Legal Advice & Help Centre from Curtis Parkinson - Nottingham Solicitors
Missing Beneficiary

What Happens When a Beneficiary Can’t Be Found?

The smooth administration of an estate hinges on identifying and distributing assets to rightful beneficiaries. But what happens when a beneficiary can’t be found? In England and Wales, there’s a legal framework for handling situations like this. This ensures a fair outcome for missing beneficiaries and the estate. Due Diligence is Key When Tracing Beneficiaries…

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Selling Smart: What You Must Disclose When Selling Your Property

Selling a home is exciting, but the process can feel overwhelming. Between cleaning, decluttering, viewings, and navigating the legal hurdles, it’s easy to forget some crucial steps. One aspect that’s often overlooked is disclosure. Understanding what you must disclose (legally) when you sell your home is vital. Not only does it protect you from potentially…

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The Importance of Side Documents Alongside a Will

Memoranda of Wishes, Letters of Guidance and Side Letters sit alongside a Will. These side documents guide executors, trustees, and those managing an estate or trust after death. While they are not substitutes for making a Will, they are valuable. They give you a voice after death that even a properly prepared, structured Will may…

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Is The Will a Forgery?

Disputing a Will because you believe the Will is a forgery takes a lot of work. Challenges are often made based on lack of testamentary capacity, undue influence or lack of knowledge and approval. But contesting a Will based purely on forgery is less common, even if there’s a genuine concern. You may think you…

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Probate Can Be Tricky, So Make Your Executor’s Job Easier

None of us can know what tomorrow will bring. However, those who plan for what happens after they die typically rest much easier at night. Administering a person’s estate after they die (known as probate) can be tricky and costly, especially if things aren’t carefully organised beforehand. So, make your probate run smoothly and your…

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Make A Will This New Year, But Avoid ‘Cowboy Will Makers’

Writing a Will is not a regulated service, which has led to many disreputable – or ‘cowboy’ companies springing up on the web. Inevitably, some people believe the claims such businesses make and are tempted to write their own Will or opt for one of the many low-cost options heavily promoted online. However, in most cases,…

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What to Do When Someone Dies

We know that the death of a loved one is very traumatic for families. As well as dealing with the loss, it’s tough to think about practicalities and even harder to know who is responsible for what. So here are a few pointers to help you understand what to do when someone dies. Registering the…

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Why You Need a Will if You’re Cohabiting

Marriage continues to decline in the UK, with more unmarried couples buying houses together than ever. So, amid rising costs, it’s little wonder that many first-time buyers opt to cohabit before they tie the knot. But ignoring the legal implications could be financially disastrous. Despite the trend for living together, the law hasn’t caught up…

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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 buying a house, you’re less likely to be surprised. It might even become a pleasurable experience. So, what’s first? 1. Mortgage…

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Who Owns What Fence?

We all want to live at home in peace and harmony with our neighbours. Yet, according to a survey in 2022, over a fifth of UK homeowners got involved in a boundary dispute with a neighbour at some point. And falling out over with neighbours is very stressful. Triggers, such as encroaching on a boundary…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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