Archive for January, 2009

Jan 09 – Richard Smiths Market Commentary

MARKET COMMENTARY

BACKGROUND

It is a mere four months or so since the US investment bank Lehman Brothers filed for bankruptcy, an event that would have been described as all but impossible only a few months earlier. That event is widely recognised as the point at which the powers that be, Governments and regulators lost control of the financial sector restructuring process.

The Lehman debacle and the ensuing collapse in economic confidence led to a sea-change in the global authorities’ policy response. Previously, central banks were more concerned about inflation and avoiding an appearance of bailing out imprudent borrowers and lenders, to discourage imprudent activity in the future. Because their actions appeared piecemeal, reacting to crises at individual institutions, markets did what markets do, focused on the next most vulnerable institution after each “rescue”. Consequently, all banks reacted by hoarding liquidity so they could defend themselves if they were identified as the next “target” and because of increased concerns about borrowers’ ability to repay in a period of economic stress.

The breadth of the September collapse in market confidence was shocking and sudden and was allied to the complete seizing up of the lending markets. The realisation that the credit markets were in danger of total breakdown forced authorities to introduce policies that would have been inconceivable even weeks before. During the first half of October, a range of measures ensued to restore liquidity to the lending markets, with governments underwriting hundreds of billions for the banks, interest rates were aggressively cut and governments agreed to ease fiscal policy, even though in some cases deficits were already at high levels.

The shock of these weeks caused business and private consumers to cut back on spending, investment and hiring staff. Savings rose sharply, leading to a slump in new orders and economic activity. Whilst this has started to address the imbalances between deficit countries (such as the US and the UK) and those with trade surpluses, the pace of change has been painful, with fears that a “normal recession” could be tipped into a depression similar to the 1930s.

This period of economic contraction coincided with the strains on the banks caused by the end of the credit bubble, causing a particularly sharp squeeze on lending, with negative effects across the economy. A change in borrowing trends that could fairly be described as desirable if spread over a number of years could become a catastrophe if condensed into a single year. Prudent and well financed businesses and individuals can as a result be caught out along with those that are already overstretched.

The authorities’ reactions to this worrying and unpredictable outlook have been threefold: reduce the cost of borrowing, increase the supply of liquidity to banks and boost spending. Although there are some signs these measures have stabilised the situation it is not yet clear whether enough has been done to reverse the destructive cycle of banks’ losses prompting a squeeze in credit, causing a contraction in activity, leading to further losses and so on.

What does appear clear is a collective global determination to do “whatever it takes” to promote an economic recovery during 2009, to avert the risk of a prolonged slump. Whilst these appear correctly focused on the need to maintain a supply of credit and to ensure the capital strength of the banks, the missing ingredient is confidence, which does not respond mathematically according to an economic equation. A more encouraging bubble bursting has occurred with the oil price, which surged to an eye-watering $140+ a barrel in the summer and has since fallen back to $40.

The immediate outlook for financial markets will be the outcome of a tussle between the negative news on output and corporate earnings and the hope that unprecedented fiscal and monetary government input, aided by the collapse in oil prices, will improve trends during 2009 and create confidence that 2010 will be a better year. Although considerable pessimism is priced in, the twin pressures of recession and the credit squeeze present near-term risks, particularly for areas of the economy with high borrowings or uncertain revenues.

UK

The UK economy has slipped into recession and forecasts have been cut back sharply for 2009. The credit squeeze has made banks cut back on new mortgage lending, only available on demanding terms, and with house prices still falling the urgency to “get onto the ladder” has abated.

Consumer spending, fuelled by mortgage borrowing and cheap sources of credit, was a significant driver of the UK’s boom period and that will have to change, UK consumers need to rebuild their savings. For those with jobs and mortgages, the fall in loan rates and oil prices will enable them to do so without undue pressure on spending. Those who lose their jobs, or fear doing so, will reduce their spending despite the relief of lower mortgage rates and fuel prices

The depth of 2009’s recession and recovery (?) in 2010 will depend on the speed with which consumer savings are rebuilt and restoring a normal flow of credit, so creditworthy businesses and individuals are able to finance their plans. Further steps to boost the banks’ capital strength and access to funds will be needed before the credit contraction is reversed.

