-sum payment if your property is near the proposed High Speed Two (HS2) route
Q A	I’ve received a letter from HS2 about the Home Owner Payment Scheme. Does that mean I can claim a payment? Almost certainly. If you have not received a letter but still think you may be entitled to the payment, check the eligibility criteria online or call the HS2 Helpdesk on 020 7944 4908.
Q A	How much could I get? You could receive a payment of either £7,500, £15,000 or £22,500 depending on which homeowner payment band you’re in.
Q A	Will this effect any other claim I may have against HS2? No. This payment is totally separate to any other claim you have against HS2.
Q A	Is there a deadline to apply? Yes. You will have until one year after Phase One is open to the public, currently expected 2026, however we would encourage you to apply as soon as possible.
Q A	How do I apply for my payment? You can either fill in the application form yourself or we can do this for you and send it on your behalf, just call us to book an appointment.
Q A	Will I definitely need a Solicitor? Yes. Whilst you can make the application yourself if you wish, you will need to instruct a Solicitor if your application has been successful.
Q A	Who pays the Solicitors fees? HS2. We will invoice them separately and they pay us directly. You will not need to pay us any money in advance.
Q A	How long will it take for me to get paid? HS2 will try to make the payment within 40 working days from the point the application is received. Your payment will be made directly to us by BACs. Once we receive the funds, we will release the payment to you either by bank transfer or cheque, whichever you prefer.

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Julie joined EDS in the spring of 2015 from a leading national firm where she had been working as a defendant personal injury lawyer. Julie now brings her wealth of knowledge and experience to her role as solicitor in the personal injury department.

If you have any questions or queries, please get in touch on 0121 770 1721, or juliebennett@evansderry.com

Ilott v Mitson – Supreme Court Ruling

 

For the first time, the Supreme Court has heard a case involving legislation that was passed 42 years ago! The decision, which is said to support the principles of testamentary freedom, has been passed today. The unanimous judgement was handed down by the Supreme Court in the final chapter of the ongoing saga that is the case of Ilott v Mitson. The appeal of the charities has been allowed, and the order of the District Judge in the first instance has been restored.

The case has made headlines in recent years due to the various appeals made by the parties to the case but a summary of the background is this:

• Mrs Ilott was the only child of Mrs Jackson, whom she had been estranged for 26 years. Mrs Jackson died in 2004 having made a valid Will leaving her estate worth approximately £486,000 to various animal charities. Mrs Ilott was married with 5 children and received benefits. She brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for financial provision.
• In the first instance, it was held that the Will did not make reasonable financial provision and she was awarded £50,000. Mrs Ilot appealed and the charities cross appealed.
• The High Court disposed of Mrs Ilot’s claim, awarding her nothing and the charities succeeded. Mrs Ilot brought a second appeal.
• Mrs Ilot succeeded and the case was sent to the High Court for them to decide how much she should be awarded. However in 2014 the High Court dismissed Mrs Ilot’s appeal on the value of her claim and so Mrs Ilot appealed again.
• The Court of Appeal overturned the original award of £50,000 and replaced it with an award in favour of Mrs Ilot in the sum of £143,000 (to purchase her home) and a capital sum of £20,000 – sums intended not to impact on her state benefits entitlement. The charities appealed this time.
• The appeal was allowed and the original award of £50,000 was reinstated.

The importance of the decision is that it provides clarity on claims being brought by adult children under the Inheritance (Provision for Family and Dependants) Act 1975. The Supreme Court has highlighted the importance of limiting financial awards to adult children, and gives weight to the wishes of the testator and the period of estrangement. The Court also recognised the importance of charitable legacies, highlighting that they “…depend heavily on testamentary bequests for their work”.

Whilst the decision is clearly a victory for the Charities, it will no doubt have an impact on adult children contesting a Will, making it more difficult and potentially less likely for them to succeed.

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From Faye Scotter in Probate Department following the significant judgement in the Supreme Court today.

If you have any questions or queries, please get in touch on 01675 464 400, or fayescotter@evansderry.com