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Wills & Probate Blog

Our Wills and Probate solicitors regularly write about related legal topics and breaking news, we welcome your comments on our posts. If you would like more information on our services, please don't hesitate to get in touch on 01616 966 229.

 

What happens after probate is granted?

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After we have applied to the Probate Registry on your behalf, the grant of probate or letters of administration will then be issued. This will normally take a minimum of 16 weeks from the date the application is received by the Probate Registry. This...

Annual reports for Court of Protection appointed deputies

Rachel Haywood
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An annual deputy report must be completed for all Court of Protection deputyships. Deputies are required to complete an annual report each year explaining the decisions they have made as deputy and submit the report to the Office of The Public Guardian...

Power of Attorney Act 2023 - improving access to lasting powers of attorney

Charlotte Huxley
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A new bill, named the Powers of Attorney bill has just received royal assent on 19 th September 2023, initially brought before Parliament in June 2022. This new act is now named the Powers of Attorney Act 2023 and brings a number of changes to the...

What is a statutory legacy?

Georgina Williams
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When someone dies without leaving a valid Will, they die ‘intestate’. The law will then dictate who will receive the assets of the deceased. If you die intestate, and you are survived by a spouse or civil partner and by your child or children,...

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

Paige Richards
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Both Lasting Powers of Attorney and Deputyship Orders, are legal documents created to provide people with legal authority to make decisions on behalf of someone who has lost mental capacity. A Lasting Power of Attorney allows you to nominate someone...

If I have made a Will, do I need a Lasting Power of Attorney?

Emily Coleman
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A Will and Lasting Power of Attorney are different legal documents that serve different purposes. Having a Will in place allows you to choose who you would like to manage your affairs after death, this would be your Executor and you can choose who you wish...

Can a court appointed deputy be changed?

Rachel Haywood
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A deputy for property and finances is appointed by the Court of Protection, to manage the property and affairs of a person who lacks capacity to manage their own affairs. All deputies must act in accordance with the principles set out in the Mental Capacity...

Do I need a solicitor to administer an estate?

Charlotte Huxley
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In short, no, you do not need a solicitor to administer an estate however you may need to employ the services of a solicitor to assist you in certain circumstances, particularly if there is inheritance tax to pay, there are trusts or the deceased had...

What is the Court of Protection?

Paige Richards
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The Court of Protection is a court which makes decisions or appoints someone (a 'deputy’), to help make decisions on behalf of a person (a ‘donor’) who lacks mental capacity. Anybody can apply to become a deputy; however, they must be...

Why is making a Will important?

Georgina Williams
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A Will allows you to decide what happens to your estate when you die. If you do not have a Will, your assets will be distributed according to the laws of intestacy, and this may not align with your wishes. If you create a Will, you will have control over...

What do you need to do when someone dies?

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If you have just lost someone whether a friend or relative and you are wondering what the next steps are. This guide will take through the steps you need to consider and provide you with enough information to be able to carry out your duties...

What duties does an executor of a Will have?

Emily Coleman
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Being an executor of a Will has many responsibilities. It is the executor’s role to administer the estate of the deceased person. The duties of an executor involve sorting out everything the deceased person owned, including any property, money, and...

Can I leave my business in my Will?

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Owning a business does have an impact on how you should structure your Will. It is important to consider who you want to inherit your shares or business interest. Making a Will can allow the business to pass to whoever you choose to take it over. A...

Inheritance tax receipts reach record high

Rachel Haywood
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Inheritance tax (IHT) receipts have reached record highs this year and in its latest tax receipt data published on 23rd June 2022, HMRC said that the high relates to a combination of larger wealth transfers made during the pandemic and rising values in...

Do I need Probate even if there is a Will?

Sophie Holmes
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It is a common misconception that Probate will not be required when a person has passed away leaving a valid Will. In fact, the requirement for Probate depends on the type of assets in the estate, the value of these assets and the way in which they...

