Managing Conflicts of Interest & Trustee Self-Dealing

When a Trustee is appointed, they’re usually aware that they must take their responsibilities very seriously. They have a legal duty to act only in the best interests of the Trust’s beneficiaries. Trustees must not seek to benefit from their position as a Trustee or knowledge of the Trust’s assets or put themselves into a…

Buying a Home Using the new Help to Buy Scheme

Taking that first step on the property ladder hasn’t always been easy, but the current climate means it’s challenging. Undoubtedly, the government’s Help to Buy Equity Loan scheme has helped, and the latest Help to Buy 2021-2023 version is likely to offer first-time buyers much-needed hope. Help to Buy Scheme – Eligibility Under the new…

Being the Bank of Mum and Dad

In the past year, almost 25% of home purchases were funded by the “Bank of Mum and Dad”. And according to a recent Legal & General study, last year more than 50% of homes bought by the under 35s involved gifts from parents, grandparents, other close family or friends. Even though government Help to Buy…

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…

Home Ownership in Today’s World

By most people’s standards today, buying a home is the largest purchase they’ll ever make. But it’s often a complex, lengthy process, with everyone breathing a sigh of relief when they finally enter the realm of homeownership. So, it’s not surprising to find that many don’t get their head around how they actually own their…

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 the 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…

What Happens to Deputyship When Someone Dies?

Court of Protection Deputyships At its simplest, the role of a Deputy appointed by the Court of Protection will not stop until the Court discharges the Deputy, the person who is the subject of the Deputyship order dies, or a Deputy dies. If the person you are Deputy for dies, any Court of Protection application…

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…

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…

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, 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. Recently, things have got a little more…

We’re buying a house – what’s involved in the conveyancing process?

Buying your first home is considered one of the most stressful things you can do. Costs can soon mount up. The jargon, obscure terminology and legalities can put your head into a spin. You’ll hear the term ‘conveyancing’ a lot before you pick up your keys. And the process can seem like an overwhelming prospect.…

Putting Your Will at The Top of Your To-Do List Matters

Over two-thirds of the UK’s adult population haven’t made a Will. What’s more, over 1.5m people have voided their Wills without realising, by getting married. Worryingly, recent data from a Royal London survey also shows that 5.4m of us wouldn’t know where to start and almost two-thirds of parents don’t have a Will or have…

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…

Accuracy Matters When Leaving Legacies to Charities

Leaving Legacies – Knipe v British Racing Drivers’ Motor Sport Charity & others When it comes to leaving legacies to charities, it’s not uncommon to find drafting errors in a Will. It might be that the charity no longer exists when the person dies, or the recipient isn’t correctly named. The recent case of Knipe…

Rearranging Your Inheritance & Deeds of Variation

A deed of variation is not a euphemism for rewriting someone’s Will after they’ve died. It’s a document that legally allows the beneficiaries some flexibility to rearrange their inheritance or change the distribution of the estate. This device, sometimes known as a deed of family arrangement, can be useful if a Will doesn’t take account…

Living Together & Owning a Property

Joint Tenants -vs- Tenants In Common – Which Arrangement is Best? Out of 19.1 million families in the UK in 2018, 3.3 million were living together. That’s an increase of over 25% in the last decade. Yet, from a legal standpoint, it can be confusing what your rights are when you co-habit and buy a…

Is a Copy of a Will Legally Valid?

When someone dies, their Last Will must be found. It’s crucial to find the original, not a copy, as this will be required to administer the person’s Estate and obtain the Grant of Probate. Furthermore, many financial institutions and those dealing with the estate assets require a copy of probate documentation before releasing funds to…

Probate Registry Delays

Probate Registry delays is a subject we’ve discussed many times in the last couple of years. In 2017, the proposed hike in probate fees caused a flurry of applications and subsequent delays. The centralisation and digitalisation of the Probate Registry itself further compounded the problem. However, it still seems that the process that should take…

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…

Siblings Fight Over Fabricated Copy Will

Photocopied Will – Face v Cunningham & Anor [2020] EWHC 3119 A recent contentious probate claim brought by Rebeca Face against the Estate of her late father, Donald Face, was dismissed by High Court Judge David Hodge QC as ‘totally without merit’, based on a ‘fabricated document’. Rebeca’s siblings argued that the photocopied Will submitted…

Partnerships & Accreditations