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Wills & Probate

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Lasting Powers of Attorney: how to make your wishes clear

If you are considering making Lasting Powers of Attorney, you may be wondering how your attorneys (the people you allow to make decisions on your behalf) will act. Attorneys have a duty to make decisions that are in your best interests, and this involves them considering what your wishes would be. This may be straightforward […]

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The ‘Common Law Marriage’ myth

Couples that live together but are not married or in a civil partnership are known as cohabitees. It is commonly believed that, if a couple have lived together for a significant period of time, then they have entered into a ‘common law marriage’ or ‘common law civil partnership’ which has a similar status to a […]

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What happens to my digital assets when I die?

The world is becoming increasingly digital so it’s no surprise to hear that a recent study by the Office for National Statistics found that, in 2020, 92% of people in the UK were recent internet users. With this in mind, it is important to think about what happens to your digital assets when you die. […]

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Can executors claim expenses?

If you are a personal representative (either an executor or an administrator) of an estate, then you are not entitled to charge for the time you spend dealing with the deceased’s affairs. The only exception is if you are a professional, such as a solicitor or an accountant, and you are acting in your professional […]

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To Will or not to Will?

Unfortunately, recent times have brought the importance of making a Will and Lasting Powers of Attorney to the forefront of people’s minds. I often hear people say that they are ‘too  young’ or ‘do not have sufficient assets’ to make a Will, and although these statements might be true in that specific moment in time, […]

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Remote witnessing of Wills Legislation laid before Parliament

Following our blog in July regarding the video-witnessing of Wills, the Statutory Instrument the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 was laid before Parliament last week. The Wills Act 1837 requires that a Will must be executed by a testator in the presence of two witnesses, who must be present at the […]

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Wills can now be completed by video-witnessing

On 25th July, the government announced that the rules regarding how a Will can be signed and witnessed are being amended in light of the coronavirus pandemic. Previously, the law stated that a Will must be signed in front of two independent witnesses who were present at the time the Will was signed. If the […]

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The Importance of Lasting Powers of Attorney

A Lasting Power of Attorney (LPA) is a legal document which formally appoints people to make decisions on your behalf in case you are unable to do so yourself, due to physical or mental incapacity. These decisions can be in relation to your financial matters, your business and also your health and welfare. There is […]

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Rise in Probate Fees Scrapped

In 2017 the Government introduced a proposed rise in probate fees. Originally they proposed fees of up to £20,000 for an Estate over £2m. However, the proposals were subsequently reassessed at a new rate of up to £6,000 for an estate over £2m. The fee for a Grant of Probate, or Letters of Administration, had […]

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Making Investments as an Attorney

The number of people taking out Lasting Powers of Attorney (LPAs) is on the increase, and there is no doubt that appointing Attorneys to deal with your finances is invaluable if you lose capacity to manage your affairs. However, if you have been appointed as an Attorney it can be a daunting prospect having to […]

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A Digital Dilemma: Protecting Your Online Assets

Think about the last time you uploaded a picture to an online platform (such as Facebook, Twitter, or Instagram) or when you accessed your online shopping account to purchase your weekly groceries. Many of us conduct these tasks instinctively and if we happen to forget our passwords, we simply contact the provider, verify that we […]

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Planning Ahead: Foreign Assets

Many of us have assets in other countries, for example a holiday home in the sun or a bank account abroad. However if you do have assets abroad, it is important that you consider these when you are planning your Estate. Making a Will Planning ahead by making a Will, gives you the opportunity to […]

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