Help to Buy Equity Loan Schemes: Old & New

The government’s Help to Buy Equity Loan scheme has offered a helping hand to many during the COVID-19 crisis. However, they may have stepped in back in July to help those in need by extending the build deadline, but it’s clear that a further extension of this scheme isn’t on the cards. Instead, the government’s…

Making Wills Together

The vast majority of couples who think about making their Wills together, do so at the same time. In most cases, they want to leave their estates to each other on the first death, passing their assets on to their children in a straightforward way. However, one concern high up most people’s agenda is making…

Discretionary Trusts & Rights of Beneficiaries

Trusts can be used for many reasons. They can be structured to suit particular circumstances and beneficiaries. But what rights do beneficiaries have under the terms of a Discretionary Trust? Discretionary Trusts A Discretionary Trust gives greater power to the Trustees. They choose what they give to your beneficiaries and when. This flexibility is why…

What You Should Include When Making Your Will

Understandably, since the start of the Coronavirus outbreak, we’ve seen an increase in clients making their Wills. But it’s not always easy to know what to include in your Will. There are a number of important decisions to make. And you need to make sure the wording of your Will reflects exactly what you want.…

Applying For Probate

It’s a common misnomer to think that preparing a Will removes the need for Probate when you die. When Probate Is Needed By law, in England and Wales, you only need to apply for Probate if something requires it. However, to protect yourself and avoid issues or challenges from beneficiaries when dealing with the Estate,…

Fit to Make a Will

The Importance of Assessing Testamentary Capacity For solicitors and Will writers, one of the most important parts of drawing up a Will is assessing a client’s ‘testamentary capacity’. If the client is elderly or ill or there are any doubts about their capacity, how a practitioner might determine this, is very important. Since the 70’s…

Should We Sign the House Over to The Kids?

It’s a question we’re often asked. Should we sign over our house to the kids? Or put it into a trust? Whatever your circumstances are, your home is probably your biggest asset, so consider the implications very carefully. Signing over your house isn’t risk-free. And there are plenty of misconceptions about the heavily promoted so-called…

Energy Performance Certificates and Selling Your House

By law, if you’re building, renting out a property or selling your house, you’ll need a valid Energy Performance Certificate (EPC). The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, introduced in phases from 2015, make it unlawful to sell, let or build properties with an energy performance rating of F or G.…

Lasting Powers of Attorney & Joint Property

We always advise clients to put a Lasting Power of Attorney (LPA) in place whilst they still have the mental capacity to do so. And, it seems people throughout the UK are convinced of the benefits. Over 800,000 LPAs were registered during 2019, and an average of 20,000 per month in the first couple of…

Care Costs & Protecting Your Assets

We’re all living longer and longterm care costs are significant. So, protecting your assets is something you should look at sooner rather than later. Plan Ahead & Stay in Control Amid other very serious issues, the government is still being lobbied hard to get to grips with funding the cost of care. However, not surprisingly,…

Recent Case Proves Persuasion Is Not Undue Influence

The recent case, Coles v Reynolds & Another [2020] EWHC 2151 (Ch), shows clearly how persuasion isn’t the same as ‘undue influence’ when it comes to challenging a Will. The case involved a dispute between two sisters over their mother’s Will. Made in May 2012, the mother had changed her previous Will. This had divided…

Why DIY Wills Can Cost A Fortune

Pitfalls of Do It Yourself Wills DIY Wills are very tempting. And easy to find. Check online and you’ll be able to download a form and complete a Will in less than an hour. In some cases, for less than £10. But in writing a Will for yourself, you could end up leaving your family…

Stopping a Property Chain from Collapsing

Everything is set and you’re ready to move. But then, someone pulls out and the whole property chain is at risk of collapsing. It seems moving into the house of your dreams is dependent on other transactions running smoothly. Property chains are common, even if you’re a first-time buyer. It’s likely that the person selling…

Rise in Inheritance Disputes and Rights of Cohabitees

According to figures released by the Ministry of Justice, the number of inheritance disputes being heard in Court reached an all-time high last year. A significant factor driving this increase is the growth of less traditional family structures including the prevalence of unmarried couples living together. Undoubtedly, long-term cohabitees, second or third spouses with children…

Emails and Digital Accounts May Affect Your Estate

Today, most people’s lives are consumed by digital technology, social media and the internet. It’s estimated that 59% of the global population, were actively using the internet in July 2020. But have you thought about how your digital footprint, your emails and digital accounts – your ‘digital assets’ – may affect your estate? The simple…

5 Key Benefits of Appointing A Professional Executor

Many choose to appoint a close friend or family member as an Executor, but before you choose you should seriously consider the benefits of appointing a professional. The process of choosing the people who are responsible for dealing with your estate upon your death is an extremely important part of the process of making a…

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…

Impact of Stamp Duty Holiday on House Purchases

Confirmation of the much talked about ‘stamp duty holiday’ was announced on 8 July in Rishi Sunak’s ‘Summer Economic Update’ on all property sales in England and Northern Ireland. Along with temporary VAT cuts for pubs, restaurants and cafes, the measure is aimed at stimulating the UK housing market. And the changes are introduced with…

Adult Child Loses Inheritance Act Claim

In recent years, Inheritance Act claims by those who feel they have been unfairly cut out of a Will have escalated. However, a recent “absolutely hopeless” case brought by an adult child, under the Inheritance (Provision for Family and Dependants) Act 1975, highlights how such litigation is uncertain, stressful and often costly. The Case –…

Impact of Coronavirus on Your House Purchase or Sale

The Government’s announcement last month, freeing-up the restrictions imposed in March on buying or selling a house, has helped to lift spirits and slow down the rate of transactions collapsing. But what impact will the new Coronavirus regulations have on your house sale or purchase? Essentially, as long as social distancing guidelines are followed, and…

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