Statutory Wills – what are they for?

Statutory Wills offer robust protection for vulnerable people, protecting them from potential contentious claims after they die. When someone who has not made a Will loses mental capacity, it is possible to apply to the Court to make a Statutory Will. Establishing what will happen to their home and valuables, including money, when they haven’t…

The Help to Buy scheme – is it for everyone?

Launched in April 2013, the government’s Help to Buy Scheme was introduced to help first-time buyers get a foot on to the property ladder. Heralded by many as an enormous success story, the value of properties sold in the first 4 years reached £39.28 billion. And, according to official government statistics, most of the home…

Making a will. What are you waiting for?

2 in every 3 UK citizens haven’t made a will, according to a recent survey by Macmillan Cancer Support. And, worryingly, over 1.5m people may have unknowingly made their wills void by getting married. At least 20% of those surveyed, admitted they planned to update their wills to include children and grandchildren, but hadn’t got…

Buying a house with your partner?

Buying a property with your partner is exciting but it’s a big commitment. It’s not usually a step you take if you don’t know each other well. After all, getting onto the property ladder isn’t always easy or cheap. So, once you’ve agreed on the area, type of house and your budget, it’s best to…

Free wills. Read the small print – it can cost thousands if you don’t!

Free wills. Too good to be true? Offering to prepare wills for free, or for a small fee. It’s common practice. The deals sound harmless enough. Until you look at the small print. Take High Street banks as a case in point. According to latest news reports, it’s estimated over 1.5m wills have been written…

My father left a will – do I need to apply for probate?

It’s a misnomer that Probate is not needed when someone has left a will. If the Estate is valued above the Probate threshold and the assets were held in the deceased person’s sole name, then Probate will be needed. Where do I start? 1. By finding the will. There is no legal obligation to register…

‘Blended’ Families – Who Takes Priority When It Comes to Inheritance?

According to The Office for National Statistics, in 2017 there were 27.2 million households in the UK. By far the most common type of household is one family (with and without children). However, multi-family households are, perhaps unsurprisingly, the fastest growing. Over a third of all couples bringing up children today, have a step-child living…

We’ve just bought a new house but should we change the locks?

Moving house is a stressful time. Understandably, changing the locks is likely to be low of the lists of your priorities. However, according to the Office of National Statistics, those who move house are twice as likely to be burgled in the first year of living there. It’s highly likely that you will have no…

Internet Security: Are You Protecting Yourself and Your Identity Online?

There’s no denying the world is changing. And, the internet has (until very recently) created business and social networks that widely interconnect. Undeniably, the volume of personal and corporate data stored and requested online, has made it fertile ground for high level cyber-attacks, state-sponsored espionage or technically adept criminals. In terms of stats, according to…

Can you claim a Power of Attorney Refund?

It may be that you are one of the estimated 2 million people who are entitled to claim a refund for registration fee overpayment. The scheme, launched by the Ministry of Justice (MoJ) in February 2018, applies to both lasting powers or attorney (LPA) and enduring powers of attorney (EPA) that were made in England…

Rules for Renting: What Landlords Must Do

Renting out property is not uncommon. However, it’s surprising how many landlords aren’t aware of their legal obligations, leaving themselves exposed to unnecessary risk. Landlord Obligations  If you rent out a property, in the eyes of the law, you are classed as a landlord. Landlords are legally obliged to look after their tenants and the…

Are You Facing an Inheritance Tax Bill You Didn’t Plan For?

No one wants to pay inheritance tax (IHT) unnecessarily. However, navigating your way through the complicated rules on your own is not likely to help. According to recent reports in the press, hundreds of families may be left with an unexpected inheritance tax bill to pay as a result of misinterpreting these rules. Especially the…

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…

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…

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…

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…

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…

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…

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…

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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