The online 'MyHMCTS' portal

Sophie Holmes
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Plans to make applying for Grants of Representation more accessible and streamlined were introduced by the UK Government in 2017 and applications via the MyHMCTS portal, an online case management tool for legal professionals, became mandatory in November...

Where to begin when a loved one passes away

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Unfortunately, many of us will find ourselves at some point in our lives having to administer the affairs of someone who has passed away. As family and friends come to terms with their loss, here at Stephensons we are often asked the question –...

Probate - who gets paid first?

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After someone dies there is a strict order for dealing with their estate. It can take many months because in a lot of cases a grant of probate will be required before any money can be distributed to beneficiaries. Our information on grants of probate ...

Can you fast track probate?

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Unfortunately there is no easy way of fast tracking probate . There is no special process that is available to do it or extra fee that you can pay to get it done faster than normal. Essentially there are three main stages and at various times you may...

Does the government social care costs cap mean that you don't need to worry about care home fees?

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The short answer is no. You still have to think about how social care costs and care home fees will impact on you and your family. The government announced in the autumn of 2021 that it intended to “fix” the social care crisis by raising...

Is the administrator of an estate responsible for debt?

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When a person dies, their debt does not die with them. It can be a common misconception that the debt is written off but this is for the most part untrue. After someone dies, their estate is handled by one or more executors. Or an administrator if they do...

Do spouses automatically have power of attorney?

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A power of attorney is useful in the instance that a person becomes incapacitated, or in need of help with making decisions. This can include decisions on their finances and their health. The types of power of attorney include ordinary power of...

I want to give my children some money to buy a house - are there any inheritance tax implications?

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Inheritance tax is complicated and there are all sorts of exemptions and allowances. So when tax planning you should always take specific advice from a solicitor or accountant. In simplest terms if you have property and assets, including a house or...

I am divorced - will my ex-spouse get anything in my Will?

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Divorce operates to treat your ex-spouse as if they had predeceased you on the divorce . That means that they cannot inherit under any pre divorce Will but it could mean, depending on the terms of that Will, that your estate or parts of it fall to be...

Do I need to update my Will if I move house?

Katie Mayren
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You should definitely review your Will if you move house. Although you may not need to make any changes, you should at least make a note to store with your Will of your change of address. An incorrect address on a Will does not usually affect the validity...

When should you update a Will?

Katie Mayren
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If you have already made a Will, you are already one step ahead in managing your affairs as we all know, it is not an enjoyable process to have to go through although essential. If you have made a Will, you should review your provisions whenever your...

Does my husband or wife automatically inherit my estate?

Rachelle Nuttall
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If you pass away without a Will and are married or in a civil partnership, depending on the value of your assets  you may be surprised to hear that your spouse may not receive all of your estate automatically.   If you do not have a Will...

How do I prove I have a power of attorney?

Rachel Haywood
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It is possible that any one of us could lose the capacity to manage our own affairs at some point in the future due to a variety of reasons such as illness, age, accident or injury. A Lasting Power of Attorney (LPA) allows you to choose someone you...

Where is the best place to keep a Will?

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There is no law on how a Will should be stored. It’s up to you what you want to do about storing your Will but there are some common sense thoughts. It does need to be kept somewhere safe, where it won’t be lost, inadvertently damaged or...

Can a person living with dementia give a Power of Attorney?

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A Power of Attorney can be very useful because it can allow someone to help manage someone else’s affairs. It is particularly useful for assisting people who may be living with dementia and who may need that kind of help. However it’s...

Do all estates require probate?

Sophie Holmes
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If you are appointed in a Will as an ‘executor’, you may find that you have to apply for a Grant of Probate before you are able to deal with their assets. If family member has passed away without leaving a Will , it may be up to you to obtain...

Probate prices in the South East - how do they compare with elsewhere in the UK?

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Years ago when family were having to deal with the sad task of getting probate and administering the estate of a loved one who had passed away, they would often use a local solicitor. That is no longer necessary and may not be the best thing to do for...

Probate prices in London - how do they compare?

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Years ago when family were having to deal with the sad task of getting probate and administering the estate of a loved one who had passed away, they would often use a local solicitor. That is no longer necessary and may not be the best thing to do for...

