Controlling and managing UK property/assets

When living overseas, while you have property and assets in the UK there is the question of dealing with day-to-day issues arising. These can, for example include, practical maintenance matters for properties, or questions/activity related to investments. Many well advised expats have found that a properly drafted Lasting Power of Attorney can cover the great majority of situations. At MOGERS we are well used to talking through the potential issues and highlighting structural opportunities which may not have occurred to you. You remain “in the driving seat” while having delegated day-to-day concerns. We are always happy to speak to you without any obligation to see whether we have effective responses to your circumstances.

Divorce and the over 60’s …

This has been a hot topic in recent months given the sharp increase in couples divorcing in later life.  Indeed the over 60’s are the only age group where divorce rates are rising.
With my parents both being in their early 60’s, I have to say there isn’t a month that goes by where one doesn’t threaten the other with divorce!  However, I know that for a lot of couples like them this is done in jest.  This time in their life being the most comfortable (financially); the stresses of work and children associated with younger life gone.  Now marks an opportunity to enjoy this new chapter of their lives together.
Unfortunately, for some couples this is just not possible and divorce seems the only way forward.  Research is being undertaken as to why this trend has recently developed. 
Some may say it is because people are living longer and when a person reaches the big 6 – 0 they have a new lease of life their parents or grandparents never had.  Retirement is therefore a time to do things that you couldn’t afford to do when you were younger.  This may lead to couples realising they have little in common – and, cannot face the prospect of spending another 20 years with their other half.
There is also a tendency for couples to have children later in life.  This, coupled with the cost of living means children are living with their parents for much longer than they would have done generations ago.  The ‘empty nest syndrome’ has always been seen as one of the key times in a couples life and can often be a trigger event for separation.  It just so happens that this event seems to be happening later in life than ever before.
I would always suggest couples attend counselling in the first instance if there is a chance of reconciliation and here at Mogers we work with a number of professionals who can assist.  If divorce is the only option then it is important to take legal advice in order to ensure that both parties can move into their retirement as financially secure as possible.

Vikki Strode guesting for ExpatLaw

Elderly Care (or lack of it)

What depressing news that a Home apparently rated excellent can still harbour some disgraceful behaviours. We make unscheduled visits to clients in Homes, not to catch anyone out but to ensure that the promised standards are in fact delivered.

The slightly worn Home can deliver the best care, as indeed can the most expensive and new. But no one should assume that what is written on the tin is what you get.

Having a bespoke service like ours to make sure older clients are treated with the respect and dignity they deserve has never been more important it seems.

Divorce Tourists choose London, but at what cost?

One in six divorce cases going through the British courts at the moment involve a foreign national. With high-profile settlements such as the upholding of Ms Radmacher’s pre-nuptial agreement in the Supreme Court, Frances Gibb has reported in the Times this week that the courts of England & Wales are being clogged up by the involvement of foreign cases or those with an international element.

It reminded me of my blogs in November 2010 http://bit.ly/xVQgcp  where I wondered if Hong Kong may become the new divorce capital, it would appear not.

Wives have for many years chosen the courts of England & Wales because of the generous provision that they can be awarded compared with other foreign destinations, in particular many courts in Europe where laws provide for earlier financial independence for both parties.

This shows huge confidence in the laws of England & Wales but is this causing UK citizens to suffer due to the backlog of cases being dealt with that involve an international element? Is this causing costs to increase with usual applications for consent orders taking months to be returned approved from the Principal Registry as opposed to a couple of weeks in many other courts? I am finding that managing my client’s expectations as to unnecessary delay is a big part of my job.

The fact that the Times also report that there is an increase in other litigation going through the British Courts is further demonstration that despite, many individuals having a lack of confidence in the  UK criminal justice system, it would appear that wealthy foreign individuals are choosing to litigate here.

I have been instructed by many UK expats who have married overseas and or have international relationships and whilst we always discuss the merits of jurisdiction, the vast majority will choose the UK even if it may not be in their best interest financially. They do so because they feel it is a jurisdiction that they think is fair.

Recession. Not in Cheltenham this week!

Kauto Star and Ruby Walsh (Photo credit: CharlesFred)

As capacity crowds of 55,000 each day have made their way to Cheltenham for the four-day Horse Racing Festival this week, it is difficult to know whether or not the country is in a recession and time of economic gloom.

