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 co-habiting. That’s an increase of over 25% over the last decade. Yet, from a legal standpoint, it can be confusing what your rights are when you buy a home and live…

Why DIY Wills Can Cost A Fortune

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 in an emotional and financial mess.…

Persistent Probate Registry Delays Cost Dear

An Update Huge delays in submitting probate applications persist. A process that should take 2-3 weeks, in our experience, is still taking up to 12 weeks to turn around. According to a recent media report, as staff at the probate registry master the intricacies of their new software and battle with the backlog of applications,…

Squabbling Over Wills …

Were Relatives of Amy Winehouse & Aretha Franklin Destined to Argue? The importance of keeping your Will up-to-date and legally sound cannot be overstated. Do this and you’re covered. No squabbling among family members and no inheritance disputes. Nothing to affect your wishes after your gone. Most people think that. Yet every year there are…

Meeting the Cost of Care for the Elderly

And addressing challenges from Local Authorities As people live longer, the cost to central and local government of providing care for the elderly has increased massively. According to a 2018 study in The Lancet, an estimated 446,000 of over-85s will have “high dependency” care needs by 2035. An increase of over 91% from 233,000 in…

Is Your Care Home Contract Fair?

UK care home providers face direct fines if they mislead ‘customers’ Care homes are much the same as any other business. They are obliged to provide their ‘customers’ with a contract. And that contract should comply with consumer law. However, according to research by consumer association Which? in 2018, many care homes they looked at…

Will the EU Succession Regulations (Brussels IV) Affect Your Estate if You Own Property Abroad?

The principal aim of the EU Succession Regulations (EU 650/2012) – known as Brussels IV – was to unify succession laws across EU members states. Brussels IV has been in place since 17 August 2015. Whilst the UK (and Ireland and Denmark) opted out of this legislation, it’s still relevant to any UK resident individuals…

Continued Delays in Probate Applications

Despite announcing that they issued 960 grants in a single day in May, the new online probate application process, introduced by the HM Courts and Tribunals Service (HMCTS) in March 2019, continues to wreak havoc. Historically, the application process took between two to six weeks. But teething problems with the new software have meant the…

Divorce, Remarriage and Inheritance Issues.

Modern relationships can be complicated. Divorce and re-marriage are commonplace. As your personal circumstances change, so too should your Will. It’s very important your Will truly reflects your wishes and beneficiaries receive what you want them to. So, we thought it might be useful to briefly look at how marriage, separation and divorce can affect…

Implications of Serious Probate Registry Delays

At the start of 2019, a new £1bn online service was unveiled by the government. This was aimed at streamlining the probate application process and reducing stress on families. But not everything has gone to plan. Bereaved families have suffered lengthy delays, leaving them in financial limbo. Reports of up to six weeks at HMRC…

Reinvigorating commonhold – will it work?

In light of recent controversies and issues with the traditional leasehold ownership of properties, the Law Commission is pushing commonhold ownership as a viable alternative. Consultation paper In their Consultation Paper entitled Reinvigorating commonhold: the alternative to leasehold ownership the Commission outlines how commonhold ownership would work in practice. The paper closely examines what impact…

Trusts and Protecting Your Assets

We’ve written a few articles recently about the government’s planned increases in probate fees. A plan which, if implemented as intended, has been dubbed a ‘stealth tax’. Unsurprisingly, amid widespread condemnation, we’ve seen a marked increase in enquiries from clients about the potential benefits of setting up trusts. Can this approach mitigate against inheritance tax…

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…

Government trial for Reservation Agreements

The government recently announced that that they will be testing the viability of home-buying reservation agreements. So, what does this really mean? Currently, if you’re selling a house, there’s a very real possibility that your buyers will decide to drop out at the last minute, leaving you with a headache and the chance of your…

Brexit delays implementation of so-called ‘stealth tax’

Back in December 2018 we wrote a short short article about the Government’s controversial plans to increase probate fees this year. The reforms, expected to raise over £155million for the Treasury, were due to come into effect on 1 April 2019. Now it seems, they’ve been put on hold due to lack of parliamentary time.…

Can I bring an Inheritance Act claim out of time?

Dealing with Wills and inheritance, especially knowing how and when to bring a claim against an estate, can be complicated. Circumstances and relationships change over time. Legal documentation may not reflect the situation as it really is when a person you are close to dies. Pursuing claims against someone’s estate The Inheritance (Provision for Family…

Choosing the right person be your Power of Attorney

Granting Power of Attorney to the right person is the best way to protect your legacy and assets. But this is an important appointment which gives authority to another person to act on your behalf. So choosing the right person to become your Attorney or agent, is crucial. Naturally, making the decision can play on…

I’m buying a house – what’s the difference between leasehold and freehold?

Leasehold vs freehold properties 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 freehold or a leasehold. Recently, things have got a little more complicated with the government…

WARNING – 14 Year Inheritance Tax Trap

Can gifts still be subject to Inheritance Tax 14 years later? Many will be familiar with the seven-year rule relating to gifts for inheritance tax (IHT) purposes. And, assuming you survive for seven years from the date of making the gift, this gift can be excluded from your estate after you die. However, there is…

The importance of having an Energy Performance Certificate

Do I really need one? There’s a very, very short answer to the questions raised in the headline of this article. If you are building, selling or renting a property the answer is “very important and yes you do.” Now that is clear, we can move onto what an Energy Performance Certificate (EPC) is and…

Partnerships