Will the EU Succession Regulations (Brussels IV) Affect Your Estate if You Own Property Abroad?

The principal aim of the EU Succession Regulations (EU 650/2012) (also known as Brussels IV) was to unify succession laws across EU member states. Brussels IV has been in place since 17 August 2015. Whilst the UK (and Ireland and Denmark) opted out of this legislation, it’s still relevant to any UK resident individuals who […]

Continued Delays in Probate Applications

Despite announcing that they issued 960 grants in a single day in May, the new online probate application process, introduced by the HM Courts and Tribunals Service (HMCTS) in March 2019, continues to wreak havoc. Historically, the application process took between two to six weeks. But teething problems with the new software have meant the […]

Implications of Serious Probate Registry Delays

In early 2019, the government launched a new £1 billion online probate service designed to simplify the process and ease the burden on grieving families. However, the system has experienced significant problems, leading to serious delays and financial uncertainty for those affected. Reports indicate waits of up to six weeks just to receive an IHT421 […]

Reinvigorating commonhold – will it work?

In light of recent controversies and issues with the traditional leasehold ownership of properties, the Law Commission is pushing commonhold ownership as a viable alternative. Consultation paper In their Consultation Paper entitled Reinvigorating commonhold: the alternative to leasehold ownership the Commission outlines how commonhold ownership would work in practice. The paper closely examines what impact […]

Government trial for Reservation Agreements

The government recently announced a trial of home-buying reservation agreements. So, what does this mean? Home sellers face a significant risk of buyers dropping out at the last minute, potentially derailing their own move. This is a common problem. Naturally, this risk and the fear of being gazumped (outbid after accepting an offer) make many […]

Brexit delays implementation of so-called ‘stealth tax’

Back in December 2018 we wrote a short short article about the Government’s controversial plans to increase probate fees this year. The reforms, expected to raise over £155million for the Treasury, were due to come into effect on 1 April 2019. Now it seems, they’ve been put on hold due to lack of parliamentary time. […]

Can I bring an Inheritance Act claim out of time?

Dealing with Wills and inheritance, especially knowing how and when to bring a claim against an estate, can be complicated. Circumstances and relationships change over time. Legal documentation may not reflect the situation as it really is when a person you are close to dies. Pursuing claims against someone’s estate The Inheritance (Provision for Family […]

Choosing the right person be your Power of Attorney

Granting Power of Attorney to the right person is the best way to protect your legacy and assets. But this is an important appointment which gives authority to another person to act on your behalf. So choosing the right person to become your Attorney or agent, is crucial. Naturally, making the decision can play on […]

WARNING – 14 Year Inheritance Tax Trap

Can gifts still be subject to Inheritance Tax 14 years later? Many will be familiar with the seven-year rule relating to gifts for inheritance tax (IHT) purposes. Assuming you survive for seven years from the date of making the gift, this gift can be excluded from your estate after you die. However, there is also […]

What is the difference between a Lasting Power of Attorney and a Deputy?

It’s easy to get confused about the difference between a Lasting Power of Attorney (LPA) and a Deputy. Both are legal appointments that allow someone to manage the affairs of a person who lacks mental capacity. We’re all living longer, increasing the likelihood of losing mental capacity and the ability to manage our affairs. Therefore, […]

What exactly is a Notary Public?

When do you need one? For the layman, understanding who does what and why within the legal profession is a little confusing. But having a basic understanding of the different roles and processes should help. To start with, our quick guide below sets out what a Notary Public is, what they do and when you […]

A New Year. Time to make a new Will.

Thinking about a new Will? Many consider making changes at the start of a new year, planning for a better future. Yet, surprisingly, few have taken this crucial step to protect themselves and their families. Be Prepared Over half of UK adults don’t have a Will, leaving over 30 million unprepared for death—whether unexpected or […]

Selling your house this year – how can you best prepare?

It’s a new year when many of us re-evaluate our lives and consider making changes, such as selling our homes. Whether you’re looking to cash in, downsize, relocate to a more desirable area, or move closer to a good school, January can be an advantageous time to sell. The market is typically less competitive, meaning […]

Probate fee hike unlawful?

Changes to Probate Fees Starting in April 2019, the government plans to increase probate fees based on estate value. Despite widespread criticism, the Ministry of Justice (MoJ) confirmed these controversial changes in November. The Institute of Chartered Accountants in England and Wales (ICAEW) and the Joint Select Committee on Statutory Instruments have criticised the MoJ, […]

How long will it take me to buy a house?

How long does it take to buy a house? Like most purchases, buying a house can be straightforward, but it often isn’t. Many factors can complicate the process. The timeline varies greatly, regardless of your circumstances or how prepared you are. The best answer to “How long?” is often, “It depends.” There are no official […]

Statutory Wills – what are they for?

Statutory Wills offer robust protection for vulnerable people, protecting them from potential contentious claims after they die. When someone who has not made a Will loses mental capacity, it is possible to apply to the Court to make a Statutory Will. Establishing what will happen to their home and valuables, including money, when they haven’t been […]

The Help to Buy scheme – is it for everyone?

Launched in April 2013, the government’s Help to Buy Scheme was introduced to help first-time buyers get a foot on to the property ladder. Heralded by many as an enormous success story, the value of properties sold in the first 4 years reached £39.28 billion. And, according to official government statistics, most of the home […]

Free Wills. Read the small print – it can cost thousands if you don’t!

Free wills. Too good to be true? Offering to prepare wills for free, or for a small fee. It’s common practice. The deals sound harmless enough. Until you look at the small print. Take High Street banks as a case in point. According to latest news reports, it’s estimated over 1.5m wills have been written […]

My father left a will – do I need to apply for probate?

It’s a misnomer that Probate is not needed when someone has left a will. If the Estate is valued above the Probate threshold and the assets were held in the deceased person’s sole name, then Probate will be needed. Where do I start? 1. By finding the will. There is no legal obligation to register […]