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 […]

Marriage, Divorce and Your Will

Modern relationships are complicated. Divorce and remarriage are commonplace. As your circumstances change, so too should your Will. Your Will must accurately reflect your wishes so that your beneficiaries receive what you want. So, how do marriage, separation and divorce affect your Will? What steps can you take to preserve your Estate after you die […]

Living Together & Owning a Property

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 live and buy a property together. So, what’s all the fuss about? According to the […]

Preventing Property Title Fraud

The Fraud Advisory Panel, HM Land Registry and the Law Society of England and Wales have produced a new guide to help homeowners prevent property title fraud. Unfortunately, property title fraud is real. Houses are sold, and furnishings are removed without the owner’s knowledge. Take the recently reported case involving Mr Hall, who drove home […]

Should You Consider an Online Will?

Everyone should prepare for the inevitable. But, unfortunately, the growing popularity of online Will writing means that many of those who get around to sorting their Will, opt for what appears to be the cheaper, easier option rather than arranging to see a lawyer. Changing Times The COVID-19 pandemic has changed the way we live […]

Benefits of Appointing A Professional Executor

When considering who to appoint as an Executor, many people choose a close friend or family member. But before you decide, you should seriously consider the benefits of selecting a professional. Choosing those who are responsible for dealing with your Estate after you die is an essential part of the process of making a Will. […]

Why DIY Wills Can Cost A Fortune

Pitfalls of Do It Yourself Wills DIY wills are tempting and readily available. You can find forms online and complete a will quickly, sometimes for under £10. However, a DIY Will can leave your family in a difficult emotional and financial situation. A recent investigation by the Money Mail has revealed that low-cost, poorly drafted or […]

Being an Executor Carries Responsibility & Risk

Acting as an Executor is not a job to be taken lightly. Being asked may be flattering, but the role carries a great deal of responsibility and significant risk in certain circumstances. By law, an Executor is responsible for dealing with the administration of the deceased person’s Estate. The job involves sorting out the property, […]

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 […]

Divorce & The Inheritance Act

The Inheritance Act 1975 gives certain people the legal right to make a claim against a person’s estate for ‘reasonable financial provision’. However, a recent case, Sismey v Salandron, is the first ever where this type of claim has reached trial. It’s widely believed that the decision made in this case will affect estates involving […]

Assessing Testamentary Capacity

For solicitors and Will writers, one of the most important parts of drawing up a Will is assessing a client’s fitness to make their Will, known as their ‘testamentary capacity. If the client is elderly or ill or doubts their capacity, how a practitioner establishes this is very important. Since the ’70s, it’s become best […]

Can You Leave Your Estate to Anyone You Choose?

Fundamentally, English law upholds the principle of testamentary freedom. In other words, the person making a Will (known as the testator) can leave their estate to anyone they choose. However, there is an exception. In England, the Inheritance (Provision for Family and Dependants) Act 1975 safeguards family members from being disinherited. Anyone eligible spouse, civil […]

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

Buying your first home is considered one of the most stressful things you can do. Costs can soon mount up. The jargon, obscure terminology and legalities can put your head into a spin. You’ll hear the term ‘conveyancing’ a lot before you pick up your keys. And the process can seem like an overwhelming prospect. […]

Is It Easy to Challenge a Will Based On Forgery?

Challenging a Will because you believe it’s a forgery isn’t easy. You may think you have solid evidence, but putting your argument together isn’t always straightforward. The recent case of Rainey v Weller tells us why. Rainey v Weller [2021] EWHC 2206 (CH) Claims over the validity of any Will invariably raise issues over capacity, […]

Planning ahead? Be smart about what you leave behind.

After you’re gone, you’ll want all your hard work to benefit your family and loved ones. However, inheritance tax can reduce the size of the estate you can leave behind. Be smart and plan ahead. If your estate is worth more than the threshold for Inheritance Tax (IHT), there are things you can do to […]

Challenging Wills – How To Mitigate The Challenge

Following on from our previous article on the successful challenge, we now set out how the mother could have done things differently to ensure her wishes were respected. There is nothing that you can do to prevent a challenge to your Will or gifts made in life, but you can make it harder with correct […]

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 […]

Probate Fees May Rise as Delays Continue

Professional organisations, like the Law Society, have criticised the Ministry of Justice’s (MoJ) plan to increase probate fees. This criticism comes as grieving families already face long delays in granting probate. However, the government argues that HM Courts & Tribunals Service (HMCTS) operates at a loss, unfairly burdening taxpayers who must cover the difference. Proposed […]

Your Will, Your Family & Inheritance Disputes

Disappointed beneficiaries take family members to court over their inheritance (or lack of it) more than ever before. Notwithstanding the sharp spike in court cases last year, many inheritance disputes are settled out of court after a lot of (expensive) legal to-ing and fro-ing. Inheritance disputes are destructive and expensive. But, with careful planning and […]

Sharing Your Home With Someone

Thinking about asking a friend or family member to move in isn’t a rare thing these days. Sharing your home with someone who contributes to the mortgage and running costs often makes a real difference. But personal circumstances vary, and the motivation behind making the decision is rarely straightforward. So, it’s a good idea to […]

Partnerships & Accreditations