Understanding The Process of Buying a House

Understanding the process of buying a house, especially when it’s your first time, is far from easy. It can seem long-winded and shrouded in legal jargon. So, if you can get your head around buying a house, you’re less likely to be surprised. It might even become a pleasurable experience. So, what’s first? 1. Mortgage…

Choosing a Professional Executor

Anyone who makes a Will must appoint an Executor, and many choose a close friend or family member. But, remember, the role of an Executor carries significant responsibility and risk. So, before you decide, consider the benefits of choosing a professional. Key benefits include the following: 1. Less Stress & Risk Acting as an Executor can…

The Importance of Capacity When Making Your Will

For lawyers, one of the most important parts of drawing up a Will is assessing a client’s fitness to make their Will. 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…

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…

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…

What Happens to Deputyship When Someone Dies?

Court of Protection Deputyships At its simplest, the role of a Deputy appointed by the Court of Protection will not stop until the Court discharges the Deputy, the person who is the subject of the Deputyship order dies, or a Deputy dies. If the person you are Deputy for dies, any Court of Protection application…

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…

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 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…

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). Ultimately, the Court of Protection ordered the Office of the Public Guardian to cancel the registration of a lasting…

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…

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…

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.…

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