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Your First Year Explained When the Court of Protection appoints you as a Deputy, it can feel like the end of a long application process. The first year is often the steepest learning curve, especially if you are a family member stepping into the role for...
Even a carefully drafted will does not always bring matters to an end. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to apply to the court for financial provision if a will or the intestacy rules fail to make...
When someone can no longer make decisions for themselves and has not put a Lasting Power of Attorney in place, the Court of Protection can step in. Applications to the Court of Protection allow decisions to be made about a person’s finances,...
What does "probate" mean? Who is an "executor"? And why do I need to know about a "residuary estate"? Legal terminology can sound really confusing and daunting, and we completely appreciate this. However, these terms are really...
When planning for the future, many people naturally think about how to provide for loved ones after they are gone but one of the most meaningful ways to make a lasting impact is by leaving a gift to charity in your Will. Whether it’s a fixed sum, a...
What is Probate? When someone dies, their estate (property, money and possessions) usually needs to be administered through a legal process known as probate. In England and Wales, obtaining a Grant of Probate is the procedure by which the deceased’s...
In her Autumn 2024 Budget, Rachel Reeves announced the intention of bringing unused pension funds and pension death benefits within the value of an individual's estate for Inheritance Tax (IHT) purposes from 6 th April 2027. Following a lengthy...
Someone passing away without a valid will is a more common event than you might expect. When this happens in England and Wales, the person is said to have died intestate , and it means the law steps in to decide what happens to their estate. Rather than...
When it comes to inheritance tax, the old adage holds true: timing is everything. But few realise just how much timing can matter, especially when a carefully timed “deathbed gift” could preserve tens of thousands of pounds in tax-free...
The Autumn Budget 2024 introduced some unexpected provisions regarding Inheritance Tax that have wide-ranging implications for anyone whose estate is likely to be subject to Inheritance Tax following their death. Inheritance Tax is generally payable on an...
Deciding to make your Will might be one of the best things you ever do. But where do you start? This short guide to making your Will provides you with a ‘To Do’ list to help you prepare. List Your Assets Before creating your Will, you should...
Trustees have a wide range of responsibilities when administering the trust estate under their charge. What is a trustee? A trustee is a person or a firm that holds and administers property or assets held in a trust for the benefit of a third party. A...
For Individuals Income Tax The personal allowance, thresholds and income tax rates will remain the same. From 2028, the income tax thresholds will be reviewed and increase in line with inflation. Living Wage From 1 st April the National Living Wage...
When a loved one dies the thought of dealing with their estate can be quite daunting. That’s where we can help. We have solicitors and lawyers specialising in many different areas of law which means we can always give you joined up advice and...
You have decided to make your will. You’ve met with your solicitor, discussed your needs and received advice. You then receive your will to review, but find it contains words you may not fully understand. Let’s look at some of those terms and...
What is an Enduring Power of Attorney? Both Enduring Powers of Attorney ("EPA") and Lasting Powers of Attorney ("LPA") are documents that allow a person (the "Donor") to appoint a friend, family member or authorised body to be...
HMRC introduced their Trust Registration Service (TRS) in 2017. It originally applied to certain taxable trusts and required trustees to register details of these. However, the TRS has since been expanded to cover most trusts, whether or not the trustees...
For many people, there unfortunately comes a time whereby they no longer have the mental capacity to handle their own affairs, whether due to old age, injury, or illness. To prepare for these potential circumstances, having a Lasting Power of Attorney in...
When contemplating their overall Inheritance Tax position, many people believe the current Inheritance Tax threshold is now £1 million. It might therefore surprise some of you to learn that the basic Inheritance Tax nil rate band allowance is...
HMRC introduced their Trust Registration Service (TRS) in 2017. It originally applied to certain taxable trusts and required trustees to register details of these. However, the TRS has since been expanded to cover most trusts, whether or not the trustees...
Accidents can happen to anyone at any time, and sometimes these accidents can result in individuals losing the ability to make their own decisions. In such cases, the Court of Protection in the UK steps in to protect the interests of these vulnerable...
Three children have won a share of their father’s £700,000 estate after a hard-fought case that reached the High Court in London. The siblings took action when their father Kenneth Grizzle died and they found they were excluded from his...
As of 26 th July 2023 the Statutory Legacy upon intestacy is increasing to £322,000. The Statutory Legacy is a specific sum of money given to the surviving spouse or civil partner of the deceased, who has died without a valid Will and with children. ...
There has been a recent case relating to Lasting Powers of Attorney (LPAs) that emphasises the difficulties that can be involved with the drafting of these documents. The Office of the Public Guardian (OPG) is a government body that monitors the activities...
With increasing rates of re-marriage and the resulting blended families, parents need to take action if they wish to protect inheritance for children from a previous relationship. Any fans of the mega-hit TV series Succession, which follows the fortunes of...