It is estimated that £600m will be spent over the four days as a consequence of the Festival. A massive amount of that will fall into the bookies hands, who as I type this have had two very successful days so far with favourites such as Hurricane Fly being upstaged by outsiders.

They say that it is the Sport of Kings and certainly ownership of these fine animals is definitely only available to those with healthy bank balances, but it is a sport that is enjoyed by every class of individual. The Grand National used to be the main attraction but many would now argue that the Gold Cup is matching it’s popularity.

The Nation who perhaps 20 years ago could name maybe one or at most two jockeys are, now with the advances in TV coverage and Betting facilities, able to have a discussion about whether Kauto Star will beat Long Run in the Gold Cup this Friday. Willie Carson and Lester Piggott have been replaced by A P McCoy and Ruby Walsh.

It is not cheap to follow the racing by the time you factor in your ticket, travel expenses, food and alcohol for the afternoon and amount that you are prepared to give away to the bookies, but the excitement and atmosphere of the Festival is second to none.

Many punters like myself will get the paper out in the morning and read the expert’s tips and go up and down the list of runners and riders looking for the stand out name or colour that takes our fancy and then kiss the money goodbye as we dream about the horse coming in at 100-1.

I have no tips or wisdom to pass on for Friday’s Gold Cup, but sit happy in the knowledge that my winnings from Rock on Ruby (picked due to it being my daughter’s name!) on Tuesday are covering the losses for yesterday.

Gay Marriage. Social acceptance?

David Cameron must have expected some kind of backlash when he announced at last years’ Conservative party conference that he was in support of gay marriage. The law relating to homosexual relationships and ‘behaviour’ has been a constant source of division and bitter argument in both society and Government. It would now seem as though he is now heading for the Governments biggest clash with Church leaders for decades.

Dozens of MPs and six Bishops signed a petition against allowing homosexuals to marry in civil ceremonies, at present they are restricted to celebrating civil partnerships.

Marriage is a concept in common law defined by Lord Penzance in the 1866 case of Hyde v Hyde in which he said “I conceive that marriage, as understood in Christendom, may … be defined as the voluntary union for life of one man and one woman to the exclusion of all others”

This definition of marriage which has been in place for almost 150 years would have to change. I am not sure that such a change will have the same ground breaking civil rights measure as the Civil Partnership Act 2004. This came into force on 5^th December 2005 and comprised an incredible 264 sections not to mention 30 detailed schedules. But the rules governing marriage were used as a template for that Act in an attempt to certify that a civil partnership is, in most ways, akin to marriage.
The rights and responsibilities that are created by a civil partnership will not change but it will give a choice for all same-sex couples as to how they choose to celebrate their relationship. The law has changed so much in the past 50 years from when homosexuality was a criminal offence and with Human Rights a major driving force in practically everything happening these days, I would have to question whether the Church’s views are outdated?

The debate has covered many newspaper column inches in the past and with the Times just one of newspapers backing legislation I think we will all need to watch this space over the coming months as Mr Cameron will have a major battle on his hands to change the thinking that has been in place for decades!

Supporting your family in the UK when you cant be there.

Moving overseas and leaving loved ones behind can be hard, but leaving elderly parents without the emotional and practical support upon which they have become reliant is distressing.

At Mogers we have been helping expats who have elderly parents in the UK manage long distance care for decades. Our Concierge Service offers hands on local and practical support, such as paying bills, dealing with tax returns or finding suitable long or short-term care solutions which take away a real burden and give genuine peace of mind for everyone concerned.

Derwent Campbell will be presenting two free seminars at Hemminways By the Bay, in Discovery Bay Hong Kong on Wednesday 21st March between 6.30-7.30pm and again on Saturday 24th March 10-11am.

To book a place for either event contact sarah@jpmediahk.com

For more details about how this service works please visit  http://bit.ly/yI9exm

Tighter control needed on overseas contracts.

Business must take care when entering agreements with overseas organisations to avoid problems if disputes arise.

A High Court judge in London has been hearing a case (http://bit.ly/zJj6Mw ) that involved Brazilian companies who were in dispute over a contract covering the construction of one of the world’s largest hydro-electric facilities. The contract was for construction work in Brazil, it was governed by Brazilian law and was subject to the jurisdiction of the Brazilian courts.

But the dispute ended up in the English courts because parts of the original agreement were not precise enough, and the message to UK businesses trading overseas is to make sure they don’t fall foul of badly drafted contracts, particularly in emerging markets.

