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…

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…

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…

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…

Unclaimed Estates & Finding Missing Beneficiaries

Many people are inspired to delve into their pasts by watching programs such as ‘Who Do You Think You Are’. They find out whether their relatives are worthy of further investigation. And the key to making this process accessible is the digitisation of census records and the internet in general. Yet, when it comes to…

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…

Benefits of Appointing A Professional Executor

When considering who to appoint as an Executor, many people choose a close friend or family member. But before you decide, you should seriously consider the benefits of selecting a professional. Choosing those who are responsible for dealing with your Estate after you die is an essential part of the process of making a Will.…

Being an Executor Carries Responsibility & Risk

Acting as an Executor is not a job to be taken lightly. Being asked may be flattering, but the role carries a great deal of responsibility and significant risk in certain circumstances. By law, an Executor is responsible for dealing with the administration of the deceased person’s Estate. The job involves sorting out the property,…

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…

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…

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…

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…

Personal Possessions, Your Will & Your Beneficiaries

You could be forgiven for thinking that in drawing up your Will, the most important things to consider are how to distribute the larger items that make up your estate. Things like your home, other property, savings and your car. However, it’s how you deal with the little things in your Will, your personal possessions…

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…

Marriage, Divorce and Your Will

Modern relationships are complicated. Divorce and remarriage are commonplace. As your circumstances change, so too should your Will. It’s essential your Will accurately reflects your wishes so that your beneficiaries receive what you want them to. So, how does marriage, separation and divorce affect your Will? What steps can you take to preserve your Estate…

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…

Benefits of Lasting Powers of Attorney

The Office of the Public Guardian (OPG) has launched a targeted campaign aimed at educating the public about the benefits of making Lasting Powers of Attorney (LPAs). Prompted by recent OPG research and due to launch across the UK, the new campaign videos are focused on increasing the number of LPA registrations by promoting the…

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,…

The Importance of Making A Will

Whether for tax purposes or for a real desire to help a cause that matters to you, most of the UK’s population support leaving a legacy to charity in their Will, once their family has been provided for. But a startling 30 million of us have yet to make a Will in the first place.…

Partnerships & Accreditations