Latest news with #legaladvice
Forbes
4 days ago
- Business
- Forbes
Can AI Give Tax Advice? Legal Limits And Regulatory Risks Explained
AI chatbot usage and concepts People turn to AI for just about everything these days—from workout routines to business strategy. So it's no surprise they ask about taxes too. Some questions are straightforward, like 'How does VAT apply to low-value imports?' or 'What is ViDA?' Others are more complex, involving detailed financial scenarios and asking how to handle them from a tax perspective. When you ask a large language model (LLM) for tax advice, it usually gives an answer. It may include a disclaimer encouraging you to consult a real expert, but it rarely refuses the request. That's where things start to get complicated. In many countries, applying tax law to someone's specific situation is legally considered tax advice and that's often a regulated activity. The rules vary depending on where you are. In the Netherlands, anyone can offer tax advice. In Germany, only licensed tax advisors can. Legal advice is also restricted to licensed lawyers. So what happens when the advice comes from a machine and not from a person? What the Courts Say About Software A German court ruling has already addressed this issue, offering a useful starting point for understanding where automation ends and regulated advice begins. While the case didn't involve LLMs, it still provides valuable insights. Germany's Federal Court of Justice (Bundesgerichtshof) reviewed a contract-generating platform that allowed users to create legal documents by answering a guided questionnaire. The service was advertised as producing 'legal documents with lawyer-level quality'—faster and cheaper than a real lawyer. The question was whether this kind of software crossed into regulated territory by offering legal advice without a license. The court ruled that it didn't. It held that the platform was lawful because it didn't analyze legal issues on a case-by-case basis. Instead, it used fixed logic, relied on factual input from users, and followed a set decision tree. There was no legal interpretation, no discretion, and no human oversight. The court compared it to a sophisticated form book—prewritten templates, not personalized legal counsel. The court also emphasized the user's role. It found that users were not misled into expecting full legal services. They understood that the output was a standardized document generated without professional legal review. Users knew they were responsible for the accuracy of the information they provided. Because of this, the court concluded that the service didn't qualify as unauthorized legal practice. However, the court did draw a firm line on how the tool was marketed. While the platform itself was allowed, promotional language that claimed to deliver 'lawyer-quality' results or positioned the service as equivalent to legal representation was ruled misleading. The takeaway: the automation may be legal, but how it's presented to users must be honest. So What About AI? The German court drew a clear distinction—automated tools are permitted as long as they offer general guidance, not case-specific legal advice. If a tool behaves like a structured manual with templates and logic paths, it's usually safe. But if it interprets tax rules based on someone's personal data, it may cross into regulated territory. Most tax software keeps it simple. It follows a fixed path and provides logic-based results. But LLMs can go further. They respond to user input in a conversational, personalized way. If the output applies tax law to individual facts, even unintentionally, it could qualify as tax advice under strict regulatory standards. Still, a strong case can be made that LLMs aren't giving tax advice—at least not in the legal sense. For one, LLMs are not legal entities. They can't be licensed, held accountable, or sanctioned. They don't act with legal intent. Like calculators or tax calculation engines, they're tools—not advisors. Second, the user is in control. They ask the questions, guide the interaction, and decide how to use the output. LLMs don't request documentation, question the facts, or assess risks like a licensed advisor would. Third, the answers are probabilistic. LLMs don't reason through the law; they predict what might be a helpful reply based on past patterns in training data. They don't understand legal rules, evaluate ethics, or grasp the nuance of financial and personal context. From the user's point of view, expectations are low. Most people know LLMs hallucinate. They understand that these systems occasionally produce false or misleading information. As a result, many use them as low-cost assistants but not as replacements for professional help. And most LLMs aren't marketed as legal advisors, which helps keep them out of regulatory trouble. It's a different story for tools that claim to offer legal certainty or 'lawyer-quality' advice—that kind of positioning can trigger legal obligations. The Bottom Line LLMs generate text based on patterns in the data they were trained on. They don't apply laws but predict what sounds like a useful response. That's not tax advice. That's automated text. And it's up to humans to treat it that way. As both knowledge and reasoning become automated, tax advisors must redefine their role — not as knowledge holders, but as interpreters, strategists, and ethical decision-makers. Their value no longer lies in simply knowing the rules, but in interpreting them, applying judgment, and asking the hard questions that AI can't. The goal isn't to compete with AI but to work with it. The opinions expressed in this article are those of the author and do not necessarily reflect the views of any organizations with which the author is affiliated.
