Mirror or Mutual Wills – What’s the Difference?

When couples think about making their Wills, invariably, they do them together. In most cases, they want the same thing. They’re keen to sort out their affairs so they’re cared for when one of them passes away, and they broadly agree about what to do about their children and who should be left an inheritance. Frequently,…

Why You Must Make a Lasting Power of Attorney

Lawyers are always talking about the benefits of making a Will. But, of course, in drawing up your Will, you’re making provision for those you care about after you die. But too few appreciate why they must also make a Lasting Powers of Attorney (LPA). Let’s face it, few of us like to think about…

What to Do When Someone Dies

We know that the death of a loved one is very traumatic for families. As well as dealing with the loss, it’s tough to think about practicalities and even harder to know who is responsible for what. So here are a few pointers to help you through the process. Registering the Death By law, a…

Modern Families in The Current Legal Landscape

The world is unrecognisable since the Wills Act of 1837 became law. And the continued rise in inheritance disputes demonstrates how the current legal landscape isn’t in sync with the needs of modern family life today. Rates of opposite-sex marriage continue to fall in England and Wales, with recent official (ONS) statistics recording only 213,122…

Leasehold and Freehold – What’s the Difference?

Buying a house – leasehold and freehold? There’s a lot to keep track of when buying a house, and this includes understanding whether you own or rent the land the property you are buying sits on. In England and Wales, this will either be a freehold or a leasehold. Things got a little more complicated…

Legal Rights For Unmarried Couples

Despite the trend for cohabiting, the law hasn’t caught up for unmarried couples. Many in a long-term relationship still think that under “common law”, they’re automatically entitled to a share of any property they have lived in if one partner dies or they separate. Sadly, this isn’t the case. Cohabiting couples in England and Wales…

Appointed Executor Removed by The Court

Acting as an executor is not a job to be taken lightly. An executor or personal representative must always act in the best interests of the estate and the beneficiaries. Their role is to wind up the deceased’s estate and distribute the assets according to their wishes. However, their suitability and performance (or lack of)…

Widow’s Reasonable Financial Provision Claim Rejected

It’s not uncommon for marriages to break down after many years together. Sometimes, couples separate but remain formally married.  However, in the context of ‘reasonable financial provision’ and a Will, what happens if a couple is in the throes of divorce when one dies? Ramus v Holt & Ors (Re Estate of Christopher Stewart Ramus)…

Councils Must Take Care On Care Finance Decisions

Based on lessons learned from many complaints the Local Government and Social Care Ombudsman (the Ombudsman) has received, English councils have been warned to take extra care when making care finance decisions. The new guidance acknowledges councils have made mistakes and stipulates that they must “fully explore the reasons for disposing of an asset” before…

Why You Should Make a Will

Whether for tax purposes or for a real desire to help a cause that matters to you, in 2021, over 60% of the UK’s population supported leaving money to charity in their Will, once their family has been provided for. Yet less than half of us who own a property, have actually made a Will…

Managing Someone’s Affairs Without Powers of Attorney

If someone close to you loses mental capacity and they don’t have a Lasting Power of Attorney (LPA) in place, it can leave you and your family in a tricky situation. It’s too late to be appointed as their Attorney because the person making the LPA (called the Donor) can only create an LPA when…

Questions To Ask Before Choosing Your Attorney

A Will and Lasting Powers of Attorney (LPAs) are essential parts of any Estate plan as they provide many protections for the future. However, when you decide to make LPAs, it’s easy to underestimate the responsibility an Attorney takes on. As a result, some Attorneys find they can’t cope with the demands of the role,…

Inheritance Arguments in Blended Families

Blended families are common features of modern life. Moreover, 2022 government statistics show that multi-family households are the fastest-growing category. And legal, financial and practical problems often cause tension. So, it’s essential to consider how couples can provide for each other and their children without causing unnecessary hardship and corrosive family arguments.  Common Triggers In…

EU Property and Forced Heirship Rules

In the post-Brexit world, the EU Succession Regulations are still relevant to those who own property in the UK and an EU member state bound by the Regulation. This is because many European countries operate (in varying forms) reserved or forced heirship rules. It’s conservatively estimated that over 1.5m Brits still own property in France…

Equity Release Expected to Break New Record

It seems that the rise in the cost of living is convincing more homeowners than ever to consider equity release to get hold of a cash lump sum. More than 150,000 homeowners have used equity release in the last two years, according to figures from the Equity Release Council (ERC). And figures for the first…

Court Decides On 60-Year-Old’s Capacity in 2009

Decision on Past Capacity: Public Guardian v RI and others [2022] EWCOP 22 This case focuses on whether a 60-year-old male, known as RD, had the capacity in 2009 to execute Lasting Powers of Attorney (LPAs). Ultimately, the Court of Protection ordered the Office of the Public Guardian to cancel the registration of a lasting…

Lasting Power of Attorney Revamp

We all take things for granted – until we no longer have them. It’s human nature. So, when the prospect of losing the ability to make decisions or express an opinion crops up, considering the benefits of drawing up Lasting Powers of Attorney (LPAs) should be top of your agenda. LPAs (and Enduring Powers of…

Challenging a Will, Forfeiture and Inheritance

When making a Will in England, basically, you’re free to do as you wish. That said, you must consider who has a ‘claim on your bounty’. Whether your Will makes reasonable provision under the Inheritance (Provision for Family and Dependants) Act 1975 and whether there is a binding obligation on you. Whatever you put in…

Deathbed Gifts and Your Estate

The Coronavirus pandemic has driven many to think more about organising their Estate after they die. If you make a Will, you can stipulate who your beneficiaries are. However, surveys show that fewer than 50% of the UK’s adult population have made a Will. Furthermore, experience over the past months shows that circumstances can change…

Can You Remove or Replace an Executor?

If you think an Executor is doing a poor job of managing the estate of a loved one, it may be possible to remove or replace them. But it’s far from straightforward. Executor’s Responsibility An Executor is appointed in a Will to manage the deceased person’s estate. It’s their responsibility to distribute the person’s money…

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