The contract in the Brazilian case said that any dispute had to be mediated and, if that failed, the dispute must be referred to arbitration in London.  When the validity of the arbitration clause was challenged, the issue turned into a dispute as to whether the English courts or the Brazilian courts has jurisdiction to rule on the validity of the clause.

The judge ruled that the parties were obliged to arbitrate their dispute in London, and that English law applied to the arbitration.

The case has been highlighted as a clear lesson for anyone who has dealings with foreign companies.  Whenever there is any foreign element, for example export of goods or foreign nationals as clients, the contract or terms of business must be clear about which country’s law will apply to the contract and which courts have jurisdiction.  Any other details must then be consistent with the basic terms concerning the applicable law and jurisdiction.

My colleague and commercial law expert Tom Webb said: “The devil is in the detail.  It is absolutely essential that the contract states the applicable law, because you need to be certain as to the effect of the terms – both at the time the contract is being drawn up and later if there is a disagreement. Otherwise you may find yourself in a very difficult position where your only option is expensive and difficult action involving foreign courts and procedures.

“If the contract says nothing, quite possibly the laws of another country might apply. And of course those laws might be quite different from ours.  The situation is different for consumer contracts within the EU because consumers are protected by EU regulations.”

Quiz Nights – A chance to shine?

I attended a well organised charity quiz by Baker Tilly  last night with a team of work colleagues to complete against fellow lawyers, accountants, bankers and financial advisers. An opportunity to test your knowledge and impress your colleagues or be ridiculed by colleagues for your lack of knowledge.

I was astounded by my colleagues’ range of knowledge from the typical science and nature rounds through to history and geography. Most of us have our specialist subject, things that genuinely interest us and we are passionate about.  We retain massive amounts of information, irrelevant details and stuff that may come in handy if we happen to be at a quiz.

With the popularity of these events as social or networking occasions or fund-raisers, I get to three or four a year and I recognise that I am there to make up the numbers for my team. My retention of general knowledge is in my opinion, reasonable but it would seem that everyone else also knows the same as me. I have recognised that unless I really know the best policy is to remain quiet.

But we all crave that two seconds of greatness of knowing something the other team members do not. Being confident that you really do know it and not talking yourself out of it or allowing the others to do so. It is an odd moment, it only last seconds but you live on that moment and talk about it for the rest of the night.  For all of the bad guesses, the ”oh I was about to say that” or “yes that’s it, definitely right” you tend to only remember the two or three questions that gave you your moment of glory amongst your peers.

Sadly they chose to remember your atrocious spelling when given the unpopular role as scribe for the evening, or the question which should have been your specialist subject that you got wrong.

A good evening was had, we came 6th out of 16 but having been last at the half way point, the food break clearly was the turning point!

Twitching! Sorry I mean bird watching!

I never thought I would say this but I can see some of the attraction of twitching having spent a large part of Friday evening and Saturday afternoon watching a European Eagle Owl in the wild. For me and many local residents the sight of such a magnificent bird in trees just yards from their front doors is amazing.

The owl, which I am reliably informed by a number of local amateur experts is female, set up home in a group of trees approximately three weeks ago. Clearly having escaped from presumably a private collector as she is ringed and still wearing her jesses, she has become the local village attraction.

But whilst my family and I have found the owl amazing seeing it close up, it is also extremely sad given that it is clearly in distress as it is constantly calling for its owner or keeper. The calling approximately every minute continues most of the day and night which for the residents has become extremely annoying. One couple who live next door to the tree have a branch outside their bedroom window and whilst originally enjoying the close up view, have now had three weeks of disturbed sleep and want it caught or worse shot!

Falconers have set up camp and are trying to lure the owl down during the day time, but she continues to evade them. Her huge wingspan for us non twitchers is a beautiful sight as she flies effortlessly between the trees.

But the bird is in danger from crows and other wild birds who do not take well to a natural predator in their locality. The owl has begun hunting and feeding with the carcus of squirrell being found, the rumour of chickens also being taken is a possibility but evidence would suggest a fox may be the more likely cause.

Local Experts have said that there are no reports of the bird being missing which appears strange but it is a concern about how much longer it may survive on its own in the wild having been in captivity probably for most of her life. I just hope the team of falconers on duty will catch this magnificent bird of prey and be able to look after it for yet more people to be able to see it but not in such distress.