Times
23-07-2025
- Business
- Times
A neighbour is blocking our property sale — what can we do?
We are leaseholders of a downstairs maisonette in a building where we also have a share of the freehold. We are selling the property but the joint freeholder, who owns the flat upstairs, is refusing to co-operate. She is making unreasonable and ever-changing demands, such as demanding payment, access to our garden, cancellation of a previous debt and alterations to the lease. She has refused to sign the TR1 [ownership transfer form] to transfer the freehold share to our buyer, effectively blocking the sale. In the past, she has been abusive towards us and our tenants, resulting in police involvement and an Asbo. She is now refusing to communicate or engage in mediation, leaving us unable to proceed. We are seeking advice on how to resolve this deadlock. What legal options do we have to enable the sale of our property?DP • Read more expert advice on property, interiors and home improvement This is an extremely challenging situation and you have my sympathy. There are no easy or perfect answers but I have set out some possible options for you below: The real challenge for you is that you need simultaneously to resolve two problems: the refusal to sign the TR1 and the difficulty of physically selling the home. Dealing with the (easier) TR1 issue first, it is possible to make a relatively straightforward application to court under the Trusts of Land and Appointment of Trustees Act 1996. Section 14 enables the court to make an order for sale of the freehold without the co-freeholder's signature on the TR1. Turning to the issue of actually making the sale, you could issue a claim against your neighbour, seeking an injunction restraining her from causing a nuisance. However, not only would that be expensive and somewhat risky, there is no guarantee it would convince prospective buyers that nuisance issues would not reoccur. And a buyer might be concerned about potential issues when they themselves come to sell the property. One alternative is to sell the property in an auction. Via that method, you could find a buyer who is willing to overlook potential issues, for example an investor who doesn't intend to occupy the property. You may have to sell for less than you would like but at least you would have resolved the problem. One other option — subject to your budget, obviously — would be to offer to buy the neighbour's flat. You would then control the whole property. I realise that your neighbour has proven difficult to negotiate with, but at this point nothing should be off the table. I do hope you manage to find a Cracknell, partner, Russell-Cooke, I've had dark grey limestone paving laid on my new terrace. I left a tree in the middle of the terrace for the birds to enjoy. However, the birds are seriously disrespecting my new paving — even a low-pressure hose used daily doesn't remove their mess completely. I've tried hanging reflective deterrent rods in the tree, and also photos of birds of prey, but these haven't worked. Short of removing the tree, do readers have any tips for cleaning the bird mess effectively without damaging the paving?SB Get a decoy bird (such as a hawk) and mount it on a stake close to the tree in question. Ideally, move the decoy around regularly to stop the birds getting familiar with it, and keep it as high up as possible. Most garden centres sell Evans Sprinkle cheap supermarket biological washing powder on the wet paving. Leave for an hour or so. Brush. Sluice. Works a treat. And no harm to the stone. J Walters Use a diluted solution of Wet & Forget mould remover (£12.50, Simply spray on the paving when dry (and no rain is forecast for a few hours). The solution should keep the paving clean and new-looking for some Hollowday I fold strips of silver foil (into three to make them rigid) and attach them to the branches of my fruit trees. The birds get spooked by the strips flapping in the wind. Much less hassle and far kinder than directing a hose at How can I remove oily head-hair marks from the surface of an aniline leather sofa?Brian Hayward I've bought a new kitchen and have chosen Ikea carcasses and bespoke fronts from a specialist company. The carcasses have been installed but I'll have to wait about three months before the fronts arrive. Do any readers have tips for living with a kitchen without door fronts for this amount of time? Or any affordable temporary solutions?Veronica, Leyton Send tips and questions to homehelp@ Advice given without responsibility
The Sun
22-07-2025
- Automotive
- The Sun
Three words to beat a private parking ticket are revealed by retired judge – as fines hit record 14million
