Who Decides What Happens to Your Body After You Die?

Your Body, Their Decision? Many people mistakenly believe their wishes in a Will are legally binding when it comes to what happens to their body after death. This misunderstanding can lead to unexpected and sometimes painful disputes among surviving family members. While the Law Commission may have started a long overdue review of the “ancient…

Beyond Bereavement: The Executor’s Burden

Being appointed as an Executor is an honour. It signifies a deep trust and respect from the deceased. Yet, amidst the grief and remembrance, it’s vital to recognise this role’s potential challenges and personal liabilities. These challenges can range from navigating complex legal obligations such as probate and tax filings and managing potential disputes among beneficiaries to fulfilling fiduciary…

Smooth Sailing: Make Your House Move Stress-Free

Buying or selling a property is exciting, but the conveyancing process can sometimes throw a few curveballs. Pitfalls can still arise along the way, even when everything looks straightforward. An experienced property lawyer will ensure all legal aspects are handled correctly and on time. They will do everything possible to ensure the transaction runs smoothly…

LPAs: Removing or Appointing Replacement Attorneys

When you make a Lasting Power of Attorney (LPA), you entrust the management of your affairs to individuals you trust implicitly. But what if life throws a curveball, and you need to replace an existing Attorney or clarify the role of replacement Attorneys? Circumstances can change unexpectedly. The person you appointed may have passed away,…

Housing Reform: A New Landscape for Homeowners and Renters

The UK housing market is undergoing a significant transformation, with several key pieces of legislation to create a fairer and more transparent system for homeowners and renters. The recently enacted Leasehold and Freehold Reform Act 2024 (LAFRA), the forthcoming Leasehold and Commonhold Reform Bill (LCR Bill), and the proposed Renters’ Rights Bill (RR Bill) collectively…

Deathbed Gifts – Last Wishes or Legal Limbo?

The concept of deathbed gifts, known legally as donatio mortis causa (DMC), is a centuries-old tradition in English law. It allows individuals to bequeath assets outside the formal Will-making process. It provides a way to express final wishes directly to loved ones in anticipation of death. However, while the concept seems simple, DMCs often entail…

Over 127k Lasting Powers of Attorney Rejected – Get Yours Right

The importance of Lasting Powers of Attorney (LPAs) is gaining traction, as evidenced by a 37% increase in LPAs registered in 2023. While this trend is reassuring, the overall picture remains concerning. Less than 1% of the adult population has LPAs in place, and 60% of individuals over 75 still need to make these crucial…

Supreme Court Uproots Landowner Rights in Knotweed Case

This year’s weather patterns – a wet spring followed by intense summer heat – have created a perfect breeding ground for the rapid spread of Japanese knotweed. This invasive plant, known for its destructive capabilities and the costly legal disputes it can spark, thrives in these conditions. It has grown at an alarming rate, posing…

The Smart Way to Buy at a Property Auction

Property auctions can be an exciting and potentially lucrative way to secure your next home or investment property. With the fast pace and unique rules, getting caught up in the Moment and making hasty decisions is easy. However, with the right approach, buying a property at auction can also provide great opportunities. To help you…

Charitable Giving in Your Will

Making a Will isn’t just about distributing assets to family; it’s an opportunity to support causes you care about and leave a meaningful legacy. By including a charitable gift in your Will, you can make a lasting impact on the world while potentially reducing inheritance tax for your loved ones. Making a Difference: Key Considerations…

Sun, Sea, and Succession: Protecting Your Assets Overseas

The allure of overseas property and investments is undeniable. Many people expand their financial horizons beyond national borders, whether it’s a charming villa in Tuscany, a beachfront condo in Florida, or a portfolio of international investments. However, this global outlook also necessitates an international approach to estate planning. Why Your Overseas Assets Need Special Attention…

Your Will, Your Way: Ten Steps to Ensure Your Legacy Lasts

Let’s face it: writing a Will isn’t exactly at the top of anyone’s to-do list. It’s easy to put off, assuming we have plenty of time, or it’s simply an uncomfortable topic to confront. Yet, the reality is that over half of UK adults haven’t made a Will, potentially leaving their loved ones in a…

Probate Claims and the Ticking Clock

If you believe someone has unfairly left you out of a Will or you’re dissatisfied with your inheritance, you may have legal options. However, the recent case of James v Scudamore is a stark reminder that acting promptly is crucial in probate claims. Understanding Probate Claims When someone passes away, their estate goes through a…

What Your Dream Home Might Be Hiding

Buying a house is a dream for many, an exciting time and the start of a new chapter for most. However, your dream home could hide many unpleasant surprises beneath the fresh paint and manicured lawn. This is where property searches come in – the unsung heroes of the home-buying process. The Crucial Role of…

Mistakes Executors and Administrators Must Avoid

Losing a loved one is never easy. And when you’re named as the Executor in their Will (or the court appoints you as Administrator if there’s no Will), the burden of settling their estate can feel overwhelming. The responsibilities are significant, and the legal implications are real.  Mistakes during this process can lead to personal…

Equity Release in Retirement

Equity release continues to gain popularity among older UK homeowners, often due to rising property values and the need for additional income in retirement. It allows them to tap into the value (equity) they’ve built up in their homes without selling. But it’s a significant financial decision with legal and financial implications. For instance, it…

Bank of Mum and Dad: A Blessing or Inheritance Curse?

The dream of homeownership is increasingly challenging, prompting many parents to become a “Bank of Mum and Dad” and offer financial support. While generous, these financial gifts can become an inheritance curse, leading to tax issues, family disputes, or resentment among siblings. This impacts not only future inheritance but also emotional well-being and fairness. Presumption…

Can I Keep My Will Secret?

Usually, Wills become public after a Grant of Probate is issued. However, to protect the “dignity and standing” of the late Queen, the High Court ordered Prince Philip’s Will to be kept secret for 90 years. Since then, following the judgment of the President of the Family Division in the case of Prince Philip’s Will,…

What Happens if an Executor Dies?

The unexpected death of an executor can introduce a significant level of stress and emotional burden into the probate process, particularly during an already emotionally challenging time. However, what happens if an executor dies, including when the death occurs, can significantly impact how the estate is managed moving forward. Understanding the Administration of Estates Act…

Navigating Probate Delays

The loss of a loved one is a difficult time, and the legal process of probate can add an extra layer of stress. Probate, the court-supervised process of administering a deceased person’s estate, can often be long and complicated, leading to unwelcome delays during an already emotionally challenging period. Although there have been some improvements,…

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