The UK was particularly vulnerable to a credit-induced recession, owing to high levels of private debt and overextended house prices. Although the transition from 3% growth in 2007 to a forecast 1.5% fall in output in 2009 has been sudden, recent policy changes argue against becoming steeped in
gloom. Base rates have been cut from 5.75% to 1.5% and seem set to fall further. These rates are beginning to percolate through to company borrowing costs and existing mortgages. Sterling has fallen sharply against its main trading partners, which will help exports, tourism and companies competing with (now more expensive) imports.

The government has embarked upon a series of temporary tax cuts and spending measures and, although this will have to be paid for eventually (by future taxes or spending cuts) it should help buffer the current downturn averting the risk of turning into a multi-year depression.

The fall in fuel prices will also help support spending in 2009 so the position for many individuals could appear much better by the end of 2009 than currently expected, while companies able to benefit from a competitive level for sterling (for the first time in a decade) should be able to win market share. Once the bottom of the global recession has passed (hard to predict, but could be in the first half of 2009) the UK stock market (with its substantial exposure to overseas earnings and resources stocks) could perform relatively well.

EUROPE

The European Central Bank’s (ECB) interest rate strategy between July and October looks, with hindsight, to be a massive misjudgement of the scale of the financial sector’s problems. When credit markets collapsed, European banks and insurers proved as exposed as their peers in the US and the UK.

A by-product of the credit crisis was increased concern about the ability of constituent members of the Euro to stay “in the club”. The ECB’s policy proved easier for economies (such as Germany) that had gained competitiveness in recent years than for those (such as Italy, Spain or Ireland) which had either lost competitiveness or had greater need of easier policy as a result of imploding real estate booms.

For governments sharing a common currency, their bond yields should be the same, which was virtually the case two years ago. Yields began to diverge significantly in mid 2008, as economic growth slowed and concerns about property and credit markets grew. Markets are currently pricing in a 13 to 14% devaluation by Ireland and Italy over the next 10 years putting pressure on the euro “club”.

Policy disagreement is already evident over the extent of economic stimulus needed and, if Germany (the main country in surplus) continues to hold out against significant fiscal stimulus and the ECB drags its feet in delivering lower rates, this may increase further. The Euro depends upon the electorates in its constituent countries accepting the overall merits of being in the currency union and their loyalty will be tested if the European economy remains mired in a prolonged recession.

European equity markets have corrected sharply but the currency remains at overvalued levels against its major competitors (Although the correction here has already begun in early 2009). This either suggests a greater than average risk of profits disappointing or that the ECB will declare victory over inflation and cut rates to levels prevailing elsewhere.

UNITED STATES OF AMERICA

In common with other regions, the economy appears to be in freefall, as the banking collapses in the autumn have stalled consumer spending and investment, while the recapitalised banks have tightened lending criteria, seeking to avoid more losses.

Although it is clear that (since Lehman Brothers) the Federal Reserve (the Fed) will not allow systemically important banks to fail but they have little control over lending policies. The key is a restoration of confidence, and this could be where the new administration and an inspirational new president may have a key role to play.

The US housing market was the initial cause of the banking crisis so it would be both symbolically and financially important if this market were to bottom out in 2009. For the last two years, builders have been scaling back construction but this has been more than matched by reduced buying. The recent price corrections, together with falls in mortgage rates, has restored affordability to the best level in 30 years.

The Fed, by directly purchasing loans underwritten by the government housing agencies is reducing the rate at which mortgages are offered to new buyers. Political initiatives are directed at reducing home foreclosures, and prices have already corrected sharply, especially in overheated boom regions such as Florida and California. Mortgage refinancing applications are rising sharply. So, the building blocks of a turnaround in housing are there but the risk of the market overshooting downwards remains.

