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 […]

Legal Rights For Unmarried Couples

Despite the trend for cohabiting, the law hasn’t caught up for unmarried couples. Many in a long-term relationship still think that under “common law”, they’re automatically entitled to a share of any property they have lived in if one partner dies or they separate. Sadly, this isn’t the case. Cohabiting couples in England and Wales […]

Appointed Executor Removed by The Court

Acting as an executor is not a job to be taken lightly. An executor or personal representative must always act in the best interests of the estate and the beneficiaries. Their role is to wind up the deceased’s estate and distribute the assets according to their wishes. However, their suitability and performance (or lack of) […]

Widow’s Reasonable Financial Provision Claim Rejected

Marriages often end after many years, sometimes with couples separating but remaining legally married. If a couple is in the process of divorcing when one spouse dies, how does this affect “reasonable financial provision” and their Will? Ramus v Holt & Ors (Re Estate of Christopher Stewart Ramus) [2022] In this recent case, the claimant, […]

Councils Must Take Care On Care Finance Decisions

Based on lessons learned from many complaints the Local Government and Social Care Ombudsman (the Ombudsman) has received, English councils have been warned to take extra care when making care finance decisions. The new guidance acknowledges councils have made mistakes and stipulates that they must “fully explore the reasons for disposing of an asset” before […]

Why You Should Make a Will

Whether for tax purposes or for a real desire to help a cause that matters to you, in 2021, over 60% of the UK’s population supported leaving money to charity in their Will, once their family has been provided for. Yet less than half of us who own a property, have actually made a Will […]

Managing Someone’s Affairs Without Powers of Attorney

If someone close to you loses mental capacity and they don’t have a Lasting Power of Attorney (LPA) in place, it can leave you and your family in a tricky situation. It’s too late to be appointed as their Attorney because the person making the LPA (called the Donor) can only create an LPA when […]

Questions To Ask Before Choosing Your Attorney

A Will and Lasting Powers of Attorney (LPAs) are essential parts of any Estate plan as they provide many protections for the future. However, when you decide to make LPAs, it’s easy to underestimate the responsibility an Attorney takes on. As a result, some Attorneys find they can’t cope with the demands of the role, […]

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). Thirteen years after a lasting power of attorney was granted, the Court of Protection ordered the Office of the […]

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 […]

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 […]

Partnerships & Accreditations