Will I have to sell my home to pay for care fees?

Sophie Holmes
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The effects of the Covid-19 pandemic on indoor visiting for care homes has made the news again in recent weeks as the government introduced measures to allow care home residents one visitor, as a part of the easing of lockdown restrictions in England...

Self-invested personal pensions and estate planning to reduce inheritance tax liability

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Self-employed business owners often have a person pension or self invested personal pension (SIPP) and it is important to consider these when estate planning . A significant chunk of your wealth could be tied up in the SIPP.As much, or more, than your...

What happens to my pension when I die?

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Lots of us think of our house as being our biggest asset and the main thing to consider when planning what we want to happen and who we want to look after if we die. But if you have been paying into a pension for a while, you could have built up a...

Can I get probate if there is no Will?

Katie Mayren
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I would always strongly advise you make a Will in any event regardless of your financial or family circumstances. When there is no Will made before someone passes away, administering their estate can be far more complex and there may need to be...

DIY probate - the trials and tribulations

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Many people are becoming much more tech savvy and are looking to save money where they can.  This is completely understandable in the current climate and more and more people are looking at dealing with the estate of someone who has passed away as a...

What to do when someone dies - a guide

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If you have just lost someone whether a friend or relative and you are wondering what the next steps are. This useful guide will take through the steps you need to consider and provide you with enough information to be able to carry out your...

What is a deputyship and who can apply?

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If a person lacks mental capacity and has not put in place a power of attorney beforehand, it is likely that they will require the support of a deputy to manage their financial affairs and, in limited circumstances, to make decisions regarding their...

What to do when somebody passes away

Rachelle Nuttall
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It is understandably a very emotional time when someone sadly passes away and you may feel like you have a million and one things to do. The first and most important thing to know is that there is no rush with any matters, you must take your time and...

The use of a deed of variation to mitigate inheritance tax

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More individuals and families are finding themselves exposed to the possibility of their estate suffering inheritance tax (IHT). The basic IHT exemption of £325,000 per individual has remained unchanged for some years. An additional Residence Nil...

How long does a Grant of Probate take?

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People commonly refer to the process of administering a deceased person’s estate as Probate . The people responsible for administering the estate, known as the personal representatives, have a number of duties including: Identifying if there is...

Who should be involved in succession planning?

Katie Mayren
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It is never too early to consider putting provisions in place for your family and their future. The size of your estate is irrelevant, everyone should have a Will in place. However succession planning involves more than just making a Will , as you...

Is it possible to make a Will using video conferencing?

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Unfortunately the covid-19 pandemic has thrown into sharp relief the need for many people to think about their Wills. Anyone who has a family, especially children that they want to provide for, or has undergone a life event such as marriage,...

Can I do probate myself?

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You do not have to use a solicitor to get a grant of probate or administer the estate of someone who has died. But it is important to understand what your obligations are if you take on that task. If a Will has been left, appointing you as an...

Do I need a Will and, if so, how frequently should it be updated?

Sophie Holmes
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Planning for the future and certainly planning for when we die can be a daunting exercise and something that many people feel that they can put off until further down the line. Some people do not like the idea of ‘tempting fate’ and prefer not...

What happens when a business partner dies?

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It is something every business owner must consider at one time or another – what happens in the event that I die or my business partner dies? Some knowledge and planning based on the right advice can go a long way to provide confidence that the...

How can I pass my business on to my children?

Katie Mayren
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Whether you are a sole trader, a partner in a partnership or the director/shareholder of a limited company, it is important to ensure your interests in a business are dealt with as you intend them to be on your death. If you want to ensure your children...

Inheritance Tax: How to minimise your bill

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Due to the Covid 19 situation many of us will be aware that the national debt has ballooned to around 100% of annual gross domestic product. On the basis that there isn’t a magic money tree, at some point this debt will need to be repaid –...