The key remaining weapon in the policy armoury is fiscal policy. The gap between the election of Barack Obama in November and the inauguration in January has led to a dearth of new initiatives on spending or taxes. However, it is clear that the incoming administration is planning a massive stimulus which will be enacted shortly after President Obama takes office. This is likely to coincide with the second half of the $700bn Troubled Asset Relief Programme to help the banking sector.

The first quarter of the year in market terms is likely to see a contest between very poor news from the economy and a massive fiscal and monetary stimulus. The current market assumption is putting more emphasis on the negative factors driving the need for the stimulus than the potential upside if it succeeds in restoring confidence.

JAPAN

The Japanese market has recently been the best-performing major equity market, owing to the strength of the yen, which has more than offset worse than average falls in the local indices. The yen strength will benefit domestic growth, reduce import costs and improve consumers’ purchasing power and company margins. The collapse in oil prices will also benefit a country low in natural resources.

However, with its two major export markets, the US and China, either in recession or significantly slowing, the strong yen is an unwelcome competitive burden. By adding to the falls in commodity prices it will intensify the swing back into deflation. Although the debt from the 1980s is largely cleared, consumers may (again) defer purchases when prices are falling.

The currency’s rise has owed much to the repayment of borrowings associated with speculative investment, as low Japanese rates tempted some investors to borrow in yen to invest in higher yielding securities elsewhere. So, it seems probable that once market sentiment settles and the global outlook becomes clearer the yen will reverse part of its strength, undermining returns for foreign investors.

Domestic policy is relatively powerless to act to counter the renewed recession, as interest rates are already near zero and the public debt ratio still very high. So, Japan appears largely a spectator / passenger of the global recession. Without a sharp fall in the yen the domestic stocks look to have better prospects (a possible exception to the global expectation that large cap stocks will outperform).

FAR EAST AND EMERGING MARKETS

Emerging markets were amongst the worst affected in the equity sell-off in late 2008. As growth forecasts slipped, the risk to emerging economies’ prosperity rose and this deterioration was exacerbated by those adopting the common strategy of moving closer to home when times are volatile.

Economic growth forecasts have come down for emerging markets but the growth rates remain significantly higher than the negative levels expected for most developed economies in 2009. So, although they have not “decoupled”, prospects appear better than in the past when emerging markets tended to do worse than developed economies. Interest rates have started to fall quickly and fiscal policy is also being eased, to offset the drag from slower exports to the recession-hit Western economies.

Although the timing of a recovery in commodity prices is linked to the turn in the global growth cycle, the falls in late 2008 clearly benefit resource-poor countries in Asia that have embarked on major urban and infrastructure programmes (notably China and India).

In a world environment where growth is scarce the appeal of the faster growth rates available in emerging markets is likely to be sustained. With faster growth available at similar ratings, emerging markets have scope to perform relatively well after 2008’s correction.

ALTERNATIVE ASSETS (Incl. Commercial Property)

For most of 2008, “alternative assets” were held back by a common factor: many such investments employ gearing, which magnifies losses from falling asset prices. This is particularly the case when the underlying assets are illiquid (e.g. property or private equity) or when the falls in asset markets are unexpectedly steep, forcing managers to sell assets into unreceptive markets that have already fallen.

Even though commercial yields (rents) now appear high relative to cash, gilts or equities, an overshoot seems to be underway owing to the lack of debt finance available and the possibility of tenant default. Added to this, investors expect distressed sellers to force valuations even lower. It now appears to be the fear of further price overshoots rather than concerns about value that are keeping investors away. This could change if the credit markets start to function, but almost certainly not before.

The alternative asset category most damaged by 2008 appears to be hedge funds. Not only were most of them unable to avoid significant losses (despite their “absolute return” marketing pitch) but many of the funds bought by investors slipped to wide discounts, creating price falls that were in many cases worse than the drops in equity indices. The final nail in the coffin for sentiment was delivered by the disclosure that the Madoff funds may have lost investors up to $50bn. Although it became clear after a few weeks which funds had invested with Madoff and which had not, there was a general sell-off in the sector and it seems likely that significantly improved transparency and better corporate governance will be needed to restore the sector’s attraction for investors.

