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…

Unclaimed 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…

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

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…

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.…

The Benefits of Leaving Money to Charity

Making a Will is the only way to decide who benefits from you after your death. Naturally, making sure your family is looked after financially is an important consideration. However, there are benefits to leaving money to charity too. It means you’re not only supporting a worthy cause but your gift or legacy can also…

Care Costs & Protecting Your Assets

We’re all living longer and longterm care costs are significant. So, protecting your assets is something you should look at sooner rather than later. Plan Ahead & Stay in Control Amid other very serious issues, the government is still being lobbied hard to get to grips with funding the cost of care. However, not surprisingly,…

Recent Case Proves Persuasion Is Not Undue Influence

The recent case, Coles v Reynolds & Another [2020] EWHC 2151 (Ch), shows clearly how persuasion isn’t the same as ‘undue influence’ when it comes to challenging a Will. The case involved a dispute between two sisters over their mother’s Will. Made in May 2012, the mother had changed her previous Will. This had divided…

Emails and Digital Accounts May Affect Your Estate

Today, most people’s lives are consumed by digital technology, social media and the internet. It’s estimated that 59% of the global population, were actively using the internet in July 2020. But have you thought about how your digital footprint, your emails and digital accounts – your ‘digital assets’ – may affect your estate? The simple…

Adult Child Loses Inheritance Act Claim

In recent years, Inheritance Act claims by those who feel they have been unfairly cut out of a Will have escalated. However, a recent “absolutely hopeless” case brought by an adult child, under the Inheritance (Provision for Family and Dependants) Act 1975, highlights how such litigation is uncertain, stressful and often costly. The Case –…

Avoiding Family Disputes Over Your Will

There’s been a sharp increase in disputes over Wills in recent years. Last year alone saw a 60% increase of claims on estates by disappointed beneficiaries going through the courts. And, considering many cases settle out of court, the reality is that the increase is likely to be much higher. Some may think this rather defeats…

Statutory Legacy Amount to Increase

The amount a surviving spouse or civil partner can inherit (when there isn’t a Will) is set to change. Known as the statutory legacy, the limit, which was set at £250,000 in 2014, will rise to £270,000 on 6 February 2020. Statutory Legacy Limit Increase The increase has broadly been welcomed by most professionals. Nonetheless,…

Challenging Cost of Caring for the Elderly

The cost of care for the elderly isn’t far from the headlines these days. And it’s not without controversy either. Many of us may recognise the benefits of home care, but the cost of a commercial arrangement is beyond the reach of most. So, it’s likely that children or other family members will step into…

What are the Benefits of a Personal Injury Trust?

A Personal Injury Trust works pretty much the same way as most trusts, in that the Trust is created to manage assets (money, investments, land or buildings) for people. But there are several tangible benefits to setting up a Personal Injury Trust for those who will need long-term care following a severe injury. The main…

Equity Release Still on the Rise

According to a recent study commissioned by LV= equity release is still on the rise. Figures just out report an increase of 77% increase in sales from equity release products. And the overall equity release market in the UK reached an all-time high of £3.9bn for 2018. Could be Mainstream in a Decade Furthermore, LV=’s…

Probate Fee Increase Scrapped by Government

Dubbed the ‘stealth or death tax’ by many commentators, plans to increase probate fees up to a maximum of £6,000, have now been scrapped. Ministry of Justice Announcement Originally announced last November, Secretary of State for Justice, Robert Buckland, has now reversed the decision to change the current flat-fee structure in England and Wales to…

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