Category: Wills & Probate

New Case Study – Excluding ’75 Act Claims After Death

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 […]

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Attorney Applications to The Court of Protection

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 […]

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Gifts – Attorneys & Deputies

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 […]

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Wills for the Divorced – A Guide

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.

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Wills for Unmarried Couples – A Guide

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 […]

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Wills – Gift To Charities

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 […]

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Variation of Wills – Deeds of Variation

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 […]

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ADRT & LPA – Compare and Contrast

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 […]

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Selling Your House? – Why You Need rhw’s Services

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 […]

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Wills – A Useful and Simple Guide

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 […]

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Inheritance Tax – Transfer of Nil Rate Band

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 […]

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Wills & The Marriage (Same Sex Couples) Act 2013

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 […]

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Capital Gains Tax – HMRC Relief Decision

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 […]

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Grant of Probate & Letters of Administration

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 […]

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Joint Bank Accounts & Mental Capacity

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 […]

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Wills – How Often Should You Review?

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, […]

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Buying Land Free From Chancel Repair Liability

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 […]

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Second Marriages & New Families

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 […]

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