Your Will, Your Family & Inheritance Disputes

Disappointed beneficiaries take family members to court over their inheritance (or lack of it) more than ever before. Notwithstanding the sharp spike in court cases last year, many inheritance disputes are settled out of court after a lot of (expensive) legal to-ing and fro-ing. Inheritance disputes are destructive and expensive. But, with careful planning and…

Sharing Your Home With Someone

Thinking about asking a friend or family member to move in isn’t a rare thing these days. Sharing your home with someone who contributes to the mortgage and running costs often makes a real difference. But personal circumstances vary, and the motivation behind making the decision is rarely straightforward. So, it’s a good idea to…

The Leasehold Reform Bill – Is It Farewell to Ground Rents?

The government introduced the first part of the long-awaited series of reforms to leasehold property law (in England and Wales) in the Queen’s Speech last month. The draft Bill, known as the Leasehold Reform (Ground Rent) Bill, is designed to end the inconsistency surrounding the charging of ground rents to leaseholders of flats and houses.…

Deathbed Gifts and Your Estate

The Coronavirus pandemic has driven many to think more about organising their Estate after they die. Undoubtedly, you stand the best chance of your wishes being carried out if you make a Will. But surveys show that fewer than 50% of the UK’s adult population have done so. However, circumstances change very quickly (especially during…

The Role of Discretionary Trusts in Your Will

It’s not uncommon to set up a Discretionary Trust in your Will. This mechanism allows you to ringfence some or all of your Estate, often to support a loved one who is vulnerable or unable to manage their own affairs. Or safeguarding cash or assets for loved ones going through a divorce or a period…

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…

What’s involved in Court of Protection proceedings?

It can be stressful to find yourself involved in Court of Protection proceedings, especially when it’s unfamiliar territory for you. The Court of Protection was set up to safeguard vulnerable people who lack the mental capacity to make decisions for themselves. These decisions may relate to the person’s finances or their health and welfare. When…

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…

Dying Without a Will: How Intestacy May Affect You

If someone dies without a Will or if their Will is not valid, they will die ‘intestate’. The rules of intestacy apply to assets, Investments, and personal belongings a person leaves behind – otherwise known as their Estate. What relatives or beneficiaries inherit is affected by the intestacy rules and distributed according to a fixed…

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…

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…

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…

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…

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…

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…

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…

Partnerships & Accreditations