Cost of legal services in England and Wales

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A recent survey by the Legal Services Board (LSB) of legal service providers has found that there is a wide discrepancy of prices charged for legal work and advice in England & Wales. The survey unsurprisingly finds that cost of legal services in...

How far in advance should I start planning to pass my business on?

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It is a sad fact that many businesses have no succession plans in place and simply believe that the business will be able to sort itself out in the event of the ill health or the death of the sole trader or one of the business partners. This really...

How to successfully pass on a family business in your Will

Rachelle Nuttall
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Many people have had a lot of extra time on their hands as life has slowed down in recent months given the current pandemic. During March and June there was a significant increase in business start-ups, a website which assists in creating your own website...

Court of Protection Finance Deputyships - why it may make sense for a local authority to instruct external solicitors

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This article examines the arguments for and against a local authority instructing external solicitors to apply for a deputyships in respect of service users . It is informed by issues rightly raised by APAD (The Association of Public Authority...

The difference between a Lasting Power of Attorney and Court of Protection Deputyship

Rachel Haywood
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Lasting Powers of Attorney and a Court of Protection Deputyship Order are both documents which can be put in place in order to allow attorneys or deputies to manage the affairs of someone else, but do you know the difference? Anyone over the age of...

Top tips for making your Will in the current climate

Katie Mayren
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It is no surprise that many people are now considering making a Will and getting their affairs in order during this uncertain time we currently find ourselves in. Although it is never a pleasant issue to think about, making your Will and ensuring it...

Reform of Inheritance Tax

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The All Party Parliamentary Group on Inheritance Tax and Intergenerational Fairness (APPG) reported in January 2020 with some radical proposals for reform of Inheritance Tax (IHT). The group was set up to facilitate methods of reform to deal with...

What to look for in Wills & Probate services

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There is sometimes a big difference in what law firms charge to draft a Will or administer an estate after someone’s death. There can be a particularly large variation based on location, with some solicitors in the South East charging...

Lasting Power of Attorney and value for money

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A Lasting Power of Attorney is an important document which will allow someone else to manage the affairs of someone who can’t do it themselves. It is particularly useful if a family member develops a condition such as Alzheimer’s or has...

Do I need to instruct a solicitor if I am the personal representative of an estate?

Sophie Holmes
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What do I need to do as the personal representative? If you are an executor of a Will or if you are administrator where somebody has passed away without leaving a Will , you are legally responsible for administering their estate. This means that you...

Planning for the future - protecting your family and business

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If you are a business owner the chances are that you will have poured a great deal of time, hard work and love into your business. You want to make sure that if something happened to you, your family and business would be properly looked after. It’s...

Planning for the future - who will look after my children if I die?

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One of the main reasons why people make Wills is to provide for their children if they die. It’s not a pleasant thought, but making sure your children are looked after if you die is the major concern for most parents. Solicitors will want to...

Dealing with the financial affairs of someone who has died

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People often have multiple assets, policies and debts that need to be dealt with when someone dies. In the majority of instances, people do not have a file or comprehensive list of these assets making handling financial affairs quite a time consuming...

Who can apply for probate?

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Probate follows several key stages and who can apply depends on whether there was a Will or not. Where a Will is in place, the people responsible for handling the estate are named as executors . They may be family members, a friend or someone else...

What rights does a beneficiary of a Will have?

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The probate process can seem complex and confusing especially if you are a beneficiary and do not have all of the information to hand about the probate process. The rights to all the estate information are assigned to the executor. Although it is...

The role of an executor

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An executor is chosen by a person making a Will to handle their estate upon their death. The executor or executors handle the distribution of assets and pay any debts as well as handling any other interests expressed in the Will. In...

What are the stages of probate?

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Probate involves getting the court’s permission to carry out the wishes within someone's Will and settling the person’s estate. Probate is sometimes not required if the estate is small and in these two main scenarios: There was...

Is my Will still valid after I get married?

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Many people don’t know that if you get married it revokes all previous Wills. That could mean that if you have children from a previous relationship and you have provided for them in your Will but you then get married, they could be disinherited. ...

