Your Digital Footprint, Your Assets and Your Will

If you’re thinking about writing a Will, you’ll have thought about what you’d like to happen to your property, savings and other assets after you die. But you’ve probably not paid much attention to your ‘digital footprint’ or ‘digital assets’. Today, humans are consumed by tech. As adults, our daily lives are embedded in the…

When Should You Challenge a Will?

Fundamentally, challenging a Will is easier if you have strong evidence to support your claim. However, as inheritance disputes continue to rise, expectations of easy financial gain do, too. Hopefully, our brief overview will shed some light on a complex and often confusing subject. Testamentary Freedom Under English and Welsh law, an individual can leave…

Are You Missing Out on Inheritance Tax Residence Nil-Rate Band (RNRB)?

The Residence Nil Rate Band (RNRB) was first introduced in April 2017 following former Conservative chancellor George Osborne’s promise in 2015 to increase the inheritance tax-free allowance to £1 million. Designed to protect the family home from inheritance tax (IHT), it was fixed at £100,000 for deaths occurring in the tax year 2017/18 and has…

What You Should Include When Making Your Will

Understandably, since the Covid pandemic, more people are considering making their Wills. But knowing what to include in your Will is not always easy. There are several important decisions to make. And it would be best if you made sure the wording of your Will reflects precisely what you want. Unambiguously. Our short ‘checklist’ below…

Accessing Funds After the Death of a Loved One

Naturally, it’s a very stressful time when someone close to you passes away, and financial or practical concerns are the last thing you need. For example, if you depend on a loved one who has died, you might want access to funds to pay essential bills or take care of other liabilities. However, in the…

Why You Need a Health & Welfare LPA

Greater emphasis is often placed on the financial implications of not having a Property and Finance Lasting Power of Attorney (LPA). However, understanding the benefits of making a Health and Welfare LPA is just as important. Whilst both types of LPA allow individuals to give someone they trust the ability to make decisions, the reasons…

Aretha Franklin’s Handwritten Note is a Valid Will

After four years of battling through the courts, the Michigan jury deliberating over two handwritten documents in mid-July decided that Aretha Franklin’s four-page note discovered under a sofa cushion should serve as her valid Will. Intestacy When Ms. Franklin died in 2018, aged 76, no Will was found, so her four children assumed the multi-million-dollar…

The Risks of Agreeing to Mutual Wills or Deeds

A Mutual Will, not to be confused with a mirror Will, establishes a legally binding contract between two people that can’t be changed without mutual agreement. Whilst it’s possible to alter the terms whilst both parties are living, the terms of a mutual Will are fixed and binding for the survivor after the first person’s…

How Can You Avoid Family Disputes Over Your Will?

So, you’ve made a Will that clearly states who should inherit what, and all your paperwork is in order. However, family circumstances have recently changed, so you want to update your Will, but you’re concerned that your plans may upset those close to you. Who should inherit what? What was promised? What is fair? It’s…

Choosing a Professional Executor

Anyone who makes a Will must appoint an Executor, and many choose a close friend or family member. But, remember, the role of an Executor carries significant responsibility and risk. So, before you decide, consider the benefits of choosing a professional. Key benefits include the following: 1. Less Stress & Risk Acting as an Executor can…

Can I Keep My Will Secret?

Usually, Wills are open to public scrutiny after a Grant of Probate is issued. Yet in September 2021, the High Court ordered Prince Philip’s Will to be kept secret for 90 years to protect the “dignity and standing” of the Queen. So, can an average man in the street make the same stipulation? After all,…

Why You Should Update Your Will

A Will is one of the most important documents you’ll ever write. However, all too often, they’re rarely reviewed or updated but are left to gather dust and forgotten about. Unfortunately, that’s usually a big mistake. That’s because lives, finances and family structures change. People frequently relocate, buy another property, or downsize. So, here’s a short list…

How to Handle a Rogue Trustee

The pros and cons of setting up a trust are often discussed when planning someone’s estate. However, depending on the size of a person’s estate, the benefits of creating trusts invariably outweigh the disadvantages as they can help to minimise Inheritance Tax (IHT), protect vulnerable dependents, or generally preserve an individual’s wealth for future generations.…

Do Lasting Powers of Attorney Reduce Your Independence?

Unsurprisingly, when clients make Lasting Powers of Attorney (LPAs), they often ask if these powerful legal documents can reduce their independence or leave them open to financial abuse. Given that you can only make Powers of Attorney when you’re ‘of sound mind’, they’re excellent questions to ask before giving someone access to your finances. So,…

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…

Couples: What Constitutes Reasonable Financial Provision?

In the UK, there’s a long-established principle that individuals are entitled to leave their estate to anyone they choose. However, under the Inheritance Act 1975 (Inheritance Act), certain people can challenge the terms of a Will if they can demonstrate that their loved one’s Will has left them without “reasonable financial provision”. Those eligible to…

The Importance of Capacity When Making Your Will

For lawyers, one of the most important parts of drawing up a Will is assessing a client’s fitness to make their Will. This is known as their ‘testamentary capacity’. If the client is elderly or ill or doubts their capacity, how a practitioner establishes this is very important. Since the ’70s, it’s become best practice…

EU Property and Forced Heirship Rules

In the post-Brexit world, the EU Succession Regulations are still relevant to those who own property in the UK and an EU member state bound by the Regulation. This is because many European countries operate (in varying forms) reserved or forced heirship rules. It’s conservatively estimated that over 1.5m Brits still own property in France…

Buying a house – leasehold or freehold?

Buying a house – leasehold or freehold? There’s a lot to keep track of when buying a house, including understanding whether you own or rent the land you are buying sits on. In England and Wales, this will either be a freehold or a leasehold. Things got a little more complicated when the government proposed…

Difference Between Professional & Lay Court of Protection Deputies

A Court of Protection Deputy is appointed by the Court to make decisions for someone who can’t make decisions for themselves. Professional or Lay Deputy? All Deputies must be 18 or over. Essentially, there are two types of Deputies, Lay and Professional. Lay Deputies are usually close family members or friends of the person who…

Partnerships & Accreditations