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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…
continue readingIs 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,…
continue readingPlanning ahead? Be smart about what you leave behind.
When you’re gone, you’ll want all your hard work to fully benefit your family and loved ones. But Inheritance Tax liability can reduce the size of the estate you are able to leave behind. Be smart and plan ahead. If your estate is worth more than the threshold for Inheritance Tax, there are things you…
continue readingShould 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…
continue readingAre 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…
continue readingIs 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…
continue readingRise in Inheritance Disputes and Rights of Cohabitees
According to figures released by the Ministry of Justice, the number of inheritance disputes being heard in Court reached an all-time high last year. A significant factor driving the increase is the growth of less traditional family structures including the prevalence of unmarried couples living together. Undoubtedly, long-term cohabitees, second or third spouses with children…
continue readingPutting 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…
continue readingHelp 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…
continue readingAccuracy 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…
continue readingRearranging 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…
continue readingProbate 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…
continue readingSiblings 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…
continue readingUnclaimed Estates & Finding Missing Beneficiaries
Many people are inspired to delve into their pasts by watching programs such as ‘Who Do You Think You Are’. They find out whether their relatives are worthy of further investigation. And the key to making this process accessible is the digitisation of census records and the internet in general. Yet, when it comes to…
continue readingApplying 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,…
continue readingActing 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…
continue readingDiscretionary 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…
continue readingPersonal Possessions, Your Will & Your Beneficiaries
You could be forgiven for thinking that in drawing up your Will, the most important things to consider are how to distribute the larger items that make up your estate. Things like your home, other property, savings and your car. However, it’s how you deal with the little things in your Will, your personal possessions…
continue readingBenefits 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…
continue readingThe 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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