Investors are likely to continue to seek the diversification merits of “alternative” assets, as low cash and bond rates prompt a search for exposure to higher long term returns from real assets in forms that are less correlated with the volatility of equity indices. The learning point from 2008 is that it is vital to understand the underlying investments and pay attention to balance sheet and governance issues.

OUTLOOK

The immediate outlook is for disappointing news on economic growth and corporate earnings. Although media attention will concentrate on the immediate (and usually negative) issues, so many things changed in late 2008 that investors and managers have to be more than usually alert for signs that the present negative trend is changing. Whilst it is possible that the present fragile consensus of a recovery appearing (perhaps still on the horizon) by the end of 2009 will be disappointed, it is also highly likely that the markets will react positively and swiftly before the recovery actually occurs.

With oil prices two thirds below their peak, major shifts in currencies, unprecedented fiscal and monetary easing and massive assistance given to the banks there are more forecasting uncertainties than usual. Many of these changes take time to work through economies, unlike a shock, where the impact is immediate. The assumption that deflation will be around for years and that inflation is effectively dead appears vulnerable. It is only six months ago that central banks were warning about rising inflation expectations and there seems little reason to believe today’s received wisdom will be any more accurate than yesterday’s.

Given that the global authorities have embarked upon a deliberate policy of monetary reflation, it would seem reasonable to assume deflation will be short-lived. Also, if any recovery is relatively modest it will be politically hard for governments to remove the current stimulative policies when they have succeeded in averting a depression. As a result, these policies may remain in place for too long, creating higher inflation once the recessionary forces restraining price rises have abated. In that environment, most real assets (equities, property, commodities, and index-linked bonds) would appear more attractive, yet are currently being shunned by investors. By contrast, the currently-prized safe havens of government bonds and cash would see their value eroded, even if the rise in inflation is modest.

Until some level of normality returns, investors need to strike a balance between secure assets that are resistant to nervous sentiment and gaining exposure to a recovery in global confidence. The outlook for economic growth is certainly cloudy, suggesting that it is too early to significantly increase exposure to equities. Commercial Property also appears to still be vulnerable for the foreseeable future. Investment grade corporate bonds are currently offering equity type returns with less risk but, as in all asset categories, paying attention to the quality of the issuer and balance sheet resilience will be important for the foreseeable future. A diversified portfolio, perhaps with a cautious flavour for the first half of 2009, looks like a reasonable way forward.

Richard Smith  Independent Financial Adviser 0845 226 9106

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House Prices – the only way is up!

Some good news, ” green shoots” ok please don’t email me with comment  about that.

http://www.ifaonline.co.uk/public/showPage.html?page=ifa2006_articleimport&tempPageName=835296

this is  from one of our Industry Websites, it kind of makes some sense.

Just maybe we are coming out of this.

Richard smith

Independent Financial Adviser

0845 2269106

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Today’s the day we get a new Leader in the U.S

We have a small test for you today.

To celebrate Mr Obama’s Inauguration in Washington how many U.S Presidents can you name?

Having done this myself this morning I only managed 5. How many did you get?

