The Importance of a Staple

February 11th 2020 | wills and probate

Who knew a staple could cause so many problems? When a professional drafts a Will, we generally arrange for them to be sewn with ribbon or bound. This not only looks nice but also makes it harder for clients to unsuspectingly separate the document.  Where it is apparent that a read more...

A Scottish Connection

December 20th 2019 | wills and probate

Fun Fact! Did you know that you can make a Will at the age of 12 in Scotland? There are quite a few variations in the law when you head north of the border, and it is important to remember that Scotland is a separate legal jurisdiction. As such, careful read more...

Guide to The Court of Protection - Health and Welfare Deputyship

December 9th 2019 | court of protection

If someone loses capacity without having a valid Lasting or Enduring Power of Attorney in place, then those seeking to make decisions will need to apply to the Court of Protection for the authority to make decisions on their behalf. There are several types of a decision that the Court read more...

Guide to The Court of Protection - Property and Finance Deputyships

November 6th 2019 | court of protection

What happens if decisions need to made for someone who lacks mental capacity? With an ageing population this is an issue which has become more prominent in people's mind. This is further compounded by significant care costs and high property values, which mean that incapacitated individuals are left with valuable assets read more...

The Horror of Homemade Wills

October 31st 2019 | wills and probate

I have been seeing more and more homemade Wills in recent years. I will freely admit that, as a Probate Solicitor, these fill me with dread. This is because homemade Wills usually lack useful administrative provisions, or worse, contain clauses which are unworkable or open to challenge. I would never read more...

A Quick Guide to Trusts

September 25th 2019 | wills and probate

The concept of trusts can be a difficult one to explain to non-lawyers. Most people know that they exist but have very little knowledge about how they operate or why they might be established. In recent years they have received a particularly bad rap as they have become associated with read more...

What Happens If I Do Not Have a Will?

August 21st 2019 | wills and probate

A Will is a document, created by someone during their lifetime, which sets out what they would like to happen to their assets when they die. If you die without a Will, your estate passes under the rules of intestacy. There are several common misconceptions about what happens when someone read more...

The £1 Million Inheritance Tax Threshold - Is it Real?

August 14th 2019 | wills and probate

The concept of inheritance tax is fairly strange to our American cousins. In the UK, when someone dies, any amount in their estate above their available tax-free allowance is charged to tax at 40%. There are some exceptions to this rule, for instance if estates are passing to spouses or read more...

Lifetime Gifting: A Salutary Lesson

July 31st 2019 | wills and probate

A friend of mine recently forwarded this article to me, asking what the legal position is in relation to gifts to children, and if parents have an ability to ask for their money back. In this scenario, a lady’s parents gifted her £100,000 to help her to buy her home. read more...

Statutory Wills: A Brief Guide

May 20th 2019 | court of protection

A Will is a document, made by someone, which sets out how their estate should be distributed on their death and who should deal with the administration. However, recent research carried out by Prudential found that around 60% of the UK population does not have a Will. If someone dies read more...

Mortgage Deposits and the Bank of Mum & Dad

March 14th 2019 | wills and probate

The cost of buying homes in the UK has escalated significantly in the past few years. However, house prices themselves seem to have stagnated –Most likely as a result of a concerted effort by the conservatives to curtail the buy-to-let market (by way of increased stamp duty and loss of read more...
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