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Wills & Probate

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Giving Gifts under a Lasting Power of Attorney

The Mental Capacity Act 2005 (MCA) dictates how an attorney can act in relation to making gifts of the Donor’s assets; these rules apply to situations where the attorney is acting under an Enduring Power of Attorney and a Lasting Power of Attorney (LPA). If the Donor has the mental capacity to make the gift […]

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Can we pre-empt a change in the law for assisted suicide in Lasting Powers of Attorney?

At present, a Lasting Power of Attorney (LPA) for health and welfare allows a donor to decide whether they give consent for their attorneys to make decisions regarding their life sustaining treatment. However, the Office of the Public Guardian (OPG) brought a case in front of the Court involving the possible registration of a series of […]

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Reforming the Law on Wills – Time For Change?

In recent years the Law Commission have made clear their view that the law relating to Wills should be updated and brought into the modern age. While this is still under review, the circumstances of the recent case of Ubbi v Ubbi [2018] EWHC 1396 (Ch) brings this issue back to the forefront; highlighting the […]

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Cutting a cohabitee out of your Will?

The recent case of Thompson v Raggett has highlighted the risks of cutting a cohabitee out of your will. In this case Ms Thompson had lived with her partner, Mr Hodge, for over 40 years. Over the years Mr Hodge had made several wills in which Ms Thompson was a beneficiary however in his last […]

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Disappointed Beneficiaries – The importance of seeking early advice

In January the case of Sargeant v Sargeant decided that after 10 years since Probate was granted for her husband, the Claimant (Mrs Mary Sargeant) did not have permission to bring a claim against her husband’s estate. The Inheritance (Provision for Family and Dependants) Act 1975, commonly referred to as the 1975 Act, allows for […]

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Five Alternatives to a standard burial

Around the world over 150,000 die every day and as space for traditional burials becomes sparse (it is estimated that half of the UK’s cemeteries will be full by 2020) cremation has been the growing alternative; seen as potentially more eco-friendly, practical, and inexpensive alternative. Yet the first of these may not actually be true, […]

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Death of a sole director/shareholder: What happens next?

When a sole director shareholder dies, his or her shares automatically pass to their personal representatives (PR’s), being the executors (if there is a valid Will) or the administrators of his or her estate (if the shareholder dies intestate), under section 773 of the Companies Act 2006. This makes the PR (or whomever they elect […]

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Back to the drawing board for disinherited beneficiaries?

Melita Jackson died in 2004 at the age of 70 leaving nearly £500,000 to the Blue Cross, the Royal Society for the Protection of Birds and the Royal Society for the Prevention of Cruelty to Animals, cutting her estranged daughter, Heather Ilott, out of her will.  Mrs Jackson and Mrs Ilott had been estranged for […]

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Tax Planning Queries – Who to Listen to?

It is common for us to sit and chat over a cup of tea about what one person has heard or been told, but is it always right to take tax advice from a friend over a cup of tea? Recently, I was sat on a train and I overheard a conversation where one lady […]

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Lasting Powers of Attorney

As the owner of a Holiday Park or a Residential Park it is important that you plan for the future to protect your business assets. As part of this, it is key to plan ahead and give authority to a trusted person (or people) to handle your finances and carry on your business if you […]

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