A RETIRED judge has shared top tips on what to do if presented with a private parking ticket. Thousands of motorists across Britain know the feeling of thinking they've been unfairly handed a parking fine. 2 The unwelcome sight of a yellow sticker on your windscreen is always enough to ruin any motorist's day. But Stephen Gold, a retired judge, has revealed the three words that can help you beat a private parking ticket. Speaking to the MailOnline, he said: "Getting a ticket after parking in a private car park does not mean you have committed any offence. "It won't lead to a criminal conviction, whether or not you pay it. "You can challenge a ticket that has been wrongly issued, and the challenge could take you to the county court, where the park operator would have to sue you for non-payment to have any hope of getting you to pay up." THE THREE WORDS The judge told the paper that a key defence against tickets is: "I knew nothing". This is a defence that counts on the you being able to prove that parking conditions were not properly indicated. The operator would have to prove the conditions of parking were displayed on one or more notices that a reasonable motorist would have seen. So if you only discovered the terms of parking upon returning - perhaps due to signs being inconspicuous or absent - the defence would hold. It is always best to take photographs of the signs and their location within the car park if you want to use this defence. The operator will likely try to rely on pictures of the signs within the car park - but these might not show exactly where they are. APPEALS PROCESS It comes as more and more car parks use number plate capturing cameras to send out tickets. Sometimes this will result in a ticket being placed on your windscreen, but often these days a letter will be sent in the post. If you wish to appeal a ticket, your first action should be to go to the car park operator. An independent appeal would be the next step, and a final point would be going to a county court. 2
Telegraph
17-07-2025
- Telegraph
Courts and crime
This section is not a legal textbook. If you have doubts on legal points, refer to the in-house lawyer, the news desk or your line manager. Contempt of court becomes an active issue from the moment an individual is arrested or a warrant is issued for their arrest. From that moment in time, the law of contempt prevents the publication of any information that creates a substantial risk of serious prejudice to the proceedings. The Telegraph shares the presumption of innocence of a defendant: so Mr, Mrs or Miss Smith, unless he or she is already a convicted criminal, still serving a sentence or has pleaded guilty. Stories about ongoing cases should end in the line 'The case/trial/hearing continues'. Full legal advice is available on The Telegraph intranet Courts and judiciary The Crown Court of which the Old Bailey is a part, sits in towns and cities throughout England and Wales. All kinds of Crown Court judges may be referred to as 'judges' in headlines and introductions. Refer to Sometown Crown Court. The Old Bailey is officially called the Central Criminal Court, but we don't refer to it by that name There are three ranks of judge who sit in Crown Courts: High Court judges: Mr Justice Smith (never Judge Smith). Off-duty they are referred to by the title they receive on appointment, as Sir John Smith, the High Court judge. Circuit judges: Judge Smith. If there are two Judge Smiths then they will be known by their forenames as well, to avoid confusion: Judge John Smith, Judge James Smith. Recorders: practising lawyers who sit as part-time judges. The recorder, John Smith, said at Sometown Crown Court. Later references to the recorder. Apart from High Court judges, they should be given their titles and designated KC if they qualify. At the Old Bailey, the Recorder of London and the Common Serjeant are full-time judges. Refer to the Recorder of London, Sir John Smith KC or the Recorder of London. Judge John Smith, as appropriate. The Common Serjeant, Judge John Smith. Later references to the Recorder (cap) or the Common Serjeant or the judge. The High Court sits at the Law Courts (preferred to the Royal Courts of Justice) in London and in some provincial cities. Refer to a High Court hearing in Manchester. The High Court contains three divisions: Chancery Division: Day-to-day work is conducted by the Chancellor of the Chancery Division and High Court judges. 'The Chancellor, Sir John Smith, said at a High Court hearing in London.' For other judges: Mr Justice Smith or, later, the judge. King's Bench Division: The Lord Chief Justice, Lord Smith, later Lord Smith or the Lord Chief Justice. For other judges: Mr Justice Smith, later refer to the judge. Family Division: the President of the Family Division of the High Court, Sir John Smith (or Lord Smith). Later references to the President or Sir John (or Lord Smith). Other judges: Mr Justice Smith or, later, the judge. The Court of Appeal's judges include the Master of the Rolls and the Lords Justices of Appeal, who are not law lords. The Supreme Court is the final court of appeal for England, Wales and Northern Ireland, and, in civil cases only, for Scotland. Superior courts other than the Court of Appeal hear some appeals. The Lord Chief Justice, Lords Justices of Appeal and judges of the King's Bench Division sit in the Court of Appeal, Criminal and Civil Divisions. When more than one judge takes part in a case, name them all. Magistrates' courts should be referred to as Anytown magistrates' court (plural possessive even when a case is heard by a single magistrate).' John Smith, the chairman, said... '. 