Distance Lasting Power of Attorney

Rachel Haywood
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It is surprising that 75 percent of people believe that their partners or close family members can automatically make decisions for them if they do not have the mental capacity to do so. A Lasting Power of Attorney (LPA) enables you to choose and...

Intestacy rules update - what does this means for you?

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In England and Wales two thirds of people pass away each year without having made a Will. It may be the case that some people just don’t get around to it, some may not realise that getting married can revoke a previous Will. S ome people presume...

Have you settled the inheritance tax liability correctly?

Rachelle Nuttall
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In 2018/2019, over 22,000 estates were charged to inheritance tax. HMRC on average conducts 5,500 investigations into estates suggesting a quarter of all inheritance tax accounts submitted are subject to investigation.  It is the...

Why going 'paperless' may not be the best idea when it comes to your estate

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We have all heard that we should go ‘paperless’ to save the environment, and to some extent this is very sound advice as it saves countless trees every year. However, in some instances it is beneficial to still receive paper ‘hard...

Why keeping your assets secure could cause problems for your executors when you die

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A recent article by the BBC looked at the implications of a person leaving behind assets when they die, and the difficulties in particular of their executors trying to access cryptocurrency. Cryptocurrency is a form of digital currency which in...

How leaving a gift to charity in your Will can have tax benefits for your estate

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The end quarter of the year always seems to be filled with a whole host of charitable efforts, and we at Stephensons love a good fundraising activity. There’s Go Sober for October in aid of Macmillan, Movember for the Movember Foundation, Children in...

Probate fee increase further delayed

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Since the government decided to increase probate fees as set out in the Draft Non Contentious Probate (Fees) Order 2018 there has been much discussion in the media. The government proposals seek to increase the existing fixed probate fee of £215...

The effect of rising care home fees

Katie Mayren
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There is no getting away from the care home fee fear currently sweeping the nation. You work hard for your entire life to own a beautiful home and have some money in the bank, to then have it wiped out due to having to fund your required care later in...

Writing my first Will at 21 years old and why its time to update it already - Will drafting for the younger generation

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There are many things that we young adults consider important at our age, and also many things that we consider are problems to deal with later in life. As an 18 year old beginning a career in law, I was certain that making a Will would not be of any...

Dementia and the benefits of making a lasting power of attorney

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Dementia is the leading cause of death in England and Wales and it is estimated that some 850,000 people across the UK are now living with dementia. The stats are sobering, but what exactly is dementia and if you’re diagnosed with dementia what legal...

Why make the decision to have a professional deputy?

Rachel Haywood
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A deputy is appointed by the Court of Protection to manage financial matters on behalf of a person who is unable to do this for themselves. A deputy can be appointed to act on behalf of an adult, or a child if it is likely that the child will continue to...

How do the increased probate fees affect bereaved families?

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The government announced its plans to change the way probate fees are charged back in November 2018. It was proposed that families would pay probate fees where an estate is worth more than £50,000. For those estates over this threshold, the fees...

Why everybody should have a lasting power of attorney

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Losing your mental capacity and your ability to make important decisions for yourself may not be pleasant to think about, but it is important that everyone plans for the unexpected and having a lasting power of attorney (LPA) is one of the ways you can...

Will you show someone how much you love them this Valentine's Day?

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Valentine's Day is nearly here and our Wills and Probate team would like to celebrate by giving away a bottle of Moët & Chandon Rose Brut Imperial Champagne. So for your chance to win simply retweet our post on Twitter and gives us...

The importance of Wills - including for the younger generation

Rachelle Nuttall
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It has been reported recently in the media, following his sad death in April 2018 that the entire fortune which is estimated to be over £20 million pounds of the famous DJ and music producer Avicii (Tim Bergling) who was aged just 28 at his death...

Christmas gifts - have you considered the tax benefits?

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It is the season for exchanging gifts with your loved ones and we spend so much time trying to find the perfect and most thoughtful gift for every person. Perhaps however the most thoughtful gift is to plan to mitigate your inheritance tax liability...

You've planned for your children's Christmas but have you planned for their future?