Here they are:-

1st George Washington 1789-1797
2nd John Adams 1797-1801
3rd Thomas Jefferson 1801-1809
4th James Madison 1809-1817
5th James Monroe 1817-1825
6th John Quincy Adams 1825-1829
7th Andrew Jackson 1829-1837
8th Martin Van Buren 1837-1841
9th William Henry Harrison 1841
10th John Tyler 1841-1845
11th James Knox Polk 1845-1849
12th Zachary Taylor 1849-1850
13th Millard Fillmore 1850-1853
14th Franklin Pierce 1853-1857
15th James Buchanan 1857-1861
16th Abraham Lincoln 1861-1865
17th Andrew Johnson 1865-1869
18th Ulysses Simpson Grant 1869-1877
19th Rutherford Birchard Hayes 1877-1881
20th James Abram Garfield 1881
21st Chester Alan Arthur 1881-1885
22nd Grover Cleveland 1885-1889
23rd Benjamin Harrison 1889-1893
24th Grover Cleveland 1893-1897
25th William McKinley 1897-1901
26th Theodore Roosevelt 1901-1909
27th William Howard Taft 1909-1913
28th Woodrow Wilson 1913-1921
29th Warren Gamaliel Harding 1921-1923
30th Calvin Coolidge 1923-1929
31st Herbert Clark Hoover 1929-1933
32nd Franklin Delano Roosevelt 1933-1945
33rd Harry S. Truman 1945-1953
34th Dwight David Eisenhower 1953-1961
35th John Fitzgerald Kennedy 1961-1963
36th Lyndon Baines Johnson 1963-1969
37th Richard Milhous Nixon 1969-1974
38th Gerald Rudolph Ford 1974-1977
39th Jimmy Carter 1977-1981
40th Ronald Wilson Reagan 1981-1989
41st George Herbert Walker Bush 1989-1993
42nd William Jefferson Clinton 1993-2001
43rd George Walker Bush 2001-2009
44th Barack Obama 2009-

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OBAMA – I like this man.

But what will Obama do for America?
SUMMARY
• Obama’s financial policies are at least as radical as his foreign policy

• He plans an almost unprecedented investment in infrastructure

• There will also be major environmental initiatives

• Reform of health insurance will probably be his first major test

His campaign for the US Presidency captured the world’s imagination in a way that few politicians have managed in living memory. Yet while his rallying  resonated so strongly – and his criticism of the current regime’s foreign policy  struck a chord – few people seem aware of his main domestic policy proposals.

He has a number of distinctly radical pronouncements on domestic policy that have great financial consequences. I think  that the changes in domestic policy will actually prove more far-reaching than anything that happens in Iraq or Afghanistan. It seems timely to look at some of his more important domestic policies, and the impact they  will have on markets.

At the same time Obama intends to aid consumer confidence by providing a tax rebate of SI.000 a year per family. He continues to insist that he will cut tax for 95% of Americans. (I am not really sure how this will work). Taxes for pensioners on low earnings will fall particularly sharply.
As in the UK, the deficit will initially be allowed to rise as fiscal stimulus tries partially to offset the impact of tighter credit, but the cost will be partly mitigated by a windfall tax on energy companies. There will also be higher capital gains tax (CGT) and an income tax surcharge on these earning over $200,000 (Ring any Bells?)

I for one am very happy to see the present Bush Regime consigned to  US History and about time.

God Bless America, I hope you manage to stop sneezing soon as our colds are becoming unbearable.

Richard Smith

Independent Financial Adviser

0845 226 9106

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Today the Banks

and who knows what is next, probably only a few members of the New Labour’s Front Bench.

I think it is interesting to watch this from the outside, only to realise quickly after in that it is our money that is going to end up being spent if it all goes wrong, fingers crossed (is that a plan?) the Second Bail Out Works.

I for one do not believe that any other business will be getting any help, unless of course  they can be shown to be as poorly managed as the Big Five Banks in the UK.

For all of us I hope it works.

Richard Smith

Independent Financial Adviser

0845 226 9106

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Investment Markets who knows when they will start go up?

Following on from  a series of conversations with clients over the past few weeks about the Markets (Shares) I thought it would be helpful to pass some comment here.

We are clearly in an Economic  Downturn. and this has been discounted by the Markets over recent months, hence the falls. Overall Dividends from certain shares seem to indicate a ” value buy”.

We also know that at some point the Markets are going to turn and start moving upwards, only no one person knows when this will be. So, if we know that it is going to happen should we not start thinking about moving some funds (or more funds) back into Share Based Investments in order to catch the new upward trend.

As always timing is important, however with Deposit (Bank and Building Society) returns now looking derisory moving some funds on ‘dripped’ basis back into Real Investments now looks like a very sensible thing to do.

Note of course that Stock Markets tend to rise in a recession/down turn/credit crunch, and indeed have risen in 3 out the last 4. In simple terms the Markets tend to factor in the Bad News well before it finally arrives, and this started to happen in 2008. 2009 could be the year for some spectactular growth.