'John Smith, the magistrate, said... ' (for stipendiary magistrates). The sitting magistrates are also known as the Bench. County Courts: Refer to: Judge John Smith QC (at Sometown County Court), later Judge Smith or the judge. Youth courts refer to Anytown youth court and to John Smith, the chairman. It is illegal to publish the name, address, school or any particulars leading to the identification of any youth who is involved in the proceedings, even as a witness or complainant. Youth courts deal with people between the ages of 10 and 17 who may, however, appear, in certain circumstances, before adult courts. Restrictions on identification apply to youths in adult courts only if the judge so orders. Coroner's courts The coroner's task is to ascertain the cause of a death by holding an inquest in open court unless he or she thinks it in the national interest to hold it in private. They may sit alone or may summon a jury, note there are only certain circumstances in which this could happen. Coroners need not be lawyers. They may be doctors. They operate an inquisitorial rather than an adversarial system. The coroner records a verdict; a coroner's jury returns a verdict. The laws of contempt apply. Scottish courts Scotland has its own system of law and its own courts. Procedure differs greatly from that of English and Welsh courts. Traditionally, Scottish judges have been sterner in their view of contempt than their English counterparts, although the 1981 Contempt of Court Act covers the whole of Great Britain. Under the Criminal Justice (Scotland) Act 1980, it is an offence to publish facts leading to the identification of any children under 16 involved in criminal proceedings whether they are accused, witnesses or victims. Criminal courts are district courts. Refer to Scotburgh district court. Lay justices sit with a legal assessor. Sheriff courts Scotland's six sheriffdoms each has a sheriff principal and they are divided into sheriff court districts. Courts are presided over by sheriffs who sometimes sit with a jury and may also hear civil cases. Scotburgh sheriff court. The sheriff, Mr Ian McSmith. High Court of Justiciary Sits in Edinburgh and on circuit. All 21 Scottish judges can hear cases (see Court of Session). Prosecutions may be conducted by the Lord Advocate or the Solicitor General but normally by Crown counsel referred to as advocates depute. Scotland has no court of criminal appeal and appeals in serious cases are heard by three judges or more of the High Court. Appeals against summary convictions are heard by the Justiciary Appeal Court. Refer as appropriate to the Scottish High Court sitting in xxxx, a Scottish appeal court sitting in xxxx. Civil cases may be heard in sheriff courts or the Court of Session. The Court of Session, the superior civil court, is divided into the Outer House and the Inner House. The Outer House has 12 judges called Lords Ordinary who sit alone or with juries. The Inner House has two divisions. In the first division the Lord President presides over four judges (three make a quorum). The Lord Justice Clerk presides in the second division. Court of Session judges also make up the High Court which hears serious criminal cases. In criminal cases, the Lord President is referred to as the Lord Justice General. Refer to The Lord President, Lord McSmith; the Lord Justice General, Lord McSmith; the Lord Justice Clerk, Lord McSmith; or, for other judges, to the judge or Lord McSmith. Terms found in Scottish court stories include: Advocate, equivalent to an English barrister with exclusive right of audience in higher courts. Crown Office, roughly equivalent to the Department of the Director of Public Prosecutions. Defender (not defendant) in civil cases. Depute (not deputy) in legal titles. Interdict is the equivalent of an injunction. Not proven Although this verdict differs from a finding of not guilty, a person cannot generally be tried again except for exceptional circumstances. However, a subsequent civil claim for damages by the victim's family may be brought. Pursuer or petitioner (according to the procedure adopted) is a claimant. Procurator fiscal investigates and prosecutes crime in the sheriff court districts under the supervision of the Crown Office. He can give general directions to the police and decides whether an accused person should be held in custody or released until his trial, or whether the case should continue. The procurator fiscal questions an accused person at a private hearing by a sheriff before whom the accused must appear within 24 hours of arrest (48 hours at weekends). Refer to Ian McSmith, procurator fiscal. Photographs Scotland has adopted a strict approach to the publication of photographs and / footage of the accused individual before the Crown closes their case so as to avoid creating a substantial risk of serious prejudice unless it is certain that identification will not be an issue in the trial. This applies to both solemn and summary trials.
