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…

Can You Leave Your Estate to Anyone You Choose?

Fundamentally, English law upholds the principle of testamentary freedom. In other words, the person making a Will (known as the testator) can leave their estate to anyone they choose. However, there is an exception. In England, the Inheritance (Provision for Family and Dependants) Act 1975 safeguards family members from being disinherited. Anyone eligible spouse, civil…

We’re buying a house – what’s involved in the conveyancing process?

Buying your first home is considered one of the most stressful things you can do. Costs can soon mount up. The jargon, obscure terminology and legalities can put your head into a spin. You’ll hear the term ‘conveyancing’ a lot before you pick up your keys. And the process can seem like an overwhelming prospect.…

Is It Easy to Challenge a Will Based On Forgery?

Challenging a Will because you believe it’s a forgery isn’t easy. You may think you have solid evidence but putting your argument together isn’t always straightforward. The recent case of Rainey v Weller tells us why. Rainey v Weller [2021] EWHC 2206 (CH) Claims over the validity of any Will invariably raise issues over capacity,…

Planning ahead? Be smart about what you leave behind.

When you’re gone, you’ll want all your hard work to fully benefit your family and loved ones. But Inheritance Tax liability can reduce the size of the estate you are able to leave behind. Be smart and plan ahead. If your estate is worth more than the threshold for Inheritance Tax, there are things you…

Challenging Wills – How To Mitigate The Challenge

Following on from our previous article on the successful challenge, we now set out how the mother could have done things differently to ensure her wishes were respected. There is nothing that you can do to prevent a challenge to your Will or gifts made in life, but you can make it harder with correct…

The Role of Discretionary Trusts in Your Will

It’s not uncommon to set up a Discretionary Trust in your Will. This mechanism allows you to ringfence some or all of your Estate, often to support a loved one who is vulnerable or unable to manage their own affairs. Or safeguarding cash or assets for loved ones going through a divorce or a period…

Probate Fees May Rise as Delays Continue

Professional bodies, including the Law Society, have criticised the Ministry of Justice’s (MoJ) plans to raise probate fees at a time when bereaved families are still encountering long delays in processing grant of probate applications. But the government claims that HM Courts & Tribunals Service (HMCTS) currently operates at a loss, places an unjustifiable burden…

Your Will, Your Family & Inheritance Disputes

Disappointed beneficiaries take family members to court over their inheritance (or lack of it) more than ever before. Notwithstanding the sharp spike in court cases last year, many inheritance disputes are settled out of court after a lot of (expensive) legal to-ing and fro-ing. Inheritance disputes are destructive and expensive. But, with careful planning and…

Sharing Your Home With Someone

Thinking about asking a friend or family member to move in isn’t a rare thing these days. Sharing your home with someone who contributes to the mortgage and running costs often makes a real difference. But personal circumstances vary, and the motivation behind making the decision is rarely straightforward. So, it’s a good idea to…

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…

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…

Partnerships & Accreditations