For more information contact me on 0845 226 9106

Richard Smith

Independent Financial Adviser.

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Home-based businesses can take advantage of energy saving grants

As you know saving money is the same as making money, so here is an article you should find of interest.

If you are self-employed, running a business from home or trying to cut down on the travel and spend a day working each week from home you will be only too aware how this can affect your household bills. Just having the heating on for an extra 5-6 hours a day during these cold winter snaps can really push up your gas and electricity costs.

Funds
If you are looking to reduce your home running costs then you will be interested to know that there are funds available via gas and electricity providers and the local authorities to help you improve the energy efficiency of your home. For example you could be eligible to get:

- up to £1500 to install a gas central heating system
- up to £400 (depending on the type of property) to install cavity wall insulation.
- up to £250 to install loft insulation
- up to £125 off your council tax bill for installing insulation

- this is a selection of the grants which are delivered regionally, some even locally, so are not advertised nationally. A good place to hunt them down is the Energy Saving Trust post code grant search (see right hand side). It takes 10 seconds!

Home Energy Check
If you prefer a personal touch, as a home-based business you can take advantage of the all the benefits for homeowners that are now available through the Energy Saving Trusts Regional Advice Centres. Contact them on freefone 0800 512 012 for a simple Home Energy Check. It’s easy to complete, the questions are all based around your general knowledge of your own home and they even give you a simple test to check to see if you have cavity walls.

You will get a report within a couple of days identifying where you can save money, the types of costs associated with energy saving measures and some interesting ideas about renewable energy options. If you want to get work done they can advise on funding available via local authority schemes and recommend approved contractors from which you can get quotes:

What measures can you take to improve your home?

* Cavity wall insulation
Insulating wall cavities can lead to savings of £130-£160 on your fuel bill each year.
* Loft insulation and draught proofing
Up to 25% of your heating costs could be escaping through your roof. It´s quick and easy to install loft insulation and draught proofing in your home.
* Heating
You can reduce your heating bills by putting in heating controls such as room thermostats and thermostatic radiator valves (TVRs) and high efficiency condensing boilers.
* Energy Saving Light Bulbs
An energy saving light bulb can save you up to £100 during its lifetime and will last up to 12 times longer than a conventional bulb.
* Renewables
There are a variety of technologies available which produce energy from natural sources, such as the sun, or continually replaceable sources, such as crops.
* Radiator Panels
Estimates suggest that as much as 70% of the heat produced by radiators is lost into the walls. Radiator insulation panels significantly reduce the heat loss and can save up to 20% of the household heating bill.

Practical tips
Here are some thrifty tips from our remote-working Business Adviser team to keep your central heating costs down when working from home:

* Do you need to keep heating on full for the whole day? If you do then your home or chosen work area is probably under-insulated. After the morning heat boost, there should be enough residual heat in your home to keep you going until midday, 11.00 am on a very cold day. Adjust your heating programme to give you a heating for an hour or so during the middle of the day, and to come on again after 4pm when dusk falls.
* To make the most of the residual heat, try to locate your home office/working area on an upper floor – ground floors chill quickly. If you locate in a south facing room you will also benefit from solar gain on sunnier days. Is your kitchen warm? A work area located near or above a cooker, range or washer/dryer area will benefit from rising warmth.
* Schedule a bit of home-based exercise into your day: no need to feel guilty about 20 minutes brisk hoovering!

Richard Smith

Independent Financial Adviser

Copthorne 0800 781 2031

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Intestacy (what happens when you die without leaving a Will)

Intestacy is changing – but that does not mean you  are safe.
As an outline a well written Will is a basic part of any  Financial Plan.

The current intestacy rules for England & Wales (these end in February 2009)

The intestacy rules set out a statutory scheme for the distribution of a deceased’s estate when there is no will, or when an existing will is invalid. The intestacy rules will also apply to the part of an estate that is not disposed of by a will, if the will does not dispose of the whole estate, or part of the will is invalid.

