Wills & Probate
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 […]Read more
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 […]Read more
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 […]Read more
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 […]Read more
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 […]Read more
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 […]Read more
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  EWHC 1396 (Ch) brings this issue back to the forefront; highlighting the […]Read more
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 […]Read more
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 […]Read more
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, […]Read more