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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 […]
continue readingThe Importance of Capacity When Making Your Will
Assessing a client’s testamentary capacity is crucial for lawyers drafting wills. 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 to assess a person’s capacity by obtaining an assessment from a […]
continue readingCan 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 […]
continue readingWhy 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 […]
continue readingCourt 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). Thirteen years after a lasting power of attorney was granted, the Court of Protection ordered the Office of the […]
continue readingMarriage, 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 […]
continue readingBenefits 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. […]
continue readingBeing 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, […]
continue readingDivorce & 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. It’s widely believed that the decision made in this case will affect estates involving […]
continue readingAssessing 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 doubts their capacity, how a practitioner establishes this is very important. Since the ’70s, it’s become best […]
continue readingCan 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.
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 […]
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 Sanlam […]
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
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 […]
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 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 […]
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