Questions To Ask Before Choosing Your Attorney

A Will and Lasting Powers of Attorney (LPAs) are essential parts of any Estate plan as they provide many protections for the future. However, when you decide to make LPAs, it’s easy to underestimate the responsibility an Attorney takes on. As a result, some Attorneys find they can’t cope with the demands of the role,…

Inheritance Arguments in Blended Families

Blended families are common features of modern life. Moreover, 2022 government statistics show that multi-family households are the fastest-growing category. And legal, financial and practical problems often cause tension. So, it’s essential to consider how couples can provide for each other and their children without causing unnecessary hardship and corrosive family arguments.  Common Triggers In…

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…

Equity Release Expected to Break New Record

It seems that the rise in the cost of living is convincing more homeowners than ever to consider equity release to get hold of a cash lump sum. More than 150,000 homeowners have used equity release in the last two years, according to figures from the Equity Release Council (ERC). And figures for the first…

Court Decides On 60-Year-Old’s Capacity in 2009

Decision on Past Capacity: Public Guardian v RI and others [2022] EWCOP 22 This case focuses on whether a 60-year-old male, known as RD, had the capacity in 2009 to execute Lasting Powers of Attorney (LPAs). Ultimately, the Court of Protection ordered the Office of the Public Guardian to cancel the registration of a lasting…

Lasting Power of Attorney Revamp

We all take things for granted – until we no longer have them. It’s human nature. So, when the prospect of losing the ability to make decisions or express an opinion crops up, considering the benefits of drawing up Lasting Powers of Attorney (LPAs) should be top of your agenda. LPAs (and Enduring Powers of…

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…

Deathbed Gifts and Your Estate

The Coronavirus pandemic has driven many to think more about organising their Estate after they die. If you make a Will, you can stipulate who your beneficiaries are. However, surveys show that fewer than 50% of the UK’s adult population have made a Will. Furthermore, experience over the past months shows that circumstances can change…

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…

Funeral Arrangements & Burial Disputes

It’s not uncommon (especially during the pandemic) for families to fall out over funeral arrangements or possession of a loved one’s ashes. So, who has the ultimate say, and what can you do? The Law Legally, a deceased person is not property – no one owns a body. Therefore, a body can’t be gifted or disposed…

Court of Protection Will Only Intervene If Person Lacks Capacity

The Court of Protection (COP) has a broad remit to make decisions about health and welfare and financial issues affecting vulnerable people. However, the recent case PH v Betsi Cadwaladr University Health Board reminds us that the COP will only intervene in a person’s best interests if there is reason to believe that the person…

Ground Rents & Leasehold Reform Bill

The long-awaited Leasehold Reform (Ground Rent) Bill 2021-2022 (the Act) received Royal Assent in early February. Following widespread public outcry caused by the leasehold scandal, industry experts have widely welcomed the legislation as a positive step in addressing leasehold reform. The new Act restricts ground rent charges on newly created long leases of houses and flats…

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…

Property Ownership & Severing A Joint Tenancy

One of the first things a lawyer will discuss when you buy a property together is the difference between owning the house as joint tenants or tenants in common. And they will tell you that when it comes to planning your estate, how you own or ‘hold’ your property makes a difference. Severing A Joint…

Unravelling The Mysteries of Probate

To many, probate is a bit of a mystery. First, there’s the classic scene we see in dramas where close family arrives at the lawyer’s office for the reading of the Will. Then the lawyer reveals that no one inherits what they expect. There are so many myths and misconceptions about the probate process, including…

Understanding The Process of Buying a House

Understanding the process of buying a house, especially when it’s your first time, is far from easy. It can seem long-winded and shrouded in legal jargon. So, if you can get your head around the basics of buying a house, you’re less likely to be taken by surprise. It might even become a pleasurable experience.…

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…

Why You Must Make a Lasting Power of Attorney

Lawyers are always talking about the benefits of making a Will. But, of course, in drawing up your Will, you’re making provision for those you care about after you die. But too few appreciate why they must also make a Lasting Powers of Attorney (LPA). Let’s face it, few of us like to think about…

Stopping a Property Chain from Collapsing

Everything is set and you’re ready to move. But then, someone pulls out and the whole property chain is at risk of collapsing. It seems moving into the house of your dreams is dependent on other transactions running smoothly. Property chains are common, even if you’re a first-time buyer. It’s likely that the person selling…

Your Will & Reducing Inheritance Tax

Last autumn, HMRC released its new Inheritance Tax (IHT) revenue figures for payments received in 2021. The government collected a record of £5.4bn death duties, with July reaching the peak when a record £571 million was received. This unprecedented rise in IHT revenue is due to several things. Increased house prices, coronavirus deaths, delays in…

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