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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.

 

The role of an executor

Jill Rushton
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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?

Jill Rushton
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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?

Jill Rushton
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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?

Jill Rushton
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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

Megan Ryan-Loughran
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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

Megan Ryan-Loughran
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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

Megan Ryan-Loughran
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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

Simon Page
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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...

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