The rules applying when an intestate deceased leaves a spouse are as follows:
Where the intestate leaves:
Surviving spouse but no children/descendants, parents, brothers or sisters
-    The spouse takes the whole of the estate

Surviving spouse and children
-    The spouse takes
-    the personal chattels (household articles, including cars)
-    statutory legacy of £125,000, and a life interest in half the remainder (this goes in equal shares to the deceased’s children on spouse’s death)
-    Children take the other half absolutely (if under 18 and unmarried this will be held on statutory trust in the meantime).

Surviving spouse but no children
The spouse takes
-    the personal chattels
-    statutory legacy of £200,000, and half the remainder absolutely
-    Deceased’s parents, or if there are none, the deceased’s brothers and sisters take the remaining half absolutely.

WARNING: there is no recognised legal status of ‘common law marriage’ in the law of England and Wales. Therefore such co-habitants are not entitled to receive anything under the statutory legacy provisions. The Civil Partnership Act 2004 has, however, extended the rights of spouses under the intestacy rules to registered civil partners across the whole of the UK. The Civil Partnership Act applies to same sex couples.

Also, for information, where property is owned on a joint tenancy basis, then the deceased’s share will automatically pass by survivorship to the remaining joint owner(s), and will not form part of the estate for intestacy purposes. In the case of tenancy in common however, each owner has a separate defined interest and therefore when one dies his or her share forms part of the estate and passes under the will or intestacy.
Certain individuals, who feel that they have not been sufficiently provided for either in a will or under intestacy rules, may apply to the courts for ‘reasonable financial provision’ under the Inheritance (Provision for Family and Dependants) Act 1975. Those eligible to apply include the surviving spouse, surviving co-habitant and children of the deceased. The court will then take into account a range of factors including the financial resources and needs of the applicant, the size of the estate, age of applicant and so on.

So what changed.
Position in England & Wales from 1 February 2009
From 1 February 2009, the lower statutory legacy limit will be increased to £250,000 where children are involved (from £125,000) and the upper limit be increased to £450,000 where there are blood relatives but no surviving children (from £200,000).
The impetus to the changes dates back to 2005 when the Department for Constitutional Affairs (DCA) issued a consultation paper to consider increasing the amount a surviving spouse received under intestacy rules where their deceased spouse had not made a valid will. The consultation applied only to the law of England and Wales.

In England and Wales, the surviving spouse’s inheritance is commonly known as the statutory legacy with the current limits set back in 1993. Increasingly there were complaints that the legacy was not always sufficiently large to ensure that the surviving spouse was able to remain in the marital home. The DCA estimated that each year there may have been up to 9,000 estates where the surviving spouse did not receive the whole estate, and of these about 4,000 where the surviving spouse was at risk of losing the home. The DCA were, however, conscious of the fact that if the statutory legacy is too high, then the children of the deceased might receive nothing.
Conclusion
It should be remembered that intestacy is usually a voluntary ‘choice’ and can be avoided by the relatively simple expedient of making a valid will. In addition, assets such as life policies and investment bonds can be written under a suitable trust, so that the proceeds may be paid free of any probate delay to the trust beneficiaries.
Remember you read it here first folks.

Richard Smith
0800 781 2031

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12th January | A big day for Divorcing Couples

So here we are then, another 12th January

Whats so important, well this is the day most couples decide to formally split or start divorce proceedings. More are started on this day than any other.

So if you feel you need impartial and independent advice before you split,  you had better call let us outline some of the options for you.

In 2008 and 2007  I saved my Divorcing Clients thousands in Legal Fee’s.

Richard Smith

Independent Financial Adviser

0800 781 2031

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Banks – More doom and gloom

Despite the massive amount of our money swallowed up by the Banking Sector we are still without any form of liquidity toward small and medium sized firms.

So with the Chief Executives of these organisations being called into the Treasury in February to explain their actions it could be interesting, they wanted our money in order to provide liquidity and we have been repaid by them not dealing with their obligations in the manner which they ought.

Should certainly be an interesting meeting.

Richard Smith

Independent Financial Adviser

0800 781 2031

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