Recent Case Proves Persuasion Is Not Undue Influence

The recent case, Coles v Reynolds & Another [2020] EWHC 2151 (Ch), shows clearly how persuasion isn’t the same as ‘undue influence’ when it comes to challenging a Will. The case involved a dispute between two sisters over their mother’s Will. Made in May 2012, the mother had changed her previous Will. This had divided…

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…

What You Should Include When Making Your Will

Understandably, since the start of the Coronavirus outbreak, we’ve seen an increase in clients making their Wills. But it’s not always easy to know what to include in your Will. There are a number of important decisions to make. And you need to make sure the wording of your Will reflects exactly what you want.…

Rise in Inheritance Disputes and Rights of Cohabitees

According to figures released by the Ministry of Justice, the number of inheritance disputes being heard in Court reached an all-time high last year. A significant factor driving this increase is the growth of less traditional family structures including the prevalence of unmarried couples living together. Undoubtedly, long-term cohabitees, second or third spouses with children…

Emails and Digital Accounts May Affect Your Estate

Today, most people’s lives are consumed by digital technology, social media and the internet. It’s estimated that 59% of the global population, were actively using the internet in July 2020. But have you thought about how your digital footprint, your emails and digital accounts – your ‘digital assets’ – may affect your estate? The simple…

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…

Impact of Stamp Duty Holiday on House Purchases

Confirmation of the much talked about ‘stamp duty holiday’ was announced on 8 July in Rishi Sunak’s ‘Summer Economic Update’ on all property sales in England and Northern Ireland. Along with temporary VAT cuts for pubs, restaurants and cafes, the measure is aimed at stimulating the UK housing market. And the changes are introduced with…

Fit to Make a Will

The Importance of Assessing Testamentary Capacity For solicitors and Will writers, one of the most important parts of drawing up a Will is assessing a client’s ‘testamentary capacity’. If the client is elderly or ill or there are any doubts about their capacity, how a practitioner might determine this, is very important. Since the 70’s…

5 Key Benefits of Appointing A Professional Executor

Many choose to appoint a close friend or family member as an Executor, but before you choose you should seriously consider the benefits of appointing a professional. The process of choosing the people who are responsible for dealing with your estate upon your death is an extremely important part of the process of making a…

Adult Child Loses Inheritance Act Claim

In recent years, Inheritance Act claims by those who feel they have been unfairly cut out of a Will have escalated. However, a recent “absolutely hopeless” case brought by an adult child, under the Inheritance (Provision for Family and Dependants) Act 1975, highlights how such litigation is uncertain, stressful and often costly. The Case –…

Impact of Coronavirus on Your House Purchase or Sale

The Government’s announcement last month, freeing-up the restrictions imposed in March on buying or selling a house, has helped to lift spirits and slow down the rate of transactions collapsing. But what impact will the new Coronavirus regulations have on your house sale or purchase? Essentially, as long as social distancing guidelines are followed, and…

The Role of Discretionary Trusts in Your Will

It’s not uncommon to set up a Discretionary Trust in your Will. This mechanism allows you to ringfence some or all of your Estate, often to support a loved one who is vulnerable or unable to manage their own affairs. Or safeguarding cash or assets for loved ones going through a divorce or a period…

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

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.…

Lasting Powers of Attorney and Jointly Owned Property

We always advise clients to put a Lasting Power of Attorney (LPA) in place whilst they still have the mental capacity to do so. And, if figures released by the Office of the Public Guardian (OPG) are anything to go by, people throughout the UK are convinced of the benefits. Over 800,000 LPAs were registered…

Acting as an Attorney or Deputy During Coronavirus Outbreak

Acting safely as a Deputy or Attorney during the Coronavirus outbreak is concerning for many. However, outside the need to follow robust social distancing regime, shielding and self-isolating when necessary; the roles and responsibilities for Deputies and Attorneys remain the same. Responsibilities During the Coronavirus Outbreak  Working closely with the Ministry of Justice (MoJ), the…

Wills and Lasting Powers of Attorney During Coronavirus Crisis

As you might expect, since the Coronavirus crisis began, we’ve received a high volume of client requests asking to make or amend a Will or Lasting Powers of Attorney (LPA). It seems, our clients are not alone. A recent report compiled by The De Vere Group shows a startling increase of 76% in demand from…

We’re buying a house – what’s involved in the conveyancing process?

Buying your first home is often stated as one of the most stressful things you can do! Costs can soon mount up, the jargon, obscure terminology and the legalities – it can all put your head into a spin. You’ll hear the term ‘conveyancing’ a lot in the journey to getting your keys. This is…

Trusts and Protecting Your Assets

We’ve written a few articles 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 inheritance tax liability and increased…

Being an Executor Carries Responsibility & Risk

Acting as an Executor is not a job to be taken lightly. Whilst it’s very gratifying to be asked, the role does carry a great deal of responsibility and in certain circumstances, significant risk. As Executor, you will have overall responsibility for dealing with the administration of the deceased person’s estate, as stipulated by law.…

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