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) – known as Brussels IV – was to unify succession laws across EU members 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…

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

At the start of 2019, a new £1bn online service was unveiled by the government. This was aimed at streamlining the probate application process and reducing stress on families. But not everything has gone to plan. Bereaved families have suffered lengthy delays, leaving them in financial limbo. Reports of up to six weeks at HMRC…

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 that that they will be testing the viability of home-buying reservation agreements. So, what does this really mean? Currently, if you’re selling a house, there’s a very real possibility that your buyers will decide to drop out at the last minute, leaving you with a headache and the chance of your…

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. And, 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…

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

So this can be confusing. A Lasting Power of Attorney (LPA) and a Deputy are both legal appointments which allow a person (or persons) to handle the affairs of a person who lacks mental capacity. It’s a fact of life these days, we’re all living longer. So the chance of losing mental capacity and the…

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 is, what they do and when you are…

A New Year. Time to make a new Will.

A new will? Maybe, you might say. Most of us think about making changes at the beginning of a new year, better still making plans for a brighter future. Yet, so few people have taken the most vital step in protecting themselves (and their family) by making a Will. Be Prepared More than half the…

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

It’s another new year. A time when we all re-evaluate our lives and look to make positive changes. This could mean selling your home for several reasons – to make money, to downsize, to move to a more exciting (or relaxing) area or maybe closer to a good school. January is considered a good time…

Probate fee hike unlawful?

From April 2019, the government is planning rises in probate fees according to the value of the estate left by an individual in their will. Whilst the Ministry of Justice (MOJ) confirmed their controversial plans in November to press on with their planned changes, they have done so amid widespread criticism. Both the Institute of…

How long will it take me to buy a house?

Like making most purchases, you could expect buying a house to be a straightforward affair, and it can be. But there are complexities and a myriad of reasons that can make it anything but ‘simple’. The length of time it takes to get the purchase over the line can vary a lot, no matter who…

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…

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…

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