Should We Sign the House Over to The Kids?

It’s a question we’re often asked. Should we sign over our house to the kids? Or put it into a trust? Whatever your circumstances are, your home is probably your biggest asset, so consider the implications very carefully. Signing over your house isn’t risk-free. And there are plenty of misconceptions about the heavily promoted so-called […]

The Leasehold Reform Bill – Is It Farewell to Ground Rents?

The government introduced the first part of the long-awaited series of reforms to leasehold property law (in England and Wales) in the Queen’s Speech last month. The draft Bill, known as the Leasehold Reform (Ground Rent) Bill, is designed to end the inconsistency surrounding the charging of ground rents to leaseholders of flats and houses. […]

Are you protecting your children’s inheritance?

There is a developing old-age crisis amongst millennials (those born between the early 1980s and late 1990s) as a generation hit with higher costs, huge debt and less opportunity to own property, few are successfully financially preparing for retirement. Many are simply not saving at all, expecting an inheritance windfall from their parents. A recent Sanlam […]

What should you include in your Will?

Understandably, post-pandemic, we’ve seen an increase in clients making their Wills. But it’s not always easy to know what to include. So, here’s a short ‘checklist’ to help you with the process. 1. Beneficiaries If you leave your estate to more than one person, think carefully about how you’d like to distribute your estate. For […]

Buying a Home Using the new Help to Buy Scheme

Taking that first step on the property ladder hasn’t always been easy, but the current climate means it’s challenging. Undoubtedly, the government’s Help to Buy Equity Loan scheme has helped, and the latest Help to Buy 2021-2023 version is likely to offer first-time buyers much-needed hope. Help to Buy Scheme – Eligibility Under the new […]

Making Wills Together

The vast majority of couples who think about making their Wills together, do so at the same time. In most cases, they want to leave their estates to each other on the first death, passing their assets on to their children in a straightforward way. However, one concern high up most people’s agenda is making […]

Being the Bank of Mum and Dad

In the past year, almost 25% of home purchases were funded by the “Bank of Mum and Dad”. And according to a recent Legal & General study, last year more than 50% of homes bought by the under 35s involved gifts from parents, grandparents, other close family or friends. Even though government Help to Buy […]

Is a Copy of a Will Legally Valid?

When someone dies, their Last Will must be found. It’s crucial to find the original, not a copy, as this will be required to administer the person’s Estate and obtain the Grant of Probate. Furthermore, many financial institutions and those dealing with the estate assets require a copy of probate documentation before releasing funds to […]

Lasting Powers of Attorney & Joint 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, it seems people throughout the UK are convinced of the benefits. Over 800,000 LPAs were registered during 2019, and an average of 20,000 per month in the first couple of […]

Home Ownership in Today’s World

By most people’s standards today, buying a home is the largest purchase they’ll ever make. But it’s often a complex, lengthy process, with everyone breathing a sigh of relief when they finally enter the realm of homeownership. So, it’s not surprising to find that many don’t get their head around how they actually own their […]

Rise in Inheritance Disputes and Rights of Cohabitees

Inheritance disputes taken to court reached a record high last year, according to the Ministry of Justice. This increase is largely due to the rise of non-traditional families, including more unmarried couples living together. Long-term cohabiting partners, second or third spouses (often with children from previous relationships), and others who feel they have a claim […]

Putting Your Will at The Top of Your To-Do List Matters

Over two-thirds of the UK’s adult population haven’t made a Will. What’s more, over 1.5m people have voided their Wills without realising, by getting married. Worryingly, recent data from a Royal London survey also shows that 5.4m of us wouldn’t know where to start and almost two-thirds of parents don’t have a Will or have […]

Help to Buy Equity Loan Schemes: Old & New

The government’s Help to Buy Equity Loan scheme has offered a helping hand to many during the COVID-19 crisis. However, they may have stepped in back in July to help those in need by extending the build deadline, but it’s clear that a further extension of this scheme isn’t on the cards. Instead, the government’s […]

Accuracy Matters When Leaving Legacies to Charities

Leaving Legacies – Knipe v British Racing Drivers’ Motor Sport Charity & others When it comes to leaving legacies to charities, it’s not uncommon to find drafting errors in a Will. It might be that the charity no longer exists when the person dies, or the recipient isn’t correctly named. The recent case of Knipe […]

Rearranging Your Inheritance & Deeds of Variation

A deed of variation is not a euphemism for rewriting someone’s Will after they’ve died. It’s a document that legally allows the beneficiaries some flexibility to rearrange their inheritance or change the distribution of the estate. This device, sometimes known as a deed of family arrangement, can be useful if a Will doesn’t take account […]

Probate Registry Delays

Probate Registry delays is a subject we’ve discussed many times in the last couple of years. In 2017, the proposed hike in probate fees caused a flurry of applications and subsequent delays. The centralisation and digitalisation of the Probate Registry itself further compounded the problem. However, it still seems that the process that should take […]

Siblings Fight Over Fabricated Copy Will

Photocopied Will: Face v Cunningham & Anor [2020] EWHC 3119 A recent contentious probate claim brought by Rebeca Face against the Estate of her late father, Donald Face, was dismissed by High Court Judge David Hodge QC as ‘totally without merit’, based on a ‘fabricated document’. Rebeca’s siblings argued that the photocopied Will submitted by their […]

Unclaimed Estates & Finding Missing Beneficiaries

Many people are inspired to delve into their pasts by watching programs like ‘Who Do You Think You Are’. They find out whether their relatives are worthy of further investigation. The key to making this process accessible is digitising census records and the internet. Yet, when it comes to unclaimed Estates and finding relatives who […]

Applying For Probate

It’s a common misnomer to think that preparing a Will removes the need for Probate when you die. When Probate Is Needed By law, in England and Wales, you only need to apply for Probate if something requires it. However, to protect yourself and avoid issues or challenges from beneficiaries when dealing with the Estate, […]

Acting as an Attorney or Deputy During Covid-19

Acting safely as a Deputy or Attorney during Covid-19 is concerning for many. However, outside the need to follow a robust social distancing regime, shielding and self-isolating when necessary; the roles and responsibilities for Deputies and Attorneys remain the same. Responsibilities During the CoVid-19 Restrictions  Working closely with the Ministry of Justice (MoJ), the Office […]

Partnerships & Accreditations