Equity Release Expected to Break New Record

It seems that the rise in the cost of living is convincing more homeowners than ever to consider equity release to get hold of a cash lump sum. More than 150,000 homeowners have used equity release in the last two years, according to figures from the Equity Release Council (ERC). And figures for the first…

Court Decides On 60-Year-Old’s Capacity in 2009

Decision on Past Capacity: Public Guardian v RI and others [2022] EWCOP 22 This case focuses on whether a 60-year-old male, known as RD, had the capacity in 2009 to execute Lasting Powers of Attorney (LPAs). Ultimately, the Court of Protection ordered the Office of the Public Guardian to cancel the registration of a lasting…

Lasting Power of Attorney Revamp

We all take things for granted – until we no longer have them. It’s human nature. So, when the prospect of losing the ability to make decisions or express an opinion crops up, considering the benefits of drawing up Lasting Powers of Attorney (LPAs) should be top of your agenda. LPAs (and Enduring Powers of…

Challenging a Will, Forfeiture and Inheritance

When making a Will in England, basically, you’re free to do as you wish. That said, you must consider who has a ‘claim on your bounty’. Whether your Will makes reasonable provision under the Inheritance (Provision for Family and Dependants) Act 1975 and whether there is a binding obligation on you. Whatever you put in…

Deathbed Gifts and Your Estate

The Coronavirus pandemic has driven many to think more about organising their Estate after they die. If you make a Will, you can stipulate who your beneficiaries are. However, surveys show that fewer than 50% of the UK’s adult population have made a Will. Furthermore, experience over the past months shows that circumstances can change…

Funeral Arrangements & Burial Disputes

It’s not uncommon for families to fall out over funeral arrangements or possession of a loved one’s ashes. So, who has the ultimate say, and what can you do? The Law Legally, a deceased person is not property – no one owns a body. Therefore, a body can’t be gifted or disposed of in a…

Court of Protection Will Only Intervene If Person Lacks Capacity

The Court of Protection (COP) has a broad remit to make decisions about health and welfare and financial issues affecting vulnerable people. However, the recent case PH v Betsi Cadwaladr University Health Board reminds us that the COP will only intervene in a person’s best interests if there is reason to believe that the person…

Ground Rents & Leasehold Reform Bill

The long-awaited Leasehold Reform (Ground Rent) Bill 2021-2022 (the Act) received Royal Assent in early February. Following widespread public outcry caused by the leasehold scandal, industry experts have widely welcomed the legislation as a positive step in addressing leasehold reform. The new Act restricts ground rent charges on newly created long leases of houses and flats…

What’s involved in Court of Protection proceedings?

It can be stressful to find yourself involved in Court of Protection proceedings, 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 finances or their health and welfare. When…

Property Ownership & Severing A Joint Tenancy

One of the first things a lawyer will discuss when you buy a property together is the difference between owning the house as joint tenants or tenants in common. And they will tell you that when it comes to planning your estate, how you own or ‘hold’ your property makes a difference. Severing A Joint…

Unravelling The Mysteries of Probate

To many, probate is a bit of a mystery. First, there’s the classic scene we see in dramas where close family arrives at the lawyer’s office for the reading of the Will. Then the lawyer reveals that no one inherits what they expect. There are so many myths and misconceptions about the probate process, including…

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.…

Dying Without a Will: How Intestacy May Affect You

If someone dies without a Will or if their Will is not valid, they will die ‘intestate’. The rules of intestacy apply to assets, Investments, and personal belongings a person leaves behind – otherwise known as their Estate. What relatives or beneficiaries inherit is affected by the intestacy rules and distributed according to a fixed…

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…

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. It’s essential your Will accurately reflects your wishes so that your beneficiaries receive what you want them to. So, how does marriage, separation and divorce affect your Will? What steps can you take to preserve your Estate…

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 removed without the owner’s knowledge. Take the recently reported case involving Mr Hall, who drove home to…

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.…

Partnerships & Accreditations