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 […]

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.

After you’re gone, you’ll want all your hard work to benefit your family and loved ones. However, inheritance tax can reduce the size of the estate you can leave behind. Be smart and plan ahead. If your estate is worth more than the threshold for Inheritance Tax (IHT), there are things you can do 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 […]

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 Sanlam […]

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 […]

Rise in Inheritance Disputes and Rights of Cohabitees

Inheritance disputes taken to court reached a record high last year, according to the Ministry of Justice. This increase is largely due to the rise of non-traditional families, including more unmarried couples living together. Long-term cohabiting partners, second or third spouses (often with children from previous relationships), and others who feel they have a claim […]

Putting Your Will at The Top of Your To-Do List Matters

Over two-thirds of the UK’s adult population haven’t made a Will. What’s more, over 1.5m people have voided their Wills without realising, by getting married. Worryingly, recent data from a Royal London survey also shows that 5.4m of us wouldn’t know where to start and almost two-thirds of parents don’t have a Will or have […]

Help to Buy Equity Loan Schemes: Old & New

The government’s Help to Buy Equity Loan scheme has offered a helping hand to many during the COVID-19 crisis. However, they may have stepped in back in July to help those in need by extending the build deadline, but it’s clear that a further extension of this scheme isn’t on the cards. Instead, the government’s […]

Accuracy Matters When Leaving Legacies to Charities

Leaving Legacies – Knipe v British Racing Drivers’ Motor Sport Charity & others When it comes to leaving legacies to charities, it’s not uncommon to find drafting errors in a Will. It might be that the charity no longer exists when the person dies, or the recipient isn’t correctly named. The recent case of Knipe […]

Rearranging Your Inheritance & Deeds of Variation

A deed of variation is not a euphemism for rewriting someone’s Will after they’ve died. It’s a document that legally allows the beneficiaries some flexibility to rearrange their inheritance or change the distribution of the estate. This device, sometimes known as a deed of family arrangement, can be useful if a Will doesn’t take account […]

Probate Registry Delays

Probate Registry delays is a subject we’ve discussed many times in the last couple of years. In 2017, the proposed hike in probate fees caused a flurry of applications and subsequent delays. The centralisation and digitalisation of the Probate Registry itself further compounded the problem. However, it still seems that the process that should take […]

Siblings Fight Over Fabricated Copy Will

Photocopied Will: Face v Cunningham & Anor [2020] EWHC 3119 A recent contentious probate claim brought by Rebeca Face against the Estate of her late father, Donald Face, was dismissed by High Court Judge David Hodge QC as ‘totally without merit’, based on a ‘fabricated document’. Rebeca’s siblings argued that the photocopied Will submitted by their […]

Unclaimed Estates & Finding Missing Beneficiaries

Many people are inspired to delve into their pasts by watching programs like ‘Who Do You Think You Are’. They find out whether their relatives are worthy of further investigation. The key to making this process accessible is digitising census records and the internet. Yet, when it comes to unclaimed Estates and finding relatives who […]

Applying For Probate

It’s a common misnomer to think that preparing a Will removes the need for Probate when you die. When Probate Is Needed By law, in England and Wales, you only need to apply for Probate if something requires it. However, to protect yourself and avoid issues or challenges from beneficiaries when dealing with the Estate, […]

Acting as an Attorney or Deputy During Covid-19

Acting safely as a Deputy or Attorney during Covid-19 is concerning for many. However, outside the need to follow a robust social distancing regime, shielding and self-isolating when necessary; the roles and responsibilities for Deputies and Attorneys remain the same. Responsibilities During the CoVid-19 Restrictions  Working closely with the Ministry of Justice (MoJ), the Office […]

Discretionary Trusts & Rights of Beneficiaries

Trusts can be used for many reasons. They can be structured to suit particular circumstances and beneficiaries. But what rights do beneficiaries have under the terms of a Discretionary Trust? Discretionary Trusts A Discretionary Trust gives greater power to the Trustees. They choose what they give to your beneficiaries and when. This flexibility is why […]

Personal Possessions, Your Will & Your Beneficiaries

When making a Will, you might naturally focus on distributing your major assets—your home, properties, savings, and car. However, the smaller items, your personal possessions (or “chattels“), often cause the most friction after you’re gone. While the monetary value of these possessions is usually tiny, their sentimental value is often immense. Disputes over who gets what can […]

Benefits of Lasting Powers of Attorney

The Office of the Public Guardian (OPG) has launched a targeted campaign aimed at educating the public about the benefits of making Lasting Powers of Attorney (LPAs). Prompted by recent OPG research and due to launch across the UK, the new campaign videos are focused on increasing the number of LPA registrations by promoting the […]

The Importance of Making A Will

Whether for tax purposes or for a real desire to help a cause that matters to you, most of the UK’s population support leaving a legacy to charity in their Will, once their family has been provided for. But a startling 30 million of us have yet to make a Will in the first place. […]

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