Forbes
14-07-2025
- Business
- Forbes
What To Do When A Loved One Is Diagnosed With A Terminal Illness.
Closeup of young people holding hands trust comfort help cancer patients talk crying stress relief ... More in living room at home. Healthcare concept. When a loved one receives a terminal illness diagnosis, families face emotional upheaval and crucial decisions. It's a challenging time, marked by urgency—not only for medical care but also for financial, legal, and legacy planning. These steps are vital to preserve dignity, reduce conflict, and ensure that your loved one's wishes are honored. Drawing on my experience as a Trusts and Estates attorney, here is a comprehensive guide for navigating the complexities that follow a terminal diagnosis. These essential actions support the patient and prepare their spouse or adult children for the weeks and months ahead. 1. Review and Update Estate Planning Documents Outdated or incomplete documents can create legal bottlenecks. For instance, a twenty year old will and trust should be updated to align with the current family structure and tax goals. 2. Check Beneficiary Designations and Access to Accounts Beneficiary designations on retirement accounts and life insurance policies override what's written in a will. Confirm that: If the patient holds crypto or NFTs, ensure someone knows where the assets are stored and how to retrieve them to prevent loss. 3. Confirm Financial Authority Through a Valid Power of Attorney Without a valid DPOA, families may need to seek court-appointed guardianship—an expensive and time-consuming process. If the DPOA is outdated, banks or brokerages may refuse to honor it. Ensure the appointed individual is ready and informed, especially regarding assets titled solely in the patient's name. 4. Discuss Burial and Funeral Preferences Though uncomfortable, discussing funeral preferences and the disposition of remains is an act of kindness. Considerations include: Documenting these preferences avoids family conflict and uncertainty in the immediate days following death. 5. Create an Asset Inventory and Clarify Ownership Families benefit from a comprehensive inventory of: If the individual owns a company, transferring non-voting shares to children or successors can reduce estate tax exposure and ensure continuity. 6. Keep the Advisory Team in the Loop Inform your CPA, estate attorney, financial advisor, and insurance agent. This team can assist with: Having all professionals aligned is especially critical if the patient has complex assets or resides in a high-tax state like Massachusetts. 7. Provide for the Caregiver Spouses and adult children often assume caregiving roles that can stretch physical, emotional, and financial limits. Consider: Caregiving plans should be as clear and realistic as the medical and legal ones. 8. Educate and Involve the Next Generation Include children and other heirs in the planning conversation. Help them: Transparency today reduces confusion and conflict tomorrow. 9. Capture Legacy Beyond the Legal Documents Consider what can't be passed through a will: These legacy items often become the most treasured family heirlooms, providing meaning and healing long after the paperwork is settled. Final Thoughts: Planning Is a Gift A terminal diagnosis is devastating, but it presents an opportunity for clarity, connection, and legacy. By taking these legal, financial, and personal steps, you give your loved one control over their final chapter, and peace of mind for those who will carry on. Don't wait—engage your advisors, update your documents, and have the conversations that matter. Planning is not about giving up—it's about giving meaning to every moment that remains.
