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Insights

Can you make your own homemade Will?

Posted on 25th June 2021 in Probate & Wills

If you write your own Will, without help from a solicitor, you need to make sure you know what's required in the eyes of the law. Homemade Wills are often poorly written, contain mistakes or are incorrectly executed. As a result, they are commonly found to be invalid or ineffective after death.

Posted by

Sue Halfyard

Associate and Chartered Legal Executive

Insights

Leaving gifts to charities in your Will

Posted on 08th June 2021 in Probate & Wills

If you are thinking about creating or updating your Will you may consider the possibility of including a charitable gift.

Posted by

Rachael Morley

Associate and Solicitor

Insights

Why you should include digital assets and passwords in your will

Posted on 20th May 2021 in Probate & Wills

The Law Society has advised that people should include digital passwords in their will to ensure executors can access vital online information.

Posted by

Sue Halfyard

Associate and Chartered Legal Executive

Insights

When does a person no longer have capacity to make a Will?

Posted on 18th May 2021 in Probate & Wills

When making a Will, the person making it (the testator) must have the necessary mental capacity in order for the Will to be valid.  

Posted by

Naomi Hoare

Solicitor

Insights

Changes to the Trust Registration Service

Posted on 05th May 2021 in Probate & Wills

Updates will shortly be made to the online Trust Registration Service (TRS) in preparation for opening it to non-taxable trusts for registration later this year. Whereas trustees were only obliged to register in certain circumstances before, the new system will shortly catch the vast majority of trusts with the requirement to go through this exercise.

Posted by

Rachael Morley

Associate and Solicitor

Insights

Probate delays cause despair to bereaved families

Posted on 04th May 2021 in Probate & Wills

HM Courts and Tribunals Service, which deals with Probate applications, has lately been revamped to move all Probate operations to a central location. Whereas there used to be various Probate Registry centres around the country, the new central hub was intended to streamline the process.

Posted by

Rachael Morley

Associate and Solicitor

Insights

The Challenges of Intestacy

Posted on 23rd March 2021 in Probate & Wills

A recent High Court case has highlighted the challenges faced when a person dies intestate, or when a Will does not cover a number of scenarios, such as what should happen in the event of the unexpected death of a beneficiary.

Posted by

Naomi Hoare

Solicitor

Insights

Creation of Wills and Lasting Powers of Attorney have been steadily increasing over the last few years

Posted on 15th March 2021 in Probate & Wills

Further to International Women’s Day at the beginning of this week, it is great to see that the trend for the number of women planning for their and their family’s future, by creating Wills and Lasting Powers of Attorney, has been steadily increasing over the last few years.

Posted by

Gráinne Staunton

Partner and Solicitor

Insights

Can you make a gift on your deathbed?

Posted on 03rd March 2021 in Dispute Resolution, Probate & Wills

It is always best to ensure you have a carefully drafted, and updated Will setting out what you would like to happen to your property and effects when you die. The law protects your decisions in most cases but this can provide some inflexibility in the way your estate is handled. Equally, if there is no Will, the intestacy rules can result in undesirable consequences.

Posted by

Martin Laver

Partner and Solicitor

Insights

Rise in post-pandemic probate claims

Posted on 19th February 2021 in Probate & Wills

A recent article has reported that there has been a marked rise in claims being brought against estates. These claims are mainly being made under the provisions of the Inheritance (Provision for Family and Dependants) Act 1975 whereby claimants argue that they have not received reasonable financial provision from an estate. 

Posted by

Sue Halfyard

Associate and Chartered Legal Executive

Insights

Reducing Inheritance Tax through Post-Death variations

Posted on 05th February 2021 in Probate & Wills, Later Life Planning

So, what happens when a person has neglected to update their Will and it therefore misses out on more favourable tax treatment? Is there anything which the beneficiaries or Executors can do about it?

Posted by

Naomi Hoare

Solicitor

Insights

Discretionary Trusts in Wills

Posted on 29th January 2021 in Probate & Wills

Choosing the beneficiaries in your Will, or the amounts that each beneficiary receives, can sometimes be a daunting task. Especially when you consider that you are likely to be making your Will many years before you pass away and you cannot always tell how much your family will grow and change over the coming years.

Posted by

Sophie Palk

Wealth Management Assistant