Obviously, no one likes spending money on unnecessary legal fees and it is tempting to leave the administration of a deceased individual’s estate in the hands of friends or family. As with many choices which look like a good way to save money initially, the risks of letting non-solicitors handle the administration of an estate […]
The role of a Trustee is to hold property for the benefit of the beneficiaries of the Trust and to administer the Trust in accordance with both the general law and the specific provisions of the Trust document.
Parents or grandparents may wish to set money aside for their children/grandchildren by way of lifetime gift. For small sums, the money can be given to the child’s parent or guardian to invest on the child’s behalf…
The recent case of ‘the guiding hand’ demonstrates once again, the advantages of using an experienced legal adviser when getting a Will and Lasting Power(s) of Attorney put in place to avoid costly probate disputes or abuse by third parties. We not only advise it for high-net-worth individuals but for all and everyone. Basically, documents should […]
We have previously commented on the plans from the Government to overhaul the charging bands relating to how probate fees are paid. The last couple of days have proved to be interesting times for the proposals, as the joint committee on statutory instruments has suggested the changes many not be legally enforceable. The report from […]
Many legal claims including claims for property or breach of contract can survive the death of a claimant. This means a claimant’s estate can sometimes continue a claim, even after the claimant has passed away. However, in February 2017, the High Court ruled that such claims do not include claims under the Inheritance (Provision for […]
It is not at all uncommon for clients to tell us that they have never heard of Lasting Powers of Attorney (‘LPAs’) or, if they have, that they don’t need one until they’re older. However, the importance of LPAs cannot be overestimated. What is a Lasting Power of Attorney? In short, it is an insurance […]
When it comes to wills for unmarried couples, it is a common misconception that an unmarried partner has similar inheritance rights to those of a wife/husband/civil partner, should their partner die without leaving a Will (intestate). This is not the case and the death of a partner (no matter how long-term the relationship) may leave […]
Many of us would love to be able to give more to charity, if we felt we could afford it. But being cautious animals we generally confine our giving to collecting tins and modest monthly payments to our favourite charities. Why not consider making a more substantial gift to charity, in your Will? This is […]
There are many reasons why the beneficiaries of a Will (or intestacy) may wish to give away some or all of their inheritance, such as: To pass assets down to the next generation To remedy a perceived unfairness in the effect of the Will or intestacy To settle a potential claim against the estate To […]
Media interest in Court cases involving end-of-life treatment remains intense and more than ever we are made aware of the complex legal and ethical questions involved. Many people feel strongly that they would not wish to be kept alive in circumstances where there is no hope of recovery and no quality of life, but is […]
If you are thinking of selling your house we suggest that you contact us before the property is put on the market. You will have enough to manage in the move itself, with arranging and contacting for removal services, schools, utility companies etc without having to deal with the legal issues but if you still […]
Appointment of Executors These are the persons who will, after your death, deal with the administration of your estate. This will involve making an inventory of your assets and liabilities, obtaining valuations, settling any Inheritance Tax payable, applying for and obtaining a Grant of Probate, collecting the assets, paying the debts and legacies and distributing […]
The Marriage (Same Sex Couples) Act 2013 (M(SSC)A 2013) came into force on 13 March 2014, making same-sex marriage legal in England and Wales from 29 March 2014. The rights of a same-sex married couple are the same as those of civil partners, including: Transfers of assets between them are exempt from inheritance tax Their […]
As from 9 October 2007 it has been possible for spouses to transfer their unused nil rate band allowances, so that any percentage of the nil rate band that was not used when the first spouse died can be carried forward and used on the death of the second spouse, in addition to his/her own […]
When a person dies, someone has to take responsibility for dealing with their property, debts and distributing the estate. The person dealing with the estate administration will normally be required to provide proof that he has the legal authority to deal with the deceased’s affairs, in order to close bank accounts, sell shares and otherwise […]
In general, no capital gains tax (CGT) is payable when you sell your main residence. This is due to principal private residence relief (PPR). However, the First-Tier tax tribunal recently upheld a decision by HMRC that Mr Gibson was not eligible for PPR on the sale of a new house, built on the site of […]
We recommend that you review your Will at least every 5 years. The law (and in particular tax law) is constantly changing.Since you made your Will these legislative changes may mean that the provisions of your Will are no longer the most appropriate for your circumstances. Equally, your circumstances themselves may have changed. For example, […]
You may think you don’t need to make a lasting power of attorney because your money is held in a joint bank account with your partner. Most people assume that if they were to suffer a stroke or develop dementia, their partner would be able to carry on operating the account and would continue to […]
Buying land free from Chancel repair liability When you buy property (whether residential or commercial property) one of the key tasks of your solicitor is to check for any potential hidden liabilities. Though the system of Land Registration is aimed at achieving transparency, there is still a little way to go and one such potential […]
Marrying for a second time, after divorce or bereavement, marks the start of a wonderful new chapter in life and you and your new partner will be looking forward to a long and happy future together. However, when it comes to making Wills, you may feel you are stuck between a rock and hard place […]
As an attorney acting under a lasting (or enduring) power of attorney, you will usually be able to make day to day decisions on behalf of the donor without resort to professional advice (except perhaps in relation to suitable investments). However, there are times when professional advice and guidance should be sought. For example, you […]
You may be the attorney or deputy of a person who no longer has mental capacity (P) to manage his own financial affairs. If you are an attorney, P will have appointed you as such, while he still had mental capacity. If you are a deputy, you will have been appointed by the Court of […]
Going through a divorce is unpleasant for both parties and there are a lot of difficult decisions to make and issues to consider at that time, which can seem overwhelming. It is important, however, that you update your Will (or make a Will for the first time) as soon as you take the decision to divorce. You do not need to wait for financial matters to be agreed or for the decree absolute to be granted.