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Wills, trusts & probate

The rules around income tax – what executors should know

Income tax is something we think about regularly during our lifetime. We constantly ask questions such as “have we paid enough?” and “does HMRC owe us a refund?”, yet the topic is often forgotten about after someone has died. An executor, as part of their role in administering an estate, is required to finalise the […]

Why making a will is so important: Q&A

Put simply, creating a will ensures that your loved ones will be properly provided for and do not unexpectedly find themselves dependent on others. While many think their home and possessions will pass to their immediate family by default after their death, this is a common misconception; there is no guarantee this will be the […]

Trusts in wills: A good way to ring-fence your assets for beneficiaries

An oft-quoted statement we hear is “I only need a simple will”. Upon further discussions with clients, it may transpire that they have been married more than once or have a child or children from different relationships. A recent article in The Times Money reported on two children who had ‘lost out’ on their inheritance […]

Making a lasting power of attorney | The complete guide

This guide runs through some of the common questions asked about lasting powers of attorney; the different types, when they are used, and why they are used. We also discuss how solicitors can help you to put a lasting power of attorney in place. Though none of us likes to think about losing the ability […]

Payback time: New OTS report could spark higher CGT liabilities for taxpayers

What can be said about 2020? Terms such as pandemic, lockdown, social distancing and furlough became commonplace. We’ve all had to drastically change the way we live and work this year, and all governments have had to think creatively to put in place steps to try and protect their economies. Those steps have come at […]

Where there’s a will, there’s a way…

Traditionally, the practice of making a will or lasting powers of attorney has been somewhat ‘hands-on’, involving face-to-face meetings, signatures in the presence of witnesses, and so on. The coronavirus lockdown has abruptly put paid to this way of working, and with demand for wills and powers of attorney surging, we’ve been busy finding different, […]

Who will make decisions about your health and welfare, if you became unable to?

Simon Cook discusses the importance of health & welfare lasting powers of attorney. Though no-one likes to think about losing the ability to manage our own affairs, it can happen. It is important to put arrangements in place so that others can make certain decisions for us in case we become unable to do this […]

Contesting a will: a complete guide to contesting a will

Lawyers often refer to disputes around inheritance and challenging the validity of wills as ‘contentious probate’. On this page, we’ll focus on contesting a will; that is, exploring the reasons why a will may not be valid and how it can be legally challenged on this basis. Overview Click on the links on the table […]

New statutory legacy sum introduced – what does this mean?

In the latest update to intestacy rules (meaning the rules that take effect when someone dies without a will), the government has increased the fixed sum that partners with children are entitled to from their late spouse or civil partner’s estate. This sum is called the statutory legacy and it is supposed to be updated […]

Proprietary estoppel: challenging a ‘broken promise’

If you have been promised a gift or other property from a person that has died but this promise hasn’t been reflected in their will, a solicitor or lawyer may still be able to help you make a claim for it, using a legal principle called ‘proprietary estoppel’. What do lawyers mean by ‘proprietary estoppel’? […]

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