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…

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…

Can I Keep My Will Secret?

Usually, Wills are open to public scrutiny after a Grant of Probate is issued. Yet in September 2021, the High Court ordered Prince Philip’s Will to be kept secret for 90 years to protect the “dignity and standing” of the Queen. So, can an average man in the street make the same stipulation? After all,…

Why You Should Update Your Will

A Will is one of the most important documents you’ll ever write. However, all too often, they’re rarely reviewed or updated but are left to gather dust and forgotten about. Unfortunately, that’s usually a big mistake. That’s because lives, finances and family structures change. People frequently relocate, buy another property, or downsize. So, here’s a short list…

How to Handle a Rogue Trustee

The pros and cons of setting up a trust are often discussed when planning someone’s estate. However, depending on the size of a person’s estate, the benefits of creating trusts invariably outweigh the disadvantages as they can help to minimise Inheritance Tax (IHT), protect vulnerable dependents, or generally preserve an individual’s wealth for future generations.…

Do Lasting Powers of Attorney Reduce Your Independence?

Unsurprisingly, when clients make Lasting Powers of Attorney (LPAs), they often ask if these powerful legal documents can reduce their independence or leave them open to financial abuse. Given that you can only make Powers of Attorney when you’re ‘of sound mind’, they’re excellent questions to ask before giving someone access to your finances. So,…

Managing Conflicts of Interest & Trustee Self-Dealing

When a Trustee is appointed, they’re usually aware that they must take their responsibilities very seriously. They have a legal duty to act only in the best interests of the Trust’s beneficiaries. Trustees must not seek to benefit from their position as a Trustee or knowledge of the Trust’s assets or put themselves into a…

Couples: What Constitutes Reasonable Financial Provision?

In the UK, there’s a long-established principle that individuals are entitled to leave their estate to anyone they choose. However, under the Inheritance Act 1975 (Inheritance Act), certain people can challenge the terms of a Will if they can demonstrate that their loved one’s Will has left them without “reasonable financial provision”. Those eligible to…

The Importance of Capacity When Making Your Will

For lawyers, one of the most important parts of drawing up a Will is assessing a client’s fitness to make their Will. This is 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 practice…

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…

Buying a house – leasehold or freehold?

Buying a house – leasehold or freehold? There’s a lot to keep track of when buying a house, including understanding whether you own or rent the land you are buying sits on. In England and Wales, this will either be a freehold or a leasehold. Things got a little more complicated when the government proposed…

Difference Between Professional & Lay Court of Protection Deputies

A Court of Protection Deputy is appointed by the Court to make decisions for someone who can’t make decisions for themselves. Professional or Lay Deputy? All Deputies must be 18 or over. Essentially, there are two types of Deputies, Lay and Professional. Lay Deputies are usually close family members or friends of the person who…

What Happens if There Isn’t a Will?

It’s estimated that two-thirds of people die without making a Will. These figures include high-profile figures such as Prince, Jimi Hendrix, Amy Winehouse, Pablo Picasso, and James Dean, to name but a few. Unfortunately, they left more than just their fame behind. Aside from their wealth, they provoked bitter family arguments, avoidable taxes, and numerous…

Know your boundaries

Most of the time relations with neighbours are harmonious, but it doesn’t take much for the situation to deteriorate to something far from friendly. Disputes between neighbours are a common occurrence. A recent survey from GoCompare found that 28% of Brits have fallen out with a neighbour and, of those asked, 11% come from maintenance…

What’s involved in Court of Protection proceedings?

Finding yourself involved in Court of Protection proceedings can be stressful, 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 health and welfare. When a dispute about a vulnerable…

Can a Will be Changed After Death?

In short, yes, a Will can be changed after death. However, all beneficiaries whose interests are being affected must agree, and changes must be completed within two years after the person whose Will it is, dies. Changes are made using a deed of variation. However, this doesn’t mean you’re given free rein to rewrite someone’s…

Protecting Vulnerable Adults

Any adult should feel safe, free from abuse, and have their rights and choices respected. However, some adults are less able to protect themselves, perhaps losing capacity due to illness, accident or dementia. This can leave them susceptible to exploitation and neglect. So, what can be done to safeguard vulnerable individuals? Make Lasting Powers of…

Do I need to leave everything to my spouse in my Will?

Your Will sets out what happens to your estate after your death. Without a Will, the Rules of Intestacy decide who gets what. Even without significant change in your life, such as divorce or remarriage, your Will should be regularly reviewed to ensure it’s what you want and provides for those close to you. However, what…

What Happens to Deputyship When Someone Dies?

Court of Protection Deputyships At its simplest, the role of a Deputy appointed by the Court of Protection will not stop until the Court discharges the Deputy, the person who is the subject of the Deputyship order dies, or a Deputy dies. If the person you are Deputy for dies, any Court of Protection application…

What Makes a Will Invalid in England & Wales?

It’s been widely reported that Priscilla Presley is disputing the validity of her late daughter’s Will, claiming that a 2016 amendment to Lisa Marie’s Will should be overturned. However, according to the papers filed in Los Angeles superior court, there are several issues surrounding the authenticity of this amendment, including a lack of witnesses, misspelling…

Partnerships & Accreditations