Friday 3 rd March saw the annual Alzheimer's Dementia and Care Show at the Business Design Centre in London take place. The show is the UK's dedicated exhibition and conference for Dementia and Care and features a wide range of care exhibitors,...
We often see clients come to us when the second of their parents pass away. On occasions, it transpires that a trust was established under the Will of the first parent to die. Often, either because of the mention of a surviving spouse within that trust, or...
The Law: Inheritance tax in relation to gifting circulates around the concept of Potential Exempt Transfers (PET for short). What we are referring to, is that any gift a person makes during their lifetime will be classed PET. These gifts cover any...
HMRC introduced their 'Trust Registration Service' back in 2017, but since then there has been an expansion of which trusts are required to register. From September 2022, all 'express trusts' needed to be registered, even if there is no tax...
It can be quite common for a lay Executor to wish to purchase property from an Estate particularly where that Executor is also a beneficiary. Most people don't realise that there is a rule that can prevent a transaction of that type from being valid. An...
1. Inheritance Tax (IHT) The Nil Rate Band and Residence Nil Rate Band, previously fixed until April 2026, will now be fixed until April 2028. This is one of a number of 'stealth' taxes extended in this Statement. The current Nil Rate...
Death bed gifts are a concept that many have heard of, but very few understand the dangers. In this article we will look at the pitfalls and how you can avoid the horrors that will come back to haunt your intended recipient. What is a death bed gift? A...
Consider the last time you instructed someone to prepare a will for you. If it went something like this: They asked you what you wanted to put in your will You told them what you wanted They produced a document accordingly. You did not...
Trustees who missed the September deadline to comply with the expanded scope of the Trust Registration regime have been thrown a lifeline by HMRC, with the news that penalties will not be imposed on those who missed the cut-off date through ignorance. ...
To appoint a person or persons to make decisions for you if you should lose mental capacity, you need to do so using a Lasting Power of Attorney (LPA). There are two types of LPA, one to appoint people to make decisions about your property and affairs,...
Today, we undoubtedly live in a world full of digital "online" influence – online banking, social media, online shopping and even virtual meetings using platforms such as Microsoft Teams and Zoom. Certainly the global pandemic has moved us...
If you are considering giving Power of Attorney to a loved one, we understand that this may feel overwhelming. There are many considerations, including choosing someone you trust to carry out your wishes and conduct your affairs as you would want. Choosing...
As a Private Client solicitor with quite a few years' experience under my belt, I find that generally younger people put off making wills unless a particular event prompts them to do so. I always advise everyone to make a will since it provides...
An attorney is appointed within a Lasting Power of Attorney (LPA) to assist the donor (person making the LPA) with their property and financial affairs and/or health and welfare. The attorney will make decisions on behalf of the donor, either once mental...
Chattertons Solicitors & Wealth Management are delighted to announce that Claire Clarke has joined the Private Client Team as a Partner at their Stamford Office. Claire is a solicitor and full member of the Society of Trusts and Estates Practitioners...
A Will is a legal document prepared to decide how you would like your estate, i.e. all of your assets including money, property and possessions, to be distributed after your death. If you do not have a valid Will at the date of your death your estate will...
One of the most common misunderstandings that clients have about funding residential care... “If we sign our property over to our children, after seven years it cannot be used to fund residential care”. It is possible to make an outright gift...
With the lifting of Covid restrictions this year is likely to be a bumper one for weddings. Whilst couples enjoy planning their nuptials, they often overlook one of the most important considerations when entering a marriage – what will happen to their...
There is still much uncertainty about the true impact of coronavirus on all aspects of our lives. Inheritance tax is no different, with the fallout of the pandemic affecting the value of estates, inheritance tax planning, and the valuation of business assets...
Professionals working with the elderly and vulnerable are raising concerns over future safeguarding following a dramatic fall in the number of lasting powers of attorneys registered during the coronavirus pandemic. Figures from the Office of the Public...
To put it simply, a Grant of Representation is a legal document/order issued by the Probate Court, which proves an executor, or administrator has the legal authority to deal with the deceased's estate. Is there more than one type of Grant? Yes, there...
Nobody likes to think about a time when they are no longer around and talking to loved ones about what you would like to happen after you pass away may seem morbid or unnecessary. However, talking about financial and practical matters can help put your mind...
Legal issues involving predatory marriages have resurfaced in the news recently. Calls to change the law to better protect victims and their families are building momentum, spearheaded by Daphne Franks whose mother, Joan Blass, was a victim of a predatory...
A judicial decision has seen the late Duke of Edinburgh’s Will sealed for 90 years, and the value of the estate excluded from the grant of probate. The ruling highlights an often-overlooked fact, which is that a Will, setting out how an...
The International Day of Charity is an annual event that took place on 5 September, but did you know that one of the best ways to support a charity is to leave them a gift in your Will? Many charities in the UK rely on donations left behind by their...
