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 […]

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 […]

Partnerships & Accreditations