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From Fish Fingers to Fortune
Charity Wins in Unusual Will Case A recent High Court case involving a Will written by hand on the back of two food boxes (one that had contained Young’s frozen fish and the other Mr Kipling’s mince pies) has resulted in a significant windfall for a charitable organisation. This unusual case highlights the importance of […]
continue readingIs a Will Trust Right for You?
Protecting Your Family and Legacy Planning for the future can be daunting, especially concerning your loved ones. How can you ensure they are provided for after you’re gone? Establishing a Will trust is becoming increasingly popular, but is it the right choice for you? What is a Will Trust? A Will trust functions as a […]
continue readingLack of Capacity and Undue Influence in Oliver v Oliver
Family Feud Leads to Overturned Will A recent decision in the High Court case, Oliver v Oliver [2024] EWHC 2289 (Ch), highlights the complexities of inheritance disputes, the critical importance of testamentary capacity, and the absence of undue influence, even when a solicitor drafts a Will and a medical professional witnesses it. Background of the […]
continue readingNeed a Notary? Understanding This Essential Legal Service
Have you ever wondered what a notary public actually does? You may be surprised to learn that it involves more than just stamps and signatures! Notaries are highly trained legal professionals who provide peace of mind by verifying your documents and ensuring they meet legal requirements wherever you need them. Who Needs a Notary? Individuals […]
continue readingWhat to Do When a Bank Account is Frozen After a Death
Losing a loved one is always challenging, and dealing with their affairs afterwards can add to the stress. Many people encounter a common problem: the deceased’s bank accounts are frozen, even with a financial Lasting Power of Attorney (LPA) in place. This can be challenging when you face immediate costs like the funeral. Why Accounts […]
continue readingKey Takeaways from the Autumn Budget for Your Estate
The Chancellor unveiled some significant surprises in the Autumn Budget 2024, particularly for those engaged in estate planning. While Inheritance Tax (IHT) thresholds remain frozen, substantial changes to pensions and Capital Gains Tax (CGT) could dramatically impact your estate planning. Here, we look at the key takeaways from the Budget and examine what measures you […]
continue readingDeathbed Drama: Will Revoked, Fortune Up for Grabs
Torn-Up Will Revoked? The recent High Court case of Carry Keats, a 92-year-old woman who tore up her Will on her deathbed, highlights the legal requirements for validly revoking a Will in England and Wales. This case is a stark reminder of the importance of clear intentions and testamentary capacity when making or changing end-of-life […]
continue readingCan Regular Gifts Really Lower Your Inheritance Tax Bill?
Inheritance Tax (IHT) is a critical consideration in estate planning. While established strategies like utilising the nil-rate band and potentially exempt transfers (PETs) are widely employed, a lesser-known yet highly effective approach involves gifting from surplus income. This method presents a unique opportunity to manage IHT liability while proactively providing beneficiaries with financial support. Advantages […]
continue readingThe Importance of Time When Challenging the Validity of a Will
Inheritance disputes are, unfortunately, all too common. If you believe a Will is invalid, you can challenge it in court. However, acting quickly is crucial. While no strict deadline exists for contesting a Will, delaying your challenge could seriously harm your chances of success. Grounds for Contesting a Will Unlike many other countries, the law […]
continue readingLiving Together? Don’t Rely on “Common Law Marriage” Myths
A new poll from the UK’s national will-writing campaign reveals a worrying misconception. Almost two-thirds (64%) of the estimated 3.4 million cohabiting couples in the UK wrongly believe their partner will automatically inherit their estate if they die without a Will. Younger couples are particularly prone to this misunderstanding, highlighting a critical need for greater […]
continue readingThe Gathering Inheritance Tax Storm
Why Your Will Matters More Than Ever The financial landscape of inheritance in the UK is on the cusp of change. Whispers of potential reforms to inheritance tax (IHT) are escalating, and the steady rise in contested Wills highlights a growing issue. With a significant proportion of the population depending on inheritances to secure their […]
continue readingUnlocking the Power of Will Trusts
Will Trusts are a step beyond standard Wills, offering unique and often powerful benefits. Trusts can provide enhanced control and protection for your assets, potentially reducing inheritance tax and safeguarding your loved ones’ inheritance. This additional layer of control can give you greater peace of mind and ensures that your wishes are carried out even […]
continue readingWho Decides What Happens to Your Body After You Die?
Your Body, Their Decision? Many people mistakenly believe their wishes in a Will are legally binding when it comes to what happens to their body after death. This misunderstanding can lead to unexpected and sometimes painful disputes among surviving family members. While the Law Commission may have started a long overdue review of the “ancient […]
continue readingBeyond Bereavement: The Executor’s Burden
Being appointed as an Executor is an honour. It signifies a deep trust and respect from the deceased. Yet, amidst the grief and remembrance, it’s vital to recognise this role’s potential challenges and personal liabilities. These challenges can range from navigating complex legal obligations such as probate and tax filings and managing potential disputes among beneficiaries to fulfilling fiduciary […]
continue readingSmooth Sailing: Make Your House Move Stress-Free
Buying or selling a property is exciting, but the conveyancing process can sometimes throw a few curveballs. Pitfalls can still arise along the way, even when everything looks straightforward. An experienced property lawyer will ensure all legal aspects are handled correctly and on time. They will do everything possible to ensure the transaction runs smoothly […]
continue readingLPAs: Removing or Appointing Replacement Attorneys
When you make a Lasting Power of Attorney (LPA), you entrust the management of your affairs to individuals you trust implicitly. But what if life throws a curveball, and you need to replace an existing Attorney or clarify the role of replacement Attorneys? Circumstances can change unexpectedly. The person you appointed may have passed away, […]
continue readingHousing Reform: A New Landscape for Homeowners and Renters
The UK housing market is undergoing a significant transformation, with several key pieces of legislation to create a fairer and more transparent system for homeowners and renters. The recently enacted Leasehold and Freehold Reform Act 2024 (LAFRA), the forthcoming Leasehold and Commonhold Reform Bill (LCR Bill), and the proposed Renters’ Rights Bill (RR Bill) collectively […]
continue readingDeathbed Gifts – Last Wishes or Legal Limbo?
The concept of deathbed gifts, known legally as donatio mortis causa (DMC), is a centuries-old tradition in English law. It allows individuals to bequeath assets outside the formal Will-making process. It provides a way to express final wishes directly to loved ones in anticipation of death. However, while the concept seems simple, DMCs often entail […]
continue readingOver 127k Lasting Powers of Attorney Rejected – Get Yours Right
The importance of Lasting Powers of Attorney (LPAs) is gaining traction, as evidenced by a 37% increase in LPAs registered in 2023. While this trend is reassuring, the overall picture remains concerning. Less than 1% of the adult population has LPAs in place, and 60% of individuals over 75 still need to make these crucial […]
continue readingSupreme Court Uproots Landowner Rights in Knotweed Case
This year’s weather patterns – a wet spring followed by intense summer heat – have created a perfect breeding ground for the rapid spread of Japanese knotweed. This invasive plant, known for its destructive capabilities and the costly legal disputes it can spark, thrives in these conditions. It has grown at an alarming rate, posing […]
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