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 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.
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 […]
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. Nowadays more people have heard of them but still think that they are really only for older people. However, the importance of […]
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 […]
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 […]
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.
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 […]
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 […]