Rachel Haywood
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Everyone is busy making plans for the upcoming festive season to ensure their children have the best Christmas and enjoy watching their faces light up when they open their presents from Santa Claus. But who would ensure your children have the magical...

The use of lasting powers of attorney in issues with property

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With a large increase in the number of instructions to prepare lasting powers of attorneys (LPA)  for our clients we are often called upon by our colleagues in the residential conveyancing department to provide them with help and guidance on their...

Government announces probate fee increase

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The government has recently announced changes to probate fees with some charges escalating to £6,000. In England and Wales, probate fees (the fees paid when administering someone's estate after they die) are set to be paid as a sliding...

Does an executor of an estate need professional advice?

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An executor is a person named in a Will who is legally responsible for ensuring a deceased’s estate is administered properly. If you are an executor of someone’s Will, there are certain things that you must do. In many circumstances a grant...

Do you really need a Will?

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It is a common presumption that those who are married do not need to make a Will , as the estate will pass automatically to their spouse. Only for some individuals will this be correct. We would always recommend you consider the value of your estate and...

Inheritance tax - the latest facts and figures and three simple steps to reduce your tax

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HMRC has released its latest publication on inheritance tax statistics. It shows that revenues continue to increase in respect of a tax which some consider to be unfair. HMRC collected a total of £5.2bn of inheritance tax in 2017-18. This is an 8%...

The importance of a Will for unmarried couples

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It is recommended that everyone has a valid Will in placed, in order to ensure that your estate passes in line with your wishes and your loved ones are provided for. This is crucial particularly for unmarried couples that wish to provide for each other...

Are we facing a dementia crisis and if so how can we plan for it?

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It is widely thought that the UK is heading towards a dementia crisis with millions of people failing to take steps to prepare for losing mental capacity, a solicitors organisation has warned. A recent report by Solicitors for the Elderly warns that...

Does GDPR give beneficiaries the right to be told they are named in a person's Will?

Rachelle Nuttall
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We have all been inundated with emails over the past few months with regard to the introduction of GDPR on 25 th May 2018. This was introduced by the EU to improve the data rights of EU residents and to ensure that data protection law was equal...

Losing a loved one

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When a loved one passes away, it is a very difficult and upsetting time for friends and family. Coping with the loss of a loved one can be overwhelming, but there are some things that have to be done as soon as possible.  Firstly, not many...

Gift giving as an attorney or deputy

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As a ttorney or deputy, it is likely you will want to make gifts on behalf of the person you act for on special occasions like birthdays, weddings and at Christmas when they lack the capacity to do so. But be aware, you have limited authority to make...

Dementia awareness week 2018 - 21st-27th May

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With the upcoming Dementia Action Week this month, now is a good time to consider putting in place a Lasting Power of Attorney. It is estimated that there are currently 850,000 people living in the UK with dementia and 38% of people in the UK know a...

How can a recent change to Inheritance Tax save you thousands?

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This tax year has seen a change for Inheritance Tax. If a person dies after 6 April 2018 and their estate is above the usual Inheritance Tax nil rate band threshold of £325,000, their estate could be entitled to an additional nil rate band of...

Can you afford NOT to have your Will professionally drafted?

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We appreciate that there are more interesting things to spend your money on and that there seems to be a lot of affordable ways of making a Will . Perhaps you’ve bought a make-your-own package from your local shop, or had a family member help you...

Are homemade Wills a recipe for disaster?

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A Will is potentially the most important document you will ever sign. Not only is it your final instruction for what will happen with everything you own and hold dear to you but it also tells the world after you have departed something about who you were...

Office of the Public Guardian launches power of attorney refund scheme

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If you applied to register a power of attorney in England or Wales between 1 st April 2013 and 31 st March 2017, then you may be eligible to receive a refund of part of your application fee. The refund applies for both lasting powers of attorney...

How can you protect your business?

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When you think about estate planning and planning for the worst, you usually think about protecting property and bank accounts. But if you own a business, there’s far more to consider. What happens to your business if you are incapable of making...