News & Blogs - Curtis Parkinson - Solicitors Nottingham

What is the difference between a Deputy and an Attorney?

A Lasting Power of Attorney and Court of Protection Deputy are individuals who have been legally appointed to deal with the affairs of a person who lacks mental capacity. An Attorney and a Court Deputy can both make decisions about financial or health matters on a person’s behalf. However, whilst their responsibilities are similar, the…

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Electronic Wills – Fantasy Or Reality?

Protecting our privacy in the digital age has never been more important. However, electronic wills may soon become a reality. An estimated 40% of adults in the UK still don’t have wills. Nevertheless, most of us recognise that it’s something we should really do. One of the main reasons for not making a will is…

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Changes To Stamp Duty – What Do They Mean?

From 22nd November 2017, anyone buying their first home priced up to £300,000 will not pay stamp duty. Stamp duty relief (also known as SDLT) will also be available on the first £300,000 of the purchase price of properties up to £500,000. This is largely aimed at reducing costs for first-time buyers in highly-priced areas, such as…

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Beware – The DWP Can Recover Benefit Overpayments From An Estate

When someone dies it’s the executor’s responsibility to distribute the estate in accordance with the terms of the deceased’s will. During the process, the Department for Work and Pensions (DWP) may write to the executor requesting details of the deceased’s assets and liabilities.  DWP requests As a matter of course, it may take time for pension payments…

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What Are Deathbed Gifts And When Are They Legal?

A deathbed gift can override the usual formalities for making a will. This gift, by a dying person, is formally known as Donatio Mortis Causa. This year, in a fascinating case, an 84 year old man, Stephen Keeling, was prevented from inheriting a house that he claimed was a deathbed gift from his elderly sister Ellen…

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Beware – DWP Can Recover Benefit Overpayments From A Person’s Estate

The average annual cost of nursing care is over £40,000. So schemes that aim to avoid you having to sell your home to fund care fees, are big business. But be careful, if you take this route, you could be accused of deliberate deprivation. Funding Care If you or your loved one reaches the point…

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Are You Eligible For A Nursing Care Refund?

Thousands of people across the UK need to receive long term care due to disability, accident or illness. The NHS funds the full cost of this care to those who are eligible. However, many are unaware that they may have paid for care unnecessarily and may be eligible for nursing care refunds. NHS Continuing Healthcare Funding…

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Are Your Affairs In Safe Hands If You Lose Mental Capacity?

We all have the right to make decisions about our own personal affairs, but sometimes due to either illnesses or accidents, we lose the ability to so. Unfortunately, if you lose mental capacity, you can’t assume that relatives can simply access your financial affairs or make decisions about your healthcare. Your loved ones may have…

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Disputes Over Burial And Cremation Following The Death Of A Loved One

Unfortunately, it is not uncommon for disputes to arise as to who has the right to make decisions as to funeral arrangements and burial or cremation of loved ones when they pass away. This can create a great difficulty for third parties funeral directors, hospitals, local authorities and coroners when parties can’t agree and try…

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How Can You Protect Your Personal Injury Compensation?

Compensation in personal injury claims is intended to provide financial support to those who have had any area of their life affected by an accident that wasn’t their fault. Therefore, it is only right that successful claimants will want to protect any compensation payment in order to help with the financial burden that an accident…

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How To Make a Personal Injury Claim

Millions of people suffer from accidents every year, many of which are either not their fault, or are the result of someone else’s negligence. The injuries can range from cuts and bruises or broken bones, through to life affecting injuries and permanent disabilities that can have a serious impact on a person’s life. Compensation in…

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Daughter Written Out Of Father’s Will Makes Successful Family Provision Claim

As you may have read in one of our previous blogs, the Inheritance (Provision for Family and Dependants) Act 1975 means that certain individuals (usually family members or dependent persons) can challenge a Will if they feel they have not been left reasonable financial provision. A recent case provides an interesting insight into how the…

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Family Provision – Inheritance Act Claims on Estates

In England & Wales we have the concept of complete freedom of testamentary disposition – we can do what we like in our Wills. If you don’t make a Will then the law of intestacy will dictate where your estate goes. Certain individuals can challenge this if they have not received reasonable financial provision and…

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Challenging Wills – How To Mitigate The Challenge

Following on from our previous article on the successful challenge, we now set out how the mother could have done things differently to ensure her wishes were respected. There is nothing that you can do to prevent a challenge to your Will or gifts made in life, but you can make it harder with correct…

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New Pre-action Protocol For Debt Claims

The Pre-action Protocol for debt claims comes into force on Sunday 1 October 2017 and will potentially have a severe impact on a business if it has outstanding debts due from individuals and sole traders because of the delays that are built into this protocol. The Protocol applies to any creditor business (in limited form,…

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3 Different Ways Of Marketing & Selling Your Property

When it comes to selling a house there are quite a few things to consider. Near the top of the list is how best to market probably your most valuable asset. Traditionally, the first instinct would more than likely be to get in touch with an estate agent or auctioneer depending on the type of…

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Challenging Wills – Reasonable Provision / Maintenance

Challenging Wills Challenging wills and contentious probate is a growing area. Recently an estranged daughter successfully contested her late mother’s Will for lack of maintenance provision against three charities. I will now provide my opinion on the case and how the mother could have ensured her testamentary wishes were respected.  This article will be in…

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Joint Accounts – What if the joint holder becomes mentally incapable?

You would assume that if one account holder loses capacity that the other can carry on using the account – yes? No – in England and Wales, banks and building societies have a discretion to freeze or restrict the operation of the account to essential transactions (i.e. bills, care fees and living expenses). If the…

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5 Key Benefits of Appointing A Professional Will Executor

The process of choosing the people who are responsible for dealing with your estate upon your death is an extremely important part in the process of making a Will. The person or persons you select is known as an executor. This role carries with it a high amount of responsibility and liability, with the person…

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Inheritance Tax & the Residence Nil Rate Band – A Simple Guide!

At present every individual in the UK has a limit of £325k before any inheritance tax is payable and married couples or civil partners can effectively double this up to £650k. These are known as a person’s “Nil Rate Band” (NRB). Since 6 April 2017, a new Residence Nil Rate Band (RNRB) has come into…

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