The Importance of Capacity When Making Your Will

Assessing a client’s testamentary capacity is crucial for lawyers drafting wills. 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 to assess a person’s capacity by obtaining an assessment from a […]

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). Many European countries operate (in varying forms) reserved or forced heirship rules. It’s conservatively estimated that over 1.5 million Brits still own property in France or Spain, […]

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. Unfortunately, they left more than just their fame behind. Aside from their wealth, they provoked bitter family arguments, avoidable taxes, and numerous costly lawsuits. However, it’s not […]

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 A Court of Protection Deputy has ongoing responsibilities. Their role continues until the Court officially discharges them, the person they’re assisting passes away, or the Deputy themselves dies. If the person you are Deputy for dies, any Court of Protection application or order will end. However, the Deputy must provide both […]

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 […]

Buying a house with your partner?

Buying a property with your partner is exciting but a big commitment. Moreover, it’s not usually a step you take if you don’t know each other well. After all, getting onto the property ladder isn’t always easy or cheap. So, once you’ve agreed on the area, type of house and your budget, it’s best to ensure […]

What happens if I want to dispute a Will?

It should be a simple process: making a Will so your loved ones are looked after as you’d like. But we are all living longer, often at increased risk of dementia. The fabric of family life has become more complex, with divorce and blended families commonplace. So it’s perhaps not surprising that disputes involving Wills […]

Mirror or Mutual Wills – What’s the Difference?

When couples think about making their Wills, invariably, they do them together. In most cases, they want the same thing. They’re keen to sort out their affairs so they’re cared for when one of them passes away, and they broadly agree about what to do about their children and who should be left an inheritance. Frequently, […]

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 fewer than 50% of the UK’s adult population have made a Will. Furthermore, experience over the past months shows that circumstances can change quickly […]

Can You Remove or Replace an Executor?

If you think an Executor is doing a poor job of managing the estate of a loved one, it may be possible to remove or replace them. But it’s far from straightforward. Executor’s Responsibility An Executor is appointed in a Will to manage the deceased person’s estate. They are responsible for distributing the person’s money […]

Why You Must Make a Lasting Power of Attorney

Lawyers are always talking about the benefits of making a Will. But, of course, in drawing up your Will, you’re making provision for those you care about after you die. But too few appreciate why they must also make a Lasting Powers of Attorney (LPA). Let’s face it, few of us like to think about […]

Inheritance Arguments in Blended Families

Blended families are common features of modern life. Moreover, 2022 government statistics show that multi-family households are the fastest-growing category. And legal, financial and practical problems often cause tension. So, it’s essential to consider how couples can provide for each other and their children without causing unnecessary hardship and corrosive family arguments.  Common Triggers In […]

Modern Families in The Current Legal Landscape

The world is unrecognisable since the Wills Act of 1837 became law. Furthermore, the continued rise in inheritance disputes demonstrates how the current legal landscape isn’t in sync with the needs of modern family life today. Rates of opposite-sex marriage continue to fall in England and Wales, with recent official (ONS) statistics recording only 213,122 […]

Partnerships & Accreditations