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…

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 an 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…

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…

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…

Protecting your online accounts after you die

Planning what happens to your assets when you die is expected; you’ve probably at least given it a passing thought. But in today’s digital age, things have got a little more complex. With so much of our lives lived online, almost everyone creates a digital footprint. This includes social media accounts, bank account log-ins, music…

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. Moving into the house of your dreams seems to depend on other transactions running smoothly. Property chains are commonplace, even if you’re a first-time buyer. LIt’sikely, the person selling you their house…

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 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.…

Why DIY Wills Can Cost A Fortune

Pitfalls of Do It Yourself Wills DIY Wills are very tempting. And easy to find. Check online and you’ll be able to download a form and complete a Will in less than an hour. In some cases, for less than £10. But in writing a Will for yourself, you could end up leaving your family…

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. And 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 has doubts about their capacity, how a practitioner establishes this is very important. Since the ’70s, it’s…

Partnerships & Accreditations